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HomeMy WebLinkAboutO-11781J-99-289 11781 3/23/99 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, BY AMENDING THE "INTERPRETATION OF FUTURE LAND USE MAP" SECTION TO INCLUDE RESIDENTIAL USES, CONDITIONALLY, TO THE "GENERAL COMMERCIAL" LAND USE DESIGNATION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of April 30, 1997, Item No. 2, following an advertised hearing, adopted Resolution No. PAB 29-97 by a vote of five to zero (5-0), RECOMMENDING APPROVAL of amending 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: Section 1. The recitals and findings contained in I\ 11781 � the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the City of Miami Comprehensive Neighborhood Plan, is hereby amended by amending the text of said Ordinance as follows:1' "INTERPRETATION OF THE FUTURE LAND USE MAP. General Commercial: Areas designated as "General Commercial"_ allow all activities included in the "Office" and the "Restricted Commercial" designations; Mul ifamils rcc;; dPnt; ^1 structures of a density eCajal to R-3 or higher, but not to .exceed a maximum of 150 units i er acre, bz Special Exception only, "on finding that the proposed .----imif-%, i-^ nthcr raciapnrial1v zoned property makes as well s A1Go allowed are wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, 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. - 2 - 11781 light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those described above. This category also allows commercial marinas and living quarters on vessels for transients. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. 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 5. The City Manager is hereby directed to instruct the Director of Community Planning and Revitalization to immediately transmit a copy of this Ordinance, upon approval on First Reading and again after its adoption on Second Reading to: Secretary, Florida Department of Community Affairs, Tallahassee, Florida; Executive Director, South Florida Regional Planning Council, Hollywood, Florida; Executive Director, South Florida Water Management District, West Palm Beach, Florida; Secretary, Department of Transportation, Tallahassee, Florida; and - 3 - 1\ h Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 7. This Ordinance shall become effective after second and final reading and adoption thereof pursuant and subject to §163.3189, Fla. Stat. (Supp. 1998).21 PASSED ON FIRST READING BY TITLE ONLY this 22nd day of May , 19974. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of March , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated plane provided, said legislation becomes effective with the elapse of ten (10) da from the date of Comm' sicn acticrI regarding same, without the Mayor exec ' ' g eto. ATTEST: Wa er J e an, City Clem WALTER J. FOEMAN CITY CLERK CORRECTNESS:tl 84:GMM:hdb:RCL 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. - 4 - 11781, • • PZ- 18 APPLICANT HEARING DATE REQUESTILOCATION LEGAL DESCRIPTION PLANNING FACT SHEET City of Miami Department of Planning and Development. April 16, 1997. Amendment to the text of the Comprehensive Plan NIA. SECOND READING PETITION Consideration of amending Ordinance 10544, as amended, the Miami Comprehensive Plan of the City of Miami, by amending the "Interpretation of future land use map" in order to include residential uses conditionally to the "General Commercial" land use designation. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. The proposed modification seeks to add residential uses conditionally to the list of permitted uses currently allowed in the "General Commercial" land use classification; the necessary findings which must be made in order to allow residential uses are as follows: 1) the proposed residential development must be of a density equivalent to Medium Density Multifamily Residential or higher, 2) it must be a logical extension or continuation of existing residential development; and 3) that there are adequate services and amenities in the adjacent area to accommodate the needs of the potential residents. This amendment is being sought in recognition by the City of Miami that there are a substantial number of scattered properties designated "General Commercial" which are either surrounded by