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ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 5808 NE 4th Court and 454 NE 58th Street.
Application No. LU- 2003-0021
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from "Medium Density Multifamily
Residential" to "Restricted Commercial". The subject parcel consists of five lots facing
NE 4th Court. (Complete legal description on file at the Hearing Boards Office).
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 parcel is currently
designated "Medium Density Multifamily Residential" and the same designation is to the
west and north; to the south, there is a "Restricted Commercial land use designation and
to the east, is the Florida East Rail Road land.
Medium Density Multifamily Residential: Areas designated as "Medium Density Mul-
tifamily Residential" allow residential structures to a maximum density of 65 dwelling
units per acre, subject to the detailed provisions of the applicable land development regu-
lations and the maintenance of required levels of service for facilities and services in-
cluded in the City's adopted concurrency management requirements.
Supporting services such as 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
(15-50 clients) and day care centers for children and adults may be permissible in
suitable locations.
Permissible uses within medium density multifamily areas also include commercial ac-
tivities that are intended to serve the retailing and personal services needs of the building
or building complex, small scale limited commercial uses as accessory uses, subject to
the detailed provisions o-f applicable land development regulations and the maintenance
of required levels of service for such uses, places of worship, primary and secondary
schools, and accessory post -secondary educational facilities.
Professional offices, tourist and guest homes, museums, and private clubs or lodges are
allowed only in contributing structures within historic sites or historic districts that have
been designated by the Historical and Environmental Preservation Board and are in suit-
able locations within medium density multifamily 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 con-
tributing structure(s).
"Restricted Commercial": Areas designated as "Restricted Commercial" allow residen-
tial uses (excepting rescue missions) to a maximum density equivalent to "High Density
Multifamily Residential" 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 estate, banking and other financial services, res-
taurants, saloons and cafes, general entertainment facilities, private clubs and recreation
facilities, major sports and exhibition or entertainment 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 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 north and west of the subject properties
there is an area designated Medium Density Multifamily Residential.
• It is found that the character of NE 4th Court, in this specific location, is residential.
• It is found that the change to "Restricted Commercial" is not a logical extension of
that category and will be a commercial intrusion into a residential street.
• It is found that in 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 Policy 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) (CIS 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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Proposal No 03-21
Date: 11 /18103
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant; Sabrina D'Eca on behalf of Al D'Eca & Assoc, etal
Address: 5808 NE 4th Court and 454 NE 58th Street
Boundary Streets: North: N/A East: NE 4th Court
South: N/A West: NE 4th Ave1FEC
Proposed Change: From: Medium Density Multifamily Residential
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
Residential 0.62 acres @ 65 DU/acre 40 • DU's
Peak Hour Person -Trip Generatiop, Residential 33
Other 0 sq.ft.@ L 0 FAR 0 sq.ft.
Peak Hour Person -Trip Generation, Other 0
Proposed Designation, Maximum Land Use Intensity
Residential 0.62 acres @ 150 DUlacre 93 DU's
Peak Hour Person -Trip Generation, Residential 47
Other 0 acres 0 FAR 0 sq.ft.
Peak Hour Person -Trip Generation, Other 0
Net Increment With Proposed Change:
Population 135
Dwelling Units 53
Peak Hour Person -Trips 14
Planning District Upper East Side
County Wastewater Collection Zone 308
Drainage Subcatchment Basin E3
Solid Waste Collection Route 7
Transportation Corridor Name Biscayne
RR
RECREATION AND OPEN SPACE
Population Increment, Residents 135
Space Requirement, acres 0.18
Excess Capacity Before Change 182.90
Excess Capacity After Change 182.62
Concurrency Checkoff OK
POTABLE WATER TRANSMISSION
Population Increment, Residents 135
Transmission Requirement, gpd 30,338
Excess Capacity Before Change >2% above demand
Excess Capacity After Change >2% above demand
Concurrency Checkoff OK
SANITARY SEWER TRANSMISSION
Population Increment, Residents 135
Transmission Requirement, gpd 25,056
Excess Capacity Before Change See Note 1.
Excess Capacity After Change See Note 1.
Concurrency Checkoff WASA Permit Required
STORM SEWER CAPACITY
Exfiltration System Before Change On -site
Exfiltration System After Change ' On -site
Concurrency Checkoff OK
SOLID WASTE COLLECTION
Population Increment, Residents 135
Solid Waste Generation, tons/year 173
Excess Capacity Before Change 800
Excess Capacity After Change 627
Concurrency Checkoff OK
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Land Use Policy 1.11
CIE Policy 1.2.3
TRAFFIC CIRCULATION
Population Increment, Residents 135
Peak -Hour Person -Trip Generation 14
LOS Before Change B
LOS After Change 6
Concurrency Checkoff OK
NOTES
1. Permit for sanitary sewer connection must be issued by
Metro -Dade Water and Sewer Authority Department (WASA).
Excess capacity, If any, is currently not known
r:M 1 Ifil ngft'31cin
ASSUMPTIONS AND COMMENTS
Population increment is assumed to be all new residents Peak -period trip
generation is based on €TE Trip Generation, 5th Edition at 1 4 pov average
occupancy for private passenger vehicles Transportation Carndor capacities and
LOS are from Table PT-2(R1), Transportation Ccmdors 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 sze, if not.
new connections are to be installed at owner's expense
Recreation/Open Space acreage requirements are assumed with proposed
change made.
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