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HomeMy WebLinkAboutO-12070J-00-859 5/24/01 0 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE.FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 730, 742, 750, 762, 768, 774, 780, 786, 792, 796, 800, 900 AND 950 NORTHWEST 36TH STREET; 3400, 3408, 3414, 3430, 3440, 3454 AND 3516 NORTHWEST 7TH AVENUE; 3541 NORTHWEST 9TH COURT AND 3590 NORTHWEST 10TH AVENUE 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 September 20, 2000, Item No. 5, following an advertised hearing, adopted Resolution No. PAD 47-00, by a six to zero (6 - 0) vote, thus constituting a RECOMMENDATION OF 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 of Miami 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 1 7 LN 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: Section 1_. The recitals and findings contained in the Preamble to this Ordinance are hereby 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 designations from "General Commercial" to "Restricted Commercial", for the properties located at approximately 730, 742, 750, 762, 768, 774, 780, 786, 792, 796, 800, 900 and 950 Northwest 36th Street; 3400, 3408, 3414, 3430, 3440, 3454 and 3516 Northwest 7th Avenue; 3541 Northwest 9th Court and 3590 Northwest 10th Avenue, Miami, Florida, more particularly described on "Composite Exhibit A", attached hereto and made a part hereof. Section 3. It is found that this Comprehensive Plan designation change: a. is necessary due to the inconsistencies between the Future Land Use Map of the Miami Neighborhood Comprehensive Plan and the Official Zoning Atlas of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami; b. is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000; Page 2 of 4 : �:.�0, 7� • 9 C. the subject properties are a part of a well established commercial corridor located adjacent to City of Miami Moore Park; d. is consistent with the established land use pattern; e. is positive and will not impose a threat to the adjacent public park. Section 4. The City Manager is directed to instruct the Director of the Department of Planning and Zoning 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; 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. Page 3 of 4 12070 Section 7. This Ordinance shall become effective thirty one (31) days after final reading and adoption thereof pursuant and subject to §163.3187 (3) (c) , Fla. Stat. (2000).'/ PASSED ON FIRST READING BY TITLE ONLY this 26th day of April 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 24th day of May , 2001. JOE CAROLLO, MAYOR In accordance withilVi! r�i ,,odu Sec.. 2-3c, 0--ce the M�'b°{2r Qin f60t irl�iMc'S- c'��!?rn1'�'1 01 ° �;:c. ;1�:'rii gJ;,' .e 'F`dE�t� s�i� iuf,:a4'.:. � �•:J this ieu+°!a. ion by signing c:in trtie d `, � beccrnss effective with the ela�s� C, __. regarding varve, without the Maycr�.cerc' in .0 ATTEST: VVa@ter ° , V ty Clerk WALTER J. FOEMAN CITY CLERK APP LIED., TO RM AND CORRECTNESS: EJANDRO VILARELLO CITY ATTORNEY W947%- ldp:dd 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 4 of 4 1.2U-0 L_J Property Address/Proposed Change Legal Description "Composite Exhibit A" Page 1 of 3 7 730 Northwest 36t Street Lots 1-2-4-5 & 6 Less North 2 Feet From "General Commercial" To "Restricted & Less East 10 Feet of Lots 1 & 2 Commercial" for Right of Way, Eden Park, Plat Book 7, Page 29 of the Public Records of Miami -Dade County, Florida. 742 Northwest 36t Street Lot 7 Less North 2 Feet, Eden Park, From "General Commercial" To "Restricted Plat Book 7, Page 29 of the Public Commercial" Records of Miami -Dade County, Florida. 750 Northwest 36` Street Lot 8, Eden Park, Plat Book 7, Page From "General Commercial" To "Restricted 29 of the Public Records of Miami - Commercial" Dade County, Florida. 762 Northwest 36'h Street Lot 10, Eden Park, Plat Book 7, From "General Commercial" To "Restricted Page 29 of the Public Records of Commercial" Miami -Dade County, Florida. 768 Northwest 36` Street Lot 11, Eden Park, Plat Book 7, From "General Commercial" To "Restricted Page 29 of the Public Records of Commercial" Miami -Dade County, Florida. 774 Northwest 36t Street Lot 12, Eden Park, Plat Book 7, From "General Commercial" To "Restricted Page 29 of the Public Records of Commercial" Miami -Dade County, Florida. 780 Northwest 36t Street Lot 13, Eden Park, Plat Book 7, From "General Commercial" To "Restricted Page 29 of the Public Records of Commercial" Miami -Dade County, Florida. 786 Northwest 36 Ih Street Lot 14, Eden Park, Plat Book 7, From "General Commercial" To "Restricted Page 29 of the Public Records of Commercial" Miami -Dade County, Florida. 792 Northwest 36 Ih Street Lot 15, Eden Park, Plat Book 7, From "General Commercial" To "Restricted Page 29 of the Public Records of Commercial" Miami -Dade County, Florida. 796 Northwest 36t Street Lot 16, Eden Park, Plat Book 7, From "General Commercial" To "Restricted Page 29 of the Public Records of Commercial" Miami -Dade County, Florida. 