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Home My WebLink AboutCC AnalysisANALYSIS FOR LAND USE CHANGE REQUEST Approximately 826, 832, 844 SW 5T" AVENUE 513, 515, 517, 519, 521, 531, 541, 551, 561, 571 SW 9T" STREET Application No. 08-01 File ID 07-00797lu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Medium Density Multifamily Residential" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map." The "Medium Density Multifamily Residential" designation allows 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 services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory post- secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). Restricted Commercial: Areas designated as "Restricted Commercial" allow residential uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Resi- dential" subject to the same limiting conditions; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or col- lector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment fa- cilities, private clubs and recreation facilities, major sports and exhibition or entertainment facili- ties and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This cate- gory also includes commercial marinas and living quarters on vessels as permissible. DISCUSSION The subject area consists of eight parcels comprising approximately 1.38 acres. The parcels are located within the block bounded by SW 9th Street to the south, SW 6th Avenue to the west, SW 40 8th Street to the north and SW 5th Avenue to the east. The site is currently designated "Medium Density Multifamily Residential". Surrounding the subject site is also "Medium Density Multifamily Residential" land use to the south, west and east. To the north the designation is "Restricted Commercial". The subject site is in the Little Havana NET area. C ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The parcel is part of a medium density residential neighborhood. • The requested change will represent an intrusion of commercial uses into a medium density residential neighborhood. • A land use change at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications. • The "Medium Density Multifamily Residential" land use category allows residential struc- tures to a maximum density of 65 dwelling units per acre. The requested "Restricted Com- mercial " designation allows to a maximum density equivalent to "High Density Multifamily Residential" or to 150 dwelling units per acre. This potential increase in residential density will be out of scale with the established neighborhood. • MCNP Land Use Goal LU -1(1) encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods, and (5) promotes the efficient use of land and minimizes land use conflicts. A change to Restricted Commercial is not a logical extension of that category. • MCNP Land Use Policy LU -1.1.3 (1) provides for the protection of all areas of the city from the encroachment of incompatible land uses; and (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety. • MCNP Housing Policy HO -1.1.7, states the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. • MCNP Housing Policy HO -1.1.8 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. These findings support the position that the Future Land Use Map at this location should not be changed. N CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 08-01 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 4/16/08 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Ben Fernandez, Esq. on behalf of Brickell Square LLC, RECREATION AND OPEN SPACE Address: 826-844 SW 5 Av, 513, 515 SW 9 St, 517, 521, 531, 541, 551, 561, Population Increment, Residents 468 571 SW 9 St Space Requirement, acres 0.61 Boundary Streets: North: SW 8 ST East: SW 5 AV Excess Capacity Before Change 182.80 South: SW 9 ST West: SW 6 AV Excess Capacity After Change 182.19 Proposed Change: From: Medium Density Multifamily Residential Concurrency Checkoff OK To: Restricted Commercial POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Intensity Residential 1.38 acres @ 18 DU/acre 25 DU's Population Increment, Residents 468 Peak Hour Person -Trip Generation, Residential 20 Transmission Requirement, gpd 104,866 Other sq.ft. @ FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 1.38 acres @ 150 DU/acre 207 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 104 Population Increment, Residents 468 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 86,608 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population 468 STORM SEWER CAPACITY Dwelling Units 182 Peak Hour Person -Trips 84 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Little Havana Concurrency Checkoff OK County Wastewater Collection Zone 309 Drainage Subcatchment Basin U2 SOLID WASTE COLLECTION Solid Waste Collection Route 20 Population Increment, Residents 468 Transportation Corridor Name SW 8 ST Solid Waste Generation, tons/year 599 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 201 Concurrency Checkoff OK Land Use Policy 1.1.1 TRAFFIC CIRCULATION CIE Policy 1.2.3 Population Increment, Residents 468 Peak -Hour Person -Trip Generation 84 LOS Before Change B LOS After Change B Concurrency Checkoff OK NOTES 1. Permit for sanitary sewer connection must be issued by ASSUMPTIONS AND COMMENTS Population Increment is assumed to be all new residents. Peak -period trip Metro Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known 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 -2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Areas designated as Restricted Commercial allow a maximum floor area ratio (FAR) of 1.72 times the gross lot area of the subject property; such FAR may be increased upon Metro -Dade County stated capacities and are connections to water and sewer mains are assumed new connections are to be Installed at owner's expense. assumed correct. Service to be of adequate size; if not, compliance with the detailed provisions of the applicable land development regulations; Recreation/Open Space acreage requirements are assumed with proposed however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property. change made. Areas designated as "Restricted Commercial" in the Urban Central Business District are exempt from this FAR limitation and are allowed unlimited FAR. CM 1 IN 03/13/90