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HomeMy WebLinkAboutItem #1 - 3825 Day AvePLANNING FACT SHEET LEGISTAR FILE ID: 10-00491lu APPLICANT May 5, 2010 Item #P.1 Peter E. Kilissanly, on behalf of European Automotive, LLC REQUEST/LOCATION Consideration of amending Ordinance No. 10544, as amended, The Miami Comprehensive Neighborhood Plan. (See attachment) COMMISSION DISTRICT 2 — Commissioner Marc Sarnoff 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 2020 Future Land Use Map for the property located at approximately 3825 Day Ave, Miami, Florida from "Duplex Residential" to "General 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 D.........a..t..e......Pri........n....t..e....d: 4/22/2010 .................................................................................................................................................................................................................................................................Page 1................1" ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 3825 Day Avenue Application No. LU -10-03 File ID 10-00491lu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan at the above mentioned location from "Duplex Residential" to "General 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 "General Commercial" land use category allows all activities included in the "Restricted Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Mul- tifamily residential structures of a density equal to High Density Multifamily Residential, are al- lowed subject to the detailed provisions of the applicable land development regulations. The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land de- velopment regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "General Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ra- tio (FLR) of 37.0 times the net 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 one parcel comprising approximately 0.26 acres. It is located on the north side of the block fronting Day Avenue. The block is bounded by US 1/South Dixie Highway to the north, SW 37th Avenue to the east, Day Avenue to the south and Brooker Street to the west. Higgs Street bisects the southern half of the block, dead ending on the backside of a property on the northern side of the block, and is the eastern boundary of the subject property. The site is currently designated "Duplex Residential". A "General Commercial" Future Land Use designation is to the north, a "Restricted Commercial" Future Land Use designation is to the northeast, a "Low Density Restricted Commercial" Future Land Use designation is to the east, while "Duplex Residential" Future Land Use is to the south and west of the subject property. The subject site is in the COCONUT GROVE NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • There is an established residential neighborhood to the south and west. 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 throughout this neighborhood. 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 "General 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 and should be reserved for the commercial area immediately adjacent on US 1/South Dixie Highway. • 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 General Commercial is not a logical extension of that category; "General 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. 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 approved Miami 21 zoning designation on this parcel is T3-0. The surrounding Miami 21 zoning designation is T6-8-0 to the north and northeast, T4-0 to the east, and T3-0 is to the west and south 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 Nc10-03 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 05/05/10 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Peter E. Kilissanly on behalf of European Automotive LLC. RECREATION AND OPEN SPACE Population Increment, Residents 88 Address: 3825 Day Avenue Space Requirement, acres 0.11 Boundary Streets: North: South Dixie Hwy East: SW 37 Avenue Excess Capacity Before Change 182.80 South: Day Avenue West: Brooker St Excess Capacity After Change 182.69 Proposed Change: From: Duplex Residential Concurrency Checkoff OK To: General Commercial POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Intensity Residential 0.2600 acres @) 18 DU/acre 5 DU's Population Increment, Residents 88 Peak Hour Person -Trip Generation, Residential 4 Transmission Requirement, gpd 19,757 Other sq.ft. @ FLR 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 0.2600 acres @ 150 DU/acre 39 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 21 Population Increment, Residents 88 Other sq.ft. @ FLR 0 sq.ft. Transmission Requirement, gpd 16,317 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 88 Dwelling Units 34 STORM SEWER CAPACITY Peak Hour Person -Trips 17 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Coconut Grove Concurrency Checkoff OK County Wastewater Collection Zone 310 Drainage Subcatchment Basin R2 SOLID WASTE COLLECTION Solid Waste Collection Route 206 Population Increment, Residents 88 Transportation Corridor Name SW 37 AV Solid Waste Generation, tons/year 113 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 687 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 88 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 17 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 ASSUMPTIONS AND COMMENTS 1. Permit tor sanitary sewer connection must be Issued by Metro -Dade water and sewer Autuority Department. Population Increment Is assumed to be all new residents. Peak -period trip (WASA) Excess capacity, It