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HomeMy WebLinkAboutO-11207J-94-950 12/1/94 11 1 0'7 ORDINANCE NO. AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN'S GOALS, OBJECTIVES AND POLICIES, INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, SINGLE FAMILY, DUPLEX, AND MEDIUM DENSITY. MULTIFAMILY RESIDENTIAL LAND USE PARAGRAPHS BY INCLUDING PROFESSIONAL OFFICES, TOURIST AND GUEST HOMES AND MUSEUMS AS PERMITTED LAND USES ONLY WITHIN DESIGNATED HISTORIC SITES OR HISTORIC DISTRICTS IN SINGLE FAMILY, DUPLEX, AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE CATEGORIES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission on February 9, 1989, adopted Ordinance No. 10544, the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP); and WHEREAS, the adopted "Goals, Objectives and Policies" of the MCNP contain a section entitled "Interpretation of the Future Land Use Plan Map" wherein a description is given of the various types of land uses that are permitted within the various land use categories established by the MCNP; and WHEREAS, the adopted "Goals, Objectives and Policies" of the MCNP encourage the preservation and protection of the heritage of the City of Miami through the adaptive reuse of Miami's historic and architectural resources; and WHEREAS, the City of Miami desires to allow professional offices, tourist and guest homes and museums as permissible uses only within designated historic sites or historic districts 11207 within the "Single Family Residential," "Duplex Residential," and "Medium Density Multifamily Residential" land use categories; and WHEREAS, the Miami Planning Advisory Board, at its meeting of October, 19, 1994, following an advertised hearing, adopted Resolution PAB 63-94 by a vote of five to one (5-1), RECOMMENDING APPROVAL with conditions of the amendment to Ordinance No. 10544 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 public welfare of the City of Miami and its inhabitants to amend Ordinance No. 10544 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. Ordinance No. 10544, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by amending the text of said ordinance as follows: I/ "Goals, Objectives., Policies s s s Interpretation of the Future Land Use Plan Map s s : Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 11207 Single Family Residential: Areas designated as "Single Family Residential" allow single family structures of one dwelling unit each to a maximum density of 9 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as foster homes and family day care homes for children and/or adults; and community based residential facilities (6 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within single family residential areas. Duplex Residential: Areas designated as "Duplex Residential" allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenanoe of required levels of service for facilities and services included in the City's adopted ooncurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also. will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. 207 ZIN Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services. included in the City's adopted concurrency management requirements. ' Supporting services such as community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community - based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal service needs of the building or building complex, places of worship, primary and secondary schools, and accessory post -secondary educational facilities. s � s Section 3. The City Manager is hereby directed to instruot the Director of the Planning, Building and Zoning Department to submit the required number of copies of this Ordinance together with required supporting materials to the Florida Department of Community Affairs for its review and comment. Section 4. All ordinances or parts of ordinance insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 11207 -4- Section 5. If any section, part of this 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 17th day of November 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 1st day of Deoember 199 �., STEPNEN P. CLARKJ MAYOR Ll HIRAI, CITY CLERK PREPARED AND APPROVED BY: � j �v `k, 4jdl ?0 L E. MAXWE D IITY CITY AT ORNEY APPROVED AS TO FORM AND CORRECTNESS: A. Q INN ES II CITY AITNEY JEM/mis/M2085 11207 PLANNIN G FACT SHEET PZw 4 ♦ APPLICANT City of Miami Planning, Building and Zoning Department APPLICATION DATE REQUEST/LOCATION Consideration of amending the text of the Miami Comprehensive Neighborhood Plan 1989-2000, as amended, to include adaptive uses for historic properties within the single family, duplex, and medium density multifamily residential land use categories. LEGAL DESCRIPTION PETITION Consideration of amending the text of Ordinance 10544, as amended, the Miami - Comprehensive Neighborhood Plan 1989-2000, by amending the "Interpretation of Future Land Use Map" to allow professional offices, tourist and guest homes, museums, and private clubs or lodges among the land uses permitted only within designated historic sites or historic districts within the Single Family, Duplex, and Medium Density Multifamily Residential land use categories. PLANNING Approval. RECOMMENDATION BACKGROUND AND The requested amendment to the text of the Comprehensive Plan is for the purpose of ANALYSIS permitting adaptive uses for properties in residential districts which have been designated as historic sites by the Historic and Environmental Preservation (HEP) Board. One of the goals of the Comprehensive Plan is to encourage the preservation and protection of the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic, architectural and archaeological resources. In certain cases, adaptive uses are necessary to assure the continued preservation of historic sites. This amendment recognizes the types of uses that may be appropriate and makes provisions to permit them in suitable locations in residential districts. These uses are subject to the provisions of Zoning Ordinance No. 11000, as set forth in Article 7: HP Historic Preservation Overlay Districts, which requires review and approval by the HEP Board. These provisions restrict the adaptive use to designated historic sites or historic districts which require a new use to assure their continued preservation. Not every historic building is eligible for this use. The adaptive use is permitted only if the historic building is preserved. If the building is destroyed or damaged beyond repair for any reason, the adaptive use would no longer be permitted. PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER 94-152 10/20/94 Approval with changes. VOTE: five (5) to one (1) Passed on First Reading. October 19, 1994 1120'7 Page 1 RESOLUTION PAB - 63-94 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE TEXT OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE "INTERPRETATION OF FUTURE LAND USE MAP" TO ALLOW PROFESSIONAL OFFICES, TOURIST AND GUEST HOMES, MUSEUMS AND PRIVATE CLUBS OR LODGES AS PERMISSIBLE USES ONLY WITHIN DESIGNATED HISTORIC SITES OR HISTORIC DISTRICTS WITHIN THE SINGLE FAMILY, DUPLEX AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE CATEGORIES, AS AMENDED BY THE PAB TO INCLUDE LANGUAGE WHICH SPECIFIES THAT SUCH USES ARE SUBJECT TO THE APPROVAL OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. HEARING DATE: October 19, 1994 i VOTE: five (5) to one (1) ATTEST: le,V� S 10 RODRIGUEZ, DIRECTOR ANNING, BUILDING AND ZONING 11207 r 71 W 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. Ferbeyrs, who on oath Says that she is the Supervisor, Legal Notices of the Miami Deily Business Review o iami Review, IpeSaturday, temueandLegal Hdaysnewpaper,ublishd at nDad County, Florida; that the attached Copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11207 In the ...................... XXMXX....... . ..... I......................... Court, was published In Bald newspaper In the Issues of Dec 14, 1994 Afflant further says that the said Miami Daily Business Review Is a County, Florida, and that ter hesaidnewsd atpaper has heretosaid fde ore been continuously published in Bald Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in Bald 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 person, firm or corporation any discount bate, Commission for the purpose of securin his advertlssme blic tlon in the said newspa ............................................ Sworn to and subscribed before me this ...1.day ...-.W .... bar -� 94 '('SEAL) — ALiNr-- E. PFNA LNIOTARY FUDL1C S'I'.a.7:{ OF FIAB Octelma VFerbeyre personally k COMMI;SION N.7. CC 1T1109 tMI;SION EXP. JAN. 6,19