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HomeMy WebLinkAboutM-95-033795-314 4 /95 ORDINANCE NO. AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED AT APPROXIMATELY 615 NORTHEAST 62ND STREET AND 620 NORTHEAST 63RD TREET, BY CHANGING THE LAND USE DESIGNATION F OM MEDIUM DENSITY RESIDENTIAL TO RESTRICTED CO ERCIAL; MAKING FINDINGS; INSTRUCTING THE T MITTAL OF A COPY OF THIS ORDINANCE TO AFFE ED AGENCIES; CONTAINING A REPEALER PROVIS ON AND SEVERABILITY CLAUSE; AND PROVIDIIIG FOR AN EFFECTIVE DATE. WHEREAS, the P1 nning Advisory Board, at its meeting of February 15, 1995, Ite `No. 1, following an advertised hearing, adopted Resolution No. PAB,\7-95, by a vote of nine to zero (9-0), RECOMMENDING DENIAL 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, notwithstanding the\ Planning Advisory Board's recommendation, 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 nd its inhabitants to grant this Comprehensive Plan change as here i after set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CO SSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Future Land Use Map of dinance No. 10544,, as amended, the Miami Comprehensive Neighbo hood Plan 1989-2000, is hereby amended by changing the land use de 'gnation from Medium Density Residential to Restricted Commercial r the .C: JimEA BY, 9 337 monaff *a property located at approximately 615 Northeast 62nd Street and 620 Northeast 63rd Street, Miami, Florida, more particularly described as Lot 3 of Block 2, of KNIGHTS ADDITION TO LEMON CITY SUBDIVISION, and Lot 5 and the west 1/2 of Lot 7 of Block 1, of SECOND AMENDED PLAT OF FALLESEN PARK SUBDIVISION, Plat Book 4 at page 19, of the Public Records of Dade County, Florida. Section 2. It is hereby found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of 10 units per acre or less or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres; (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 the subject of a Comprehensive Plan change within the last year. . Section 3. The City Manager is hereby instructed to direct the Director of Planning, Building and Zoning to transmit a copy of this Ordinance immediately upon approval of second reading to Linda Shelley, Secretary, Florida Department of Community Affairs, Tallahassee, Florida, The South Florida Regional Planning Council; The South Florida Water Management -2- 95- 337 0 District; The Florida Department of Environmental Protection; and The South Florida Department of Transportation, for statutorily mandated review and comment. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. 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 after final reading and adoption thereof pursuant to Section 163.3189, Florida Statutes (1993). PASSED ON FIRST READING BY TITLE ONLY this , 1995. day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this ATTEST: day of MATTY HIRAI, CITY CLERK PREPARED °AND APPROVED BY: tjC . ld 'r'// (YEPUTY EL E. MAXWELL CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: a�"///z el_�1.11 . I A. QL NN J E I I CITY ATT EY M2140/J /mis -3- 1995. STEPHEN P. CLARK, MAYOR 95- 33"7 n APPLICANT APPLICATION DATE REQUEST/LOCATION PLANNING FACT SHEET Yeong Yuh Shen and Yu Ching Fu Shen. 12/15/94. 615 NE 62nd Street and 620 NE 63rd Street. Pt- 7 LEGAL DESCRIPTION Lot 3, Block 2, KNIGHTS ADDITION TO LEMON CITY and, Lot 5 and W 1/2 of Lot 7, Block 1, SECOND AMEND. PLAT OF FALLESEN PARK, (4, 19). PETITION Consideration of amending Ordinance 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, Future Land Use Map, by changing the land use designation at approximately 615 NE 62nd Street and 620 NE 63rd Street from Medium Density Residential to Restricted Commercial. PLANNING Approval. RECOMMENDATION BACKGROUND AND The land use petition is in order to move the Restricted Commercial boundary line ANALYSIS east, and extend this designation to include the subject properties. The Planning, Building and Zoning Department contends that the increased densities created by this change will not have additional impact on the existing conditions in the area �Q created by the commercial use. MCNP Land Use Objective 1.3. requires the City to y5' encourage commercial development within the existing commercial areas. The ✓ " recommendation of the Department is for approval. PLANNING ADVISORY BOARD Denial. CITY COMMISSION APPLICATION NUMBER 94-163 04/13/95 VOTE: nine to zero (9-0) February 15, 1995. 95- 337 Page 1 Whk CASE # 94-163 PAB- ITEM#1 February 15, 1995 ANALYSIS OF PROPOSED COMPREHENSIVE PLAN AMENDMENT No.94-20 Lot 3, Block 2, KNIGHTS ADD. TO LEMON CITY and, Lot 5 and West 1/2 of Lot 7, Block 1, SECOND AMEND. PLAT OF FALLESEN PARK, at approximately 615 NE 62nd DISCUSSION The subject property is a 0.32 acre parcel in the block bounded by Biscayne Boulevard, NE 62nd and NE 63rd Streets and the Bay, at approximately 615 NE 62nd Street and 620 NE 63rd Street, in the Planning District E. MCNP Land Use Policy 1.6.1., establishes future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The location is currently designated Medium Density Multifamily Residential. To the east, north and south, the area is designated Medium Density Multifamily Residential. To the west, the area is designated Restricted Commercial. This petition is to change the land use designation from Medium Density Multifamily Residential to Restricted Commercial in order