800 Northwest 36 Ih Street Lot 9 & 10 Less Extension area of From "General Commercial" To "Restricted Curve in Northeast Corner, Buena Commercial" Vista Park, Plat Book 4, Page 170 of the Public Records of Miami - Dade County, Florida. "Composite Exhibit A" Page 1 of 3 7 C� J Property Address/Proposed Change Legal Description "Composite Exhibit A" Page 2 of 3 900 Northwest 36t Street Lots 9 & 10 Less North 10 Feet & From "General Commercial" To "Restricted Less East 5 Feet & Lot 11 Less Commercial" West 5 Feet & Less Ext Area of Curve in Northwest Corner & Lot 12 Less West 5 Feet, Block 2, Buena Vista Park, Plat Book 4, Page 170 of the Public Records of Miami -Dade County, Florida. 950 Northwest 36t Street Lot 11 Less West 5 Feet & Less From "General Commercial" To "Restricted Extension area of Curve in Commercial" Northwest corner for Right of Way, Block 2, Buena Vista Park, Plat Book 4, Page 170 of the Public Records of Miami -Dade County, Florida. 3400 Northwest 7t Avenue Lot 19 Less East 7.5 Feet, Block 1, From "General Commercial" To "Restricted Suwannee Park, Plat Book 12, Page Commercial" 69 of the Public Records of Miami - Dade County, Florida. 3408 Northwest 7t Avenue Lot 18 & South 2 Inches of Lot 17 From "General Commercial" To "Restricted Less East7.5Feet, Block 1, Commercial" Suwannee Park, Plat Book 12, Page 69 of the Public Records of Miami - Dade County, Florida. 3414 Northwest 7t Avenue Lot 17 Less South 2 Inches & Less From "General Commercial" To "Restricted East 7.5 Feet, Block 1, Suwannee Commercial" Park, Plat Book 12, Page 69 of the Public Records of Miami -Dade County, Florida. 3430 Northwest 7t Avenue Lot 16 Less East 7.5 Feet, Block 1, From "General Commercial' To "Restricted Suwannee Park, Plat Book 12, Page Commercial' 69 of the Public Records of Miami - Dade County, Florida. 3440 Northwest 7` Avenue Lot 15 Less East 7.5 Feet, Block 1, From "General Commercial' To "Restricted Suwannee Park, Plat Book 12, Page Commercial' 69 of the Public Records of Miami - Dade County, Florida. 3454 Northwest 7t Avenue East 7 Feet of North 54 Feet of Lot From "General Commercial' To "Restricted 13 & Lot 14 Less East 7.5 Feet & Commercial' North 7.5 Feet, Block 1, Suwannee Park, Plat Book 12, Page 69 of the Public Records of Miami -Dade County, Florida. "Composite Exhibit A" Page 2 of 3 9 Property Address/Proposed Change Legal Description 0 "Composite Exhibit A" Page 3 of 3 3516 Northwest 7 1h Avenue From "General Commercial" To "Restricted Commercial" Lot 3 & Lots 29-32 Inclusive, Eden Park, Plat Book 7, Page 29 of the Public Records of Miami -Dade County, Florida. 3541 Northwest 9t Court Lot 12 Less West 5 Feet for Right From "General Commercial" To "Restricted of Way, Block 2, Buena Vista Park, Commercial" Plat Book 4, Page 170 of the Public Records of Miami -Dade County, Florida. 3590 Northwest 10th Avenue Lot 8 Less West 15 Feet & Lots 9 From "General Commercial" To "Restricted & 10 Less West 15 Feet & East 5 Commercial" Feet, Block 3, Buena Vista Park, Plat Book 4, Page 170 of the Public Records of Miami -Dade County, Florida. "Composite Exhibit A" Page 3 of 3 :7 PLANNING FACT SHEET Pz- 11 • SECOND READING APPLICANT City of Miami Planning and Zoning Department HEARING DATE September 20, 2000. REQUEST/LOCATION Amendment to the Miami Comprehensive Neighborhood Plan1989-2000 LEGAL DESCRIPTION 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 730, 742, 750, 762, 768, 774, 780, 786, 792, 796, 800, 900 and 950 NW 36th Street; 3400, 3408, 3414, 3430, 3440, 3454 and 3516 NW 7th Avenue, from "General Commercial' to "Restricted Commercial'. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. See attached. PLANNING ADVISORY BOARD: Approval VOTE: 6-0 CITY COMMISSION Passed First Reading on April 26, 2001. APPLICATION NUMBER 00-039 Item #5 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 3/20/2001 Page 1 12070 ANALYSIS FOR LAND USE CHANGE REQUEST APPROXIMATELY: (SEE ADDRESSES LISTED BELOW) CASE NO: 00-14 These proposed amendments are a part of the second round of the clean-up and update to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. 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 been reviewed 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: 12070 Property Address Existing Designation Recommendation Parcel Acreage 730 NW 36`h Street "General Commercial' "Restricted Commercial' .69 742 NW 36th Street "General Commercial' "Restricted Commercial' .15 750 NW 36`h Street "General Commercial' "Restricted Commercial' .15 762 NW 36th Street "General Commercial' "Restricted Commercial' .15 768 NW 36`h Street "General Commercial' "Restricted Commercial' .15 774 NW 36th Street "General Commercial' "Restricted Commercial' .15 780 NW 36`h Street "General Commercial' "Restricted Commercial' .15 786 NW 30h Street "General Commercial' "Restricted Commercial' .15 792 NW 36`h Street "General