HomeMy WebLinkAboutM-95-0435J-94 1000
12/13 94
ORDINANCE NO.
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP
F THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR
E PROPERTY LOCATED AT 2725 NORTHWEST 6TH
S EET, MIAMI, FLORIDA, BY CHANGING THE LAND
US DESIGNATION FROM SINGLE FAMILY
RES EENIAL TO RESTRICTED COMMERCIAL; MAKING
FINDI GS; INSTRUCTING THE TRANSMITTAL OF A
COPY THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAIN NG A REPEALER PROVISION AND
SEVERABI ITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Plahiing Advisory Board, at its meeting of
November 16, 1994, Item No. 3, following an advertised hearing,
adopted by Resolution No.B 67-94, by a vote of eight to zero
P,
(8-0), 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, fter 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 after set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CO SSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1
Ordinance No. 10544,
The Future
as amended,
1
Land Use
the Miami
Map of
orehensive
k.-
Neighborhood Plan 1989-2000, is hereby amended by changing the
land use designation from Single Family Residential to Restricted
Commercial for the property located at 2725 Northwest 6th Street,
Miami, Florida, more particularly described as Lot 25 of Block 1,
of GROSSE POINT HIGHLANDS SUBDIVISION, Plat Book 34 at Page 82,
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
I 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
95_ 435
-2-
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
District; The Florida Department for Transportation, for
i
statutorily mandated review and comment.
i
f 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 day of
a
1995.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this
ATTEST:
day of
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
J EL E. MAXWE L
EPUTY CITY TTORNEY
M2097/JEM/mis
-3-
, 1995.
STEPHEN P. CLARK, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
04
. .Q NN II
CIT ATT R EY
7
95- A.35
1."
PLANNING FACT SHEET Pz 08
APPLICANT Edward J. Schack.
APPLICATION DATE 10/18/94.
REQUEST/LOCATION Approximately 2725 NW 6th Street.
LEGAL DESCRIPTION Lot 25, Block 1 GROSSE POINT HIGHLANDS (34-82).
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 2725 NW 6TH Street from Single Family Residential to
Restricted Commercial.
PLANNING Denial.
RECOMMENDATION
BACKGROUND AND This petition is to extend the boundary line by one lot to the west in order to
ANALYSIS include lot 25, the subject property, into the Restricted Commercial land use
designation. The Planning, Building and Zoning Department contends that the
increased densities of the commercial activities intruding into the existing low
density residential neighborhood created by this amendment are not consistent with
the future low density land use pattern that is proposed for the area and is in
conflict with Policy 1.1.3. which requires that all areas of the City be protected
from encroachment of incompatible land uses. Based on these findings, the Planning,
Building and Zoning Department is recommending denial of the application as
presented.
PLANNING ADVISORY BOARD Denial.
CITY COMMISSION
APPLICATION NUMBER 94-156
05/15/95
VOTE: 8-0.
November 16, 1994. 9 5 - 435
vow
CASE # 94-156
PAB- ITEM#3
November 16, 1994
d
ANALYSIS OF PROPOSED COMPREHENSIVE PLAN AMENDMENT No.94-16
Lot 25, Block 1, GROSSE POINT HIGHLANDS, at approximately 2725 NW 6th Street.
DISCUSSION
The subject property is a 0.17 acre parcel consisting of one (1) lot fronting
NW 6th Street, at the south half of the block bounded by NW 27th and 28th
Avenues between NW 6th and 7th Street, at approximately 2725 NW 6th Street, in
the Planning District D.
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 Single Family Residential. To
the west and south, the area is designated Single Family Residential and, to
the north and east, there is a Restricted Commercial land use designated area.
The Single Family Residential land use category permits single family
structures of one dwelling unit each to a maximum density of 9 dwelling units
per acre. Supporting services such as foster homes and family day care homes
for children and/or adults and community based residential facilities also be
allowed. Places of worship,, primary and secondary schools, child care centers
and adult day care center are permissible in suitable locations within single
family residential areas. ;
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
35- J-35
PAB 11/16/94
Item N3
Page 1 of
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1:
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.
