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HomeMy WebLinkAboutO-11436iji J-96-658 8/15/96 ORDINANCE NO. 111.16 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS OF THE PROPERTIES LOCATED AT APPROXIMATELY 301-583 AND 300-598 NORTHWEST 54TH STREET, FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL; MAILING 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 July 17, 1996, Item No. 2, following an advertised hearing, adopted by Resolution No. PAB 34-96, by a vote of eight to zero (8-0), 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: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference 11436 r 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 designations from Restricted Commercial to General Commercial for the properties located at approximately 301-583 and 300-59P Northwest 54th Street, Miami, Florida, more particularly described as Lots 11-15 of Block 9, Lots 11-15 of Block 10, Lots 11-15 of Block 11 and Lots 11-15 of Block 12, inclusively, BUENA VISTA GARDENS SUBDIVISION, at Plat Book 5 at Page 145; Lots 1-9 and 19-21 of Block 10, and Lots 1-3 and 7-15 of Block 11, inclusively, RAILWAY SHOP ADDITION SUBDIVISION, at Plat Book 3, Page 183 of the Public Records of Dade County, Florida. Section 3. It is hereby found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; and (b) involves a land use of more than 10 acres or a density of more than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of more than 10 acres; and (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the last year; and (d) is one which does not involve the same owner's property within 200 feet of property that has been granted a a 11436 W Comprehensive months; and '""`, Plan change within the prior twelve (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. Section 4. 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: James F. Murley, Secretary, Florida Department of Community Affairs, Tallahassee, Florida; Carolyn Dekle, Executive Director, South Florida Regional Planning Council, Hollywood, Florida; Sam E. Poole, Executive Director, South Florida Water Management District, West Palm Beach, Florida; Ben G. Watts, Secretary, Department of Transportation, Tallahassee, Florida; and Virginia B. Wetherell, Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section S. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section G. 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. 3 11436 Section 7. This Ordinance shall become effective after final reading and adoption thereof pursuant and subject to Section 163.3189, Fla. Stat. (1995). PASSED ON FIRST READING BY TITLE ONLY this 24th day of October , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY 'TITLE ONLY this 23rd day of jan� , 1991. JOnROLLO, MAYOR ATTEST: WALTE J CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: A. '01UNW-190S, II CITY A 7 EY wi6R.ac 4 li436 •'N APPLICANT APPLICATION DATE RE®UESTlLOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING FACT SHEET PZ-6 sac= 1=1111C City of Miami Department of Community Planning and Revitalization. May 30, 1996 Approximately 301 to 583 and 300 to 598 NW 540, Street. (Complete legal description on file with the Hearing Boards Office). Consideration of amending the City of Miami Future Land Use Map of the Comprehensive Neighborhood Plan by changing the land use designation of the properties located at approximately 301 to 583 and 300 to 598 NW 54" Street, from 'Restricted Commercial" to 'General Commercial". Approval. See attached analysis. PLANNING ADVISORY BOARD Approval. VOTE: 8-0 CITY COMMISSION Passed first reading on CC 10/24/96. APPLICATION NUMBER 96-256 July 17,1996 Item 9 2 Page 6 1 ,11436 r ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 301 to 583 and 300 to 598 NW 54" Street. Application No. 96-5. DISCUSSION The proposal for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from Restricted