HomeMy WebLinkAboutO-11515J-97-176
3/11/97
ORDINANCE NO.
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING THE LAND USE DESIGNATIONS OF THE
PROPERTY LOCATED AT APPROXIMATELY 2979-89-95
SOUTHWEST 4TH STREET, FROM SINGLE FAMILY
RESIDENTIAL TO RESIDENTIAL DUPLEX; 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
February 19, 1997, Item No. 3, following an advertised hearing,
adopted by Resolution No. PAB 13-97, by a vote of four to two
(4-2), 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
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 Single Family Residential to Duplex Residential
for the properties located at approximately 2979-89-95 Southwest
4th Street, Miami, Florida, more particularly described as Lots 3
and 4 in Block 1 of CAROLINA HEIGHT ADDITION, in Plat Book 12 at
Page 57, and Lot 5 with the West 195 feet strip lying South of
and adjacent to Block 11, in Block 1, CAROLINA HEIGHT ADDITION,
in Plat Book 5 at page 57, 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;
(b) involves a land use of 10 acres or fewer, and does not,
in combination with other changes during the last year,
produce a cumulative effect of the City of Miami having
changed 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 last year;
(d) is one which does not involve the same owner's property
within 200 feet of property that has been granted a
- 2 - 11515
Comprehensive Plan change within the prior twelve
months;
(e) the proposed amendment does not involve a text change
to goals, policies, and objectives of the local
government's comprehensive plan, but only proposes a
land use change to the future land use map for a
site -specific small scale development;
(f) is one which is not located within an area of critical
state concern; and
(g) is one which does not involve a residential land use
with a density exceeding 10 units per acre.
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 and the public
notice published prior its adoption on second reading to: James
F. Murley, Secretary, Florida Department of Community Affairs,
Tallahassee, Florida; and the South Florida Regional Planning
Council, Hollywood, Florida.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby 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.
Section 7. This Ordinance shall become effective
thirty-one (31) days after second and final reading and adoption
thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat.
(Supp. 1996).
PASSED ON FIRST READING BY TITLE ONLY this 27th day of
March 1997.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 26th day of June 1997.
ROLLO, MAYOR
A ES
i
WALTER OEMAN
CITY CLERK
PREPAREDD AND APPROVED BY:
/J EL EDWARD MAX LL
PUTY CITY AT ORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A'. QUNN O S , II
CITY A Y
W269/JEM SS
- 4 - 11515
r
PLANNING FACT SHEET
APPLICANT City of Miami Department of Community Planning and
Revitalization.
HEARING DATE February 19, 1997.
REQUEST/LOCATION Approximately 2979-89-95 SW 4' Street.
LEGAL DESCRIPTION (Complete legal description on file with the Hearing Boards
Office).
PETITION
PLANNING
RECOMMENDATION
BACKGROUND
AND ANALYSIS
PZ-5
SECOND READING
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
2979-89-95 SW 41h Street from "Single Family. Residential" to
"Duplex Residential".
Approval.
See attached analysis.
PLANNING ADVISORY BOARD Approval. VOTE: 4-2
CITY COMMISSION Passed First Reading on March 27, 1997.
APPLICATION NUMBER 96- 263 Item #3
Date: 02/14/97
Page 1
115�.5
ANALYSIS FOR LAND USE CHANGE
Approximately 2979-89-95 SW 4th Street.
Application No. 96-6.
DISCUSSION
This application is a petition for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from Single Family Residential to Duplex
Residential. The subject properties consist of a 0.69 acre parcel, Lots 3 and 4, Block 1.
CAROLINA HEIGHT ADDITION (12 - 57) and Lot 5 with the W195 Ft strip lying S of
and adjacent to Block 11, in Block 1, CAROLINA HEIGHT ADDITION (5 - 57).
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 three (3) lots are cur-
rently designated Single Family Residential and the same designation is to the west and
south; to the east and north, the area is designated Residential Duplex.
The Single Family Residential land use category allows single family structures of one
dwelling unit each, to a maximum of 9 dwelling units per acre. Supporting services
such as foster homes and family day care homes for children and/or adults; and commu-
nity based residential facilities (6 clients or less), not including drug, alcohol of correc-
tional rehabilitation facilities also will be allowed. Places of worship, primary and sec-
ondary schools, day care centers for children 'and adults may be permissible in suitable
locations.
The Duplex Residential category allow residential structures of up to two dwelling units
each to a maximum density of 18 dwelling units per acre, subject to the detailed provi-
sions of the applicable land development regulations and the maintenance of required
levels of service. Other permissible land uses include community based residential facili-
ties (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities);
places of worship; child day care centers and adult day care centers and primary and sec-
ondary school are also permissible in suitable locations within this land use designation.
The Department of Community Planning and Revitalization. is recommending
APPROVAL of the application as presented based on the following findings:
11515 3
u
• It is found that the actual boundary lines dividing the Single-FamilyResidential and
the Duplex Residential designations left out only the subject three lots in the same
Block of the Duplex Residential designation.
