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HomeMy WebLinkAboutM-96-0244REVISED PLANNING FACT SHEET PZ04 APPLICANT A. Fernandez-Fraga, Esq. for Pell/Cruz Investments, Inc. APPLICATION DATE 09/09/94. REQUEST/LOCATION Approximately 4101 N.W. llth Street and 1135-1145 N.W. 41st Avenue. LEGAL DESCRIPTION See Exhibit "A". 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 4101 N.W. llth Street and 1135-45 N.W. 41st Avenue from Multifamily Medium -Density Residential to General Commercial. PLANNING Approval. RECOMMENDATION BACKGROUND AND The land use change petition is in order to move the General Commercial boundary ANALYSIS line east and extend this designation to include the subject property. 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 created by the commercial use. MCNP Land Use Objective 1.3. requires the City to encourage commercial development within the existing commercial areas. The recommendation of the Department is for approval. PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER 94-146 03/16/95 Denial. Passed on First Reading. VOTE: 8-0. October 19, 1994 95- 244 Page 1 CASE # 94-146 P A B - ITEM #2 October 19, 1994 ANALYSIS OF PROPOSED COMPREHENSIVE PLAN AMENDMENT No.94-12 HANDELSMAN SUBDIVISION, at approximately 4101 NW lath Street and DISCUSSION The subject property is a 0.7 acre parcel fronting NW filth Street, at approximately 4101 NW 11th Street and 1135-45 NW 41st Avenue, in the Flagami Planning District. 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, the rest of the block is designated Medium Density Multifamily Residential. To the north and west, the area is designated General Commercial, and to the south, there is a Single Family Residential land use designated area. This petition is to change the land use designation from Medium Density Multifamily Residential to General Commercial in order to extend into the eastern part of the block the General 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). 95- 244 IJ PAB 10/19/94 Item #2 Page 1 of 2 N.A . General Commercial land use category allows all activities included in the Office and the Restricted Commercial designations (with the exception of permanent living facilities but including rescue missions), as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those described above. This category also allows commercial marinas and living quarters on vessels for transients. 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>94-2amen 95- 244 PAB 10/19/94 Item #2 Page 2 of 2 $19.1 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No.: 94.12 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 09/28/94 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Pell -Cruz RECREATION AND OPEN SPACE Address 4101 N.W. 11 St. and 1135 N.W. 41 Ave, Population Increment, Residents (117) Space Requirement, acres -0.15 Boundary Streets: North: Excess Capacity Before Change 55.12 South: N.W. 11 St. Excess Capacity After Change 55.27 East: Concurrency Checkoff OK West: Existing Designation, Maximum Land Use Intensity Residential 0.7 acres 65 DU/acre Other (see Note 2) 0 sq.ft.@ 0 FAR Peak Hour Person -Trip Generation Proposed Designation, Maximum Land Use Intensity Residential 0.7 acres 0 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 POTABLE WATER TRANSMISSION Population Increment, Residents 46 DU's ; Transmission Requirement, gpd 0 sq.ft. i Excess Capacity Before Change 43 i Excess Capacity After Change Concurrency Checkoff 0 DU's i 0 sq.ft. 0 i (117) (46) -43 Flagami 315 N1 26 Dolphin RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES i Land Use Policy 1.1.1 CIE Policy 1.2.3 l 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 2. Proposed change from Medium -Density Residential to General Commercial land use. Permanent residential use not permitted in General Commercial category. Non-residential use not known, Amendment is small-4cale; capacity exists for maximum potential development of property under current zoning regulations. CM 1 IN 03/13/90 (117) 126,193) > 2% above demand > 2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents 1117) Transmission Requirement, gpd 121,633) 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 1117) Solid Waste Generation, tons/year -150 Excess Capacity Before Change 500 i Excess Capacity After Change 650 ' i Concurrency Checkoff OK ; TRAFFIC CIRCULATION Population Increment, Residents (117) Peak -Hour Person -Trip Generation .43 LOS Before Change B LOS After Change B Concurrency Checkoff OK , i i ASSUMPTIONS AND COMMENTS i 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-21R1), 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 i water and sewer mains are assumed to be of adequate size; if not, new connections l are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change f made. I 95- 244 �76 -MAJOR PUBLIC FACILITY]. N. W. GENERAL COMMERCIAL GENER COMMERCIAL Hill �� t • - � : ii'iiiiiiii V milli 11111 111111 .:� � C �� 0....� -SINGLE MILY'.. loll lilt SIDFVT41;-- GENERAL COMMER CIAL RESTRICTED COMMERCIAL soon 1111101 111 SINGLE image DUPLEX FAMILY'. milli RESIDENTIAL RESIDENTIAL - ----- 21111 1-k1. "I ,r}v ti ` TRACT rA"ry�rEa�. �o�mmmmmm uUoam� 7iYM YD 9��i�i,9� 1 � � � I IFmc, NMI Mem I age Em All imp googol ors ��• �s am■m aWISM Baas a�I�ul�l�. s■■ns� ®o aY Si 8a0aI�� �QO m callp _ 9gram ®eseQ�reea^may IN marA 7 �- �;���� �� 7:,.� IIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIII�y ■o a�..,�m�mml Po�aNil t"111:. „f � � 4. y '7. o o: r So � RESOLUTION PAB - 60-94 A RESOLUTION RECOMMENDING DENIAL OF AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1989-2000, FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 4101 N. W. 11TH STREET AND 1135-1145 N. W. 41ST AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL. HEARING DATE: OCTOBER 19, 1994. VOTE: EIGHT (8) TO ZERO (0) + ATTEST: ERGIO RODRIGUEZ, DIRECTOR PLANNING, BUILDING AND ZONING 95- 244 0 614. J CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT 275 N.W. 2 STREET MIAMI, FLORIDA 33128 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Application I q Aq — ( Z Date: 0 o cl Iq 4,- � 4 (+�. 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 make additions or awndeents 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 wake 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: The subject property is located at 4101 N.1+1. Iltfi. Street and 1135 and 1145 N.W. 41 Avenue AND MORE PARTICULARLY DESCRIBED AS: Lots) ** See ,A,ttache.d. ** 81ock'(s) Sub division 95- 244 1!5 Page 1 of 3 LEGAL DESCRIPTIONS Tract A of " SANDELSMAN SUBDIVISION" according to the plat thereof as recorded in Plat Book 56 at Page 60 of the Public Records of Dade county, Florida, and, commence at the sw corner of the NW 1/4 of the SE 1/4 of Section 32, Township 53 south, Range 41 East, Dade county, thence due North along the west line of the NW 1/4 of'the SE 1/4 of said Section 32 for a distance of 25 ft.; thence North 88 degrees 51130" East, parallel with the South line of the NW 1/4 of the SE 1/4 of said Section 32, for a distance of 340 ft. to a point; thence due North parallel with the West line of the NW 1/4 of the sE 1/4 of said Section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue due North for a distance of 69.46 ft to a point; thence North 88 degrees 51'30" East, parallel with the south line of the NW 114 of the sE 1/4 of said section 32 for a distance of 60 ft. to a point; thence due South, parallel with the West line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 70.58 ft. to a point; thence South 89 degrees 53130" West for a distance of 59.99 ft. to the point of Beginning, lying and being in Dade county, tlal A;;,; . } r ��. IV6 commence at the southwest corner of the Northwest 1/4 of the Southeast 1/4 of the section 32, Township 53 south, Range 41 East, thence due North along the West line of the Northwest 1/4 of the southeast 1/4 of said section 32, for 25 feet; thence North 88 degrees, 51130" Bast, parallel with the South line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the West line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 80.54 feet; thence North 89 degrees, 53130" East for 59.39 feet; thence due South parallel to and 400.00 feet Cast of the West line of the Northwest 1/A of the southeast 1/4 of said section 32 for 79.42 feet; thence south 80 degrees, 511300 West parallel with the south line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 59.40 feet to the Point of Beginning, lying and being in Dade County, tloridav �,�e e,Si cwc- roor c)F EXHIBIT "A". 95- 244 .Jai. 