Commercial to General Commercial has been reviewed as follows: The subject properties is a 6.16 acre parcel consisting of twenty (20) lots to the north side of NW 5e Street and twenty four (24) lots to the south side of the NW 54' Street, be- tween NW 3rd and 6' Avenues, at approximately 301 to 583 and 300 to 598 NW 54'fi Street, in the Planning District A. The proposed change has been brought about due to concerns expressed to the Depart- ment of Community Planning and Revitalization by citizen leaders, who share a convic- tion that the designation of this area in the Future Land Use of the Miami Comprehensive Neighborhood Plan is not helping the development and revitalization of this commercial strip. The existing buildings on the majority of the 44 lots are warehouse type structures that have been and actually are grandfathered and utilized with uses permitted in the Gen- eral Commercial designation and not in the Restricted Commercial designation. This application is in order to create a buffer area along NW 50 Street between the Re- stricted Commercial area east and the I-95 Expressway, west of the subject area, with more heavy commercial uses in the existing structures and facilitating the development of similar and /or ancillary uses permitted in the General Commercial designation that will result in a more effective revitalization of the area. 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 properties are currently designated Restricted Commercial and the same designation is to east and west, immedi- ately to the north and south, the area is designated Duplex Residential. 114363 r� At The Restricted Commercial land use category accommodates 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 collectors roadways. Residen- tial uses equivalent to High Density Multifamily Residential. up to a maximum density of 150 dwelling units per acre, including hotels. are also permissible within this land use category. Commercial uses include general retailing, personal and professional services; real state; banking and other financial services; restaurants; saloons and cafes: general entertainment facilities and private clubs and recreation facilities whose scale and land use impacts are similar in nature to those uses described above. Other permissible land uses include motels and hotels; community -based residential facilities; offices; major sports and exhibition or entertainment facilities; places of worship and primary and sec- ondary schools. Mixed -uses containing commercial, office and/or residential are also permissible within this land use designation. The General Commercial category allows all activities included in the Office and Re- stricted Commercial designations with the exception of permanent living facilities. No residential facilities are allowed in this designation except for rescue missions. Also, this category accommodates wholesaling and distribution activities that generally serve the needs of other businesses; commercial activities including retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and ga- rages, heave equipment sales and service, building material sales and storage, wholesal- ing, warehousing, distribution and transportation related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above.. The Department of Community Planning and Revitalization is recommending APPROVAL of the application as presented based on the following findings: • It is found that the existing conditions and the potential future development of this area are not consistent with the pattern proposed by the Future Land Use Map of the MCNP for the area. • It is found that Land Use Objective 1.3. requires the City to encourage commercial development within existing commercial areas. • It is found that MCNP Housing Policies 1.1.5. and 1.2.7. require. the City to pre- serve and enhance the general appearance and character of the