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HomeMy WebLinkAboutO-11517• 7 v J-97-236 5/l/97 ORDINANCE NO,. 11517 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD 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 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 April 30, 1997, Item No. 6, following an advertised hearing, adopted by Resolution No. PAB 33-97, by a vote of four to one (4-1), 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 11517 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 Major Institutional, Public Facilities, Transportation and Utilities to Restricted Commercial for the properties located at approximately 2000 West Flagler Street and 2326 Southwest 1st Street, Miami, Florida, more particularly described as follows: Lots 1 through 16 and 17 through 19, less the South 70 feet thereof, of REVISION OF KENILWORTH SUBDIVISION, Plat Book 5 at Page 115, 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 11517 Comprehensive months; 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 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 3 i 517 thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat. (Supp. 1996) . PASSED ON FIRST READING BY TITLE ONLY this 22nd day of May 1997. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this. 26th day of June , 1997. ATTEST WALTER FO MAN CITY CLERK PREPARED AND APPROVED BY: JJ G�je--1 / 111417 417 `'el- �J L EDWARD ELL <� D PUTY CITY AtTORNEY APPROVED AS TO FORM AND CORRECTNESS: A! QUIWN JO S, I I I CITY ATTO W284.doc/JEM/mis 4 11517 i 0 01- PLANNING FACT SHEET APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION City of Miami Department of Planning and Development April 16, 1997. PZ-1 1 SECOND READING Approximately 2200 West Flagler Street and 2326 SW 11 Street. (Complete legal description on file with the Hearing Boards Office). PETITION Consideration of amending the City of Miami Future Land Use Map of the Comprehensive Neighborhood Plan by changing the land use designation of the City of Miami Police Substation located at 2200 West Flagler Street and the property located at 2326 SW 131 Street, from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial". PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. See attached analysis. PLANNING ADVISORY BOARD Approval. CITY COMMISSION Passed First Reading on May 22, 1997. VOTE: 4-1 APPLICATION NUMBER 97- 018 Item #7 CITY OF MIAMI - DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 04/07/97 Page 1 115t7 e ANALYSIS FOR LAND USE CHANGE RE VEST Approximately 2200-West Flagler Street and 2326 SW V Street. Application No. 97-3 DISCUSSION - The proposal for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial" has been reviewed as follows: The subject properties, the City of Miami Police Substation and the adjacent property; consists of a 2.25 acre parcel. (Complete legal description on file with the Hearing Boards Office). Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6. L, 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 "Major Institutional, Public Facilities, Transportation and Utilities"; immediately to the north, east, south and northwest, the area is designated "Restricted Commercial" and, to the southwest, there is a "Duplex Residential" designated area. The Major Institutional, Public Facilities, .Transportation and Utilities land use category allows facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed to a maximum density equivalent to "High Density Multifamily Residential", up to 150 dwelling units per acre, subject to the same limiting conditions. The Restricted Commercial land use category allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" up to 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 automobile, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real state, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreational 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 describemove, places of worship and primary osacondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. The Department of Planning and Development is recommending APPROVAL of the application as presented based on the following findings: • It is found that the subject property has the Restricted Commercial land use designation immediately to the north, east, south and northwest, and that the proposed change will be a logical extension of the commercial designation. • It is found that the existing building located at the western portion of the subject property is actually used and has been used as a supermarket for several years and that the building at the eastern portion of the subject property is actually used as a City of Miami Police Substation. • It is found that this application is' not in conflict with the MCNP due to the fact that the requested change will bring into compliance the existing use at the western portion of the subject property and that the change will enhance the economic base of the area and the City as a whole. The proposal will also allow the eastern portion of the subject property to be developed in a manner which includes the majority of the uses for which the property is currently allowed and will add a host of new uses that can better serve the immediate neighborhood and the region. 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 I.I.I. requires development 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 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 �"T if�i7 CONCURRENCY MANAGEMENT ANALYS CITY OF MIAMI COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT Proposal No. 97-3 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: April 7, 1997 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: City of Miami RECREATION AND OPEN SPACE Address: Approx. 2200 W. Flagler St. and 2326 SW 1 St. (Police Substation) Boundary Streets: North: SW 2 St. East: SW 22 Ave. Rd. South: SW 2 Ter. West: I Population Increment, Residents J . Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change (867) -1.13 ; 55.12 56.25 iConcunency Checkoff OK Existing Designation, Maximum Land Use Intensity I POTABLE WATER TRANSMISSION Residential 2.25 acres 150 DU/acre Peak Hour Person -Trip Generation, Residential Other 0 sq.ft.@ 0 FAR Peak Hour Person -Trip Generation,Other 338 DU's 473 0 sq.ft. 0 Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change (867) (194,292) > 2% above demand '. > 2% above demand Proposed Designation, Maximum Land Use Intensity (SEE NOTE 2, BELOWI Concurency Checkoff OK SANITARY SEWER TRANSMISSION Residential acres @ DU/acre 0 DU's jPeak Hour Person -Trip Generation, Residential j Other 0 sq.ft.@ 0 FAR j Peak Hour Person -Trip Generation, Other 0 0 sq.ft. 0 Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change (867) (160,4641 See Note 1. j Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concunency Checkoff WASA Permit Required Population (867) STORM SEWER CAPACITY j Dwelling Units (338) Peak Hour Person -Trips -473 Exfiltration System Before Change On -site Exfiltration System After Change On -site Planning District Little County Wastewater Collection Zone Havana 309 Concunency Checkoff OK SOLID WASTE COLLECTION j Drainage Subcatchment Basin G3 Solid Waste Collection Route 34 Population Increment, Residents (867) i Transportation Corridor Name Flagler Solid Waste Generation, tons/year Excess Capacity Before Change -1 110 500 j RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 1,610. Concunency Checkoff OK Land Use Policy 1.1.1 TRAFFIC CIRCULATION CIE Policy 1.2.3 Population Increment, Residents (867) Peak -Hour Person -Trip Generation -473 LOS Before Change C LOS After Change C Concurrency Checkoff OK 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 2. Proposed change is from Major Institutional, Public Facilities, Transporta- tion and Utilities designation to General Commercial designation. The former allows residential uses up to a density of 150 units per acre; the latter does not allow permanent residential uses. The proposed land use designation change is for the purpose of allowing sale of the property for planned development that is consistent with the surrounding area, at generally lower intensity than presently permitted. CM-1-IN 03/13/90 ASSUMPTIONS AND COMMENTS Population Increment Is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(Rt), 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 sever mams are assumed to be of adequate size. if not, new connections are to be installed at owner's expense. Recrestion/Open Space acreage requirements are assumed with proposed change made. . �7 11517 A �111111�1w� 111111�. v l�� l - , IIIIII♦ /���■��■�� �11111! ���11111111_„� RESTRICTED COMMPMc-tel DENSI RESIa r � 1 • • M s Q N � s•• M 1• s j. KW. • ,� _ is W. 4 S T 1 • f y QL - '. N • 1 • � • 1• \ \ D t• 11 1• • 1• If 1• /• • - • 1• tr s t>N•• t a •• e = • • • ► • • ►• \ N t• N YHWYYiwYa -� CC MINION aeeaeoeema amam WERE!11;a W11 iaiaaa5a. i`0�3a�i� i7�aMIAMI fill IpIG�� moa � ��eeeae o00A 0 10eAoe r � � ��o�doo 0oon�aa �mm�aa _ �apao� aoo aao 00 Sir . -� a�U WILp49. C11a133 'T �, � JWjjjjj ME WHOMWE WE' Ito . ��o���s�'�ep4as�e ��11011a�� �momom�m�� ��veoo�� � 1m��I1�� :im 4 0 0- RESOLUTION PAB - 33-97 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 2200 W FLAGLER STREET AND 2326 SW 11T STREET, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES," TO "RESTRICTED COMMERCIAL." HEARING DATE: April 30, 1997 ITEM NO. 6 VOTE: 4-1 ATTEST U ' - Jack Luft, Director t/ Department of Planning and Development jj CITY OF MIAMI FLORIDA- I [ LEGAL. Ni10E . All interested persons will take notice that on the 26th day of Jun,,!' 