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Home My WebLink AboutPAB - PFS - 411-421 NE 61 ST-Backup InfoLEGISTAR FILE ID: 07-00793lu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PLANNING FACT SHEET September 19, 2007 Item #3 James Robinson & John Assalone, on behalf of Lemon City Prop. LLC, Owners Consideration of amending the Miami Comprehensive Neighborhood Plan 5 - Commissioner Michelle Spence -Jones Complete legal description on file with the Hearing Boards PETITION Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the properties located at approximately 411 NE 61St Street and 421 NE 61St Street, Miami, Florida from "Restricted Commercial' to "General Commercial". PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION DENIAL See supporting documentation VOTE: ................................................................................................................................................................................................................................................................................................................. CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 ................................................................................................................................................................................................................................................................................................................. Date Printed: 9/17/2007 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 411 & 421 NE 61St Street Application No. LU -07-08 File ID 07-00793lu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Restricted Commercial" to "General 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 Restricted Commercial areas allow residential uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" 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 collector roadways, which 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, major sports and exhibition or entertainment facilities 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 category also includes commercial marinas and living quarters on vessels as permissible The "General Commercial" land use category allows all activities included in the "Office" and the "Restricted Commercial" designations, 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, distribu- tion and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residen- tial structures of a density equal to R-3 or higher, but not to exceed a maximum of 150 units per acre, are allowed by Special Exception only, upon finding that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development, and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents. This category also allows commercial marinas and living quarters on vessels for transients. DISCUSSION The subject area consists of two vacant parcels comprising approximately 0.23 acres. They are located in the southeast corner of the block fronting NE 4t" Court to the east and NE 61st Street to the south. The noted block is also bounded by the FEC Railroad to the west and NE 62nd Street to the north. The site is currently designated "Restricted Commercial". Surrounding the subject site is also "Restricted Commercial" land use to the east across from NE 4t" Court and to the west. Further to the west is the FEC Railroad, NE 4t" Avenue and an "Industrial" land use.. To the north of the parcels is "General Commercial". To the south is "Recreational" land use across NE 61s' Street. The subject site is in the Upper East Side NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The parcels are adjacent to an established medium density residential neighborhood to the east and south. Enhancing this residential neighborhood is a residential park immediately south of the subject properties and a branch neighborhood library adjacent to the southeast. • MCNP PR -1.6 indicates the City will plan and implement new park districts in designed areas of the City. Immediately west of the parcels across the FEC railroad is the "Little Haiti Park Planning Area". • The requested change will represent an intrusion of commercial uses adjacent to a medium density residential neighborhood. • MCNP LU -1.1.7 encourages adequate neighborhood shopping, recreation, day care, entertainment, and other neighborhood oriented support activities. The MCNP Interpretation of the Future Land Use, indicates that "Restricted Commercial" uses generally serve the daily retailing and service needs of the public. "General Commercial" uses generally serve the needs of other businesses. • "Restricted Commercial " designation allows to a maximum density equivalent to "High Density Multifamily Residential" or to 150 dwelling units per acre. The requested "General Commercial" designation allows, by Special Exception only, multifamily residential structures to a density equal to R-3 or higher, but not to exceed a maximum density of 150 dwelling units per acre. • 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 General 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 devel- opment 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. 