Other permissible land uses include motels and hotels, residential facilities,
offices major sports, exhibition or entertainment facilities. Mixed -uses of
commercial, office and/or residential are also permissible within this land
use designation.
The Planning, Building and Zoning Department contends that the increased
densities of the commercial activities intruding into the existing low density
residential neighborhood created by this amendment are not consistent with the
future low density land use pattern that is proposed for the area. A change
such as this is also in conflict with certain other policies of the MCMP.
Land Use Policy 1.1.3. requires that all areas of the City be protected from
encroachment of incompatible land uses. Housing Policies 1.1.5. and 1.2.7.
require the City to preserve and enhance the general appearance and character
of the City's neighborhoods. These policies support the position that the
existing land use pattern in this neighborhood should remain the same. At the
present time, the Restricted Commercial area south of the site has sufficient
capacity to accommodate more intense commercial uses.
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>94-16amen
95- 435
PAB 11/16/94
Item #3
Page 2 of 2
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CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal No. 94.16 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: Oct. 26, 1994 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant Edward J. Schack
RECREATION AND OPEN SPACE
Address 2725 NW 6 St.
Population Increment, Residents
62
Space Requirement, acres
0.08
Boundary Streets: North:
Excess Capacity Before Change
55.12
South: NW 6 St.
Excess Capacity After Change
55.04
East:
Concurrency Checkoff
OK
West:
---------
--- -- —
POTABLE WATER TRANSMISSION
Existing Designation, Maximum Land Use Intensity
Population Increment, Residents
62
Residential 0.17 acres 9 DU/acre
2 DU's Transmission Requirement, gpd
13,799
Other 0 sq.ft.@ 0 FAR
0 sq.ft, Excess Capacity Before Change
> 2% above demand
Peak Hour Person -Trip Generation
3 Excess Capacity After Change
> 2% above demand
P dD AA A
Concurrency Checkoff
OK
ropose eslgnatlon, axlmum an se ntenslty
Residential 0.17 acres 150 DU/acre
Other 0 sq.ft.@ 0 FAR
Peak Hour Person -Trip Generation
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
26 DU's
0 sq.ft.
13
62
24
10
Little Havana
315
Q1
27
Flagler
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
SANITARY SEWER TRANSMISSION
Population Increment, Residents
62
Transmission Requirement, gpd
11,397
Excess Capacity Before Change
See Note 1.
Excess Capacity After Change
See Note 1.
Concurrency Checkoff
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 62
Solid Waste Generation, tons/year 79
Excess Capacity Before Change 500
Excess Capacity After Change 421
Concurrency Checkoff OK
TRAFFIC CIRCULATION
Population Increment, Residents 62
Peak -Hour Person -Trip Generation 10
LOS Before Change D
LOS After Change D
i
Concurrency Checkoff OK
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-21R11, Transponation 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.
95- n35 5
RESOLUTION PAB - 67-94
A RESOLUTION RECOMMENDING DENIAL 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 2725 NW 6TH STREET
FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL.
HEARING DATE: November 16, 1994.
VOTE: eight (8) to zero (0)
ATTEST:
�,ERIWY ROD IGUEZ, DIRECTOR
CANNING, BUILDING AND ZONING
95- 435 /J
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Application f
Date: '
CITY OF MIAMI
PLANNING, BUILDING AND ZONING DEPARTMENT
275 N.N. 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
Changges 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 make additions or amendments to
the comprehensive plans, or portion thereof.
If the City Commission desires an amendment
or addition, 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 6 Please Specify:
The subject property is located at 2725 N.W. 6th Street.M;_a_mi, 1 prima
AND MORE PARTICULARLY DESCRIBED AS:
Lots) 2 5
Block(s) 1
Subdivision r,RC1S.GE Pl1I.AlT i3tr1il.d NDc: p8 34-,.--�.-21 -
Page 1 of 3
95- 435 5
tom!
