HomeMy WebLinkAboutO-10903J--91-207
3/8/91 10903
ORDINANCE N0.
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP
OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000,
FOR PROPERTY LOCATED AT APPROXIMATELY
3560 MAIN HIGHWAY, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING
THE LAND USE DESIGNATION OF THE SUBJECT
PROPERTY FROM RESTRICTED COMMERCIAL TO SINGLE
FAMILY 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 FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 20, 1991, Item No. 3, following an advertised public
hearing, adopted Resolution No. PAB 14-91, by a 7 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:
Section 1. 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 designation from
Restricted Commercial to Single Family Residential, for property
located at approximately 3560 Main Highway, Miami, Florida, more
particularly described as a triangular parcel, containing
portions of Lots 2, 3, 4 and vacated unnamed street right-of-way,
ROBERTS SUBDIVISION, FROW HOMESTEAD, according to the plat
thereof, as recorded in Plat Book A of Page 21 of the Public
Records of Dade County, Florida.
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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; and
C. 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 Clerk is hereby directed to transmit a
copy of this Ordinance immediately upon approval on first reading
to Bill Sadowski, Secretary, Florida Department of Community
Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100,
for 90 day 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 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 forty-five
(45) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
March , 1991.
-2- 10903
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ills 40�
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of July , �/,' "7
ATTES .
MAT IRAI
CITY CLERK
PREPARED AND APPROVED BY:
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SSISTAN CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
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CITY A TORNEY
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-3- 10903
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SERGIO RODRIGUEZ, AICP ,.. •�!r RL1VED
Director jjtt
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April 4, 1991 C"F14,�i�, FL A.
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Mr. Ralph Hook, Community Programs Administrator
Florida Department of Community Affairs (DCA)
Division of Resource Planning and Management
Bureau of Local Planning
2740 Centerview Drive
Tallahassee, FL 32399-2100
Re: Transmittal of Amendment No. 91-3, to
the Miami Comprehensive Neighborhood Plan 1989-2000.
Dear Mr. Hook:
The City of Miami is transmitting to the DCA the required "Checklist" of
information for Amendment No. 91 3, to the Miami Comprehensive Neighborhood
Plan 1989-2000 (MCNP), as required by Rule 9J-11.006, F.A.C.. This proposed
amendment is a small scale development activity and, according to Ch. 163.3187
F.S., can be submitted without regard to statutory limits on the frequency of
consideration.
Amendment No. 91-3 changes the land use designation of one lot at the
southwest side of the intersection of Main Highway and Franklin Avenue in the
eeGrove Planning District
Residential. , from Commercial Restricted to Single Family
Rn
Enclosed please find ten copies amendment: of the following information for the
a) A response to the checklist provided by the Department of Community
Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment 91-3 A);
b) No Concurrency Analysis has been performed; a change in designation
from Restricted Commercial to Single Family Residential is prima
facie evidence of concurrency.
c) Analysis of the compatibility of the proposed land use change with
the land use element goals, objectives and policies, as well as
those of other affected elements (Attachment 91-3 B);
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Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 10903
PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128
Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708
4
Mr. Ralph Hook, Community Programs Administrator
d) A map illustrating the boundary of the subject property and its
location in relation to surrounding streets, and thoroughfare
networks; and the present land use designations of the property and
abutting properties (Attachment 91-3 C);
e) A copy of support documents, including the proposed draft
ordinances, on which recommendations are based (Attachment 91-3 D);
and
f) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as
amended through January 24, 1991. This volume contains all of the
adopted MCNP elements. (Attachment 91-3 E):
If you have any questions regarding this transmittal, please contact Joseph W.
McManus at (305) 579-6086.
Sincerely,
Sergio R dri re toor
Planning, Building & Zonin/6/epartment
SR/rl
Attachments
cc:;;..Matty.:Hir.ai,;<,C.ity>C-lerk
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
GeneralPlanning
Robert E. Lavernia
Zoning Code Administration
Doc: [robert]<robert>transm/91-3
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1090.3
PLANNING FACT SHEET
APPLICANT City of Miami Planning, Building and Zoning
Department: January 30, 1991
PETITION 3. APPROXIMATELY 3560 MAIN HIGHWAY
a triangular parcel, containing portions
of lots 2, 3, 4 and vacated un-named street
r.o,w.
ROBERTS SUBDIVISION, FROW HOMESTEAD (A-21)
P.R.D.C.
(Metes -and -bounds description.on file i.n
Hearing Boards Office, Planning, Building and
Zoning Department.)
REQUEST
PLANNING DEPARTMENT
RECOMMENDATION
BACKGROUND
ANALYSIS
Consideration, of amending Ordinance 10544, as
amended, the Miami Comprehensive Neighborhood
Plan 1989-2000, Future Land Use Plan Map, by
changing the land use designation of the subject
property from Restricted Commercial to Single
Family Residential. .
To change the Future Land Use Plan Map
designation of the subject property from
Restricted Commercial to Single Family
Residential.
