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HomeMy WebLinkAboutO-12151J-01-585 7/11/01 ORDINANCE NO. 12151 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 APPROXIMATELY AT 2660 SOUTHWEST 17TH STREET, 2616 AND 2695 SOUTHWEST 18TH STREET, 1835 SOUTHWEST 25th AVENUE, and 1813, 1821, 1831, 1835 and 1839 SOUTHWEST 27th AVENUE, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. 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 approximately at: 2660 Southwest 17th Street, 2616 and 2695 Southwest 18th Street, 1835 Southwest 25th Avenue, and 1813, 1821, 1831, 1835 and 1839 Southwest 27th Avenue, Miami, Florida, more particularly described as Lots 11 to 16, Block 15, and Lots 11 to 16, Block 16, GRAPELAND REVISED SUBDIVISION of the Public Records of Miami -Dade County, Florida. 12151 Section 2. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect having changes more than 60 acres through the use of "Small Scale development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve month; (e) the proposed amendment does not involve a text change to goals, policies and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site- specific development; and (f) is one which is not located within an area of critical state concern. Page 2 of 4 15 Section 3. 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; 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 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. 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 6. 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. (2001) .11 :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. It 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 12 15 1 PASSED ON FIRST READING BY TITLE ONLY this 25th day of September 1 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this — 25th day of October 1 2001. JOE CAROLLO, MAYOR In actomlance with rr,,,'s Sec. 2-,'36, since the Mayor did not IncHcate approi,M r of 's 4?( latbn by sign;it in the PlaCe providfid, said leqia!Z�T :S t,"- L)"c�""!`s Of'Octivs wiihthe Oj�sc of, tein (101 fr h.4daiaofCoammas' ga rerdinm g Sae, without the Mciyor plxprcih'g a 12 ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED Of' 109 . MM:ldp : BSS CTNESS : t.. - Page 4 of 4 Wal!ar 12151. PZ -6 SECOND READING PLANNING FACT SHEET APPLICANT City of Miami Planning and Zoning Department HEARING DATE September 12, 2001 REQUESTILOCATION Approximately 2660 SW 17th Street, 2626 and 2695 SW 18 Street and 1813, 1821, 1831, 1835 and 1839 SW 27"' Avenue. LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office. PETITION Consideration of amending 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 2660 SW 17th Street, 2626 and 2695 SW le Street and 1813, 1821, 1831, 1835 and 1839 SW 27"' Avenue from "Office" to "Restricted Commercial". PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. See attached. PLANNING ADVISORY BOARD Denial VOTE: 4-4 CITY COMMISSION Passed First Reading on September 25, 2001. APPLICATION NUMBER 01-031 Item #4 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 9/5/2001 Page 12151 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately: 2660 SW 17th Street; 2626 and 2695 SW 18th Street; and 1813, 1821, 1831, 1835 and 1839 SW 27th Avenue AaDlication No. LU - 01-10 DISCUSSION This 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 several lots fronting SW 27,' Avenue, generally between SW 17th and SW 19th Streets. 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"; the proposed change is to "Restricted Commercial" and the same designation is to the north and northwest; to the south and southwest, the designation is "Office"; to the east, there is a "Duplex Residential" designation and, to the west, the designation is "Single Family Residential'. The "Office" land use category allows residential uses to a maximum density equivalent to "High Density Multifamily Residential', 150 dwelling units per acre, subject to the same limiting conditions; transitory residential facilities such as motels and hotels; general office use; clinics and laboratories; and limited commercial activities incidental to principal activities in designated areas. Supporting facilities such as auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools may be allowed with the `Office" designation. The "Restricted Commercial" allow residential uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential', 150 dwelling units per acre, 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, restaurants, 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. 12151 The Planning and Zoning Department has made the following findings: • It is found that the subject properties are currently designated "Office", which limits the ability to locate neighborhood scale retail and service uses which are required to sustain the residential development in the area. • It is found that there is insufficient property designated "Restricted Commercial' in the immediate area to sustain the necessary retail and service uses for the amount of residential units in the immediate area. • It is found that the change to "Restricted Commercial" is a logical extension of the commercial designation located just to the north and northwest and will allow for new retail and services uses along SW 27h Avenue, a major arterial roadway. • It is found that the proposed designation is consistent with the intent of the immediately adjacent primarily residential neighborhood, in order to allow sufficient retail and services, and will not have an adverse effect on the said area. Based on these findings, the Department of Planning and Zoning is recommend- ing approval of the requested Amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. 