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HomeMy WebLinkAboutO-12344J-03-138 2/21/03 12344 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 122, 130 AND 132 SOUTHWEST 2ND STREET, 201 SOUTHWEST 2ND AVENUE, 251, 259 AND 265 SOUTHWEST 1ST COURT, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of January 15, 2003, Item No. 3, following an advertised hearing, adopted Resolution No. PAB 02-03 by a vote of five to zero (5-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 10544 as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 10544 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: t7 i PAli ,,1 e 12344 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is amended by changing the land use designation from "Office" to "Restricted Commercial" for the properties located at approximately 122, 130 and 132 Southwest 2nd Street, 201 Southwest 2nd Avenue, 251, 259 and 265 Southwest 1St Court, Miami, Florida, as more particularly described in Exhibit "A." Section 3. It is found that the Comprehensive Plan designation change: (a) is necessary due to provide more options for development opportunities for the subject properties; (b) is consistent with the proposed intent and proposed use of the said properties; (c) is consistent with the Miami Comprehensive Neighborhood Plan; (d) is positive and will not impose an adverse effect on the area. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Page 2 of 4 12344 Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty- one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187 (3) (c) , Fla. Stat. (2001).'/ PASSED ON FIRST READING BY TITLE ONLY this 27th day of February , 2003. 1� This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later Page 3 of 4 12344 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this ATTEST: 27th day of March , 2003. PRISCILLA A. THOMPSON CITY CLERK APPROVED AS Te FARM AND enRRECTNESS: V I LARELLO rt �, RNEY (W W14d2:GKW:et MANUEL A. DIAZ, MAYO Page 4 of 4 " 6) ATTACHMENT A 01-0114-060-1040 From: "Office" to Port N l 000FT Lots 1 & 2 122 SW 2 &ree "Restricted Commercial' of Blk 2 & Port N100FT of E15FT Lot 8 of Block 6 PER Plat Book 12, at Page 3 DESC BEG 45FTN & 9.5FTW of SE COR Lot 1 TH N17.32FT N 68 DEG 14 MIN 28 SEC W77.19FT S48.84FT E70.5IFT to POB, MIAMI WAREHOUSE COS SUB, of Plat Book 12, at Page 2 of the Public Records of Miami -Dade County, Florida. 01-0114-060-1060 From: "Office" to Lot 3 of Blk 2 CF 130 SW 2 Stree "Restricted Commercial' 73R64627, MIAMI WAREHOUSE COS SUB, of Plat Book 12, at Page 2 of the Public Records of Miami -Dade County, Florida. 01-0114-060-1070 From: "Office" to Lot 4 of Blk 2, CF 132 SW 2 Stree "Restricted Commercial' 73R64627, MIAMI WAREHOUSE COS SUB, Plat Book 12, at Page 2 of the Public Records of Miami -Dade County, Florida. 01-0114-040-1130 From: "Office" to All of Blk 3 Less RJW & O1 SW 2 Avenu "Restricted Commercial' All of Blk 6 of Plat Book 12, at Page 3 Less E15FT of Lot 1 & Less N100FT of E15FT of Lot 8 ALL LYG SOUTH OF XWAY & S45FT of Lots 1 & 2 of Blk 2 of Plat Book 12, at Page 2 & Less W PORT of Lot 6 Blk 3 DESC BEG 80.83FTW of SE COR of Lot 6 CONT S 87 DEG W 44.17 FT N 02 DEG W 43.83FT N 87 DEG 3.39FT, LE BLOND & ORR SUB, of Plat Book 9, at Page 1 of the Public Records of Miami -Dade County, Florida. nNM 12344 01-0114-060-1090 From: "Office" to Lot 2 Thru 4 Blk 3 & BEG 51 SW 1 Co "Restricted Commercial" NE COR of Lot 2 Blk 3 Plat Book 12, at Page 2, TH E1.5FT S27FT E2.5FT 529.5FT W4FT N56.5FT to POB, MIAMI WAREHOUSE COS SUB, Plat Book 12, at Page 2 of the Public Records of Miami -Dade County, Florida. 01-0114-060-1100 From: "Office" to Lot 5 of Blk 3, MIAMI 59 SW 1 Co "Restricted Commercial" WAREHOUSE COS SUB, Plat Book 12, at Page 2 of the Public Records of Miami -Dade County, Florida. 01-0114-060-1110 From: "Office" to Lot 6 Less S35FT For ST of 65 SWCo "Restricted Commercial" Blk 3, MIAMI _l WAREHOUSE COS SUB, Plat Book 12, at Page 2 of the Public Records of Miami -Dade County, Florida. 