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HomeMy WebLinkAboutO-11961J-00-630 7/13/00 - ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, BY AMENDING THE TEXT OF THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT TO AMEND POLICY LU -1.1.11 TO EXCLUDE FROM URBAN INFILL AREA DESIGNATION THE FOLLOWING AREAS OF THE CITY OF MIAMI: VIRGINIA KEY, WATSON ISLAND, AND THE UNINHABITED ISLANDS OF BISCAYNE BAY THAT HAVE A "CONSERVATION" LAND USE AND ZONING CLASSIFICATION; DIRECTING THE TRANSMITTAL' OF THIS ORDINANCE TO AFFECTED AGENCY(S); CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. .WHEREAS, the City Commission adopted Ordinance No. 10544, the Miami Comprehensive Neighborhood Plan 1989-2000 ("MCNP"), on February 9, 1989, pursuant to provisions contained in Chapter 163, Part II, Florida Statutes; and WHEREAS, the City Commission adopted Ordinance No. -11864 on November 16, 1999, for the designation of an Urban Infill Area encompassing all of the City of Miami, pursuant to provisions contained Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code ("FAC'); and A, I T o 4f ? WHEREAS, subsequent to its review of the amendment, the State of Florida Department of Community Affairs noted that designating "islands, particularly Virginia Key, as an Urban Infill Area is not in compliance with the statutory intent and definition of Urban Infill"; and WHEREAS, the Miami Planning Advisory Board, at its meeting of July 5, 2000, Item No. 7, following an advertised hearing, adopted Resolution No. PAB 42-00 by a vote of 7-0, RECOMMENDING APPROVAL of the.proposed amendment to Ordinance No. 10544; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest and 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: 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. Page 2 of 5 11961 Section 2. Ordinance No. 10544, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended as follows:!' "ORDINANCE NO. 10544 Goals, Objectives, Policies Future Land Use Policy LU -1.1.11: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay that have a land use and zoning classification of Conservation, as shown on "Attachment A," as an Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area; the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, and the redevelopment of. substandard sites. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards set forth in Policies TR -1.1.2 . and TR 1.1.3 of the Transportation Element of the MCNP. 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and, remain unchanged. Asterisks indicate omitted and unchanged material. Page 3 of 5 IH6 Section 3. The City Manager is hereby directed to instruct the Director of Planning and Development to transmit a copy of this Ordinance, immediately upon approval on First Reading, to the Secretary, Florida Department of Community Affairs, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100, for review and comment as provided by Chapter 163 F.S. and Rule 9J-5 F.A.C. Section 4. All ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section S. 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 forty- five (45) days after final reading and adoption thereof." Jul PASSED ON FIRST READING BY TITLE ONLY this 27th day of , 2000. 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 5 ����1 0 1 0 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of September r 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate app'roval of this legislation by signing it in the designated place pnov�d,,�;A said ow becomes effective with the elapse of ten '(10) delrorn the. duty of cc-nlm;-�":on Gto. regarding same, without the Mayor rl-,X^t e ATTEST: W 9,F -i �-'- V1,alt, Md -9= WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: , al `L JANFRO VILARLO CCT C TY ATTORNEY W912:GMM:JEM:BSS:hb Page 5 of 5 111 RICKENBACKER WAMMMMNW- CAUSEWAY 2 BISCAYNE BAY . � VIRA KEY -Islands shown in solid black are excluded from Urban Infill Area. 1901 PZ -2 0 SECOND READING PLANNING