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ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 790 NW 44th Avenue
Application No. LU- 2005-00I
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan from "Medium Density Multifamily Residential" to
"Restricted Commercial." The subject parcel consists of one lot facing NW 44th Avenue
(A complete legal description is on tile 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
north and west; to the south and east there is a "Restricted Commercial" land use
designation.
Medium Density Multifamily Residential: Areas designated as "Medium Density Mul-
tifamily Residential" allows residential structures to a maximum density of 65 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.
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 of 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" (150 dwelling units per acre) subject to the same limiting con-
ditions; 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, restaurants, saloons and cafes, general entertainment facili-
ties, 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 property is
designated "Medium Density Multifamily Residential," and the abutting property to
the south is designated "Restricted Commercial."
• It is found that the change to "Restricted Commercial" is not a logical extension and
will represent a commercial intrusion into residential streets. Although the character
of NW 44th Avenue at this specific location is commercial in nature, the general
character of NW 44`h Avenue is multifamily residential; a land use change at this
location may set a precedent for future land use change applications.
• It is found that the land use designation allows 65 dwelling units per acre and the
requested "Restricted Commercial" land use category allows up to 150 dwelling
units per acre.
• It is found that Policy LU 1.1.3. states that the City's zoning ordinance provides for
protection of all areas of the city from (1) 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, or natural or man-made amenities.
These findings support the position that the existing land use pattern in this neighborhood
should not be changed.
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II/Proposal No 05-01
Date: 01 /26/05
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
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Applicant:Lorenzo Luaces
Address: 790 NW 44th Avenue
Boundary Streets: North: NIA East: NW 44th Avenue
South: NIA West: NIA
Proposed Change: From: Medium Density Multi -Family Residential
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
Residential 0.1619 acres @ 65 DUlacre
Peak Hour Person -Trip Generation, Residential
Other sq,ft. @ FAR
Peak Hour Person -Trip Generation, Other
Proposed Designation, Maximum Land Use Intensity
Residential 0.1619 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
11 DU's
9
0 sq.ft.
0
24 DU's
12
0 sq.ft.
35
14
4
Flagami
315
MI
28
NW 7th Street
RECREATION AND OPEN SPACE
Population Increment, Residents
Space Requirement, acres
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
35
0.05
182.80
182.75
OK
POTABLE WATER TRANSMISSION
Population Increment, Residents
Transmission Requirement, gpd
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
35
7,922
>2% above demand
>2% above demand
OK
SANITARY SEWER TRANSMISSION
Population increment, Residents 35
Transmission Requirement, gpd 6,543
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
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
35
45
800
755
OK
TRAFFIC CIRCULATION
Population Increment, Residents
Peak -Hour Person -Trip Generation
LOS Before Change
LOS After Change
Concurrency Checkoff
35
4
C
C
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
CM_1_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(RI ), 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 owners expense.
Recreation/Open Space acreage requirements are assumed with proposed
change made.