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Home My WebLink AboutO-12042J-01-196 2/28/01 ORDINANCE NO . . -12042 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3541 NORTHWEST 9TH COURT AND 3590 NORTHWEST 10TH AVENUE, MIAMI FLORIDA, FROM "GENERAL COMMERCIAL"- 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 Planning Advisory Board, at its meeting of January 31, 2001, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 10-01, by a vote of seven to zero (7- 0), RECOMMENDING APPROVAL of an amendment to the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, 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 grant this Comprehensive Plan change as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: _. 12042 • 0 Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein 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 hereby amended by changing the land use designation from "General Commercial" to "Restricted Commercial" for the properties located at approximately 3541 Northwest 9th Court and 3590 Northwest 10th Avenue, Miami, Florida, more particularly described as Lot 12 Less West 5 Feet for Right of Way, Block 2, BUENA VISTA PARK (4-170), Lots 9 & 10 Less West 15 Feet & East 5 Feet, Block 3, BUENA VISTA PARK SUBDIVISION (4-170) of the Public Records of Miami -Dade County, Florida. Section 3. It is hereby found that this Comprehensive Plan designation change: (a) is necessary due to inconsistencies between the Future Land Use Map of the Miami Comprehensive Plan 1989-2000 and the Zoning Atlas of Zoning Ordinance 11000; (b) is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000; Page 2 of 4 12 0 4 2 (c) is consistent with the established land use pattern; (d) is positive and will not impose an adverse effect on the adjacent commercially zoned properties. Section 4. The City Manager is hereby directed to instruct the Director of the Planning and Zoning Department to immediately transmit a certified copy of this Ordinance and the public notice published 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 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 hereby 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. Page 3 of 4 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. (2000).'/ PASSED ON FIRST READING BY TITLE ONLY this 29th day of March 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of April , 2001. JOE CAROLLO, MAYOR v tiMiami Cede Sec. 2 W, since the 15% � Mayor did not Indicate approval of 'fi n" by signing it 6n the designated pla provided, said legisk;t ^ row bumm eft+$ i the elapse of (14) days o the da ATTEST: mis&fott a4 sante• wow ft Mayor e WALTER J. FOEMAN UVMr J. FO Cjq CITY CLERK _ rITJA��V RELLO Y�RN, EY'A W1023.1 - dp AND CORRECTNESS: i� 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 4 of 4 0 42 APPLICANT HEARING DATE REQUESTILOCATION LEGAL DESCRIPTION PZ -18 SECOND READING PLANNING FACT SHEET City of Miami Planning and Zoning Department January 31, 2001. Amendment to the Miami Comprehensive Neighborhood Plan 1989-2000 Complete legal description on file at the Hearing Boards Office. PETITION Consideration of Amending the Miami Comprehensive Neighborhood Plan by Amending the Future Land Use Map for the properties located at 3541 NW 9'" Court and 3590 NW 10'" Avenue from "General ' Commercial" to "Restricted Commercial". PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. See attached. PLANNING ADVISORY BOARD Approval VOTE: 7-0 CITY COMMISSION Passed First Reading on March 29, 2001. APPLICATION NUMBER 00-055 Item #1 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2NO AVENUE, 3"" FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 1/24/01 Page 1 041 APPROXIMATELY: (SEE ADDRESSES LISTED BELOW) CASE NO: 00-16 The proposed amendments are a part of the third round of the clean-up and update to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. 1989-2000. This clean-up was initiated to provide consistency between the Future Land Use Map and the current Zoning Atlas of Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida These proposals have beenreviewed for changes to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000, from existing land use designations of "General Commercial" to "Restricted Commercial". The subject proposal is to amend the Future Land Use Map of the Miami Comprehensive Neighborhood Plan Map designation to the properties listed below: The Planning and Zoning Department has made the following findings: • It is found that this Comprehensive Plan designation change is necessary due to inconsistencies between the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 and the current Zoning Atlas of Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. • It is found that there is a variety of uses on the properties listed above, there is a church, gas station, offices, residential and etc. • It is found that the subject properties are located adjacent to a public City of Miami Park, Moore Park. • The proposed land use designation of "Restricted Commercial' is compatible with the current use of the subject properties. • It is found that this Comprehensive Plan designation change is in conformity with the adopted Miami Comprehensive Neighborhood Plan. • It is found that the area as a whole is being utilized primarily as "Restricted Commercial', therefore the proposed change is consistent with the intent of the subject area. • It is found that the subject change is positive and will not impose an adverse effect on the adjacent commercial zoned properties. . Based on these findings, the Department of Planning and Zoning is recommending approval of the requested Amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. 