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 Mimi
Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan:
FROM: single family -residential
TO: restricted - commercial
Please supply a statement indicating why you think the existing plan designation is inappropriate:
The propgrtyJsyanant anri nnimprnvari_ I'- ,c aA4Acon 1- fin an A1-ialway
behind a commercial building owned by the applicants. Present
designation allows residential use only. There is little likelihood
that the property will be developed for residential use. The
present lack of use of the property adds nothing to the aesthetic
values of the neighborhood.
Please supply a statment justifying your request to change the plan to your requested plan
designation.
The applicants desire to use the property as an overflow parking
lot for the adjacent commercial property. As so developed,
including a paved surgace and a 5 foot greenbelt, the aesthetic
impact would be positive, if anything. Because the adjacent
alleyway and commercial property already has vehicular traffic, and
because the development of a parking lot would not be accompanied
by additional commercial development, there would be minimal
increase in traffic.
What is the acreage of the property being requested for a change in plan designation?
r 9 7,540 square feet ( 17acre)
t
435
Page 2 of 3
,. A00ft
Has the designation of this property been changed in the last year? No
Do you own any other property within 200 feet of the subject property? Yes If yes, has this
other property been granted a change in plan designation within the last twTmonths? No
Have you :wade a companion application for a change of zoni for the subject property with the
Planning and Zoning Boards Administration Department? T� s
Have you filed with the Planning and Zoning Boards Administration Departeept: Affidavit of
ownership? Yes List of owners of property within 375 feet of the subject property?
Disclosure o of wnership form? Yes If not, please suppi Plem.
SIGNATURE 0 DATE �U
NAME EDWARD J . S ACK
ADDRESS 1320 S. Dixie Highway,Suite 1180, Coral Gables,F1.33146
PHONE 663-3333
STATE OF FLORIDA } SS:
COUNTY OF DATE }
Edward J . Schack being duly sworn, deposes and says that he is
the er ut or z gent or er o the real property described above: that he has read
the foregoing answers and that the same are true and complete; and (if acting as agent for owner)
that he has authority to execute this petitio behalf of th owner.
(SEAL)
SWORN TO AND SUBS ED
�za.a 23� jt�
before a th da
of
0 �-.IDTAR-Y-SIAL I
ENCTARY
P.ESITA L F"FNANDEZ of U c, State A Florida at La
rg
PUBLIC STATE OF FLORIDA
MMISSION NO. CC340274
MMISSION EXP. IAN. 6.1998
MY COMMISSION EXPIRES:
Computation of Fee:
Receipt 1:
Page 3 of 3 95- 435 17
May 22, 1995
Submitted into the public
MEMORANDUM
record in connor-lion with
TO. City of Miami Commission itemon
FROM: Neighbors of 2725 N.W. 6 Street
Qily Clerk
RE: Opposition to change of land use designation for
2725 N.W. 6 Street from Single Family Residential
to Restricted Commercial.
Please be advised that the neighbors of 2725 N.W. 6 Street
continue to oppose the proposal to change a land use designation
from Single Family Residential to Restricted Commercial. We
request your denial of the appeal being made at this time and
permit the negative decision made by the City of Miami Zoning Board
on March 20, 1995 to stand.
We feel the recommendation of the Planning, Building and
Zoning department against the proposed zoning change at 2725 N.W.
6 Street as well as the reasons indicated by the neighbors at the
time of the March 20th hearing are still valid. These reasons are:
1. Vehicular traffic along streets leading to and adjacent to
the property will increase. We fear for the safety of our
children.
2. At a time where theft and crime is rising through out this
area, we are most concerned with the construction of a parking area
which could be utilized by unscrupulous individuals to disguise
unlawful activities.
3. Construction of this parking lot will increase noise,
glare, fumes and dust in the immediate neighborhood by bringing
closer to the existing residences the causes of the aforementioned
nuisances.
4. Property devaluation of the single family residences of
this area. There was a home there before, another one can be built
there in the future.
5. Approval of this change will set a precedence for future
changes. The residents would like to maintain the integrity of the
current residential classification and in this manner uphold the
current character and beauty of the neighborhood.
Attached please find photocopies of petitions signed by
neighbors of the affected area dpreviously provided to the Zoning
Boardisupporting the DENIAL of the variance.
95- 435
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95- 435