Approval. -
This amendment qualifies as a ""small scale
amendment" and if approved could be immediately
transmitted to the Florida Department of
Community Affairs for 90 day review and comment.
This site comprises 0.17 acres on the southwest
corner of Franklin and Main Highway in Coconut
Grove. The parcel is in an area designated
Restricted Commercial according to the Miami
Comprehensive Neighborhood Plan 1989-2000 (MCNP)
Future Land Use Plan Map through a recent
amendment. This Restricted Commercial
designation allows commercial 'activities, along
with residential uses up to high density.
The proposed change would only allow Single
Family residential uses along with supporting
uses. This proposed change would be consistent
with both the existing low density residential
land use pattern in the area and the future land
use pattern as depicted in the Future Land Use
Plan Map surrounding this parcel in all
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directions. This proposed change would be
consistent with the goals, objectives and
policies established in the MCNP. which require
the City to: 1) protect all areas from
encroachment of incompatible land uses; 2)
protect and enhance the general appearance and
character of the City's neighborhoods; and 3)
control office, commercial and industrial land
development which negatively impact residential
neighborhoods. The MCNP also requires the City
to encourage commercial and office development
within existing commercial and office areas.
The triangular parcel on Main Highway is more
appropriately part of the residential block and
should be developed as a residential parcel. A
recently built single family structure at 3560
Main Highway is located on the site. The
proposed change would serve as an incentive to
the improvement or development of adjacent
residential properties in the area. The proposed
change -would decrease traffic congestion which
is already quite heavy in peak traffic hours
along Main Highway.
No Concurrency Management Analysis has been
performed; a change in designation from
Restricted Commercial to Single Family
Residential is prima facie evidence of
concurrency.
Ch. 163.3187(1)(C)3, F.S. 1987, allows
amendments to be considered as small scale
development activities which may be approved
without regard to statutory limits on the
frequency of consideration as amendments to the
local comprehensive plan, provided the proposed
land use categoryy is a residential area of 5
acres of less, and the cumulative effect does
not exceed 30 acres annually on a calendar year
basis. In this case, the parcel is less than 5
acres, the land use category is residential, and
the total cumulative effect is less than 30
acres. If approved by the City Commission for
transmittal at first reading, the amendment
could immediately be sent to the Department of
Community Affairs for their comments.
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ks
•
At its meeting of February 20, 1991, the
Planning Advisory Board adopted Resolution
Number PAB 14-91 by a 7 to 0 vote, recommending
approval of the above.
One reply AGAINST and one reply in FAVOR was
received by mail.
At its meeting of March 28, 1991, the City
Comsiission passed the above on First Reading
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.I 4181
EXHIBIT 'A* --
A parcel located at approximately 3560 Main Highway known as the
sold
House' site and more particularly described as beginning at
a pipe set in the Mly line of Main Highway, formerly known as
County Road, which pipe is North 45 degrees West a distance of
196.9' iron a pipe in concrete in a rock wall marking the
Southeast corner of the Northeast 1/4 of the Southwest 1/4 of
Section 21, Township 54 South, Range 41 East, Dade County,
Florida, said Southeast corner being the so-called agreed corner
referrod to in an instrument and marked on a Plat recorded in
Deed Book 'D', Page 251 to 253 of Dade County Public Records;
thence proceed North 43 degrees 31 minutes 45 seconds west 108.20
feet to a point on the South line of Franklin -Avenue; thence
proceed North 89 degrees 39 minutes 00 seconds Bast along the
sat.d South line of Franklin Avenue 143.15 feet to its
iritersection with the Northwesterly line of !lain Highway, as it
now exists, thence proceed South 41 degrees 32 minutes 15 seconds
Nest along said Northwesterly line of Main Highway 102.4s, to the
Point of Beginning; the enclosed triangle containing portions of
Lots 2, 3, 4 and an un-named street as shown in Roberts
Subdivision of the Prow homestead and recorded in Plat Book A,
Page 21, of the Public Records of Dade County, Florida.
lDCO221SJH
submitted into the public
reoo:d in 4ao=oction with'
item = ' 13 on 9�J e
Mtatty Hirai
City Clerk
10790
10903
0
FLORIDA
AVE. r
]CO
SINGLE
GRAND
A V
=T-1 �
FAMILY
OFFICE
AVE.
�IIINIIIIIIIII
0 PtA N D AVE.
A
RESTRICTED
5 COMMERCIAL
SINGLE
FAMILY ,
RESIDENTIAL
.v
CONSERVATION
X X\�,
SINGLE
FAMILY
RESIDENTIAL
L�
ORDINUCE 10544
NCNP 1989-2000
Approz: 3560 !lain
Highvay
From: Restricted Cc
j To: Single Family 1
L'
PAB- ITEM #1
February 20, 1991
RECOMMENDATION
The Planning Department recommends approval of the proposed comprehensive plan
amendment requesting a land use designation change :from "Commercial --
Restricted" to "Residential -- Single Family".