Commercial' "Restricted Commercial' .15 796 NW 36`h Street "General Commercial' "Restricted Commercial' .15 800 NW 36`h Street "General Commercial' "Restricted Commercial' .27 900 NW 36`h Street "General Commercial' "Restricted Commercial' .52 950 NW 36th Street "General Commercial' "Restricted Commercial' .11 3400 NW 7`h Avenue "General Commercial' "Restricted Commercial' .13 3408 NW 7th Avenue "General Commercial' "Restricted Commercial' .11 3414 NW 7`h Avenue "General Commercial' "Restricted Commercial' .11 12070 • The Planning and Zoning (Department is recommending approval of this amendment as presented based on 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 isfound that the subject properties are located adjacent to a public City of Miami. Park, Moore Park. o 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. 1207®. Property Address, Existing Designation Recommendation Parcel Acreage 3430 NW 7`h Avenue "General Commercial" "Restricted Commercial"' .11 3440 NW 7`s Avenue "General Commercial" "Restricted, Commercial".. l l 3454 NW 7`h Avenue "General Commercial" "Restricted Commercial" 14 35.16 NW 71d'Avenue "General Commercial" "Restricted "Commercial" .62 3541 NW 9h Court "General Commercial" "Restricted Commercial" .1.4 3590 NW 10`s Avenue "General Commercial" "Restricted Commercial" .34 Total Parcel Acreage 4.75 The Planning and Zoning (Department is recommending approval of this amendment as presented based on 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 isfound that the subject properties are located adjacent to a public City of Miami. Park, Moore Park. o 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. 1207®. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 00-14 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 08/29/00 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION I CONCURRENCY ANALYSIS I Applicant: City of Miami Planning & Zoning Dept. Address: 730-950 NW 36 St. and 3400-3516 NW 7 Ave. and 3541 NW 9 Ct. and 3590 NW 10 Ave. Boundary Streets: North: NW 36 St. East: NW 7 Ave. South: West: NW 10 Ave. Proposed Change: From: General Commercial To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 4.75 acres @ 150 DU/acre 713 Peak Hour Person -Trip Generation, Residential 357 Other 0 sq.fL@ 0 FAR 0 Peak Hour Person -Trip Generation, Other 0 Proposed Designation, Maximum Land Use Intensity Residential 4.75 acres @ 150 DU/acre 713 Peak Hour Person -Trip Generation, Residential 357 Other 0 sq.ft.@ 0 FAR 0 Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District Wynwood/Edgewater County Wastewater Collection Zone 322 Drainage Subcatchment Basin A2 Solid Waste Collection Route 12 Transportation Corridor Name Civic Center RELEVANT MCNP GOALS, OBJECTIVES, AND POI Land Use Policy 1.1.1 CIE Policy 1.2.3 NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known CM-1—IN 03/1 RECREATION AND OPEN SPACE Population Increment, Residents 0 Space Requirement, acres 0.00 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.80 Concurrency Checkoff OK POTABLE WATER TRANSMISSION DU's Population Increment, Residents 0 Transmission Requirement, gpd 0 sq.ft. Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK DU's I SANITARY SEWER TRANSMISSION SOLID WASTE COLLECTION Population Increment, Residents 0 sq.ft. Transmission Requirement, gpd 0 Solid Waste Generation, tons/year Excess Capacity Before Change See Note 1. Excess Capacity Before Change Excess Capacity After Change See Note 1. Excess Capacity After Change Concurrency Checkoff WASH Permit Required Concurrency Checkoff STORM SEWER CAPACITY Exfiltration System Before Change On-site Exfiltration System After Change On-site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 0 Solid Waste Generation, tons/year 0 Excess Capacity Before Change 500 Excess Capacity After Change 500 Concurrency Checkoff OK TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change A LOS After Change A Concurrency Checkoff OK ASSUMPTIONS AND COMMENTS Poputabort 'increment is assumed to be all new residents. Peak -period trip 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 frau Table PT-2(Rt ), Transportation Comdors report. Potable water and wastewater transmission tapacifies are in accordance with Metro -Dade County stated capacities and are assumed comeM Service connections to water and sewer mains are assumed to be of adequate size, d not, new connections are to be installed at owners expense. Recreabon/Open Space acreage requeemems are assumed with proposed change made. 12070 • RESOLUTION PAB -47-00 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 730, 742, 750, 762, 768, 774, 780, 786, 792, 796, 800, 900 AND 950 NW 36TH STREET, AND 3400, 3408, 3414, 3430, 3440, 3454 AND 3516 NW 7n' AVENUE FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL". HEARING DATE: September 20, 2000 ITEM NO.: 5 VOTE: 6-0 ATTEST,. Aria Gelabert-Sanchez, Di 'cto Planning and Zoning Department 12070 �a� w 110