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HomeMy WebLinkAboutAnalysisANALYSIS FOR LAND USE CHANGE REQUEST Approximately 190 NE 71" Street & 185 NE 70th Street and Alley Abutting to the East Application No. 09-04 File ID 08-01207lu REQUEST The proposal is for a change to the 2020 Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Duplex Residential" and "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 2020 Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map." Duplex Residential: Areas designated as "Duplex Residential" allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of re- quired levels of service for facilities and services included in the City's adopted concurrency management requirements. J Community based residential facilities (14 clients or less, not including drug, alcohol or correc- tional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. 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 dup- lex 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). Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow 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 main- tenance 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 includ- ing 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 (except rescue missions) to a maximum density equivalent to "High Density Multifamily Resi- dential' subject to the same limiting conditions and a finding by the Planning Director 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; 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 en- tertainment facilities and other commercial activities whose scale and land use impacts are simi- lar 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 per- missible. The nonresidential portions of developments within areas designated as "Restricted Commer- cial" 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 compliance with the detailed provisions of the appli- cable land development regulations; however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allows a maximum floor area ratio (FAR) of 10 times the gross lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and ser- vices included in the City's adopted concurrency management requirements. DISCUSSION The subject area consists of two parcels comprising approximately 0.25 acres. The parcels are located within the block bounded by NE 70th Street to the south, N Miami Avenue to the west, NE 71St Street to the north and NE 2"d Avenue to the east. The site is currently designated "Duplex Residential" and "Medium Density Multifamily Residential". Surrounding the subject site is also "Medium Density Multifamily Residential" land use to the north. To the east the 2 designation is "Restricted Commercial", to west the designations are "Duplex Residential" and "Medium Density Multifamily Residential" and to the south of the parcel is a "Duplex Residential" Land Use designation. The subject site is in the Little Haiti NET area. =1 ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The parcels are part of a duplex residential and medium density residential neighborhood. • The requested change will represent an intrusion of commercial uses into a duplex residential and 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 "Duplex Residential" and "Medium Density Multifamily Residential" land use cate- gories allow residential structures to a maximum density of 18 and 65 dwelling units per acre respectively. The requested "Restricted Commercial " 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 cominercial 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. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 09.04 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 2/18/2009 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Estrellita Sibila on behalf of Niclas and Lisanne Pierre RECREATION AND OPEN SPACE Address: 190 NE 71 ST & 185 NE 70 ST Population Increment, Residents Space Requirement, acres 26 0.03 Boundary Streets: North: NE 71 ST East: NE 2 AV Excess Capacity Before Change 182.80 South: NE 70 ST West: N MIAMI AV Excess Capacity After Change 182.77 Proposed Change: From: Medium Density Multifamily Residential Concurrency Checkoff OK To: Restricted Commercial POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Intensity Residential 0.1202 acres @ 65 DU/acre 8 DU's Population Increment, Residents 26 Peak Hour Person -Trip Generation, Residential 5 Transmission Requirement, gpd 5,884 Other sq,ft. 0 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 0.1202 acres @ 150 DU/acre 18 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 10 Population Increment, Residents 26 Other sq.ft. @ FAR 0 sq,ft. Transmission Requirement, gpd 4,860 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: Population 26 Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Dwelling Units 10 Peak Hour Person -Trips 4 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Little Haiti Concurrency Checkoff OK County Wastewater Collection Zone 308 SOLID WASTE COLLECTION Drainage Subcatchment Basin C2 Solid Waste Collection Route 104 Population Increment, Residents 26 Transportation Corridor Name NE 2 AV Solid Waste Generation, tons/year 34 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 766 Concurrency Checkoff OK Land Use Goal LU -1 (See attachment 1) TRAFFIC CIRCULATION Land Use Objective LU -1.1 Land Use Policy 1.1.1 Population Increment, Residents 26 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 4 Capital Improvements Objective CI -1.2 LOS Before Change B Capital Improvements Policy 1.2.3 a -g LOS After Change B Concurrency Checkoff OK 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. Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density eouivalent to 'High Density Muiliramily Residential' subject to (he same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and the adequated services and amenities exist in the adjacent area to accommodate the needs of potential re sidents;Vansitory residential facilities such as hotel and motels; general office use; dinice and laboratories; as well as commercial activities (hat generally serve the daily retailing and service needs of the public, and often located along arterial or collector roadway, which include: general retailing, personal and professional services, real estate,banking, restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, placesof workship, and primary and secondary schools, This category also Includes commercial marinas and living quarters on vessels as permissible, Allow a maximum lot floor ratio FLR) of 7.0 times the net lot area of the subiect property; such FLR may be incre ased upon compliance with the detail provisions of the applicable land development reciulations•however, FLR may not exceed a totalFLR of 11.0 times the net lot area of the subiect property. Properties designated as Restricted Commercial in the Urban Central Business District and Buenavista Yards regional Activity Center allow a maximum floor area lot ratio (FLR) of 37.0 times the net lot area of the subject property CM -1 —IN 03/1 ASSUMPTIONS AND COMMENTS 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-2(Rl), 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. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 09-04 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 2/1812009 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Estrellita Sibila on behalf of Niclas and Lisanne Pierre RECREATION AND OPEN SPACE Population Increment, Residents 45 Address: 190 NE 71 ST & 185 NE 70 ST Space Requirement; acres 0.06 Boundary Streets: North: NE 71 ST East: NE 2 AV Excess Capacity Before Change 182.80 South: NE 70 ST West: N MIAMI AV Excess Capacity After Change 182.74 Proposed Change: From: Duplex Concurrency Checkoff OK To: Restricted Commercial POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Intensity Residential 0.1326 acres @ 18 DU/acre 2 DU's Population Increment, Residents 45 Peak Hour Person -Trip Generation, Residential 2 Transmission Requirement, gpd 10,080 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 0.1326 acres @ 150 DU/acre 20 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 11 Population Increment, Residents 45 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 8,325 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 45 STORM SEWER CAPACITY Dwelling Units 18 Peak Hour Person -Trips 9 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Little Haiti Concurrency Checkoff OK County Wastewater Collection Zone 308 Drainage Subcatchment Basin C2 SOLID WASTE COLLECTION Solid Waste Collection Route 104 Population Increment, Residents 45 Transportation Corridor Name NE 2 AV Solid Waste Generation, tons/year 58 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 742 Concurrency Checkoff OK Land Use Goal LU -1 (See attachment 1) TRAFFIC CIRCULATION Land Use Objective LU -1.1 Land Use Policy 1.1.1 Population Increment, Residents 45 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 9 Capital Improvements Objective CI -1.2 LOS Before Change B Capital Improvements Policy 1.2.3 a -g LOS After Change B Concurrency Checkoff OK 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. Restricted Coromandel, Allow residential uses (except rescue missions) to a maximum density equivalent to 'High Density Multifamily Resldeallor subject to the some Ilmlling conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and the adequaled services and amenities exist in the adjacent area to accommodate the needs of potential residents;tmnsilory residential facilities such as hotel and motels; general office use; clinics and laboratories; as well as commercial activities that generally serve the daily retailing and service needs of the public, and often located along arterial or collector roadway, which include: general retailing, personal and professional services, real estate, banking, restaurants, saloons and cafes, general entertainment facilities,. private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar In nature of those uses described above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. Allow a maximum lot floor ratio. FLR) of 7.0 times the net lot area of the sublecl property such FLR maybe incre ased upon compliance with the detail provisions of the applicable land development regulations;however, FLR .may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as Resuicted Commercial in the urban Central Business District and Buenavisla Yards regional Activity Center allow a maximum floor area lot ratio (FLR) of 37.0 times the net lot area of the subject property CM -1 —IN 03/1 ASSUMPTIONS AND COMMENTS 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 -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. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 09-04 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 2/18/2009 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Estrellita Sibila on behalf of Niclas and Lisanne Pierre RECREATION AND OPEN SPACE Population Increment, Residents 22 Address: ALLEY BEHIND 190 NE 71 ST & 185 NE 70 ST Space Requirement, acres 0.03 Boundary Streets: North: NE 71 ST East: NE 2 AV Excess Capacity Before Change 182.80 South: NE 70 ST West: N MIAMI AV Excess Capacity After Change 182.77 Proposed Change: From: Alley Concurrency Checkoff OK To: Restricted Commercial POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Intensity Residential 0,0571 acres @ 0 DU/acre 0 DU's Population Increment, Residents 22 Peak Hour Person -Trip Generation, Residential 0 Transmission Requirement, gpd 4,931 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 0.0571 acres @ 150 DU/acre 9 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 5 Population Increment, Residents 22 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 4,072 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 22 STORM SEWER CAPACITY Dwelling Units 9 Peak Hour Person -Trips 5 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Little Haiti Concurrency Checkoff OK County Wastewater Collection Zone 308 SOLID WASTE COLLECTION Drainage Subcatchment Basin C2 Solid Waste Collection Route 104 Population Increment, Residents 22 Transportation Corridor Name NE 2 AV Solid Waste Generation, tons/year Excess Capacity Before Change 28 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 772 Concurrency Checkoff OK Land Use Goal LU -1 (See attachment 1) TRAFFIC CIRCULATION Land Use Objective LU -1.1 Land Use Policy 1.1.1 Population Increment, Residents 22 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 5 Capital Improvements Objective CI -1.2 LOS Before Change B Capital Improvements Policy 1.2.3 a -g LOS After Change B Concurrency Checkoff OK NOTES; 1. Permit for sanitary sewer connection must be issued by Metro Dade Waterand Sewpr Authority ASSUMPTIONS AND COMMENTS Department (WASA). Excess capacity, if any, Is currently not known. Population .increment is assumed to be all .new residents. Peak -period trip Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density equivalent to generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average 'High Density Multifamily Residential' subject to the same limiting conditions and a finding by the Planning occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT -2(R 1), Transportation Corridors report, Director that the proposed site's proximity to other residentially zoned property makes it a logical extension Potable water and wastewater transmission capacities are in accordance with or continuation of existing residential development and the adequated services and amenities exist in the 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, adjacenl area to accommodate the needs of potential residents;Vansitory residential facilities such as hotel new connections are to be installed at owner's expense. and motels; general office use; clinics and laboratories; as well as commercial activities that generally serve the Recreation/Open Space acreage requirements are assumed with proposed daily retailing and seryice needs of the public, and often located along arterial or collector roadway, which change made. include: general retailing, personal and professional services, real estate, banking. restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use Impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. Allow a maximum lot floor ratio FLR). of 7.0 times the net lot areaof die subject property such FUR may be incre ased upon compliance with the detail provisions of the applicable land development regulations•however, FLR may not exceed a total FLR of 11.0 times the net lot area of the sublect property. Properties designated as Restricted Commercial in the Urban Central Business District and Buenavisla Yards regional Activity Center allow a maximum floor area lot ratio (FLR) of 37.0 times the net lot area of the subiect property CM_1_IN 03/13/90