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Home My WebLink AboutSubmittal-Elvis CruzANALYSIS FOR LAND USE CHANGE REQUEST r c Approximately 3681 & 3679 SW 2e' Street Application No. 09-13 File ID 09-01299lu 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 SU6iv Il i its INTO THE PUBLIC RECORD FOR ITEM"'q ONA-laaLlo. oq o�z�giv �,bm� ffal - EI vi s Cruz 09- o/2gzc— IN 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 two parcels comprising approximately 0.22 acres. It is located on the south side of the block fronting SW 25th Street. The block is bounded by SW 241h Terrace to the north, SW 36th Avenue to the east, SW 25th Street to the south and SW 37th 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, while "Duplex Residential" Future Land Use Is to the north, south and east of the subject property. The subject site is in the CORAL WAY 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, east and south by an established low density residential community. In addition, the character of SW 251h 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 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. gubmiited into the pubf e recoin�,connection with item r on-� Priscilla A.Cp�� • 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, while T3-0 designation is to the north, south 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. Submitted Into the Public in connection with -Z Z 40 �,on Priscilla A. ThomR`' City C: