HomeMy WebLinkAboutItem #2 - 3550 SW 7St- PAB 12.02.09PLANNING FACT SHEET
LEGISTAR FILE ID: 09-01300lu December 2, 2009 Item # P.2
APPLICANT Gilberto Pastoriza & Estrellita Sibila, on behalf of COVA,
Inc., Felipe A. Volls, Jr. as Trustee, Felipe A. Valls, Sr.
and Aminta Valls
REQUEST/LOCATION Consideration of amending the Miami Comprehensive
Neighborhood Plan
COMMISSION DISTRICT Commissioner District 4
LEGAL DESCRIPTION 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 3550, 3590, 3592, 3524, and 3500 SW
7th Street; 711 SW 36th Avenue; 710 SW 35th Avenue
Miami, Florida from "Duplex Residential" to "Restricted
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: 11/20/2009 Page 1
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 3500, 3550, 3590, 3592, 3524 SW 7th Street and 711, 710 SW 35th Avenue
Application No. 09-14
File ID 09-01300lu
REQUEST
The proposal is for a change to the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan from "Duplex 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 Map and the "Interpretation of the Future
Land Use Map."
The "Duplex Residential" land use category allows 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 required levels of ser-
vice for facilities and services included in the City's adopted concurrency management require-
ments.
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 al-
lowed only in contributing structures within historic sites or historic districts that have been des-
ignated by the Historical and Environmental Preservation Board and are in suitable locations
within duplex 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).
The "Restricted Commercial" land use category allow residential uses (except rescue mis-
sions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the
same limiting conditions and a finding by the Planning Director that the proposed site's proximi-
ty 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 col-
lector roadways, which include: general retailing, personal and professional services, real es-
tate, banking and other financial services, restaurants, saloons and cafes, general entertain-
ment facilities, private clubs and recreation facilities, major sports and exhibition or entertain-
ment 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 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 ap-
plicable 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 allow a maxi-
mum 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
services included in the City's adopted concurrency management requirements.
DISCUSSION
The subject area consists of seven parcels comprising approximately 0.75 acres. It is located
on the north side of the block fronting SW 7th Street. The block is bounded by SW 7th Street to
the north, SW 351h Avenue to the east, SW 8th Street to the south and SW 36th Avenue to the
west. The City of Miami municipal boundary is to the west of SW 37th Avenue. The site is
currently designated "Duplex Residential". A "Restricted Commercial" Future Land Use
designation is to the west and south, while a "Duplex Residential" Future Land Use is to the
north and east of the subject property. The subject site is in the WEST FLAGLER NET area.
ANALYSIS
The Planning Department is recommending DENIAL of the application as presented
based on the following findings:
• The property is surrounded on the north and east by an established low density residential
community. In addition, the character of SW 7th Street in this area is low density residential,
specifically "Duplex Residential".
• 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 MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex
Residential" land use category allows residential structures up to two dwelling units each to
a maximum density of 18 dwelling units per acre. The requested "Restricted Commercial"
designation allows 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; "Restricted Commercial" Land Uses that would represent
a potential intrusion of commercial uses into a low density neighborhood.
• 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.
2
• The 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.
• The analysis is NOT based on a proposed project. The highest potential use is being
considered.
• The proposed Miami 21 FLUM designation for the site is "Duplex Residential". The Miami 21
zoning designation is T3-0. The surrounding Miami 21 zoning designation is T6-8-0 to the
west and south, while T3-0 designation is to the north and east of the subject property.
These findings support the position that the Future Land Use Map at this location and for this
neighborhood should NOT be changed.
3
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal No 09-14 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 12/2/2009 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant, Gilberto Pastoriza and Estrella Sibila, Esq. on behalf of COVA, Inc. Feli
e A RECREATION AND OPEN SPACE
Valls, Jr. as Trustee, Felipe A. Valls, Sr. and Aminta Valls.
Population Increment, Residents
254
Address: 3550, 3590, 3592, 3524 & 3500 SW 7 ST, 711 SW 36 AV & 710 SW 3E
AV Space Requirement, acres
0.33
Boundary Streets: North: SW 7 ST East: SW 35 AV
Excess Capacity Before Change
182.80
South: SW 8 ST West: SW 36 AV
Excess Capacity After Change
182.47
Proposed Change: From: Duplex Residential
Concurrency Checkoff
OK
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
POTABLE WATER TRANSMISSION
Residential 0.7500 acres @ 18 DU/acre 14 DU's
Population Increment, Residents
254
Peak Hour Person -Trip Generation, Residential 11
Transmission Requirement, gpd
56,992
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 0.7500 acres @ 150 DU/acre 113 DU's
SANITARY SEWER TRANSMISSION
Peak Hour Person -Trip Generation, Residential 60
Population Increment, Residents
254
Other sq.ft. @ FAR 0 sq.ft.
Transmission Requirement, gpd
47,070
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 254
STORM SEWER CAPACITY
Dwelling Units 99
Peak Hour Person -Trips 49
Exfiltration System Before Change
On-site
Exfiltration System After Change
On-site
Planning District WEST FLAGLER
Concurrency Checkoff
OK
County Wastewater Collection Zone 310
Drainage Subcatchment Basin Q1
SOLID WASTE COLLECTION
Solid Waste Collection Route 201
Population Increment, Residents
254
Transportation Corridor Name SW 8 ST
Solid Waste Generation, tons/year
326
Excess Capacity Before Change
800
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Excess Capacity After Change
474
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
254
Capital Improvements Goal CI -1
Peak -Hour Person -Trip Generation
49
Capital Improvements Objective CI -1.2
LOS Before Change
D
Capital Improvements Policy 1.2.3 a - g
LOS After Change
D
Concurrency Checkoff
OK
NOTES: 1. Permit for sanitary sewer connection must be issued by Metro Dade Water and Sewer Authority
ASSUMPTIONS AND COMMENTS
Department (WASH). Excess capacity, if any, is currertly 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
occupancy for private passenger vehicles. Transportation Corridor capacities and
"Hioh Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning
LOS are from Table PT -2(R1), Transportation Corridors report.
Director that the proposed site's proximity to other residentially—d! 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,
adjacent area to accommodate the needs of potential residents;transitory, residential facilities such as hotel
new connections are to be installed at owner's expense.
and motels; general office use; clinics and lalsmatofies; as well as commemial activities that generally serve the
Recreation/Open Space acreage requirements are assumed with proposed
change made.
daily retailing and service needs of the public, and often located along arterial or collector roadway, which
include: rjweral retailing, personal and professional services, real estate, banking, restaurants, saloons and
cafes, general ertertainment facilites, private clubas and recreation facilites, major sports and exhibition or
,mwrtainmert 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 subject property: such FLR may be mcm
ased upon compliance with the detail provisions of the applicable land development mgulations:however. FLR
may not exceed a total FLR of 11.0 times the net lot area of the subject oromu. 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 03/13/90
Applicant Fields
City of Miami
Application Type
Public School Concurrency
Concurrency Management System Entered Requirements
«k
Applicant Fields
Information
Application Type
Land use and zoning change
Application Sub -Type
Application Name *
COVA, INC., et al
Application Phone
c/o Estrellita Sibila (305) 854-0800
Application Email *
ESibilaa_wsh-law.com
Application Address *
3550 SW 7 Street; 3590 SW 7 Street;3592 SW 7 Street; 711 SW 36
Avenue; 710 SW 35 Avenue; 3524 SW 7 Street; 3500 SW 7 Street
Contact Fields
Information
Contact Name *
Estrellita Sibila, Esq.
Contact Phone *
(305) 854-0800
Contact Email *
Esibila wsh-law.com
Local Govt. Name
City of Miami
Local Govt. Phone
305-416-1400
Local Govt. Email
GDGay@ci.miami.fl.us
Local Govt. App. Number
(OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-4104-000-0150; 01-4104-004-0010; 01-4104-004-0011;
01-4104-004-0020; 01-4104-004-0040; 01-4104-000-0230;
01-4104-004-0030
Additional Folio Number
See above
Total Acreage *
0.75 acres
Proposed Land
Use/Zoning *
Restricted Commercial
Single -Family Detached
Units
0
Single -Family Attached
Units (Duplex) *
0
Multi -Family Units
0
Total # of Units
112 Max allowed per zoning
Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local
government has provided vested rights; or for an already improved property which does not have to be re -platted as
deemed by the local government. The number of units to be input into the CMS is the net difference between the existing
vested number of units and the newly proposed number of units. Example: an existing 20 -unit structure will be torn down
for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the
CMS net difference between the 20 units vested less the newly proposed 4 units).