any, is currently not known aeneaiw MermarAreasaesignaeeaas-ueneralwmmerciai allow all aarvinesmauaeoInme generation Is based on ITE Trip Generation, 5th Edition at 1.4 ppv average "Restricted commercial" designations, as well as wnolesaling and distribution activities that generally serve rrne occupancy for private passenger vehicles. Transportation Corridor capacities and needs of other businesses; generally require on and off loading facilities, and benefit from close proximity to LOS are from Table PT -2(R1), Transportation Corridors report. industrial areas. These commercial activities include retailing of second hand items, automotive repair services, Potable water and wastewater transmission capacities are In accordance with new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material Metro -Dade County stated capacities and are assumed correct. Service sales and storage, wiolesaling, warehousing, distribution and transport related services, Ilgnt manutacturing ann assemniy ann other activities whose scale or operation ann lann use Impacts are similar to those uses connections to water and sewer mains are assumed to be of adequate size; if not, described above. Multiramby residential structures or a density equal to Hlgn Density Multiramlly Residential, new connections are to be Installed at owners expense_ are allowed suniect to [tie detailed provisions or [tie applicable land development regulations. Recreation/Open Space acreage requirements are assumed with proposed 1 tie nonresidential portions or developments within areas designated as "General commercial" allow a maximum change made. hoar lot ratio (EER) or 1.0 times the net lot area or the suniect property; such EER may be Increasen upon compliance wtn the detailed provisions or the appbcable land development regulations; however, may not exceed a total EER or 11 .0 times the net lot area or the suniect property. Properties ciesignaten as 'General commercial" In the Urban central lousiness District and Buena vista Yards Regional Activity center allow a maximum dear lot ratio (E ER) or 31.0 times the net lot area or the suniect property. All such uses and mixes or uses snail be suniect to the detailed provisions or the appbcable land development regulations and the maintenance or required levels or service for tacillties and services Included In [tie cityy s adopted concurrency management requirements. CM 1 IN 03/13/9 City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Application Sub -Type Application Name Application Phone fApplication Email Application Address x e" I h Contact Fields Information Contact Name Contact Phone Contact Email t>R � C' Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav,.trci.miami.(l.us Local Govt. App.' Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number Additional Folio Number Total Acreage * 0— Proposed Land Use/Zoning * — Single -Family Detached Units Single -Family Attached Units (Duplex) * A Multi -Family Units * N A Total # of Units 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 JA F �R vner(s)/Attorney/Applicant Name i ey/Applicant Signature 'ATE OF FLORIDA )LrNTY OF MIAMI-DADE The foregoing v+�s cknowledged before me thisJL d y of®—� iC) by y� L C.-- io is a(n) individual/partner/agent/corporatio o lu©i (�l(]L7A rc a(n) clividual/partnership/corporaD tion. He/She is personally knomi to me who has produced nyn!r : /r&x r A as identification and who did (did not) take an oath. Yp&'o, Michelle Shapiro (Stamp) ' COMMISSION#DD899627 •fie`; EXPIRES: JUN, 16, 2013 ' n er WWW, AARONNOTARY.cotn FUTURE LAND USE MAP SHIPPING AV U Q S S J W M J V M U) W U) ozW0� u O U ORANGE ST&IM SAN LORENZO AV J 5 �\ QJ v 0+ OQ-O `PJ �O 5 y1y a 50J y DAY AV LOW DENSITY RESTRICTED COMMERCIAL AV DUPLEX -RESIDENTIAL PERCIVAL AV OAK AV W Y 0— T:F:E O m SINGLE FAMILY -RESIDENTIAL FROW AV,� PERCIVAL AV I OAK AV FROW AV 0150 300 600 Feet . I I I ADDRESS: 3825 DAY AVENUE 0 X 0 150 300 600 Feet ADDRESS: 3825 DAY AVENUE SHIPPING AV V, Q M co ORANGE STS SAN LORENZO AV +Q. O� 5 PJ OQ-O `PJ �O 5 MIAMI 21 MAP T6=12=0 T6=12=0 a -10 T6-8-0 T4-0 AV PERCIVAL AV OAK AV rr w Y O O ET3 FROW AV T5=0� D1 T5 -L AV T3-0 PERCIVAL AV I OAK AV I T3 -R FROW AV I 0150 300 600 Feet ADDRESS: 3825 DAY AVENUE <,,' ���..F} City of Miami r i Legislation .`r{ 1, - _ PAB Resolution File Number: 10-00491lu 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, PERSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO S. 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 3825 DAY AVENUE, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on May 5, 2010, Item No. P.1, 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 s. 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Duplex Residential to General Commercial for .26± acres of real property located at approximately 3825 Day 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 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 City of Miami Page I of 2 File Id: 10-004911u (iVersion: 1) Printed On: 412312010 File Number: 10-00491lu 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 General 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-2 General 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} 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 immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 10-004911u (Version: ])Printed On: 412312010 Exhibit "A" LEGAL DESCRIPTION: Parcel 2 Lots 6 and 7, Less South 5.0 feet of "PERCIVAL PLAT REVISED" according to the Plat Thereof as recorded in Plat Hook 1 at Page 140, of the Public Records of Miami -Dade County, Florida. ,AKA 01-4120-013-0050.