The URL can be used to link to this page

Home My WebLink AboutO-10850J-90-388 06/22/90 ORDINANCE No. 10850 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT APPROXIMATELY 35-87 NORTHEAST 52ND TERRACE AND 30-58 NORTHEAST 53RD STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO DUPLEX RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 25, 1990, the City Commission passed Motion No. 90-83 modifying, on First Reading, Ordinance No. 11000, the New Zoning Ordinance by changing the zoning classification for all the Miami Jewish Home & Hospital for the Aged property located in the area of N.E. 2 Avenue and 52 Street from CG-2/7 to G/I (Government/Institutional); further instructing the Planning Department to conduct a study of the area and bring back a recommendation at the time of the second reading of the New Zoning Ordinance; and WHEREAS, the Miami Planning Advisory Board, at its meeting Of June 6, 1990, Item No. l(c), following an advertised hearing, adopted Resolution No. PAB 40-90, by a 9 to 0 vote, 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: 10850 "N Section 1. The Future Land Use Map of Ordinance No. 10844, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the designation, from Major Public Facilities, Transportation and Utilities to Duplex Residential, of those certain parcels of property located at approximately 35-57 Northeast 52nd Terrace and 30-58 Northeast 53rd Street, Miami, Florida, more particularly described as Lots 5, 6, 7, 14, 15 and 16, Block 1, ORCHARD VILLA TR 3D SEC, according to the plat thereof, as recorded in Plat Book 9 at Page 30 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 5 acres or less and a density of 5 units per acre or less or involves other land use categories, singularly or in combination with residential use, of 3 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 30 acres; c. The property which is the subject of this amendment has not been the specific subject of a Comprehensive Plan change within the last year; and d. The herein amendment does not involve the same owner's property within 200 feet of property provided a Comprehensive Plan change within the last 12 months. Section 3. The City Clerk is hereby directed to transmit a copy of this Ordinance immediately upon approval of first reading to Thomas Pelham, Secretary, Florida Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100, for 90 day review and comment. -2- 10850 Seotion 4. All ordinanoes or parts of ordinanoes insofar as they are inoonsistent or in oonfliot with the provisions of this Ordinanoe are hereby repealed. Seotion B. If any seotion, part of this seotion, paragraph, olause, phrase or word of this Ordinanoe is deolared invalid, the remaining provisions of this Ordinanoe shall not be affeoted. Seotion 6. This Ordinanoe shall beoome effective forty-five (45) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 26th day of July , 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of February 19 XAVIER L S AREZ, MYOR IS FA= M..fir e�v CITY CLERK PREPARED AND APPROVED BY: L L E. M LL C IEF ASSI ANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO E L. FE ANDEZ CITY ATTORN Y JEM/db/M636 -3- 10850 SERGIO RODRIGUEZ, AICP Director j CESAR H. ODIO City Manager March 13, 1991 Mr. B..Jack Osterholt, Executive Director South Florida Regional Planning Council 3440`Hollywood Boulevard, Suite #140 Hollywood,.F, 33021 Re: Second Transmittal of Amendment Application No. 90-18, to the Miami. Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Osterholt: The City of Miami, on February 28, 1991, adopted Ordinance 10850 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This proposed amendment is a small scale development activity and, according to Chapter 163.3187, was submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987 and Rule. 9J-11.011, Florida Administrative Code; and the direction of the Department of Com unity Affairs (DCA), I am pleased to provide you with a copy of these documents consisting of: - One (1) copy of MCNP Lazed Use Plan Map Amendment Ordinance 10850 as adopted, (Attachment 90-18-2 A); - One (1) copy (for reference purposes only) of the support documents on which recommendations are based, (PZ-8, City Commission Meeting of February 28, 1991) (Attachment 90-18-2 B); Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 5 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 l If, in the 45 days review process, there are points that need clarification, you may contact Joseph McManus, Assistant Director, Planning, Building and Zoning Department, at (305) 579-6086. Setgio