to extend into the eastern part of the block the Restricted Commercial land use designation. The Medium Density Multifamily Residential land use category permits multifamily structures up to low-rise apartment structures to a maximum density of 65 dwelling units per acre and lower density residential structures. Permissible uses include accessary commercial and office activities in the same building that are intended to serve the retailing and personal services needs of the immediately surrounding neighborhood and community -based residential facilities (14 clients or less). PAB 02/15/95 9 5 _ 33,7 Item #1 Page 1 of 2 The Restricted Commercial category accommodates commercial activities that generally serve the daily retailing and service needs of the public. Residential uses up to high density multifamily, including hotels, are also permissible within this land use category. Commercial uses include general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities whose scale and land use impacts are similar in nature to those uses described above. The Planning, Building and Zoning Department contends that the increased densities created by this amendment will not have additional impact on the existing conditions in the area created by the commercial use. MCNP Land Use Objective 1.3. requires the City to encourage commercial development within the existing commercial areas. The change also, would be consistent with Policy 1.1.3. which requires that all areas of the City be protected from encroachment of incompatible land uses. Together these objective and policies argue that the existing land use pattern in this area should be changed. In addition, Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon the 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.). The attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. Doc:[robert]<robert>94-20amen PAB 02/15/95 Item 1 3 5 r 337 Page 2of 2 �. o CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 94.20 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 01/03/95 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant James Shen RECREATION AND OPEN SPACE Address 6201 Biscayne Blvd. Population Increment, Residents 89 Space Requirement, acres 0.12 Boundary Streets: North: N.E 63 St. Excess Capacity Before Change 55.12 South: N.E. 62 St. Excess Capacity After Change 55.00 East: Concurrency Checkoff OK West: POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Intensity Population Increment, Residents 89 Residential 0.32 acres 65 OU/acre 21 DU's Transmission Requirement, gpd 19,976 Other 0 sq,ft.@ 0 FAR 0 sq.ft. Excess Capacity Before Change > 2% above demand Peak Hour Person -Trip Generation (see Note 2) 20 Excess Capacity After Change > 2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.37 acres 150 DU/acre 56 DU's SANITARY SEWER TRANSMISSION Other 0 sq.ft.@ 0 FAR 0 sq.ft. Population Increment, Residents 89 Peak Hour Person -Trip Generation Isee Note 2) 28 Transmission Requirement, gpd 16,498 Excess Capacity Before Change See Note 1. Net Increment With Proposed Change: Excess Capacity After Change See Note 1. Population 89 Concurrency Checkoff WASA Permit Required Dwelling Units 35 Peak Hour Person -Trips 8 STORM SEWER CAPACiTY Exfiltration System Before Change On -site Planning District Upper Eastside Exfiltration System After Change On -site County Wastewater Collection Zone 308 Concurrency Checkoff OK Drainage Subcatchment Basin D1 Solid Waste Collection Route 2 SOLID WASTE COLLECTION Transportation Corridor Name Biscayne Population Increment, Residents 69 Solid Waste Generation, tons/year 114 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 386 Concurrency Checkoff OK Land Use Policy 1.1.1 TRAFFIC CIRCULATION CIE Policy 1.2.3 Population Increment, Residents .89 Peak -Hour Person -Trip Generation 8 LOS Before Change B LOS After Change B Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary sewer connection must be issued by Population Increment Is assumed to be ell new residents. Peak -period trip Metro -Dade Water and Sewer Authority Department (WASA). Excess Capacity, if any, is currently not known. 2. Person -trip generation rates differ for medium density (apartment) and high density (high rise) residential development, generation Is based or. ' : Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger , ,:titles. Transportation Corridor capacities and LOS are from Table PT-2(RI), 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. CM 1 iN 03/13/90 95- 337 5 RESOLUTION PAB - 7-95 A RESOLUTION RECOMMENDING DENIAL OF AMENDING ORID' ,ICE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1989-2000, FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 615 NE 62ND STREET AND 620 NE 63RD STREET FROM MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL. HEARING DATE: February 15, 1995. VOTE: nine to zero (9-0) ATT, ST.. G o/v R RI EZ, DIRECTOR �LANNING, BUILDING AND ZONING 95- 337 7 ft !.i .r -MI.-At MU41 1 so r. el go '9y -z.