120 4 3541 NW 9h Court "General Commercial" "Restricted Commercial" 14 3590 NW 10th Avenue "General Commercial" "Restricted Commercial' .34 Total Parcel Acreage .48 The Planning and Zoning Department has made the following findings: • It is found that this Comprehensive Plan designation change is necessary due to inconsistencies between the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 and the current Zoning Atlas of Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. • It is found that there is a variety of uses on the properties listed above, there is a church, gas station, offices, residential and etc. • It is found that the subject properties are located adjacent to a public City of Miami Park, Moore Park. • The proposed land use designation of "Restricted Commercial' is compatible with the current use of the subject properties. • It is found that this Comprehensive Plan designation change is in conformity with the adopted Miami Comprehensive Neighborhood Plan. • It is found that the area as a whole is being utilized primarily as "Restricted Commercial', therefore the proposed change is consistent with the intent of the subject area. • It is found that the subject change is positive and will not impose an adverse effect on the adjacent commercial zoned properties. . Based on these findings, the Department of Planning and Zoning is recommending approval of the requested Amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. 120 4 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT* Proposal No00-16 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 10/12/00. WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS . Applicant: Cit of Miami Planning & Zoning Dept. RECREATION AND OPEN SPACE I Address:3541 NW 9 Ct. and 3590 NW 10 Ave. Population Increment; Residents 0 SpaceRequirement, acres 0.00 Boundary Streets: North: East: Excess Capacity Before Change 182,80 South: West: Excess Capacity After Change 182.80. Proposed Change: From: General Commercial ConcurrencylCheckoff OK To: Restricted Commercial POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Intensity Residential 0.48 acres @ 150 DU/acre 72 DU's Population Increment, Residents 0 Peak Hour Person -Trip Generation, Residential 36 Transmission Requirement, gpd 0 Other 0, sq.ft:@ 0 FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other 0 Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.48 acres @ 150 DU/acre 72 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 36 Population Increment, Residents 0 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Transmission Requirement, gpd 0 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net. Increment With Proposed Changer Concurrency Checkoff WASA Permit Required Population 01 Dwelling Units 0 STORM SEWER CAPACITY Peak Hour Person -Trips 0 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Allapattah Concurrency Checkoff OK County Wastewater Collection Zone 322 Drainage Subcatchment Basin E2 SOLID WASTE COLLECTION Solid Waste Collection Route 12 Population Increment, Residents 0 Transportation Corridor Name Civic Center Solid Waste Generation, tons/year 0 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After'Change 500 Concurrency Checkoff OK Land Use Policy 1.1.1 TRAFFIC CIRCULATION CIE Policy 1.2.3 Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change A LOS After.Change A I Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary sewer connection must be issued by Population increment is assumed to be all new residents. Peak -period trip Metro -Dade Water and Sewer Authority Department (WASA), Excess capacity, if any, is currently not known generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT -2(R1). Transportation Condors report. Potable water and wastewater transmission capacities are m accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are' assumed with proposed - - - change made. ... CM 1. IN 03113/9 RESOLUTION PAB -10-01 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION TO AMEND ORDINANCE 10544, AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3541 NORTHWEST 9TH COURT AND 3590 NORTHWEST 10TH AVENUE FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL". HEARING DATE: January 31, 2001 ITEM NO.: 1 VOTE: 7-0 ATTEST: ' W' elabe - A&hez, Director Planning and Zoning Department I r SINGLE .2 FAMILY i RESIDENTIAL i DUPLEX i RESIDENTIAL 3 IT `- Ili i 7i I _ DUPLEX RESIDENTIAL d i i I i I GENERAL T COMMERCIAL t: i I I I I >. I i 33 ST. I � j I N. W. D C DUPLEX RESIDENTIAL I / J2 3T MA.JaA r- PVeLIc r --w.- FAC7LfrY _ I i N " PARKS A RECREATION MAroR PueLlc FACILITY MAJOR PUBLIC FACILITY MEDIUM DENSITY RESIDENTIAL LIIIIIIiI Q 34 ICTED ERCIAL I ' 3ENClE FAMaLY Ii I I i I RESIDENTIAL I j�l ji i t I, i I i I gio T. I MAJOR PUBLIC FACILITY N GENERAL COMMERCIAL i INDUSTRIAL 11 I T. I i i r i 12042 It! alulrr vsmr wDemnu a lll;-