• It is found that the increase of the densities of the proposed change into the existing
low density neighborhood created by this amendment will not be substantial and will
be consistent with the future low density residential ,use pattern proposed for the area.
• It is found that a change such as the one proposed will result in a more logical defini-
tion of the boundary lines defining the two land use designations.
• It is found that this application is not in conflict with MCNP Housing Policies 1.1.5.
and 1.2.7. which require the City to preserve and enhance the general appearance and
character of the City's neighborhood.
• It is found that at the present time, the subject properties do not have the same op-
portunities to be developed as the rest of the properties with the same conditions in
the same block.
These findings support the position that the existing land use pattern in this neighborhood
should be changed.
It should also be stated that MCNP Land Use Policy 1.1.1. requires development or rede-
velopment, 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 Policy 1.2.3.). It is
found that the attached Concurrency Management Analysis pertaining to concurrency
demonstrates that no levels of'service would be reduced below minimum levels.
2
CONCURRENCY MANAGEMENT ANALYSIS -
CITY OF MIAMI COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT
Proposal No. 96-6 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 09/10196 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION I CONCURRENCY ANALYSIS
Applicant: City of Miami
Address: 2979-89-95 SW 4 Street
Boundary Streets: North: East:
'South: SW 4 St. West: SW 30 Ave.
Existing Designation, Maximum Land Use Intensity
Residential 0.690 acres 9 DU/acre 6 DU's
Peak Hour Person -Trip Generation, Residential 9
Other 0 sq.ft.@ 0 FAR 0 sq.ft.
Peak Hour Person -Trip Generation, Other 0
Proposed Designation, Maximum Land Use Intensity
Residential 0.690 acres 18 DU/acre
Peak Hour Person -Trip Generation, Residential
Other 0 sq.ft.@ 0 FAR
Peak Hour Person -Trip Generation, Other
Net Increment With Proposed Change:
Population
Dwelling Units
Peak Hour Person -Trips
Planning District
County Wastewater Collection Zone
Drainage Subcatchment Basin
Solid Waste Collection Route
Transportation Corridor Name
RECREATION AND OPEN SPACE
Population Increment, Residents
Space Requirement, acres
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
16
0.02
55.12
55.10
OK
POTABLE WATER TRANSMISSION
i
Population Increment, Residents
16
Transmission Requirement, gpd
3,575 i
Excess Capacity Before Change
>2°% above demand
Excess Capacity After Change
> 2% above demand
Concurrency Checkoff
OK
12 DU's SANITARY SEWER TRANSMISSION
17 Population Increment, Residents
0 sq.ft. Transmission Requirement, gpd
0 Excess Capacity. Before Change
Excess Capacity After Change
Concurrency Checkoff
16
6
9
Little Havana
309
Q2
34
Flagler
r
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
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 03/13/90
16
2,953
See Note 1.
See Note 1.
WASA Permit Required
STORM SEWER CAPACITY
Exfiltration System Before Change On -site
Exfiltration System After Change On -site
Concurrency Checkoff OK
SOLID WASTE COLLECTION
Population Increment, Residents
Solid Waste Generation, tons/year
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
TRAFFIC CIRCULATION
Population Increment, Residents
Peak -Hour Person -Trip Generation
LOS Before Change
LOS After Change
Concurrency Checkoff
16
20
500
480
OK
16
9
D
D
OK
ASSUMPTIONS AND COMMENTS
Population increment is assumed to be all new residents. Peak -period trip
generation is based on ITE Trip Generation, Sth Edition at 1.4 ppv average occupancy
for private passenger vehicles. Transportation Corridor capacities and LOS are from
Table PT-2(R7), Transportation Corridors report.
Potable water and wastewater transmission capacities are in accordance with
Metro -Dade County stated capacities and are assumed correct. Service, connections to
water and sewer mains are assumed to be of adequate size: If not, new connections
are to be installed at owner's expense.
Recreation/Open Space acreage requirements are assumed with proposed change
made.
11515
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RESOLUTION PAB -13-97
A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE CITY
OF MIAMI FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION
OF THE LAND LOCATED AT APPROXIMATELY 2979-89-95 SW 4"
STREET FROM SINGLE FAMILY RESIDENTIAL TO DUPLEX
RESIDENTIAL.
HEARING DATE: February 19, 1997
ITEM NO. 3
VOTE: 4-2
ATTEST:
ack Luft, Direct —
Department of Community
Planning and Revitalization
i
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. 11515
inthe ...................... kiXXXX....................................... Court,
was published in said newspaper in the issues of
Jul 10, 1997
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 matter at 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 firm or corporation
an:sEerin�g
t, rebate, commi or ref nd for the purpose
of this adverts n or pu 'cation in the said
ne . w-
1.d y -��Ju l y � 97
(SEAL) k------
OFFICIAL NOTARY SEAL
Octelma V. Ferbe e�rsonalicnowUAWRTT LLERENA
;il H j' Cti COMMISSION NUMBER
CC566004
OF RCO MYJUNEss23,2000ION Es
GIT-T VF .MKAM IL%JKluA
LEGAL NUPCE
-All interestedipersons will take notice -that on the 26th day, of June,
1997'the City+,ICommission of Miami, Florida, :adopted the following
titled ordinahces:' .