City's neighborhood. • It is found th#t at the present time, the Restricted Commercial designated areas, west and east of the subject properties have sufficient capacity to accommodate light com- mercial. These findings support the position that the existing land use pattern in this neighborhood should be changed. It should be stated however. that whereas MCNP Land Use Policy 1.1.1. requires devel- opment or redevelopment. that results in an increase in density or intensity of land use. to be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Pol- icy 1.2.3.). It is found that the attached Concurreucy Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. ii9366 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT hem" No, ".5 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Data: 061261" WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS ApphcW: CdV of Miamu RECREATION AND OPEN SPACE Addroa:301 to 583 NW 84 Street and 300 to 598 NW E4 St. Population Increment, Roedonts 12.3751 Space Requirement. ease •3 09 Eoundery Streets: North: bet: NW 3 Ave. Inc*" Capacrty Bofors Change 55 12 South: West: IN S81NW 6 Ave. Excess Capacity After Change 58.21 Concwrwcv Checkoff OK Existlrw Dsagnatxm% Thaore4ieal Maximum Lend Use Were v Moldsmdol 6.16 was 160 Dulacm 924 OU's Pak Hour PonWl Trip OVISMUott, PAWGK W 671 Defier 263.329 N-ft.9 1.72 FAR 461.526 6411 Peak Hour Parser+Trip Generation, Other 31,015 ftposed De"nstioft. Thowetical Mammum Lond Use Intensity RsoidentiN 0 amill OU/sus 0 OU's Peak Ww Pow Trip Ge+aniKb % RnWw" 0 Other 268,329 94.111.9 1.72 FAR 461.S26 s+s•ft. Peak Hour Pose + Trip Generation. Other twee Note 3.1 6.332 Theoretical Net Increment With Proposed Change: Populabon 12.375) Dwa6lfq Units (9241 Peak Hour Parson -Trips 125.553) Plan— Distria ittle Haiti County Waateweter CoReetion Zome 308 Droirtsigs Subatchment BesIn E/ $cod Waste Collection Route 7 Trareportstiom Corridor Name 1.95 RELEVANT MCNP GOALS. 06JECTIVES. AND POLICIES Land use Policy 1.1.1 CIE Policy 1.2.3 NOTES 1. Permit for sanitary sever connection moat be issued by Metro -Oafs Water and Sewer Authority Department IWASAI. Eases capacity, if any, is txlrramty not known 2. Peak hour trip generation for Retail - Gerwal Marchoo disc. ITE Trip Generation, 5th Edition, page 1097. 3. Peak how trip generation for General Light Industry. ITE Trip Generation, 5th Edition, page 94. CM-1-IN 03/13/90 4 POTAIILE WATER TRANSMISSION Population Increment, Residents 12,3751 Transmission Requtramett, gpd 1531.9281 Exeow Capacity Before Charge > 2% above demand Excess Capacity After Change > 2% above demand Concwrency Checkoff OK SANITARY SEWER TRANSMISSION Population kwromment. Retidena 12,3751 Traromies►on RowA"mant, god (439,3161 Exact Capacity Bofors Change See Note 1. Excess Capacity After Charge See Note 1. Coneurnney Checkoff WASH Permit Repltirad STORM SEWER CAPACITY Exfiltration System Before Change On -sits Exfftsuon System After Change On -arts Consonancy Checkoff OK SOLID WASTE COLLECTION Population Increment, 111asidents 12,3751 Solid Waste Generation, tons/Yea -3040 Excess Capacity Bofors Change 500 Excess Capacity After Change 3,540 Concwrency Checkoff OK TRAFFIC CIRCULATION Population Increment. Residents 42.3751 Peek -Haw Person -Trip Generation -25553 LOS Bofors Charge 6 LOS After Change 6 Corncurroncy Checkoff OK ASS11MrT1 M AM COVIOMWn Population wwwrwK is assumed so to all now reaksnn. ►eek•panaA tnp erwaten .s wee an STE Tre Gw wswL Sth 66tron at 1.4 new sverap o=4WI Y fpr pmsn pamenww vatrtly. Tnnepwwoon Carriwor csp§Mn she LOS are hen Tnale PT-21MI1. Trarseartaeen Cam/ors report. PotaaM wwr ens wawwow enrerrteron capecrase are in aceeNwnce with Woo• Da" Caxrm atwe caowitip w 4 w named wnect. Swv" cernt— to water awe newer maw we assume to be of adesuM siae: d nor, now cawCewn ere to On nwaw at Owner's expen". 