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: Residential - Medium Density TO: General Commercial Please supply a statement indicating why you think the existing plan designation is inappropriate: The existing plan designation of medium density residential has resulted in the existing lower -end residential rental use. Since the property abut the Marriott Hotel to the north side, a: -gas station to the west side and is only 148 feet from Leieune Rd, it is not desirable to prospective tenants without the incentive of low rental rates. The law rental rate preclude the substantial investment of capital in order to improve the premises without a change in the permitted uses. Please supply a statement justifying your request to change the plan to your requested plan designation. The+property is bounded to the northeast, north, northwest, west and southwest by general aomnercial zoning andiuuses. The existing designation and use will not justify the financial investment necessary to rebuild the site as residential, nor is it financially feasible to remodel and refurbish the existing buildings. The rec;uested change would permit the demolition of the existing structures and the building of brand new i prov+enmts . What is the acreage of the property being requested for a change in plan designation? .70 acres 95- 244 Page 2 of 3 Has the designation of this property been changed in the last year? Do you own any other property within 200 feet of the subject property? . Q If yes, has this other property been granted a change in plan designation within the last twelve months? Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? YES Have you filed with the Planning and Zoning Boards Administration Department: Affidavit of ownership? YF5 List of owners of property within 375 feet of the subject property? YES Disclosure of ownership fora? YES . If not, please supply them. SIGNATURE• DATE NAME ADDRESS E 061 Collj ns Avenue, i 2,ir Miami Beach 33`110 PHONE 868-2733 STATE OF FLORIDA } SS: COUNTY OF DATE } being duly sworn, deposes and says that he is the (Owner) (Authorized Agent for Owner) of 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 petition on behalf of the owner. (SEAL) SWORN TO AND SUBSCRIBED before me this L day of Igati N ary Public, to f F r'da at Large MY COMMISSION EXPIRES: iatuy PublIc, State of, Flaft MyCommis4on usMaye,I= Computation of Fee: Receipt 4: 95- 244 Page 3 of 3 •AFFIDAVIT STATE OF FLORIDA-1 ) SS I COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared Ronald pell;tero aG , who being by me first duly sworn, upon oath, deposes President of Pell/Cruz Investments, Inc.. and says: 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 Mimi, Florida, affecting the real property located in the City of Mimi, 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 change 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, sailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in the application W documents submitted in conjunction with this affidavit are•true and correct. Further Affiant sayeth not. v'-� l �tCl� . ��f�llr• (SEAL) (Name Sworn to and Subscribed before me this day of,,,_, 19. N ary Public, to of 1 ida at Large 9- 244 Iq My Comwission Expires: ��,a. Notary FubllC, ..!;ais o} f to1f� V.y'um'-.:a:�on i xlNrea;�kiy�,1S96 0 OWNER'S LIST Owner's Name _— Pell/ Mailing Address 6u6 ('QlIjnc ,r491C :d am,! aaaeh—�-l; Telephone Number Legal Description: ** SEE AMCM % * Owner's Name Mailing Address Telephone Number Legal Description: Owner's Nacre Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description N/A Street Address Legal Description fin Street Address Legal Description 9 5- 244 LNGAL DESCRIPTIONt Tract A of " HANDELSMAN SUBDIVISION" according to the plat thereof as recorded in Plat Book 56 at Page 60 of the Public Records of Dade county, Florida, and, commence at the SW corner of the NW 1/4 of the SE 1/4 of section 32, Township 53 south, Range 41 East, Dade County, thence due North along the west line of the Nw 1/4 of the SE 1/4 of said section 32 for a distance of 25 ft.; thence North 88 degrees 51130" East, parallel with the South line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 340 ft. to a point; thence due North parallel with the west line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue due North for a distance of 69.46 ft to a point; thence North 88 degrees 51'30" East, parallel with the south line of the NW 1/4 of the SE 1/4 of said section 32 for a distance of 60 ft. to a point; thence due south, parallel with the west line of the Nw 1/4 of the sE 1/4 of said section 32, for a distance of 70.50 ft. to a point; thence South 89 degrees 53'30" west for a distance of 59.99 ft. /e��� int_ of BBe�ginning, lying and being in Dade County, Fla Jv.