FACT SHEET APPLICANT City of Miami Planning and Zoning Department HEARING DATE July 5, 2000 REQUEST/LOCATION Consideration of amending the Goals, Objectives and Policies of the Miami Comprehensive Neighborhood Plan. LEGAL DESCRIPTION N/A PETITION Consideration of amending Ordinance 10544 as amended, the City of Miami Comprehensive Neighborhood Plan, by amending the Goals, Objectives and Policies of the Future Land Use Element in order to amend Policy LU -1.1.11 to except Virginia Key, Watson Island, and the uninhabited islands of Biscayne Bay that have a land use and zoning classification of Conservation from the City's Urban Infill Area. Please see map for location of islands to be excluded. PLANNING Approval. RECOMMENDATION BACKGROUND AND Please see attached analysis. ANALYSIS PLANNING ADVISORY BOARD Approval VOTE: 7-0 CITY COMMISSION Passed First Reading on July 27, 2000. APPLICATION NUMBER 2000-042 Item #7 Date: CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 1 .. 11.961 kill • C PROPOSED AMENDMENT MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN City of Miami Planning Advisory Board July 5, 2000 BACKGROUND AND ANALYSIS In November 1999, the City Commission adopted on second reading an amendment to the Miami Comprehensive Neighborhood Plan Future Land Use Element designating a citywide Urban Infill Area. Subsequent to its review of the amendment, the Department of Community Affairs recommended that the islands of Biscayne Bay be excepted from the area, stating that designating "islands, particularly Virginia Key, as an Urban Infill Area is not in compliance with the statutory intent and definition of urban infill." City staff has no objections to complying with this recommendation. 11961 0 RESOLUTION PAS -42-00 A RESOLUTION .RECOMMENDING APPROVAL OF A CONSIDERATION TO AMEND ORDINANCE 10544, AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE FUTURE LAND USE ELEMENT IN ORDER TO AMEND POLICY LLT -1.1.11 TO EXCEPT THE ISLANDS OF VIRGINIA KEY, WATSON ISLAND AND THE. LN, -INHABITED ISLANDS OF BISCAYNE BAY THAT HAVE A LAND USE AND ZONING CLASSIFICATION OF CONSERVATION FROM THE CITY'S URBAN INFILL AREA. HEARING DATE: July 5, 2000 ITEM NO.: 7 VOTE: 7-0 ATTEST&� _ Ana 1 rt- chez, Director Pl ng and Boning Department w Q Attachment A Islands. shown in solid black are excluded from Urban Infill Area. 11961 DEPT OF COMM AFFAl Fax=8504883309 ' Jun 00 14:37 P.01 EX19IBi'P B City of Miami Proposed Changes to Comprehensive Plan Objectives and Policies for DCA Settlement Docket No. 99PS1-N0I-1315-(A)-(n(N) A. Future Land Use Future Land Uselement Policy LU -1.1.11 The City hereby adopts designation of the entire City, excluding Virginia Key, Watson Island. and the uninhabited islands of Biscayne Bay which have:a land use and zoning classification of Conservation as shown on Exhibit--??, as an Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. With this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability or residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, and the redevelopment of substandard sites. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards set forth in Policies TR -1.1.2 and TR -4-.-24 1.1.3 (Sarah, I think this is the correct policy) of the Transportation Element of the Miami Comprehensive Neighborhood Plan. post -Ir Fax Note 7671 r1 r MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11961 in the .............XXXXX ...................... Court, ... wig pu�b�lilg i; saldJCteTyaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fir or corpo ny discount, rebate, com- mission or r nd fort urpose f securing this advertise- ment for blicpttA a said ne spaper. 111, &C®R �wgneto p -T. s berii�bed before me ih2000 5 \ L— 0 0 0 .. I. /day of I..]....1../.......... I...... I/, A.D....... . ..r.............%.y...—........ 