DISCUSSION
The subject 0.17 acre site is comprised of a parcel at approximately 3560
Main Highway and is located on the southwest side of the intersection of Main
Highway and Franklin Avenue.
The adopted Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP), Future
Land Use Plan Map, designates the parcel as "Commercial Restricted". The land
use designation to the north, west, south and east is "Residential Single
Family".
MCNP Land Use Policy 1.6.1. states that the "Interpretation of the Future Land
Use Plan Map" establishes permissible land uses within each category. The
"Residential - Single Family" land use category permits single family
structures as well as supporting services. The "Commercial -- Restricted"
category accommodates commercial activities that generally serve the daily,
retailing and service needs of the public, typically require easy access by
personal auto. 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.
10993
Page 1 of 2 %
The Planning Department views this amendment as consistent with the future low
density land use pattern that is proposed for the area. This proposal
furthers certain other policies of the MCNP. 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.
Housing Policy 1.1.7. requires that the City control large scale and/or
intensive commercial and industrial land development which may negatively
impact residential neighborhoods. Land Use Objective 1.3. requires the City
to encourage commercial, office and industrial development within existing
commercial, office and industrial areas. These policies support the position
that the existing land use pattern in this neighborhood is predominately
single family residential and should remain the same.
Ch. 163.3187 (1)(C)3, F.S. 1987, allows amendments to be considered as small
scale development activities which may be approved without regard to statutory
limits on the frequency of consideration as amendments to the local
comprehensive plan, provided the land use category is residential of 5 acres
or less, and the cumulative effect does not exceed 30 acres annually on a
calendar year basis. In this case, the parcel is 0.17 acres, the land use
category is residential, and the total cumulative effect is less than 30
acres. If approved by the City Commission for transmittal at first reading,
the amendment could immediately be sent to the Department of Community Affairs
for their comments.
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Page 2 of 2
1 �11I,1 {r0 v. M'
91 JUN -8 AM 10: 46.
01967
.R�. �'�'�I'•`- -STATE OF FLORIDA
/DEPARTMENT OF COMMUNITY AFFAIRS
27,i0 CENTERVIEW DRIVE • T•ALLAMASSEE, FLORIDA 32399.2100
,awton Chiles
Governor
June.28, 1991
The Honorable Xavier L. Suarez
Mayor - of Miami
City of Miami
P.O. Box 330708
Miami, Florida 33233-0708
Dear Mayor Suarez:
%1Illiam E. Sadowski
Secreury
The Department has completed its review of the proposed
comprehensive plan amendments, D.C.A. Nos. 91S3, 91S4 and 91S5
(City Amendment Nos. 90-210 90-13, and 91-3, respectfully), for
the City of Miami which were submitted on March 14, 1991 and
May 9, 1991. Copies of the proposed amendments have been distri-
.buted to appropriate state, regional and local agencies for their
review and their comments are enclosed.
The Department has reviewed the proposed amendments for
I
onsistency with Rule 9J-5, Florida Administrative Code, Chapter
163, Part II, Florida Statutes, and the adopted City of Miami
Comprehensive Plan. The Department raises no objections to the
proposed amendments, 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 letter, 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.163.3184, 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 amendments;
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Im
4
The Honorable Xavier L. Suarez
June 28, 1991
Page Two
A copy of additional changes not previously reviewed;
A copy of the adopted ordinance; and
A'listing of findings by the local governing body, if any,
which were not included in the ordinances.
The above amendments 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 amendments
directly to the Executive Director of the South Florida Regional
Planning Council. The regional planning councils have been asked
to review adopted amendments 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,
Chief, Bureau of Local Planning, or Maria Abadal, Plan Review
Administrator, at (904) 487-4545.
Sincerely,
Imianning
R bert G. Nave, i or
Division of Reslrc
and Management
RGN/ddc
cc: Joseph W. McManus, Assistant Director, Planning, Building
And Zoning Department
Jack Osterholt, Executive Director, South Florida Regional
Planning Council
10903
1
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 oath says that she Is the Vice
President of Legal Advertising of the Miami Review, a dally
(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 OF MZA2,1I
ORDINANCE NO. 10903
In the ......................................... Court,
was published In said newspaper in the Issues of
August 5, 1991
prtll l said
dCntyeFrianewshhapepubhedaMiami ta that osoldDaeouFlorida, tat the said newspaper has heretofore been continuously
published In said Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class all matter at the gpoat office In Miami in said
Dade Coun rida, for a period of one year next preceding
the first p Ilea on of the attached copy of advertisement- and
afflant fu her ye that she has neither paid nor promises any
peroon, rm corporation any discount, rebate, commission
or refun fo the purpo a of securing this advertisement for
publicat n the aasd wapaper.
.... .. ..
r o beer d before me this
w �
r
(SEAL)►"
"OFFICIAL NOTARY SEAL"
OCTELMA V. FERBEYRE
MY COMM. EXP. 7/9/94
M
(SEE ATTACHED)
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