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HomeMy WebLinkAboutPZAB (15478) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-016 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15478 Date Rendered: 4/02/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENTS, RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW -DENSITY RESTRICTED COMMERCIAL " OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 1300 NORTHWEST 38 STREET AND 1317 NORTHWEST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties are located at approximately 1300 Northwest 38 Street and 1317 Northwest 37 Street (collectively the "Property") and have a current future land use designation of "Duplex Residential"; and WHEREAS, Robert Fernandez, Esquire., on behalf of STW Real Estate LLC (the "Applicant") applied to the City of Miami ("City") to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation of the Property to "Low -Density Restricted Commercial"; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 25,500 square feet (0.585 acres) of land; and WHEREAS, the Property is in a Transit Oriented Development (TOD); and WHEREAS, the Property is one (1) block from a Transit Corridor; and WHEREAS, the request to change the land use designation of the Property is inconsistent with the City of Miami Comprehensive Neighborhood Plan (MCNP), Future Land Use Goal LU-1 as it will not protect or preserve residential sections of the neighborhood; and WHEREAS, this request to change the future land use designation of the Property is consistent with the MCNP Transportation Policy TR 2.1.3 as the Property is along a transit corridor and near the Allapattah Metrorail station; and WHEREAS, the request to change the future land use designation of the Property is consistent with Transportation Policy TR 1.1.5 as it will encourage higher density development along a transit corridor; and Date Rendered: 4/02/2024 City of Miami Page 1 of 3 File ID: 15478 (Revision:) Printed On: 4/2/2024 WHEREAS, the request to change the future land use designation of the Property is inconsistent with LU 1.1.3 as it will result in an encroachment of incompatible land uses along Northwest 38 Street and Northwest 13 Avenue; and WHEREAS, the site is 25,585 square feet or 0.587 acres in size; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, Ordinance No. 10544, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and WHEREAS, PZAB has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend approval of this amendment to the FLUM of the MCNP as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Planning, Zoning and Appeals Board ("PZAB") recommends that the City Commission approve an amendment to Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, by changing the Future Land Use designation of 25,500 square feet (0.585 ± acres) of real property at 1300 Northwest 38 Street and 1317 Northwest 37 Street Miami, Florida from "Duplex Residential" to "Low -Density Restricted Commercial", as described in "Exhibit A", attached and incorporated. Section 3. It is found that this amendment to the Comprehensive Plan designation change involves a use of fifty (50) acres or fewer and: (a) Is unnecessary due to a lack of changing or potentially changing conditions; (b) The cumulative annual effect of the acreage for all small-scale development amendments adopted by the City does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, or objectives of the City's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small-scale Future Land Use Map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern as designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Density would be "Low Density Restricted Commercial", 36 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and City of Miami Page 2 of 3 File ID: 15478 (Revision:) Printed On: 4/2/2024 intensity will be as established in Article 4 of the City's Zoning Ordinance, the Miami 21 Code, as amended; and (f) The proposed amendment does not comply with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. Section 4. This Resolution shall become effective immediately upon its adoption. Reviewed and Approved: David Snow City of Miami Page 3 of 3 File ID: 15478 (Revision:) Printed On: 4/2/2024 This wbmittalneeds to be scheduled fora public hearing in accordance with timelines set foals In the City of Miami Code. She applicable decision -making body will review the Information at the public hearing to render recommendation or a final decision. PZ-23-15999 2/21/24 City of is !Nanning Department STAFF ANALYSIS FOR FUTURE LAND USE AP AMEND ENT TO THE C MP EHENSIVE PLAN Staff Analysis Report No. PZ-23-15999 Addresses 1317 Northwest 37 Street, 1300 Northwest 38 