Rodriguez, Director Planning, Building and Zo Department Attachments cc: Matty Hirai, City Clerk Guillermo E. Olmedillo, Deputy Director Planning, Building and Zoning Department Joseph W. McManus, Assistant Director Planning, Building and Zoning Department Elbert L. Waters, Assistant Director Planning, Building and Zoning Department Clark P. Turner, Planner General Planning Robert Lavernia Zoning Code Administration Doc:[robert]<robert>transm/90-18 Page 1 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) (letter only) I x1f 5ERGIO RODRIGUEZ, AICP Director CESAR H. ODIO City Manager March 13, 1991 Mr. Ralph Hook, Community Programs Administrator Florida Department of Camm ni-ty Affairs (DCA) Division of Resource Planning and Management Bureau of Local Planning 2740 Centerview Drive Tallahassee, FL 32399-2100 Re: Second Transmittal of Amendment Application No. 90-18, to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Hook: The City of Miami,. on February 28, 1991, adopted Ordinance 10850 amending the Miami. Comprehensive Neighborhood Plan 1989-2000 (N1CNP). This proposed amendment is a small scale development activity and, according to Chapter 163.3187, was submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with four (4) copies of these documents consisting of: One (1) copy of MCNP Land Use Plan Map Amendment Ordinance 10850 as adopted, (Attachment 90-18-2 A); One (1) copy of the support documents on which recormlendations are based, (PZ-8, City Commission Meeting of February 28, 1991) (Attachment 90-18-2 B);' As directed in Mr. Paul Bradshaw's letter of May 21, 1990, we are forwarding one (1) copy of these documents to the Executive Director of the South Florida Regional Planning Council. Page 1 of 2 /+Ct� Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 1 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233 0708 Mr. Ralph Nook March 13,1991 If, in the 45 days review process, there are you may contact Joseph McManus, Assistant Director, Planning Building and Zoning Department, at (305) 579-6086. Sincerely, Sergio Rodri ez,` 1rec or Planning, B ilding and Zoning Department SR/rl Attachments cc: Matty'Hirai, City Clerk Guillermo E. Olmedi.11o, Deputy Director Planning, Building and Zoning Department Joseph W. McManus, Assistant Director Planning, Building and Zoning Departrnent Elbert L. Waters, Assistant Director Planning, Building and Zoning Department Clark P. Turner, Planner General Planning Robert Lavernia Zoning Code Administration Doc:[robert]<robert>transm/90-18 Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) (letter only) • PLANNING FACT SHEET APPLICANT City of Miami Planning Department: April 18, 1990 PETITION Lots 5, 6, 7, 14, 15 and 16 Block 1 ORCHARD VILLA TR 3d SEC (9-30) PRDC Per City Commission Motion 90-83 January 25, 1990, consideration of amending Ordinance 10544, as amended, Miami Comprehensive Neighborhood Plan 1989-2000, Future Land Use Plan Map by changing the land use designation of the subject Property from Major Public Facilities Transportation and Utilities to Duplex Residential. (Note: This it=to Florida Department of 1 Communi tyn smitted Affairs for the 90 day review, following 1st reading, if approved by the City Commission.) REQUEST To amend the Miami Comprehensive Neighborhood Plan 1989-2000 by changing the land use designation the subject property to either Major Public Facilities, Transportation and Utilities, or Duplex Residential. RECOMMENDATION PLANNING DEPARTMENT Approval. BACKGROUND On January 25, 1990, during discussion of 1st reading of new Zoning Ordinance 11000 the Commission passed the following motion: MOTION 90-83 "A MOTION CHANGING THE ZONING CLASSIFICATION FOR ALL THE MIAMI JEWISH HOME, AND HOSPITAL FOR THE AGED PROPERTY LOCATED, GENERALLY, IN THE AREA OF N.E. 2 AVENUE AND 52 STREET, FROM CG-2/7 TO G/I (GOVERNMENT/INSTITUTIONAL); FURTHER, INSTRUCTING THE PLANNING DEPARTMENT' TO CONDUCT A STUDY OF THE AREA AND BRING BACK A RECOMMENDATION AT THE TIME OF THE SECOND READING OF THE NEW ZONING ORDINANCE." 10850 FURTHER, INSTRUCTING THE PLANNING DEPARTMENT TO CONDUCT A STUDY OF THE AREA AND BRING BACK A RECOMMENDATION AT THE TIME OF THE SECOND READING OF THE NEW ZONING ORDINANCE." ANALYSIS The "Major Public Facilities, Transportation and Utilities" land use category permits the development of major concentrations of national, state and local government activities, as well as major public health or educational facilities. This amendment is intended to provide all the properties of the Miami Jewish Home and Hospital for the Aged the same MCNP land use designation ' and provide a separate land use designation for tho,e properties in the immediate area, now designated "Major Public Facilities, Transportation and Utilities", not part of the Home. The lots included in 2a. and 2b. are being used by the Home. The lots included in 2c., now designated "Major Public Facilities, Transportation and Utilities" are not. The MCNP, Land Use Goal 1 requires the City to promote the efficient use of land and minimize land use conflicts. 