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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 SW 5TH ST SW 5TH TER SW 6TH ST H U S M DUPLEX 3RESIDENTIAL NE= SW 7TH ST SW 7 ST 'a x M co SW 8TH ST RESTRICTED COMMERCIAL SW 9TH ST OFFICE SW 9TH TER I-iTiv HoOl 7 Q s H Lo M cn SINGLE FAMILY RESIDENTIAL MAJ' OR INST P,UBLIeFA'C TRANS'P 9 TIL'ITIES s v M cncn cn 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 R-4 'OE=M N SW 7TH ST 'a x M 6yVJs-119MO 7 R-3 SW 9TH TER Q x H Lo M cn SW 5TH ST C-1 cn 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 tik3 F� 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.