2 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 07-08 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 07/23/07 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: James Robert Robinson & John Assalone for Lemon City Prop. LLC RECREATION AND OPEN SPACE Population Increment, Residents 0 Address: 411-421 NE 61 Street Space Requirement, acres 0.00 Boundary Streets: North: NE 62nd Street East: NE 4th Ct Excess Capacity Before Change 182.80 South: NE 61st Street West: NE 4th Ave Excess Capacity After Change 182.80 Proposed Change: From: Medium Density Multifamily Residential Concurrency Checkoff OK To: General Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.23 acres @ 150 DU/acre 35 DU's Population Increment, Residents 0 Peak Hour Person -Trip Generation, Residential 17 Transmission Requirement, gpd 0 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 0.23 acres @ 150 DU/acre 35 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 17 Population Increment, Residents 0 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 0 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 0 Dwelling Units 0 STORM SEWER CAPACITY Peak Hour Person -Trips 0 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Upper East Side Concurrency Checkoff OK County Wastewater Collection Zone 308 Drainage Subcatchment Basin D1 SOLID WASTE COLLECTION Solid Waste Collection Route 4 Population Increment, Residents 0 Transportation Corridor Name NE 2nd AVE Solid Waste Generation, tons/year 0 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 800 Concurrency Checkoff OK Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change B LOS After Change B Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary sewer connection must be issued by 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 Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size, if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. CNA 1 IN (13/13/qn FUTURE LAND USE MAP NW 64TH TER Q = NE 64TH ST f- uj v a z DUPLEX- o RESIDENTIAL U LY � M F� I W M Z W Z GENERAL COMMERCIAL NE 63RD ST NE 63RD ST MEDIUM DENSITY MULTIFAMILY RESIDENTIAL NE 62ND ST NE 62nd ST z m INDUSTRIAL z m RESTRICTED COMMERCIAL 12 NE 61ST ST y NE 61st ST CD FI NE 60TH TER RECREATION MA.IOR INST. PUBLIC FAC TRANSP�AND UNNAMED NE 60TH ST NE 60TH ST m Z yG Q NE 59TH TER = z w m z -moi x n -a 0150 300 600 Feet I , , , i , , , i ADDRESS: 411-421 NE 61 Street NW 64TH TER NE 62ND ST NE 61ST ST aw a R NE 60TH ST ZONING ATLAS MAP =2 = 7 = r Q � - v w z - .RR NE 64TH ST R=2 R'-3 NE 62nd ST z m 5 C-1 NE 61st ST NE 59TH TER I 1 I 1 I 1 I 1 I � I 1 z m A —1 x n —1 NE 63RD ST NE 60TH ST I m� Z lye 0150 300 600 Feet I , , , i , , , i ADDRESS: 411-421 NE 61 Street NW 64TH TER —7 r +y ; T* NE 64TH STIL� r M, � y W Q f Lu Ll Z W - Z _ NE 63RD STS. E NE 63RD ST I : ZiaFI ..—. NE 62ND ... " ,. + f� Av 1 NE 61ST[ST .r" i .. a� �r. A■ .i_ 0150 300 600 Feet I , , , i , , , i ADDRESS: 411-421 NE 61 Street s h l` -�� • rW___"_-y v 1 rP LC 0150 300 600 Feet I , , , i , , , i ADDRESS: 411-421 NE 61 Street �F City of Miami City Hall }' Legislation 3500 Pan Ordinance American Drive Miami, FL 33133 www.d.miami.fl.us File Number: 07-00793lu Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 411 NORTHEAST 61ST STREET AND 421 NORTHEAST 61ST STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL", MAKING FINDINGS, DIRECTING TRANSMITTALS TO AFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 is hereby amended by changing the land use designation from "Restricted Commercial" to "General Commercial" for the property located at approximately 411 Northeast 61s' Street and 421 Northeast 61St Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 2. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a land use of 10 acres or less; and the cumulative annual effect of the acreage for all adopted small scale amendments does not exceed 120 acres in areas specifically designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment areas designated under s.163.2517, transportation concurrency exception areas approved pursuant to s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to s. 380.06(2)(e); however, amendments under this paragraph may be applied to no more than 60 acres annually of property outside the designated areas listed in p 163.3187(c)(a.) (i); (c) if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre or the proposed future land use category allows a maximum residential density of the same or less than the maximum residential density allowable under the existing future land use category, except that this limitation does not apply to small scale amendments involving the construction of affordable housing units meeting the criteria of s.420.0004(3) on property which will be the subject of a land use restriction agreement, or small scale amendment described in sub- sub- subparagraph a.(1) that are designated in the local City of Mianai Page 1 of 2 Printed On: 12/27/2005 File Number: 07-00793lu comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment areas designated under s.163.2517, transportation concurrency exception areas approved pursuant to s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to s. 380.06(2)(e). (d) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (e) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (f) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development; (g) is one which is not located within an area of critical state concern; and (h) the proposed amendment complies with the applicable acreage and density limitations set forth in Florida Statutes and this section. Section 3. The City Manager is directed to instruct the Director of the Planning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of 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 thirty-one (31) days after second reading and adoption thereof pursuant and subject to p 163.3187(3)(c), Fla. Stat. (2001). {1 } APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY City of Miami Page 2 of 2 Printed On: 9/14/2007