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 goals and policies argue that the existing land use pattern in this neighborhood should be changed. These amendments would be included in the second and last annual (1990) submission to the Florida Department of Community Affairs in June 1990. (See Concurrency Management Analysis attached) PLANNING ADVISORY BOARD At its meeting of June 6, 19909 the Planning Advisory Board adopted Resolution PAB 40-90 by a 9-0 vote, recommending approval of the above. Two replies AGAINST and five replies in FAVOR were receive by mail. CITY COMMISSION At its meeting of July 26, 19900 the City Commission passed the above on First Read- ing. 10850 C�L s i niii i. ordinance mq* � 10544 MCNP 1909-2000 -2000 Approx. NE 50th 5-57 Terr. & 51 St. F Terr. � N.E. Approx. NE 52 Street & 52 Terr. • )r From SF & • MD Res. To Major xion, Public ies Facilitiev I I - 1 1. 1 1 - DmIv 2 Ip roJj 4 Al 41 �h 7 lt'V�I rA M L Ordinance 10544 MCNP 1989-2000 Approx. N.E. 52 'Ordinance 10544 ST. and N.E. iCNP 1989-2000 52 Terr. between N. Miami Ave. !PPLUX: 35-57 and N.E Miami E. 52nd Terr. Place 'nd 30-58 N.E. '3rd St. From: Single Fam and Medium Dens. rom: Major Multi -family ublic REs. and Duplex acilities, ransportation To: Major Public nd utilities Facilities, otransportation, : Duplex Res. and utilities AB 6/6/90 PAB 6/6/90 10850 5 CONCORRENCY MANAGSIMT ANALYSIS c= or Kum PLANN2NG DEPARian r oposal No. & 90-7 nwar or PRoPosm Ass wNw To LAND on MAP ates 03/03/90 wnw= A TRAMWMATI= CORRIDOR ANNOUIIT DWONWZCW + 1 1 CoNCURMUCY ANALYSIS Appllaant City of Nis" PLnninq Dept. I I I RECREATION Mo ova SPACE 1 Address Various on M.E. SO Ter., 31 St., 32 St., I Population Iaoresent, Aesidents 940 1 32 Tar., and 33 It. I space Requirement, acres 1.22 1 Boundary atreetas Marths N.E. 33 St. ( CRoesa Capacity sofa" Change 35.31 1 Scathe M.E. 30 Ter. ( Ezaesn Capacity Attar Charge 33.09 1 Easts N.E. 2 Ave, I Coneursenay Checkoff OR I waste N. Miami Ave. I t i POTAMW NATER TRAIMBSION Ezistsnq Designaesoa, Mazlaum Land Use Intensity I Population Increment, Raidsnesfro 1 I Residential 4.46 acne f is DU/acre s0 DUOS I Traaaniasion Aequirammt, qpd 2100338 1 Other 0 sq.ft.s 0 riot Peak Hour Person -Trip Generation 0 sq.ft.I 227 tunes Capacity Before change 3020 above domed I 1 Ezoess Capacity After Change 3.21 above demand 1 Comourrenoy Checkoff of I Proposed Designation, Madsen Load Use Intensity I I Residential 4.46 cares s 100 Wants Ns DUO I SAMITARY BENZR TRANNNMZ N 1 other 0 eq.ft.1 0 PAR 0 sq.ft.) fapelaCloa Increment, Renidents fes0 Peak Hour Pecsos-?sip Generation 10261 I Transmission Regoisea+eet, qpd MOM 1 I Eaoesa Capacity Before Change >20 abort domed I I Het Increment with Proposed Changes I Esossa Capacity After Change fat above do"" 1 I Population 940 1 leOay Chaekoff Be owellinq Units 366 ( 1 Peak Hour Person -Trips 1,034 ( $TORN SZNER CAPACITY 1 I Esfiltratioa System Before Change oft"ite Planninq District Edison 1 EaMtratica systan Alter change osa-eite I I County wastewater Collection toss 300 I Cosaarrenay Chewwfl of I Dreinago suboatapaent Basin EE I I I solid waste collection Route 6,7 I SOLED WASTZ COLLCM011 1 Transportation Corridor Mate Blaoayne I Population Increment, Residents 040 1 1 i Solid waste Generation, tons/year 1203 1 I games Capacity Before change 1300 1 I RELEVANT NCNP GOAN, QLN=rm, AwD POLICIES I Esasas Capacity After Change 297 1 1 Land Use Policy 1.1.1 I Com"reacy Checkoff OE I 1 I CIE Policy 1.2.3 1 TRAMC CIRCULATION 1 I Population Increment, Reeidents 940 1 1 I Peak -hour Person -Trip Generation 1,034 1 1 I Los sofa" Change I I I Los After Chan" C I 1 I ( Ccncurrenay, aowwff OE I NOTES I { I Assm"ous AND cow=ws I i Population increment is assumed to be all now residents. Peak-1 I period trip geoeration frog ITZ Trip Gaseratioa, Ith Edition. L f Potable water and Wastewater transmission capacities are in r I AGAIGN aaoe With Notso-Dads County stated "position and are 1 I assumed correct. Service connections to Water Sad se-er I seine are assumed to be of adequate sizes if not, new ooaseo- I- I tioas to be installed