© Application I '-41-414 Date: CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT 275 N.W. 2 STREET MIAMI, FLORIDA 33128 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City of Miami, Periodic review, additions and amendments to the adopted comprehensive plan, reads as follows: Periodically, but not less often than once in five (5) years or more often than once in two (2) years, adopted comprehensive plans, or a portion thereof, shall be reviewed by the Planning Advisory Board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof or other reasons make it necessary or beneficial to sake additions or amendments to the comprehensive plans, or portion thereof. If the City Commission desires an amkndment or audition, it may on its own motion, direct the Planning Department to prepare such amendment for submission to and review by the Planning Advisory Board. The Planning Advisory Board shall make a recommendation on the proposed plan amendment to the City Commission within a reasonable time as established by the City Commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the same as the procedure for original adoption. This petition is proposed by: ( ) City Commission ( ) Planning, Building and Zoning Department ( Zoning Board ( Other i Please specify: f�jz4- The subject property is located at 001S 0 00 s'(� '� &20 I -Ala, &e'>gW' SF, AND MORE PARTICULARLY DESCRIBED AS: Lot(s) 2P Block(s) 'L. --- 9 5- 337 1 5 Subdivision V-�..11C,A-���..- 04tvi-Tin-1 N CXTA . ALL) 5 + W %2 br- -7 ra)Lo:�:.r- 1 or- "Jr- "J PA17- .- (,A 1 q 1 Page 1 of 3 L7 T14 The undersigned being the owner or the representative of the owner, of the subject property do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: AL Please supply a statement indicating why you think the existing plan designation is inappropriate: Please supply a statement justifying your request to change the plan to your requested plan desinnation. a hat is the acreage of the property being requested for a change in plan designation? !� C' CXL , Page 2 of 3 9 5 - 337 Has the designation of this property been changed in the last year? O-C) - Do you own any other property within 200 feet of the subject property? -L--,'•• If yes, hasIthis other property been granted a change in plan designation within the last t e ve months? Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning boards Administration Department? c �T Have you filed with the Planning and Zoning Boards Administration Department: Affidavit of ownership? List of owners of property within 375 feet of the subject property? Disclosure of o ers ip form? „V If not, please supply them. SIGNATURE DATE Z Z ZX will ADDRESS ? .2 � C , Ski /I� J/Z C� y GAY d'L ✓ PHONE STATE OF SS: COUNTY OF •SATE- . 1As r?nT&S SHi being duly sworn, deposes and says that he is t e er Aut oriZe Agent or er o the real property described above: that he has read the ego g answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on kehalf of the_ owner _ SWORN TO AND SUBSCRIBED before me this .1.S-- da of "k 19Q . MY COMMISSION EXPIRES: roj 2t.4• Computation of Fee: Receipt 1: (SEAL) g COMM. 109b517 NOtory PubNc — CofforNc 1 LOS ANGELES COUNTY My Comm. E FE , 1907 otary Pu c, Stat CA��a�v►�r Page 3 of 3 95- 337 I 6 A F F 1 0 A V I T STATE �F ;LOAIDA } } SS j COUNTY OF JADE } Before ", the undersigned authority, this day personally appeared DLr.16.5 It--t"t.N 4:1, who being by me first duly sworn, upon oath, deposes and s s: 1. That he is the owner or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the charge or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, siting addresses, phone numbers and legal descriptions for the the real property of which he is the owner legal rres epentative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are,true acid correct. Further Affiant sayeth not. L16, Y/'O' (SEAL) Sworn to and Subscribed before an this � day of , 19 �if ' ,' ' CECIlIA Pi►o KUO TSENG t COMM. i 0ege3s z Notwy PUAc: — Ccsifomia Z . LOS ANGELES COUNTY w My Comm. Expires MAR 31 1997 Notary Pupic, St a of Florida at Large ' 9 5 - 337 My Commission Expires: MAP. 3 /. / 9 q � OWNER'S LIST Owner's Name �s Mailing Address Telephone Number Legal Description: Owner's Name 7,, Mailing Address b20I /33cc,yt4-V 1-30v-cK Telephone Number Legal Description: Owner's Nave Mailing Address Telephone Number _ Legal Description: Any other real estate property coed individually, jointly, or severally (by corporation, partnership or privately) within ... feet of the subject site is listed as follows: Street Address Legal Description Street Address Legal Description Street Address Legal Description 95-- 337 iq I DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: e F 14J 1 G*0:6 44=4 -n Ow3 -ra L*-nror,,) CA-" �1✓*r S ,4+10 '-,�T l2 p F- Lt?r 7. I b S��t�1oiJ pL-v6--t" of F �P2K, F�•-r y'- 2. Owner(s) of subject real property and percentage of ownership. Note: City of Mimi Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Coea:ission. Accordingly, question i2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question /Z, and (b) located within 375 feet of the subject real property. Lots 1 & 2 Block 2 KP;IGflTS ADDITION TO LEMON CITY (A-26) Lots 1 & 3 Block 1 SECOND STATE OF FLORIDA } SS: COUNTY OF DADE } MENDED PLAT OF FALLES OWNER PARK (4-19) being duly sworn, deposes and says that he is the (Owner (Attorney for Owwr) of the real property described in answer to question 01, ve; that M has read the foregoing answers and that the sass are true and co"Itte; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership fors on behalf of the ownr., SWORN TO AND SUBSCRIBED before a this , day of 19 90 Mr C"ISSION EXPIRES: y5- 337 - COMM. i 9@9835,-V Notary PLBc — Ccwawnto LOS ANGEL ES COUNTY Comm. Eac, :,• VAR 31. IS z a