2 RESOLUTION PAB -73-01 A RESOLUTION RECOMMENDING DENIAL 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 2660 SW 17"' STREET, 2626 AND 2695 SW 18TH STREET, AND 1813, 1821, 1831, 1835 AND 1839 SW 27TH AVENUE FROM "OFFICE" TO "RESTRICTED COMMERCIAL". HEARING DATE: September 12, 2001 ITEM NO. 4 VOTE: 4-4 ATTEST: AiMeiabefi-Sifichez, 1111rector Planning and Zoning Department 12151 >! &L 114 1 !=,` Cj -j 7 I L i I !--1 SW 16 ST OTFICO"S S - W . 2 - 1 ...- s - iftESIVENTIAL-. TO: FROM: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Walter Foeman City Clerk i een Damaso Chief of Staff to Commissioner Sanchez DATE October 26, 2001 SUBJECT: Jennings Rule REFERENCES: ENCLOSURES: FILE : I am forwarding correspondence received by Commissioner Joe Sanchez through electronic mail and not viewed by Commissioner Joe Sanchez regarding the change from Office to Restricted Commercial on the east side of 27th avenue between 17th and 19th Street. Cc: Alejandro Vilarello, City Attorney 12151 Page 1 of 2 Sanchez, Joe From: J.E.Roiz Deroiz@bellsouth.net] Sent: Monday, September 24, 2001 12:28 AM To: Dear Friends Subject: Planning Report #8 Hello Folks, We had two PAB meetings this month. I will comment on a couple of issues where there was some disagreement. The other ones are not fun. a) The petition for a change from Office to Restricted Commercial on the east side of 27th Ave between 17th and 19th Streets, came back before the Board. The petition failed, again, because of a tied vote. This time I was able to persuade one of the four "regular negative votes". This issue had already gone before the City Commission, but it had to be sent back to us because there was an incorrect address listed. Perhaps you have seen this area of SW 27th Ave between 17 -19th Street. In addition to the school and the large apartment building there are several old homes converted to office. The owners of one of those offices was present at the hearing. They were hoping the item will be approved but they did not speak due to their poor command of the English language. The argument of the board members in opposition to the change was as follows: "The duplex area east of 27th Ave is a good area that is coming back, therefore we should not place commerce adjacent to those houses." My argument, in support of the Department's petition: "The fact that area "is nice" does not mean that they do not need services. If we place commerce only in bad areas, then the residents from the good areas will have to go to the bad areas for services." I was critical of the Board by saying: It looks like this board is planning for a suburban area, not a high-density urban area. Those residents are not going to walk to Coral Way, they will have to drive their cars to get services, instead of having services at a walking distance. b) There is a newly proposed 471 unit, low rise, apartment complex proposed for east of Biscayne Blvd. between 19th and 20th Street. This site would allow more than 2000 units. This is a great under -utilization of the land. I love the fact that someone is finally going to build that area, which has been abandoned for more than thirty years. Even though I like the project, I was the single vote against it because they are, only, dedicating a 50 ft Right of Way, I wanted to raise a point for the Commission. North Bayshore Drive does not exist at that point. For the developer to be able to get the construction permit he has to dedicate the land to the city and create the street. This is my point: North Bayshore Drive, directly south of the project, is at least 70 ft wide. I have to check this. As far as I understand it, these apartment buildings will only have a 5 ft setback from the street. Right at that point Biscayne Bay has a large inlet. If they dedicate only 50 ft, the apartment buildings will be at 55 ft from the water. This is very good for them, but not so good for the citizens of Miami. I believe the City of Miami should build a public marina in that bay inlet, if possible. If so, the marina users will need space for diagonal parking in the street. You can not have, diagonal, public parking for a marina 10/25/2001 12151 Page 2 of 2 in a 50 ft street... it must be at least 70 feet, similar to the existing width of the street south of that point. That area in front of the bay should be a wide boulevard, a "Malecbn", for everybody's benefit. This is another case in which the City of Miami is giving away the water front to a group of individuals contrary to the interest of the citizens.... The same old poor planning. This reminds me of Xavier Suarez' plan for the Marlins Stadium (See his Project Gallery tab at: " http://www.xaviersuarez2001.com/ ". This does not mean that I like a stadium any where near the bay (near the bay we should have only sail boats) but it is an extremely interesting concept. My next step is to find out if a marina can be built at that point and prepare the information for the City Commission's meeting next month. I would hope to stimulate the interest of some of the Edgewater area residents (the Rodriguez), and see if they want to help me with this. Next time I will come back to the proposed Neighborhood "Control" Districts. Regards Jesus bcc: for privacy 10/25/2001 12151