14asetion ow Space acrow reenpenwres am nnx m woo Mopoeitl shape msae. DUPLEA Rp-q1®ENTIA 3 0 1 M■ ji %10e A tF f �. • r w AM.. tEN !ON b to A � • t+ � 1 � el.i..� •. 1•�1 rf�ly� 4 • � ieI r �• e+ • 6•t t • i re'i 4' I ,• � n � r e• I• �• . • I. I I 1 'f t e � vr .� � 1. f t• o I •1 t� f !. 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N,.i,�,r,.� �:. ,.-;,�,rle•.--� •" _:ice yy�� ,�,,. ��. .�., •"��.�� � i. ".`� may.... �. ,. �`i�/� ',IV t ~"' �� - - . �,. ,�� / •, � �. 4Ar - � � - ice. � � � � �I y.- .�.. • � �l, J f" { RESOLUTION PAB - 34-96 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE CITY OF MIAMI ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD FLAN, 1989-2000, FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 301 TO 583 AND 300 TO 598 N.W. 54TH STREET, FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL. HEARING DATE: July 17, 1996 VOTE: 8-0 ATTES . AC!oi C OF O ITYN PLANNING & REVITALIZATION 4%e FAAMI DAILY BUSIiVESS REVIEW Pubibhad Oily except Saturday, Sunday and LOW Hokup kftft. Dells Carty, Fbrk%. STATE OF FLORIDA COUNTY OF DADE- sews -the tN"brapned authority perswaNy appeesd Ocul V. Ferbeyra, who on oath Nys that she is tie superwiew. Legal "Iwo of the Miami Deity Susiness flwisw 1AVa MsaM elwlaw. a daily (sarspt Sshirft, Sunday and Legal Holidays) IF OF . ind" sd at Miami Mn Dads Coumty. fnww "Mt tie etwim copy of fit. bole Lo" AdnertNe iwa of Nona in pM metro Cf CITY OF MIAMI ORBINANCE NO. 11436 in tfle .H»..»»...»--- co^ war pubilahed in saw nswspspsr In On Issws at Mar 5, 1997 Affam hosier says that the sold MIiMM Daily Business ilowlew Is a newspaper pubNOW at Mimi ml in said Dade County. Florida and SMt the said now -pop or has hweinla been coftwously pubilahad in sold Della Cowdy. Flalft each deer (script Saturday. Sunday and 1.4001 ltoildsys) and has bean eMen - a second clan mall neaRfer at an post am" It% 11" M in saki Dads Cauerly. Fiww for a penlod of ones year nwn pnoedk - eM not publicallw of tlM -hoped ooP7► of and aniant fueOlMr an Itpho"eald Nafthe prOnmMW any Pars or n for ketlon a end subscribed bNora mot" 5 Marc 97 .•�y Qf0� n OFFICIAL ETTNL TARV SEAL O*e LERE A OcWnM V. kngwftsww wpwf11 CC a66004 01 V OF RUAa Le"L Holm AN ,- --I- I 1110 11110111 f11ft seer all roil a" M jow Mr. SM. C 0111111 Mwlen of �s�, lisle► MR O rs AN ORDNAM 1 LAND UKMW OF TM - !H AR1D PLAN : . •1f MfANOS1f�'4ME tip T1011i QF TIE 1 PROPERVES LRi1 AND AT A"WA 06NM1tW..SOi40. . AND =4011 NORi I NEST •NTH STREET.: FROM IE� TPMCM COMLWNWL TO Q80ft' CO WEP CW. Malaae !' .QMEEf�TTIM/d T�1MidYETTiALf °`TO ' AFFECTED 00NTAStf11d A REALER PR4 VMION A14D A SEVER111PUff CLAMS "MO PROV"10 FOR AN IFFEr7INE "TE . _ .CI�MiICit ND.11lS7 � � AN i7lIDSUNCE MENORMd TIE MM AIUB' CIiIMI�l 0 TK '>90" CLASSIFICATION. F'RQiw °G9 ClAt• FOR TIE In"I M'a L�OC�► D AT:1)lPR01�.,.'. ATELY SOfMa AND 30oR� N(1ITrlM11 64TI181�T... , MOW RMVbK- NW -I Y MffiM' 1L CHANTS *ON PAM 11V AHD'.'16 (W* I AM ' O! ATLAS; C01470U NN0 A HOWAL ER MI A11D STIR £RABRli1f CL.ALlt3E: i �. ORDNiilMCEg0.11Ms .. - AN OiDMW CE IM Ki CHAP ER.tfE MF 7IIlI C1fY 000E. AS' AMfENOdD. : AMD f%AN- PilNd FEES; TO CLA L AH04JAOE M ' SiJS>rMTTj" CQttiTA fIO' A' REPEALER - f AID Seifft 1MM CtAME; AND FOdk*hld ilN EFFECTNE DATE. OINIlIAIICElOD.11� .; AN ORDINANI E AMEM XW IM ?APMMd' AFDMMI"''' BY MAONDW MMIE 9. SUBSECTM IVIDA TO M1DDFY RELEASE PRE FOR IJNfff 0F'TITLE . AtSMEMENTS. CONTAIIHIM A REPEALER PAOVOW AND A SEVE'RAIM,JTYCLAUM AND PROV10M FOR AH EFFECINE DATE. OIIDNIIANOE N0. 91SM AN OM M%4M MOON THE CITY CODE.' CHA MM 4. ENTiTlw'AILoolia C gevRAtAEB.' SYefe SECTION 4.10. RELATMiili TO =TANCE 90 TM By MAOOMYIlJa TW MTNICM SPARATIDN IETWM ESTAKA MEMf - FOR TIE S" DINNiN;PLA=A CLAt161E: AID PIiDII®NIS POR AN �alEs��. Cl.RIN MOE IIOi:1 ONDdMANCt THE i�OlNilc: CfCMA= my � hs.T0/14 AWW..., . PARIgI�.° AUD p• . Baia obfaw P a hoped' D* bX Sea_ �D>M #* hWJNM. a e an. Wd 6 pan. WALYGRaLIFOBAAN GITYCLIERK O'►.4�OS1MA