Street Folio Numbers 01-3123-037-5000, 01-3123-037-5080 Area 25,500 sq. ft. (0.585 ac) Commission District District 1- Miguel Angel Gabela Commissioner District Office Allapattah Existing FLU Designation Duplex Residential Proposed FLU Designation Low Density Restricted Commercial Planner Maxwell Utter, Planner II; mutter@miamigov.com Property Owner STW Real Estate LLC Project Representative Robert De La Fuente Esquire. BdelafuenteAlehtinen- Schultz.com Recommendation Denial A. REQUEST Pursuant to Policy LU-1.6.4 of the Miami Comprehensive Neighborhood Plan ("MCNP"), Robert De La Fuente, Esquire., on behalf of STW Real Estate LLC ("the Applicant") is requesting an amendment to Ordinance No. 10544, the Future Land Use Map ("FLUM") of the MCNP to change the Future Land Use (FLU) designation of the properties 1317 Northwest 37 Street and 1300 Northwest 38 Street ("the Property") from Duplex Residential to Low Density Restricted Commercial. The proposed amendment contains approximately 0.585 acres of property. Small- scale comprehensive plan amendments are those that involve less than 10 acres of property and are subject to the Small -Scale Review Process, as set forth in Section 163.3187, Florida Statutes. Concurrently, the Applicant is requesting a change to the Miami 21 Zoning Atlas as a companion item (ePlan ID PZ-23-15998). The companion application seeks to change the Property's zoning designation from "T3-O" Sub - Urban Transect Zone - Open to "T4-L" General Urban Transect Zone - Limited. The Property is legally described in the attached Exhibit "A". The table below summarizes the request. Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 1 of 12 2/13/2024 This submittal needs fo he scheduled for a public hearing In accordance with tlnellnes set forge in the City of Wang Code.The applicable decision -making body will reoewbte Information at the public hearing to render a recammendabon ors final decision. PZ-23-15999 02/21/24 Address Area Folio Existing FLUM Designation Proposed FLUM Designation 1300 Northwest 38 Street 7,500 sq. ft. (0.172 ac) 01-3123-0375-000 Duplex Residential Low Density Restricted Commercial 1317 Northwest 37 Street 18,000 sq. ft. (0.413 ac) 01-3123-03750-80 Duplex Residential Low Density Restricted Commercial 25,500 sq. ft. (0.585 ac) Table 1: Summary of the Existing and Proposed FLU Designations, Folios, and Zoning Designations for the Property B. PROJECT DATA Property History Upon the adoption of Miami 21, the Property's Future Land Use was designated "Duplex Residential". No changes have been made since that time. Adjacent Properties and their associated Land Use designation(s), Transect Zone(s), and Existing Use(s) Based on the surrounding existing Uses, please refer to Table 2, the Property abuts Duplex Residential and Restricted Commercial Future Land Use designations. Surrounding uses include a mix of Residential and Office Uses. SURROUNDING USES Miami 21 MCNP / Density Existing Use North "T3-O" Sub - Urban Transect Zone — Open Duplex Residential Single Family Residential South "T5-L" Urban Center Transect Zone — Limited Restricted Commercial Office Building East "T3-O" Sub - Urban Transect Zone — Open Duplex Residential Single Family Residential, Multifamily Housing West "T3-O" Sub - Urban Transect Zone — Open Duplex Residential Duplex, Single Family Residential Table 2: Surrounding Uses Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 2 of 12 2/13/2024 Thla submlttalneeds to be scheduled for a public hearing r aceordance with timelines set forth In the City of j Miami Code.The applicable decision -Braking body mill t reviewthelnformetlon at the pubk hearing to render t recommendationora final decision. PZ-23-15999 02/21 /24 Site Location The Property directly fronts Northwest 13 Avenue, Northwest 38 Street, and Northwest 37 Street (see Figure 1). The Property consists of two (2) parcels with an approximate area of 25,585 sq. ft. (0.585 acres). The lot at 1300 Northwest 38 Street is vacant and the lot 1317 Northwest 37th Street has duplex that was built circa 1974. The aerial image below shows the site, outlined in red, and the immediately surrounding context. Figure 1: Aerial Photo of Subject Site (red outline) Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 3 of 12 2/13/2024 This subrrnHalneeds to be scheduled for a public hearing_ { In accordancewdh timelines set forth In the Cityot 1 Miami Cede. The applicable decision -making body will review the Information al the public hearing to render a recommendation or a final decision. PZ-23-15999 N. 02/21/24 C. ANALYSIS Existing Land Use Designations The two (2) parcels included in this request have an existing, underlying FLU designation of "Duplex Residential", which is defined by the MCNP as: Areas designated as "Duplex Residential" allow 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 service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol, or correctional 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 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 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). Proposed Future Land Use Designation The Applicant is seeking to change the existing, underlying FLU designation to "Low Density Restricted Commercial," which is defined by the MCNP as: Areas designated as "Low Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are 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 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. This category also includes commercial marinas and living quarters on vessels as permissible. Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 4 of 12 2/13/2024 This submittal needs to be scheduled for a public hearing In accordance oath timelines set forth In the City of Miami Cade.The applicable decision -making body Will review the Information at the public hearing to render a recommendation or a final decision. PZ-23-15999 \--„,__02/21 /24 The nonresidential portions of developments within areas designated as "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. The map below shows the existing and proposed Future Land Use designations for the Property, please refer to Figures 2 and 3. Figure 2: Existing Future Land Use Map Figure 3: Proposed Future Land Use Map Neighborhood Context: Soci©demographic Analysis The Applicant's Property is located within the 2020 United States Census Tract "12086002502" (the "Census Tract"). Staff reviewed the following socioeconomic indicators/variables Population, Households, Average Household Size, Families in Poverty, Owner -Occupied Housing, Renter -Occupied Housing, Vacant Housing, Median Family Income, and Median Gross Rent to understand the differences between this Census Tract and the City of Miami. The one sociodemographic indicator that is noteworthy deals with Housing: Owner -Occupied Housing is 31.88% (410 units) versus Renter -Occupied Housing is 64.23% (826 units), with a ratio of Renters to Owners being approximately 2.10 (826/410). Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 5 of 12 2/13/2024 \\\PZ-23-15999 .._.. 02/21/24 mis sobmntat needs to be scheduled fora public hearing In accordance with timelines set forth In the City of Miami Code. The applicable decision -making body MI review the Information at the public hearing to render a recommendation or a final deciann. Topic - United States 2020 Census Census Tract 25.02 City of Miami Population 5,059 442,241 Households 1,281 180,676 Average Household Size 3.9 2.5 Families in Poverty 37.71 % 17.14% Owner -Occupied Housing 31.88% 30.37% Renter -Occupied Housing 64.23% 69.63% Vacant Housing 3.49% 13.62% Median Family Income $32,348 $48,003 Median Gross Rent $1,062 $1,242 Table 3: Source: U.S. Census Neighborhood Context: Geospatial Analysis Planning Staff replicated the required one-half mile radius criteria as stipulated in Article 7, Section 7.1.2.8(c.) (2.) (g.), used for the companion Rezoning application PZ-23-15998, by performing a Spatial Analysis of the properties within a one-half mile radius (the "Study Area"), see Table 4 and Figure 4. Please note that the corresponding zoning is similar in terms of residential density and intensity of Uses. Study Area Citywide FLUM Designation Acreage % Total Acreage % Total Single Family Residential 205.08 40.80% 6,174.95 27.36% Duplex - Residential 101.14 20.12% 3,938.65 17.45% General Commercial 15.76 3.14% 991.97 4.40% Light Industrial 17.22 3.43% 511.86 2.27% Industrial 0.00 0.00% 449.46 1.99% Low Density Restricted Commercial 4.52 0.90% 144.44 0.64% Major Institutional, Public Facilities, Transportation and Utilities 25.92 5.16% 2,080.83 9.22% Medium Density Multifamily Residential 10.37 2.06% 1,428.38 6.33% Medium Density Restricted Commercial 26.38 5.25% 860.06 3.81% Public Parks and Recreation 3.45 0.69% 1,330.59 5.90% Restricted Commercial 88.83 17.67% 3,847.13 17.05% Conservation 0.00 0.00% 330.14 1.46% High -Density Multifamily Residential 0.00 0.00% 223.53 0.99% Low Density Multifamily Residential 0.00 0.00% 54.97 0.24% Central Business District 0.00 0.00% 199.22 0.88% Total 498.68 99.20% 15,135.45 100% Table 4: Land Use Comparison Between the Study Area and the City Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application - Page 6 of 12 2/13/2024 NOTICE This submltlalneeds to be scheduled fora public hearing accordanu with timelines set forth In the City of Miami Code. The applicable decGion-making hotrod!' review theinfannalion at the public hearing to render a recommendation or a final decision. PZ-23-15999 02/21 /24 1.1'"•"" " 1111111 111 111 1:. _„ . 