residential areas, or situated in such a way that mid- to high density residential uses are a logical extension of an adjacent residential area. PLANNING ADVISORY BOARD Approval. VOTE: 5-0 CITY COMMISSION Passed First Reading on May 22, 1997. APPLICATION NUMBER 97- 010 Item #3 CITY OF MIAMI - DEPARTMENT OF PLANNING AND DEVELOPMENT 4" SW 2ND AVENUE, 3RD FLOOR!, MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 UaIe: ualut/y Page 1 11781 RESOLUTION PAB - 29-97 A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE CITY OF MANE FUTURE LAND USE MAP OF. THE COMPREHENSIVE NEIGHBORHOOD PLAN BY AMENDING THE ,INTERPRETATION OF FUTURE LAND USE MAP" IN ORDER TO ADD RESIDENTIAL USES, CONDITIONALLY, TO THE "GENERAL COMMERCIAL" LAND USE DESIGNATION. HEARING DATE: April 30, 1997 ITEM NO. 2 VOTE: 5-0 ATTEST• Jack Luft, Director ve� Department of Planning and Development 11'781 3 • • CO3 Polizzi, Karla From: CO3 Lowman, Sylvia Sent: Friday, March 26, 1999 5:34 PM To: CO3 Polizzi, Karla Subject: March 23 papers PZ-16 passed as Ord. 11780, but was reconsidered and passed again, with an amendment, as Ord. 11782. Walter wants the original version to be marked 11780, draw red line across each page from top to bottom, with a note explaining it was reconsidered by Motion 99-233 and ultimately passed, as amended, as Ord. 11782. Page 1 11782 Cat of tams Y Or y7 ANA GELABERT-SANCHEZ rS 3 DONALD H. WARSHAW Director City Manager vQ�cO- FVO4, May 28, 1999 Mr. Robert Pennock, Chief - Florida Department of Community Affairs (DCA) Division of Resource Planning and Management Bureau of Local Planning 2740 Centerview Drive, Room 252 Tallahassee, Florida 32399-2100 Re: Transmittal of Amendment L.S. 99-1, the Second Reading Package of Large Scale,.. Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Pennock: The City of Miami, on March 13, 1999, adopted Ordinances 11773, 11775, 11777, 11779, 11781 and 11782 amending the Future Land Use Map and the Text of the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP), except that the effective date of the Ordinances is contingent upon the procedures in Chapter 163.3189 F.S., i.e., DCA compliance review. This package is composed of Amendments 97-22, 97-23, 98-3, 98-5, 98-6 and 98-11. Pursuant to the requirements of Chapter 163.3187 (1) F.S. 1993 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with three (3) copies of these documents with the required backup documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment Q d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties, when applicable (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); f) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); Page 1 of 2 PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor/Miami, Florida 33130/(305) 416-1400/relecopier: (305) 416-2156 Mailing Address: P.O. Box 330708/Miami, Florida 33233-070 i Mr. Robert Pennock May 28, 1999 g) A copy of MCNP Amendment Draft Ordinance as adopted on second reading, (Attachment G); and h) A copy of the cover letters with the above mentioned documents to: ■ Executive Director, South Florida Regional Planning Council; ■ District Director. for Planning and Programming, District Six, Florida Department of Transportation (FDOT), . . ■ Executive Director, South Florida Water Management Dist. (SFWMD) and, ■ Florida Department of Environmental Protection. If in the review process there are points that need clarification, you may contact Roberto E. Lavernia, Chief of Land Development, Planning Department at (305) 416-1435. Sinc 1 , elabert- c ez, Director lanning D artment RL/rl Attachments cc: Walter Foeman, City Clerk (letter only) t/ Joel Edward Maxwell, Assistant City Attorney (letter only) Dena Bianchino, Assistant City Manager (letter only) Lourdes Slazyk, Assistant Director, Planning Dept. (letter only) Clark P. Turner, Planner III, Planning Dept. (letter only) Roberto Lavernia, Chief of Land Dev., Planning Dept. (letter only) Page 2 of 2 Y, ANA GELABERT-SANCHEZ Director May 28, 1999 0 0 Titia of 'ffltaxrtt Y OF,y'� I O ur�ii ii�rr rQ�COy 04,0 DONALD H. WARSHAW City Manager Mr. John Hulsey South Florida Regional Planning Council 3440 Hollywood Boulevard Suite 140 Hollywood, Florida 33021 Re: Transmittal of Amendment L.S. 99-1, the Second Reading Package of Large Scale Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Hulsey: The City of Miami, on March 13, 1999, adopted Ordinances 11773, 11775, 11777, 11779, 11781 and 11782 amending the Future Land Use Map and the Text of the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP), except that the effective date of the Ordinances is contingent upon the procedures in Chapter 163.3189 F.S., i.e., DCA compliance review. This package is composed of Amendments 97-22, 97-23, 98-3, 98-5, 98-6 and 98-11. Pursuant to the requirements of Chapter 163.3187 (1) F.S. 1993 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with one (1) copy of these documents with the required backup documents consisting of - a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present -land use designations of the property and abutting properties, when applicable (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); Page 1 of 2 PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor/Miami, Florida 33130/(305) 416-1400/Telecopier: (305) 416-2156 Mailing Address: P.O. Box 330708/Miami, Florida 33233-070 Mr. John Hulsey May 28, 1999 f) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); and g) A copy of MCNP Land Use Plan Map Amendment Draft Ordinance as adopted on second reading, (Attachment G) If in the review_process there are points that need,clarification,'you may contact Roberto E. Li vernia, Chief of Land Developr{ient, Planning Department, at (305) 416-1435. Sincerely, a G abe anchez, irector ing epartment RL/rl Attachments cc: Walter Foeman, City Clerk (letter only) Joel Edward Maxwell, Assistant City Attorney (letter only) Dena Bianchino, Assistant City Manager (letter only) Lourdes Slazyk, Assistant Director, Planning Dep. (letter only) Clark Turner, Planner III, Planning Dep. (letter only) Roberto Lavernia, Chief of Land Dev., Planning Dep. (letter only) Page 2 of 2 Ulf �CtiCri�t ANA GELABERT-SANCHEZ Director May 28, 1999 DONALD H. WARSHAW City Manager District Director for Planning and Programming, District Six Florida Department of Transportation (FDOT) 602 South Miami Avenue Miami, Florida 33130 Re: Transmittal of Amendment L.S. 99-1, the Second Reading Package of Large Scale Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: The City of Miami, on March 13, 1999, adopted Ordinances 11773, 11775, 11777, 11779, 11781 and 11782 amending the Future Land Use Map and the Text of the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP), except that the effective date of the Ordinances is contingent upon the procedures in Chapter 163.3189 F.S., i.e., DCA compliance review. This package is composed of Amendments 97-22, 97-23, 98-3, 98-5, 98-6 and 98-11. Pursuant to the requirements of Chapter 163.3187 (1) F.S. 1993 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with one (1) copy of these documents with the required backup documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) . A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties, when applicable (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); Page 1 of 2 PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor/Miami, Florida 33130/(305) 416-1400/Telecopier: (305) 416-2156 Mailing Address: P.O. Box 330708/Miami, Florida 33233-070 District Director for Planning and Programming, District Six May 28, 1999 If in the reviewprocess,there are, points that need clarification, you may contact Roberto E. Lavernia, Chief of Land Development, Planning Department, at '(305) 416-1435. y, G ert-Sanchez, Director 1 g Department RL/rl Attachments cc: Walter Foeman, City Clerk (letter only) Joel Edward Maxwell, Assistant City Attorney (letter only) Dena Bianchino, Assistant City Manager (letter only) Lourdes Slazyk, Assistant Director, Planning Dep. (letter only) ' Clark Turner, Planner III, Planning Dep. (letter only) Roberto Lavemia, Chief of Land Dev., Planning Dep. (letter only) Page 2 of 2 0C�St#g f �t�xn�t ANA GELABERT-SANCHEZ Director May 28, 1999 DONALD H. WARSHAW City Manager Executive Director, South Florida Water. Management District (SFWMD) :: • `: P.O. Box 24680 ; , :' .>:,., ,, ... _ _ - . . West Palm Beach; Florida_ 33416-4680 Re: Transmittal of Amendment L.S. 99-1, the Second Reading Package of Large Scale .. , ,. .. :.. Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: The City of Miami, on March 13, 1999, adopted Ordinances 11773, 11775, 11777, 11779, 11781 and 11782 amending the Future Land Use Map and the Text of the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP), except that the effective date of the Ordinances is contingent upon the procedures in Chapter 163.3189 F.S., i.e., DCA compliance review. This package is composed of Amendments 97-22, 97-23, 98-3, 98-5, 98-6 and 98-11. Pursuant to the requirements of Chapter 163.3187 (1) F.S. 1993 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with one (1) copy of these documents with the required backup documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, . objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties, when applicable (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); Page I of 2 PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor/Miami, Florida 33130/(305) 416-1400/Telecopier: (305) 416-2156 Mailing Address: P.O. Box 330708/Miami, Florida 33233-070 CITTta of 'fflittm ANA GELABERT-SANCHEZ Director May 28, 1999 Florida Department of Environmental Protection DONALD H. WARSHAW City Manager Plan Review Section.: 3900 Commonwealth'Boulevard,'Room- 914B Tallahassee, Florida 32303. Re: Transmittal of Amendment L.S. '99-1, the Second Reading Package of Large Scale Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: The City of Miami, on March 13, 1999, adopted Ordinances 11773, 11775, 11777, 11779, 11781 and 11782 amending the Future Land Use Map and the Text of the Miami Comprehensive Neighborhood Plan 1989-2000 "(MCNP), except that the effective date of the Ordinances is contingent upon the procedures in Chapter 163.3189 F.S., i.e., DCA compliance review. This package is composed of Amendments 97-22, 97-23, 98-3, 98-5, 98-6 and 98-1.1. Pursuant to the requirements of Chapter 163.3187 (1) F.S. 1993 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with one (1) copy of these documents with the required backup documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present -land use designations of the property and abutting properties, when applicable (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); Page l of 2 PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor/Miami, Florida 33130/(305) 416-1400/Telecopier: (305) 416-2156 Mailing Address: P.O. Box 330708/Miami, Florida 33233-070 • 11 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF 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 f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11.781 in the .................... XXXXX......................................... Court, was published in said newspaper in the issues of Apr 12, 1999 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matterat the post office in Miami in said 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, firm or corporation any discoun rebate, commissio ,fi1Qd for the purpose of securi this advertise public tion in the said C SvpfnXand subsyhibed�eFg'me this 12 ri1 r /// 99 V WH-UAL NOTARY SEAL me V. Ferbeyre perso kn own�e. JANETT LLEERENA Zn COMMISSION NUMBER CC566004 T.�O MY CO*JfMISSIOH E%PIR£$ ,)l3NE 23,2000 CITY OF MIAMI, FLORIDA LEGAL NOTICE _ All interested persons will'take notice that on the 23rd day of March, 1999, the City Commission of Miami, Florida adopted the following ti- I tied ordinances: ORDINANCE NO. 11781 AN ORDINANCE OF THE - MICOMMISSION - AMENDING ORDINANCE NO. 16544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989- 2000, BY AMENDING THE "INTERPRETATION OF FUTURE - LAND USE MAP" SECTION TO INCLUDE RESIDENTIAL USES, CONDITIONALLY, TO THE °" ALCOOMMM�ER- �AL" LAND USE DESIGNATION; CONTAINING A RE PEALER PROVISION AND SEVERABILITY CLAUSE; AND { PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11782 •AN - ORDINANCE OF THE MIAMI CITY COMMISSION j AMENDING ORDINANCE NO.-10544, AS AMENDED, THE •MIAMI COMPREHENSIVE -NEIGHBORHOOD PLAN 1989 1 2000 BY -AMENDING THE "INTERPRETATION OF THE 'FU- TURE LAND USE MAP" SECTION OF THE GOALS, OB- JECTIVES AND POLICIES, -IN ORDER.TO ADD TWO NEW LAND USE CLASSIFICATIONS- ENTITLED: ."RESTRICTED PARKS AND RECREATION" AND -'MARINE FACILITIES"; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances maybeinspected 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.m. and 5 p.m. c� of Walter J. Foeman City Clerk q�fC4Fw��O (#5218) 14/12 _��_ � 99=4.041249M