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ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 339 NE 28th Street.
Application No. LU- 2004-013
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from "High Density Multifamily
Residential" to "Restricted Commercial". The subject property consists on a parcel
facing NE 28`h Street. (Complete legal description on file at the Department of Hearing
Boards).
Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established
future land use categories according to the Future Land Use Plan Map and the
"interpretation of the Future Land Use Plan Map". The subject property is currently
designated "High Density Multifamily Residential" and the same designation is to the
south, east and north; immediately to the west, the area is designated "Restricted
Commercial".
The High Density Multifamily Residential land use category allow residential structures
to a maximum density of 150 dwelling units per acre, 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. Higher densities may be allowed as shown for these specially -designated
areas:
Little Havana Target Area 200 units per acre
Southeast Overtown/Park West 300 units per acre
Brickell, Omni and River Quadrant 500 units per acre
Supporting services such as offices and commercial services and other accessory
activities that are clearly incidental to principal uses are permitted; community -based
residential facilities (14 clients or less, not including drug, alcohol or correctional
rehabilitation facilities) will be allowed pursuant to applicable state law; community -
based residential facilities (15+ clients), places worship, primary and secondary schools,
child care centers and adult day care centers may be permissible in suitable locations.
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The "Restricted Commercial" category allow residential uses (excepting rescue
missions) to a maximum density equivalent to "High Density Multifamily Residential",
up to 150 dwelling units per acre, subject to the same limiting conditions; 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 state, banking and other
financial services, restaurants, saloons and cafes, general entertainment facilities and
other commercial activities whose scale and land use impacts are similar in nature to
those uses described above, places or worship, and primary and secondary schools. This
category also includes commercial marinas and living quarters on vessels as permissible.
The Planning and Zoning Department is recommending DENIAL of the application
as presented based on the following findings:
• It is found that immediately adjacent to the west the area is designated "Restricted
Commercial".
• It is found that the character of NE 28th Street in this area is residential.
• It is found that the requested change is not a logical extension of the commercial
activities existing immediately to the west and will be a commercial intrusion into a
residential street.
• It is found that Goal LU-1. the City should maintain a land use pattern that protects
and enhances the quality of life in the city's residential neighborhoods.
• It is found that Goal LU-1.1.3 the City's zoning ordinance provides for protection of
all areas of the City from (1) the encroachment of incompatible land uses.
These findings support the position that the existing land use pattern in this neighborhood
should not be changed.
It also should be stated, that whereas MCNP Land Use Policy 1.1.1. requires development
or redevelopment, that results in an increase in density or intensity of land use, to be
contingent upon availability of public facilities and services that meet or exceed the
minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy
1.2.3.). It is found that the attached Concurrency Management Analysis pertaining to
concurrency demonstrates that no levels of service would be reduced below minimum
levels.
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CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal No 04-13 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 04/23/04 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant: Mr. Dana Murphy
Address: 339 NE 28th Street
Boundary Streets: North: n/a East; n/a
South: NE 28th Street West: n/a
Proposed Change: From: High Density Multi -Family Residential
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
Residential 0.13 acres @ 150 DU/acre
Pea our Person -Trip Generation, Residential
Other sq.ft. @ FAR
Peak Hour Person -Trip Generation, Other
Proposed Designation, Maximum Land Use intensity
Residential 0.13 acres @ 150 DU/acre
Peak Hour Person -Trip Generation, Residential
Other sq.ft. @ FAR
. Peak Hour Person -Trip Generation, Other
Net Increment With Proposed Change:
Population
Dwelling Units
Peak Hour Person -Trips
Planning District
County Wastewater Collection Zone
Drainage Subcatchment Basin
Solid Waste Collection Route
Transportation Corridor Name
20 DU's
10
0 sq.ft.
20 DU's
10
0 sq.ft.
0
0
0
0
Wynwood/Edgewater
308
H2
11
Biscayne
RECREATION AND OPEN SPACE
Population Increment, Residents
Space Requirement, acres
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
0
0.00
182.80
182.80
OK
POTABLE WATER TRANSMISSION
Population Increment, Residents
Transmission Requirement, gpd
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
0
0
>2% above demand
>2% above demand
OK
SANITARY SEWER TRANSMISSION
Population Increment, Residents
Transmission Requirement, gpd
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
0
0
See Note 1.
See Note 1.
WASA Permit Required
STORM SEWER CAPACITY
Exfiltration System Before Change
Exfiltration System After Change
Concurrency Checkoff
On -site
On -site
OK
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Land Use Policy 1.1.1
CIE Policy 1.2.3
SOLID WASTE COLLECTION
Population Increment, Residents
Solid Waste Generation, tons/year
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
0
0
800
800
OK
TRAFFIC CIRCULATION
Population Increment, Residents
Peak -Hour Person -Trip Generation
LOS Before Change
LOS After Change
Concurrency Checkoff
0
0
8
B
OK
NOTES
1. Permit for sanitary sewer connection must be issued by
Metro -Dade Water and Sewer Authority Department ()NASA).
Excess capacity, if any, is currently not known
CMA1_IN 03/13/90
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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.