HomeMy WebLinkAboutItem #4- PAB_06.18.08PLANNING FACT SHEET
LEGISTAR FILE ID: 08-00542lu June 18, 2008 Item # 4
APPLICANT Pedro Omar Rodriguez, as Manager of P.O.R. Investments,
LLC
REQUEST/LOCATION Consideration of amending the Miami Comprehensive
Neighborhood Plan
LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards
PETITION An Ordinance of the Miami City Commission, with
attachment(s), amending Ordinance No. 10544, as
amended, the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan, pursuant to Small
Scale Amendment Procedures subject to §163.3187,
Florida Statutes, by changing the land use designation of
the acreage described herein of real property located at
approximately 3628 Northwest 21st Court, Miami, Florida,
from Medium Density Multifamily Residential to Restricted
Commercial; making findings; directing transmittals to
affected agencies; containing a severability clause; and
providing for an effective date
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: 6/9/2008 Page 1
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 3628 NW 21St Court
Application No. 08-04
File ID 08-00542lu
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 one parcel comprising approximately 0.44 acres. The parcel is
located within the block bounded by NW 36th Street to the south, NW 22nd Avenue to the west,
NW 38th Street to the north and NW 21s' Court 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 north and east. To the west the designation is
"Restricted Commercial" and to the south of the parcel is a "General Commercial" Land Use
designation. The subject site is in the Allapattah NET area.
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.
2
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal No 08-04 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 06/04/08 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant: Pedro Omar Rodriguez, as Manager of P.O.R. Investments, LLC.
RECREATION AND OPEN SPACE
Population Increment, Residents
96
Address: 3628 NW 21 Ct
Space Requirement, acres
0.12
Boundary Streets: North: NW 38th ST East: NW 21st CT
Excess Capacity Before Change
182.80
South: NW 36th ST West: NW 22nd AV
Excess Capacity After Change
182.68
Proposed Change: From: Medium Density Multifamily Residential
Concurrency Checkoff
OK
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
POTABLE WATER TRANSMISSION
Residential 0.44 acres @ 65 DU/acre 29 DU's
Population Increment, Residents
96
Peak Hour Person -Trip Generation, Residential 23
Transmission Requirement, gpd
21,530
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 0.44 acres @ 150 DU/acre 66 DU's
SANITARY SEWER TRANSMISSION
Peak Hour Person -Trip Generation, Residential 33
Population Increment, Residents
96
Other sq.ft. @ FAR 0 sq.ft.
Transmission Requirement, gpd
17,782
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 96
Dwelling Units 37
STORM SEWER CAPACITY
Peak Hour Person -Trips 10
Exfiltration System Before Change
On-site
Exfiltration System After Change
On-site
Planning District Allapattah
Concurrency Checkoff
OK
County Wastewater Collection Zone 307
Drainage Subcatchment Basin 11
SOLID WASTE COLLECTION
Solid Waste Collection Route 14
Population Increment, Residents
96
Transportation Corridor Name SR 112
Solid Waste Generation, tons/year
123
Excess Capacity Before Change
800
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Excess Capacity After Change
677
Concurrency Checkoff
OK
Land Use Policy 1.1.1
CIE Policy 1.2.3
TRAFFIC CIRCULATION
Population Increment, Residents
96
Peak -Hour Person -Trip Generation
10
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.
Areas designated as Restricted Commercial allow a maximum floor area ratio (FAR) of
Potable water and wastewater transmission capacities
are in accordance with
1.72 times the gross lot area of the subject property, such FAR may be increased upon
Metro -Dade County stated capacities and are
assumed correct. Service
compliance with the detailed provisions of the applicable land development regulations;
however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property.
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
Areas designated as "Restricted Commercial" in the Urban Central Business District are
change made.
exempt from this FAR limitation and are allowed unlimited FAR.
CNA 1 IN (13/13/9(1
FUTURE LAND USE MAP
0 150 300 600 Feet ADDRESS: 3628 NW 21 Court
NW,38THtST-:=::="_"_"—_
�__�_
H
V
U MEDIUM DENSITY
Z
MULTIFAMILY
RESTRICTED
>
�y
v1 RESIDENTIAL
OMMERCIA ,�
U
Q
�y
N
=
�
_
~o
Z?�
NW_37TH_ST
N
Z yj
N
Q
Q
Z
z
H
N r
N
N
Z
Z
NW 36 ST
GENERAL
Comm
ajor Inst,
LU
u
Iic�Facilities,
QTransp
And
NW -35TH -ST V~j
N
T
DUPLEX
T-1
R :SIDB TI L Z
NW 34TH ST
0 150 300 600 Feet ADDRESS: 3628 NW 21 Court
ZONING ATLAS MAP
N
? RAMP W
0
N
SR 112 ON
3
z
z
F-
U
112TH HWY
x
�-
0
N
SR 112 OFF RAMP
ON RAMP
3:
z
EE
SR 112
7 NW f38THIST1101
mimmilmilmilm
U
U
C-1
r
_
U�
Q
Q
zNW_37_TH
N
ST
x
o
x
0
N
z
r
N
N
z R-3 C-2
a
Z
Z
in
N
Q
z
Q
z
N
NW 36TH ST
N
z
z
G/I
R-2
a
NW35TH,ST
N
z
0150 300 600 Feet
L ' ' ' I ' ' ' I ADDRESS: 3628 NW 21 Court
rfi
City of Miami
�s3
Iri
r nk °• '
Legislation
f (d 7 ;
PAB Resolution
File Number: 08-00542lu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
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 THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA
STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY
3628 NORTHWEST 21ST COURT, MIAMI, FLORIDA, FROM MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting on June 18, 2008, Item No. 4,
following an advertised public hearing, adopted Resolution No. PAB_ by a vote of _ to
recommending of an amendment to Ordinance No. 10544, as amended
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami
Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to s.
163.3187, Florida Statutes, is hereby amended by changing the land use designation from Medium
Density Multifamily Residential to Restricted Commercial for 0.44± acres of real property located at
approximately 3628 NW 21 Ct, Miami, Florida, more particularly described in Exhibit "A" attached
hereto and made a part thereof.
Section 3. It is found that this Comprehensive Plan designation change:
(a) is necessary due to changed or changing conditions;
(b) is one which involves property that has not been the specific subject of a Comprehensive Plan
change within the prior twelve months;
(c) 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;
(d) 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;
City of _Miami Page I of 2 Printed On: 611012008
File Number: 08-00542lu
(e) is one which is not located within an area of critical state concern, unless the project subject to
the proposed amendment involves the construction of affordable housing units meeting the criteria of
s. 420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by s.
380.0552, Florida Statutes or by the Administration Commission pursuant to s. 380.05(1), Florida
Statutes. Such amendment is not subject to the density limitations of sub -subparagraph f., and shall
be reviewed by the state land planning agency for consistency with the principles for guiding
development applicable to the area of critical state concern where the amendment is located and shall
not become effective until a final order is issued under s. 380.05(6), Florida Statutes; and
(f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami
Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4,
Section 4.01, C-1 Restricted Commercial of the City of Miami Zoning Ordinance 11000, as amended.
(g) the proposed amendment complies with the applicable acreage and density limitations set
forth in the Local Government Comprehensive
Planning and Land Development Regulation Act including, without limitation, s. 163.3187,
Florida Statutes.
Section 4. The City Manager is directed to instruct the Director of the Planning Department to
promptly 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; and any other person or entity requesting a copy.
Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 6. 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 7. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof pursuant and subject to s. 163.3187(3)(c), Florida Statutes. {1 }
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective date stated herein, whichever is later.
City of Miami page 2 of 2 Printed On: 611012008