�j ,� p and, commence at the southwest corner of the Northwest 1/4 of the southeast 1/4 of the section 32, Township 53 South, Range 41 East, thence due North along the west line of the Northwest 1/4 of the southeast 1/4 of said section 32, for 25 feet; thence North 88 degrees, 51'30" East, parallel with the south line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the west line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 80.54 foot; thence North 89 degrees, 53130" East for 59.39 feet; thence due South para11e1 to and 400.00 foot East of the west line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 79.42 foot; thence south 88 degrees, 51130" wont parallel with the south line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 59.40 foot to the Point of Beginning,, lying and being in Dade County, Florida` ktxss t �e 0� oA-1 P00% ( be� *F ' �. EXHIBIT "A". r.. 95- 244 otl DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Tract A of HA'NDELSMAN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 56 at Page 60 of the Public Records of Dade County, Florida AND SEE ATTACHED 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami 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 Comission. Accordingly, question f2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Pell/Cruz Investments, Inc. , a Florida corporation— 100% Ownership Ronald Pellitero — 50% shareholder Maria Pellitero — 50% shareholder 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 02, and (b) located within 375 feet of the subject real property. N/A MER OR ATTORNEY FOR OWNER STATE OF FLORIDA } SS: MARIA PELL TERO COUNTY OF DADE } Ronald Pellitero and the shareholders of Pell/Cruz Investments, MA r_ia PE+1 1ii-_Pro as all of being duly sworn, deposes and says that he is the (Owner) (Attorney for Diner) of the real property described in answer to question /1, above; that he has read the foregoing answers and that the sans are true and cowlete; and (if acting u attorney for owner) that he has authority to execute the Disclosure of Ownership fors on behalf of the owner. r � off L ` �f(�S,EAL) IQd �101a, i / SWORN TO AND SUBSCRIBED before as this <-1� day of �, :- , 19;J. MY COMMISSION EXPIRES:. Notary Public, State of Florida at Large my Omw--Ion �.AW�,,ON 9 5 — 244 8—iod by Inc . ti1g., LNGAL DRSCRIPTIOW; Tract A of " HANDELSMAN SUBDIVISION" according to the plat thereof as recorded in Plat Book 56 at Page 60 of the Public Records of Dade County, Florida, and, Commence at the SW corner of the NW 1/4 of the SE 1/4 of section 32, Township 53 South, Range 41 East, Dade County, thence due North along the West line of the NW 1/4 of the SE 1/4 of said section 32 for a distance of 25 ft.; thence North 88 degrees 511300 East, parallel with the south line of the NW 1/4 of the sE 1/4 of said section 32, for a distance of 340 ft. to a point; thence due North parallel with the West line of the NW 1/4 of the sE 1/4 of said section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue due North for a distance of 69.46 ft . to a point; thence North 88 degrees 51'301 East, parallel with the south line of the NW 1/4 of the sE 1/4 of said section 32 for a distance of 60 ft. to a point; thence due south, parallel with the West line of the Net 1/4 of the sE 1/4 of said section 32, for a distance of 70.58 ft. to a point; thence south 89 degrees 53'30" West for & distance of 59.99 ft. to the point of Beginning, lying and being in Dade county, Flal � ao�p a FbOT 7HOt' F. commence at the southwest corner of the Northwest 1/4 of the southeast 1/4 of the section 32, Township 53 South, Range 41 East, thence due North along the hest line of the Northwest 1/4 of the southeast 1/4 of said section 32, for 25 feet; thence North 88 degrees, 511300 Bast, parallel with the south line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 340.6 feet to the Point of Beginning; thence due Worth parallel with the West line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 80.54 feet; thence North 89 degrees, 53'30" East for 59.39 feet; thence due south parallel to and 400.00 feet East of the West line of the Morthwest 1/4 of the southeast 1/4 of said section 32 for 79.42 feet; thence south 88 degrees, 511301 West parallel with the south line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 59.40 feet to the Point of Beginning, lying and being in Dade county, Florida] - n EXHIBIT "A". 95- 244 P,#:.