1997, 'the City Commission of Miami, Florida, adopted. the following titled ordinances: ORDINANCE NO. 1.1514 J AN EMERGENCY ORDINANCE AMENDING SECTION I OF ORDINANCE NO 11337, AS:AMENDED, ADOPTED.JANU-' `ARY'25, 1996,_IHE CAPITAL IMPROVEMENTSAPPRO= PRIAT.IONS ',ORDINANCE, THEREBY .ESTABLISHING'A ..NEW" -,CAPITAL,, --.,IMPROVEMENT PROJECT ENTITLED: i "SAFETY .INFRASTRUCTURE REPAIRS," PROJECT' NO.' 311927, TO BEGIN -DURING FISCAL YEAR 1996-1997; APPROPRIATING FUNDS FOR SAID PROJECT; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. i . ORDINANCE NO.11515 AN ORDINANCE --AMENDING THE, FUTURE LAND . USE MIAMI DAILY BUSINESS REVIEW MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN Published Daily except Saturday, Sunday and BY CHANGING THE LAND USE DESIGNATIONS OF THE Legal Holidays PROPERTY'. LOCATED AT� APPROXIMATELY` 2979 89-95 Miami, Dade County, Florida. SOUTHWEST "4TH' STREET,'. FROM 'SINGLE. FAMILY RESIDENTIAL.TO-RESIDENTIAL'DUPLEX; MAKING FIND - STATE OF FLORIDA ,INGS;.DIRECTING TRANSMITTALS TO.AFFECTED -GE.- COUNTY OF DADE: LIES; --CONTAINING A REPEALER PROVISION, AND A I Before the undersigned authority personally appeared SEVERABILITY CLAUSE; AND PROVIDING.,FOR AN EFFECTIVE'DATE. I: 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 ORDINANCE NO'11516_ f _ and Legal Holidays) newspaper, published at Miami in Dade AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ; County, Florida; that the attached copy of advertisement, ZONING ORDINANCE BY CHANGING.THE ZONING QLAS- . being a Legal Advertisement of Notice in the matter of SIFICATION, FROM R-1 SINGLE FAMILY RESIDENTIAL TO :..R-2 DUPLEX RESIDENTIAL, FOR'.THE PROPERTIES I LOCATED AT APPROXIMATELY 2979-89-95 SOUTHWEST - CITY OF MIAMI 4TH STREET, MIAMI FLORIDA, AND BY MAKING ALLTHE ORDINANCE NO. 11517 NECESSARY CHANGES ON PAGE 33°DF SAID ZONING. ATLAS;' CONTAINING A REPEALER.'PROVISION AND A - SEVERABILITY CLAUSE. II ORDINANCE NO. 1151 1 i . AN. ORDINANCE; AMENDING .TH FUTURE LAND USE - in the ......................X.?;;X2�X.......................................I t , MAP,OF THE .COMPREHENSIVE NEIGHBORHOOD' PLAN j waspublishedli he n 1newspaper e 7 r in the issues of Court, (I PROPERT EIS LOCATEDE LAND USE DESIGNATION OF THE 'AT APPROXIMATELY-2200 WEST ? . FLAGLER STREET AND 2326 SOUTHWEST 1ST STREET, FROM ."MAJOR-- INSTITUTIONAL, PUBLIC FACILITIES, 1 TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANS- ! Affiant further says that the said Miami Daily Business I MITTALS TO AFFECTED AGENCIES; CONTAINING ' A j Review is a newspaper published at Miami in said Dade I.. :REPEALER PROVISION AND A SEVERABILITY CLAUSE;. .- ! County, Florida, and that the said newspaper has heretofore AND.PROVIDING FOR AN EFFECTIVE DATE. been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and ORDINANCE NO.11518 has been entered as second class mail matter at the post AN ORDINANCE' AMENDING THE ZONING ATLAS -BY 1 office in Miami in said Dade County, Florida, for a period of j CHANGING THE -ZONING CLASSIFICATON; FROM G/I one year next preceding the first publication of the attached i GOVERNMENT INSTITUTIONAL TO C-.1 ' RESTRICTED copy of.advertisement; and affiant further says that she has COMMERCIAL, FOR THE PROPERTIES LOCATED. AT neither paid nor promised any pe 'rm or corporation rAP,PROXIMATELY 2200 WEST-' FLAGLER AND _ 2326 any disco ,rebate, comma n r refu d for the purpose SOUTHWE$T''1 ST .STREET,; MIAMI;: F,LORIDA AND, BY of sec n this adverts t r pub) all in the said � MAK;IN&rALL THE NECESSARY CHANGES ON PAGE 34. new r QF''SAID.ZONING ATLAS;. CONTAINING A REPEALER - PROVISION AND A SEVERABILITY CLAUSE I. ORDINANCE NO. 11519;. .................................. ... ................... ................. I , - AN ORDINANCE AMENDING .THE ZONING ORDINANCE ' OF_ -THE CITY OF MIAMI BY AMENDING..ARTICLE '7, "HP 10 Sw a subscribed before me tV7 r HISTORIC ,PRESERVATION OVERLAY DISTRICTS,". SUB d SECTION 704.1.1 "CONDITIONAL USE TO ALLOW SAID - ........ y of ......... . ..................... 19...... USES 'IN , RECONSTRUCTED ''`HISTORIC STRUCTURES CONDITIONALLY; CONTAINING &REPEALER PROVISION i `AND SEVERABILITY CLAUSE; AND PROVIDING FOR.AN """"""""O _ OICIALNOTAR SEAL EFFECTIVE DATE. _ (SEAL) 1P Y PU��i JANETP LLERENA ORDINANCENO 11520 l ; Z `� C� COMtASsION NUOA@ER AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL j Octelma V. Ferbeyre p o j�,WC) o me. REVENUE FUND ENTITLED: "COPS MORE 96"; AND ! t i Q CC566004 APPROPRIATING FUNDS FOR THE =OPERATION. 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