1 --. .... (SEAL) MARIA I. MESA '�'" Octelma V. Ferbeyr pgr aElg &%�Pi ION A CC 885640 • a,: EXPIRES: March 4 2004 `Pf h Bonded Tftru Notary Public Underwriters C C' CITY OF MIAMI, -FLORIDA,: NOTICE OF PROPOSED ORDINANCES . .1111 interested persons will take notice"that on -the 14th'of September, 2000, the City Commission of Miami, Florida adopted the following titled xdinances: ORDINANCE NO. 11957 AN EMERGENCY ORDINANCE OF THE MIAMICITYCOM- _ MISSION AMENDING ORDINANCE NO. 11332, AS AMEND- ED; ADOPTED JANUARY 25TH, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND -APPROPRIATIONS FOR A SPE- CIAL REVENUE FUND,ENTITLED "GANG RESISTANCE EDU- CATION AND TRAINING" TO. INCREASE APPROPRIATIONS TO.THE FUND IN THE AMOUNT OF $113,125, CONSISTING OF A GRANT FROM THE BUREAU OF ALCOHOL, TOBACCO - AND FIREARMS; AUTHORIZING THE CITY MANAGER TO " ACCEPT THE GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS,, -IN A FORM ACCEPTABLE TO THE CITY AT- TORNEY, FOR'THIS PURPOSE; CONTAINING A REPEALER - PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. 11958 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING -A SPECIAL REVENUE FUND ENTITLED: "AUTO THEFT PREVENTION FUND"; AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 RECEIVED BY THE CITY AS A CONTRIBUTION FROM THE MIAMI-DADE CIRCUIT, AND COUNTY COURTS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY AT- TORNEY, FOR SAID PURPOSES; CONTAINING A•REPEAL- ER PROVISION AND SEVERABILITY CLAUSE. _. ORDINANCE NO. 11959 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A SPECIAL REVENUE FUND•ENTITLED "VIRGINIA KEY NATURE TRAIL DEVELOPMENT FUND"; APPROPRIAT- ING FUNDS FOR.SAID PROJECT IN THE AMOUNT OF $79,873, CONSISTING OF A GRANT APPORTIONED BY THE SOUTH FLORIDA COMMUNITY URBAN RESOURCES'PART- NERSHIP ('SFCURP') FROM_ THE U.S. DEPARTMENT OF AGRICULTURE,, NATURAL RESOURCES=AND CONSERVA- TION SERVICE;.INTHE AMOUNT OF $19,973, AND IN-KIND' MATCHING FUNDS, -IN THE -AMOUNT OF $59,900, FROM THE DEPARTMENT OF PARKS AND RECREATION GENER- AL OPERATING BUDGET; AUTHORIZING THE.CITY MANAG- ER;TO ACCEPT SAID GRANT AND EXECUTE THE, NECES-. SARY DOCUMENT(S), IN A' FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SOUTH FLORIDA COMMUNITY URBAN RESOURCES PARTNERSHIP, ADMINISTRATOR OF SAID GRANT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFEC- TIVE DATE. _ 1 W ORDINANCE OF THE MIAMI CITY COMMISSION AMEND - i ING.CHAPTER 4/ARTICLE I_QE THE,, -CODE QF _THJZY QF MIAMI, ..FLORIDA AS -AMENDED ENTITLED,"ALCOHOLIC BEVERAGES/IN GENERAL " TO ESTABLISH AN EXCEPTION TO DISTANCE LIMITATIONS FOR ESTABLISHMENTS SELL .-1 ING ALCOHOLIC BEVERAGES WITHIN RESIDENTIAL BUILD. INGS CONTAINING IN EXCESS OF 300.DWELLING UNITS WITHIN THE DOWNTOWN AREA; MORE PARTICULARLY BY" AMENDING SECTION 4-1 ; CONTAINING AREPEALER PRO VISION, 'A SEVERABILITY CLAUSE, AND PROVIDING FOR, i AN EFFECTIVE DATE. i I - ORDINANCE.NO.11961 i.. AN. ORDINANCE OF THE MIAMI CiTrC MMMISSION,.WITH Il ATTACHMENT(S), AMENDING ORDINANCE NO. 10544,. AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, BY -AMENDING THE TEXTOFTHE GOALS, OBJECTIVES; AND POLICIES.OF THE FUTURE LAND USE IELEMENT TO AMEND POLICY _ LU -1.1.11 TO EXCLUDE FROM.URBAN INFILL'AREA DESIGNATION THE FOLLOW ING-AREAS OF THE CITY OF MIAMI: VIRGINIA KEY, WAT- SON ISLAND, AND THE UNINHABITED ISLANDS OF BI- SCAYNE BAY THAT HAVE A ."CONSERVATION" LAND USE _ AND ZONING CLASSIFICATION; DIRECTING THE TRANS ! MITTAL OF THIS ORDINANCE TO AFFECTED AGENCY(S); _ CONTAINING A -REPEALER PROVISION AND SEVERABILITY - CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida;'Monday through Friday, excluding holidays, between the hours of 8-a.rb_ !1 ands p.m. - `_ All interested persons may appear at -the meeting and may be, heard with respect to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with respect to any matter to be. I considered -at this. meeting, that person.shall :ensLi eithaVa,verbatim -record of the proceedings is made including all testimony and evidence I �. upornwhich any appeal may be based. I. H WALTER J. FOEMAN-'' .oa" owe o .tY CITY CLERK--' IB 96 q�F90 p1A��� _ j 5(#9329) 00-4-28/93383M. I 00 a _ Gr r—ID