_ -ORDINANCE NO. 11514
- AN- EMERGENCY ORDINANCE AMENDING SECTION I OF ,
ORDINANCE:NO.e11337, AS AMENDED, ADOPTED JANU-
ARY._25,:1996'-THE CAPITAL IMPROVEMENTS APPRO-
PRIATIONS' ORDINANCE, THEREBY ESTABLISHING A
NEW ,CAPITAL IMPROVEMENT. PROJECT ENTITLED:
SAFETY 'INFRASTRUCTURE REPAIRS, PROJECT NO:
I 311927, TO BEGIN DURING FISCAL YEAR 19961997;
APPROPRIATING FUNDS FOR SAID PROJECT; CONTAIN-
ING-A'REPEALER PROVISION AND A- SEVERABILITY
CLAUSE.
ORDINANCE NO.
AN ORDINANCE AMENDING T. UTURE LAND USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN
BY CHANGING THE LAND USE DESIGNATIONS OF THE
PROPERTY LOCATED AT APPROXIMATELY. 2979-89-95
SOUTHWEST 4TH STREET, FROM. SINGLE FAMILY
ic:r•;r-RESIDENTIAL.TO,RESIDENTIAL•DUPLEX;.MAKING FIND-
INGS;;DIRECTING TRANSMITTALS TO AFFECTED AGEN-
CIES' _" CONTAINING A .REPEALER PROVISION AND- A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN. .
EFFECTIVtE DATE.
ORDINANCE NO. 11516
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE '
ZONING ORDINANCE BY CHANGING THE.ZONING CLAS-'
SIFICATION, FROM R-1 SINGLE FAMILY RESIDENTIAL TO
R-2 DUPLEX RESIDENTIAL, FOR THE - PROPERTIES
LOCATED: AT. APPROXIMATELY 2979-89-95 SOUTHWEST
4TH STREET, MIAMI FLORIDA, AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE 33 OF 'SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO; 11517'
4 ''AN -:-ORDINANCE> AMENDING THEt FUTURE LAND USE
MAP.-OF.jTHE, COMPREHENSIVE NEIGHBOR O.OD-PLAN
BY= CHANGING- THE LAND USE DESIGNATION'" OF THE
PROPERTIES LOCATED AT APPROXIMATELY 2200 WEST
-FLAGLER STREET AND 2326 SOUTHWEST 1ST STREET,
FROM "MAJOR INSTITUTIONAL, PUBLIC "FACILITIES,
TRANSPORTATION AND UTILITIES" TO 'RESTRICTED
:COMMERCIAL';"MAKING FINDINGS; DIRECTING TRANS- '
MITTALSi TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION ANDA SEVERABILITY CLAUSE;
AND.PROVIDING FOR AN EFFECTIVE DATE.
'ORDINANCE NO.11518
ANw ORDINANCE AMENDING THE ZONING ATLAS BY
CHANGING THE ZONING CLASSIFICATION, FROM G/I.
GOVERNMENT INSTITUTIONAL TO C-1 RESTRICTED
COMMERCIAL, FOR- THE PROPERTIES LOCATED AT
I ;, .APPROXIMATELY 2200 WEST ' FLAGLER . AND, 2326'
SOUTHWEST 1 ST' STREET;,-,MIAMI,,, FLORIDA; --AND BY
"- MAKING7ALl THE NECESSARY CHANGES ON PAGE 34
bF.' SAID: "ZONING ATLAS, CONTAINING A REPEALER -
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 11519
AN ORDINANCE AMENDING THE ZONING ORDINANCE -,
' OF THE CITY OF MIAMI BY AMENDING ARTICLE 7, "HP
HISTORIC PRESERVATION OVERLAY DISTRICTS,' SUB-
SECTION 704`:1.1 "CONDITIONAL USES," TO ALLOW SAID
USES- JN RECONSTRUCTED ''HISTORIC -STRUCTURES
.CONDITIONALLY, CONTAINING A, REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE .DATE. ,
ORDINANCE NO. 11520
,AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL
i; ::-REVENUE. FUND ENTITLED: '"COPS MORE 96";' AND
I'i APPROPRIATING FUNDS FOR THE OPERATION OF -
I_�"', SAME IN'THE"AMOUNT OF $9,537,933.00, CONSISTING
;,OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE;
AUTHORIZING THE CITY MANAGER TO ACCEPT -.SAID
GRANT FORM SAID GRANTOR,AND .TO EXECUTE -THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE.
TO'THE'! CITY ATTORNEY, FOR SAID PURPOSE; CON
TAINING'-A REPEALER PROVISION AND 'SEVERABILITY
CLAUSE".
Said ordinances maybe inspected by the public at the Office of the
City Clerk,.3500 Pan American Drive, Miami, Florida, Monday througt
Friday, excludinq holidays, between the hours of 8 a.m. and 5 p.m.