at owner's eapeass. Rearestion/opee i 1 space acreage requirements and Traffic circalation We i 1 I balances assume proposed ahaage. Transportation Corridor I I capacities and LOS from Table PT-2(RI), Data and Analysis. CM I _1_1N 03/13/90 1 I 10850 M-W -.N 90jAW23S A fit F FLURIDA y DEP/�R��T ��, OF COMMUNITY S'w14 0024 A F F A I RS 2 7 J 0 1. E N T E R V I E IV1 O R I V E • T A t I. A N A S S t I, 11 0 R 1 1) A I: ( 9 4•; I II Q Lawton Chiles c„r,,,,, January 18, 1991 The Honorable Xavier L. Suarez Mayor of Miami City of Miami P.O. Sox 330708 Miami, Florida 33233-0708 Dear Mayor Suarez: 1110kiAS (;. Ptuml 4r Mau. 90 ,. / a CFO — 0 To -- 0 So —('? The Department has completed its re of the proposed comprehensive plan amendment (Amendmen 91-S1 for the City of Miami which was submitted on September , 1990. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendments for consistency with Rule 9J-5, Florida Administrative Code, Chapter 1634 Part II, Florida Statutes, and the adopted City of Miami comprehensive Plan. The Department raises no objections to the proposed amendment, and this letter serves as our Objections, Recommendations and Comment Report. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code. Upon receipt of this fetter, the City of Miami has 60 days in which to adopt, adopt with changes, or determine that the City of Miami will not adopt the proposed amendments. The process for adoption of local comprehensive plan amendments is outlined in s.163.31841 Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. Within five working days of the date of adoption, the City of Miami must submit the following to the Department: Five copies of the adopted comprehensive plan amendment; A copy of additional changes not previously reviewed; EMERGENCYMANAGEMENT ..HnUS1NG A`D (()%1NU%1II u1%IIOI'NI %I Is RI ♦I It R( 119 A1,1%(. A`D %IA.AW%11 %1 10850 (�a The Honorable Xavier L. Suarez January 18, 1991 Page Two A copy of the adopted ordinance; and A listing of findings by the local governing body, if any, which were not included in the ordinance. The above amendment and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. As a deviation from the requirement above, you are requested to provide one of the five copies of the adopted amendment directly to the Executive Director of the South Florida Regional Planning Council. The regional planning councils have been asked to review adopted amendment to determine local comprehensive plan compliance with the Comprehensive Regional Policy Plan. Your cooperation in this matter is appreciated. If you have any questions, please contact Robert Pennock, Bureau Chief at (904) 487-4545. Sincerely, Robert G. Nave, Director Division of Resource Planning and Management RGN/ddp cc: Joseph W. McManus, Assistant Director, Planning, Building and Zoning Department 10850 w MIAMI 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 Sookle Williams, who on 6alh says that she Is the Vice President of Legal Advertising of the 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 OIL' MIAMI Ordinance No. 10850 In the ..... ?C.?i.?X............................ Court, was published In said newspaper In the Issues of March 20, 1991 Afflant further says that the said Miami Review Is a reaper published at Miami In said Dade County, Florida, that the said newspaper has heretofore been continuously fished in said Dade County, Florida each day (except rday, Sunday and Legal Holidays) and has been entered as find ass mail matter at the post office In Miami In said r o ty, Florida, for a period of one year next preceding rat blicatlon of the attached copy of advertisement; and nt f her says that she has neither paid nor promised any on, firm or corporation any discount, rebate, commission of d for th purpose of securing this advertisement for ation in 1 said newspaper. r Sworn A* scr d before me this 2 "► tp t�'• 91 e (SEAL) "OFFICIAL NOTARY SEAL" OCTELMA V. FERBEYRE Ply WA4. EXP. 7/9/94 bt t i DESCRIBED HEREIN),zBY'GHANQING Tl1E IC�NA TION OF -THE -61.11NECT'l?ROAERTY, FRQ rM�JQI PUBLIC FAOILITIES;,TRANS .6Ij TLO,N ANO.'VTI! ITIgI � .,TO DUPLEX RESID)*NTIAt, MAK(NQ F)N,Di1�IG:S I4$TRUCTINQ THE'GITY CLrzRK Tp TRANSMIT;A POP! OF THISORpJNAN.QS=TD AFFEGTSD.AAE,NCI4S CONTAININf3 A HEPEALER' PROVISI,CN ANI�:'A. VI A ABILITY: QJ.AUSE;;A,ND;PRCVIDIN4i AN IFFEJ3TI�!I PATE Said ardlr)angea may Inapec(ed by ftia public at Jhe Ofl •the City Clerk' 3500"Pan Ameriban Drive; MIQmt, Flgflfra,+M through Friday,' excludhip holldaya, between the hours of S;Q and 5:Q0 p:m.^ MATTY HIRAI ' PITY CLERK MIAMI; FLORIDA �120 9i 410k4