12344 ITEM PZ 17 SECOND READING PLANNING FACT SHEET APPLICANT Planning and Zoning Department HEARING DATE January 15, 2003 REQUEST/LOCATION Consideration of amending the Miami Comprehensive Neighborhood Plan. LEGAL DESCRIPTION Complete legal description on file with the Department of Hearing Boards. PETITION Consideration of amending Ordinance 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the properties located at ap'proximately 122, 130 and 132 SW 2"d Street, 201 SW 2" Avenue, 251, 259 and 265 SW 1st Court, Miami, Florida; from "Office" to "Restricted Commercial'. PLANNING RECOMMENDATION Approval. BACKGROUND AND ANALYSIS See supporting documentation. PLANNING ADVISORY BOARD Recommended approval to VOTE: 5-0 City Commission. CITY COMMISSION Passed First Reading on February 27, 2003. APPLICATION NUMBER 02-040 Item # 3 CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 3/14/2003 Page 1 12344 - ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 122,130 and 132 SW 2nd Street, 201 SW 2nd Avenue, 251, 259 and 265 SW 1" Court, Miami, Florida; from "Office" to "Restricted Commercial" Auulication No. LU- 02-040 DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "Office" to "Restricted Commercial"., The subject property consists of an entire block plus four lots located on SW 1St Court. (Complete legal description on file at the Hearing Boards Office). Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The subject property is currently designated "Office" and the same designation is to the east; to the north there is a "SD -6", to the west there is a "SD -4" and to the south there is "SD -15" land use designations. Office: Areas designated as "Office" allows residential uses to a ' maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting condi- tions; transitory residential facilities such as hotels and motels; general office uses; clinics and laboratories; and limited commercial activities incidental to principal activities in designated areas. Supporting facilities such as auditoriums, libraries, convention facili- ties, places of worship, and primary secondary schools may be allowed with the "Office" designation. "Restricted Commercial": Areas designated as "Restricted Commercial' allow residen- tial uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential' subject to the same limiting conditions; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, res- taurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. 12344 n The Planning and Zoning Department is recommending APPROVAL of the application as presented based on the following findings: • It is found that immediately adjacent to the north of the subject property there is an area designated "SD -b". • It is found that the change to "Restricted Commercial' is a logical extension of that category and will allow greater flexibility in developing the property in a manner that will be beneficial to the surrounding area. • It is found that the change will allow more options for development opportunities in the City. • It is found that this change is positive and will not impose an adverse effect on the adjacent properties. These findings support the position that the existing land use pattern in this neighborhood should be changed. 2 43`4 FINE'AP I MUSEUM W FL°(,I FR ST VT I I DO wNT owN SW 3 ST Zi k �� PA LS f W LL CE r U) i I P A CEWTRAL t o BUSINESS „. DISTDISTRICT ',_ DISTRIBUI-ro SW 3 ST 12344 3 `h f nak�"sz 12344 RESOLUTION PAB - 02-03 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 122,130 AND 132 SOUTHWEST 2ND STREET, 201 SOUTHWEST 2ND AVENUE, AND 251, 259 AND 265 SOUTHWEST 1sT COURT, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL". HEARING DATE: January 15, 2003 ITEM NO.: 3 VOTE: 5-0 ATTEST. elabert-Sanch z, Di or Planning and Zoning Department 12344