Required Fields for
Application
[Signature on next page]
1 of 2
FUTURE LAND USE MAP
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SW 5TH ST
MEDIUM DENSITY
MULTIFAMILY
RESIDENTIAL
0150 300 600 Feet ADDRESS: 3550 SW 7 ST, 3590 SW 7 ST, 3592 SW 7 ST,
L 711 SW 36 AV, 710 SW 35 AV, 3524 SW 7 ST,
3500 SW 7 ST
ZONING ATLAS MAP
SW 5TH ST
SW 5TH TER
SW 6TH ST
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0150 300 600 Feet ADDRESS: 3550 SW 7 ST, 3590 SW 7 ST, 3592 SW 7 ST,
L 711 SW 36 AV, 710 SW 35 AV, 3524 SW 7 ST,
3500 SW 7 ST
150 300 600 Feet ADDRESS: 3550 SW 7 ST, 3590 SW 7 ST, 3592 SW 7 ST,
711 SW 36 AV, 710 SW 35 AV, 3524 SW 7 ST,
3500 SW 7 ST
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City of Miami
I°r
nk -
Legislation
PAB Resolution
File Number: 09-01300lu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF 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 REAL PROPERTY LOCATED
AT APPROXIMATELY 3550, 3590, 3592, 3524; AND 3500 SOUTHWEST 7
STREET, 711 SOUTHWEST 36 AVENUE; 710 SOUTHWEST 35 AVENUE, MIAMI,
FLORIDA, FROM DUPLEX 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 December 2, 2009, Item No.
P.2, following an advertised public hearing, adopted Resolution No. -- 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 §
163.3187, Florida Statutes, is hereby amended by changing the land use designation from Duplex
Residential to Restricted Commercial for .75± acres of real property located at approximately 3550,
3590, 3592, 3524, and 3500 SW 7th Street; 711 SW 36th Avenue; 710 SW 35th Avenue, 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
Cite of _Miami Page I of 2 Printed On: 1112012009
File Number: 09-01300lu
of the local government's comprehensive plan, but proposes a land use change to the future land use
map for a site-specific development;
(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 § 420.0004(3), Florida Statutes, and is located within an area of critical state concern
designated by § 380.0552, Florida Statutes or by the Administration Commission pursuant to §
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 §. 380.05(6),
Florida Statutes; and
(f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami
Comprehensive Neighborhood Plan, as amended, and nonresidential intensity will be an FAR not to
exceed 3.0 times gross lot area of the subject property as established in the Miami Comprehensive
Neighborhood Plan, 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, § 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 § 163.3187(3)(c), Florida Statutes. {1}
Footnotes:
{1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} 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: 1112012009
Exhibit "A"
Legal Description
LEGAL DESCRIPTION:
PARCEL "A": LOT 2, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-4104-004-0020;
AND
PARCEL "B": LOT 1, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-4104-004-0011; FOLIO:
01--4104-004-0010;
AND
PARCEL "C": THE PORTION OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 194.51 FEET NORTH OF THE SOUTHWEST CORNER OF
THE SEX OF THE SWX OF THE SW% OF SECTION 41, TOWNSHIP 54 SOUTH,
RANGE 41 EAST; THENCE PARALLEL WITH THE SOUTHERLY LINE OF THE
WHOLE TRACT IN AN EASTERLY DIREC11ON 129.99 FEET FOR A POINT OF
BEGINNING; THENCE NORTH 100 FEET; THENCE 37.5 FEET EASTERLY AT
RIGHT ANGLES TO THE FIRST LINE OF THIS DESCRIPTION; THENCE
SOUTHERLY 100 FEET AND PARALLEL TO THE EASTERLY LINE OF THE
WHOLE TRACT; THENCE WESTERLY 37.5 FEET TO THE POINT OF BEGINNING,
LYING AND BEING IN MIAIM—DADE COUNTY, FLORIDA. FOLIO: 01-404-004-
0150;
AND
PARCEL "D": THE PORTION OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT 194.51 FEET NORTH AND 167.49 FEET EAST OF THE
SOUTHWEST CORNER OF SEBA OF THE SWIA OF THE SWIA OF SECTION 41,
TOWNSHIP 54 SOUTH, RANGE 41 EAST; THENCE RUN NORTH 100.00 FEET,
THENCE RUN EAST 37.50 FEET, THENCE RUN SOUTH 100,00 FEET, THENCE
RUN WEST 37.5 FEET TO POINT OF BEGINNING. LYING AND BEING IN
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-4104-000-0230;
AND
PARCEL "E": LOT 3, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT'PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-404-004-0030;
AND
PARCEL "F": LOT 4, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-404-004-0040;
CONTAINING AREA (NET): 32970.72 SQ.FT.