111<1 Nw.S iST ST 1a1111i1111111p1 ° 1111111A■! I -43RD ST "" , 1/AAw111 rr i111H1�1111=�1�1 Illy- 1rrH�r11/ �rrr♦1 .M� :,�;,,r,;, ;; .r....�....,.. _.�-- =11111 II11 I MN tin MOO 11111-L!_Il1tr[LI{Ifl 111t NW 42N©IST 'll 11{1111 11111 N 11iIJS y NEN'40TH°ST =-a NV!7-28TH- NRD T" IVV`ND -0TH 1a. F 11lNlrwrw4 sd . --NW29THsST 46TH:ST N-49'f=H`ST NW 48TIISST 1LL1.I H fF i i!�.i f!�._.J� A-1 Ij11 CM I iTTO -NW47THrT1ER f! 11 6Jrr11Ij1f11f1111111{) [NW4"7TH�STi IF--IIIVIIIII!!11111111141 11 NW-45THfST Subject Prope C Ililiu 01 NW629TF i TER NW-26TH ST 25TH-ST1 4TH-ST Ili1011M ■11k11•1 1 r ■11M I 1111M1 1i :11 ' 11�111111 Figure 4: Half -Mile (0.5-mile) Study Area radius (green outline), and Subject Property (blue dot) Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application - Page 7 of 12 2/13/2024 This submittal needs to be scheduled for a public hearing In accordance with timelinesset forth In the City of Miami Cede. The applicable decfslonemaking body ill review the Information at the public hearing to render recommendation or a It decision. PZ-23-15999 02/21/24 Photos Looking North: The picture shows the eastern part of 1317 Northwest 37 Street. The duplex on the left side of the photo is also part of the property. 1300 Northwest 38 Street is beyond the row of trees Looking West: The upper picture was taken at 1317 Northwest 37 Street and shows the duplex. The lower picture shows 1300 Northwest 38 Street Looking South: The picture shows 1300 Northwest 38 Street. 1317 Northwest 37 Street is beyond the row of trees. Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 8 of 12 2/13/2024 This submetat needs to be scheduled fora public hearing In accordance with timelines set lorlh in the City of Miami Cade. The applicable decision -making body witl review the Intonation al the pubic hearing to render a recommendation or a final decision. PZ-23-15999 02/21/24 Concurr ncy Analysis The Planning Department evaluated levels of service as required for this application. The Levels of Service (LOS) testing is based on a potential increase in population for this area. Schools On September 12, 2023, Miami -Dade County Public Schools stated that there are enough seats to absorb the additional students. Recreation and Open Space The MCNP requires a 10-minute'/2-mile barrier -free walk to a park entrance to meet public Levels of Service (LOS). The Planning Department conducted an analysis in GIS to assess the LOS for this proposal and found that it meets LOS standards. Potable Water The MCNP LOS standard for potable water service is 92.05 gallons per capita per day (PCPD). Consumption is assumed to be approximately 5,155 by residential uses; however, LOS standards do not take into consideration the consumption of non-residential use. Sanitary Sewer Transmission The MCNP LOS standard for Sanitary Sewer is 141 GPCD. The MCNP does not require testing of this County service. A Miami -Dade County Water and Sewer Department permit is required. Solid Waste Collection The City's LOS standard for Solid Waste is 1.28 tons/resident/year. The Franchise Agreement the City maintains provides flexibility to address fluctuations in solid waste production. Transportation The City of Miami submitted a request for a transportation concurrency for 1300 Northwest 38 Street and 1317 Northwest 37 Street. The report found that there would be a total of 4,323 daily trips and 418 peak hour trips generated as a result of the proposed land use change. Based on this preliminary analysis, additional information is needed to help determine the impact of this application. At the time of redevelopment, a traffic study may be required. The traffic study should include traffic mitigation if significant impacts to operating levels of service are identified. Furthermore, as the site does not impact an FDOT maintained roadway, coordination with FDOT is not required. Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 9 of 12 2/13/2024 This submittal needs lob scheduled fora public hearing In accordance with timelines set forth In the city of MIamI Code. The applicable decision -making body will review the information al the public hearing to render a recommendation or a Anal decision. PZ-23-15999 02/21/24 Comprehensive Plan Analysis The following is an analysis of the application relative to the Goals, Objectives, and Policies of the MCNP. Criteria 1 Policy LU-1.6.4: "Any proposal to amend the City's Zoning Atlas that has been deemed to require an amendment to the Future Land Use Plan Map by the Planning Department shall require a level of service (LOS) review and a finding from the Planning Department that the proposed amendment will not result in a LOS that falls below the adopted minimum standards described in Policy CI-1.2.3 and will not conflict with any element of the MCNP. Based on its evaluation, and other relevant planning considerations, the Planning Department will forward a recommended action on said amendment to the Planning Advisory Board, which will then forward its recommendation to the City Commission." Analysis 1 Planning Department staff conducted a concurrency management analysis for Recreation & Open Space, Sanitary Sewer, and Solid Waste. Staff found the proposed FLUM amendment to pass LOS. Miami Dade County Public Schools submitted a report that the schools in the Concurrency Service Area can accommodate an increase in students in the event of the proposed land use change. Transportation Concurrency found that there would be a total of 4,323 daily trips and 418 peak hour trips generated as a result of the proposed land use change. Finding 1 Staff finds the request consistent with Policy LU-1.6.4. Criteria 2 Goal LU-1 Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. Analysis 2 The additional Uses allowed in the proposed Future Land Use designation such as elementary and secondary schools, laboratories, general entertainment facilities would be inconsistent with the residential Uses to the north, east, and west of the Property. It would also allow Densities of residential Uses that would be incompatible with the Single Family and Duplex Residential character of the Neighborhood. The proposed change would Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 10 of 12 2/13/2024 Ties submittal needs to be scheduled fora public hearing In accordance with timelines set forth In the City of Miami Gale. The applicable decklon-making body Rill review the Information at the public hearing to render recommendation ofa final deoldon. PZ-23-15999 02/21/24 neither protect nor preserve residential sections of the neighborhood, reducing the quality of life for the residents. Finding 2 Staff finds the request inconsistent with Goal LU-1 Criteria 3 Policy TR-2.1.3 The City will encourage increased density of development within walking distance of transit corridors and Metrorail stations (as referenced in Policy LU- 1.1.10. and HO-1.1.9). Analysis 3 The Property is 10 minutes from the Allapattah Metrorail Station. The standard for "walking distance" is a 10-minute walk. Finding 3 Staff finds the request consistent with Policy TR 2.1.3 Criteria 4 Policy TR 1.1.5 The City will encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers. Analysis 4 The Property is along a transit corridor and within a Transit Oriented Development. Finding 4 Staff finds the request consistent with Policy TR 1.1.5 Criteria 5: 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; (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; (3) transportation policies that divide or fragment established neighborhoods; and (4) degradation of public open space, environment, and ecology. Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations. Analysis 5: While the additional Uses permitted as a result of the Future Land Use change would be compatible with the Office Uses to the south, newly permitted Uses such as General Commercial, Food Service Establishments, Offices, and Public Parking would be inconsistent with the predominantly Duplex Residential Uses to the north. The additional Uses would be somewhat compatible with the parcels east and west of 1317 Northwest 37 Street as those parcels are also Duplex Residential and abut Office. Uses, but the compatibility is not sufficient to justify the proposed change. Furthermore, the proposed change allows an increase in Density for residential development from 18 to 36 dwelling units per acre. As this Future Land Use Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 11 of 12 2/13/2024 This submittal needs to be scheduled fora public hearing n accordance with timelines set tooth In the City of Miami Code.ih applicable decision -making body W9I resiew the Information at the public bearing to render a recommendation or aflnal decision. PZ-23-15999 02/21/24 application has a companion rezone request, there is a potential for Density that is inconsistent with the surrounding densities to the north, east and west. The Density would be consistent with the Uses to the south. Finding 5: Staff finds the request inconsistent with Policy LU 1.1.3 D. CONCLUSION The Applicant's requested Future Land Designation change for the Property from "Duplex Residential" to "Low Density Restricted Commercial" was reviewed based on a "balanced approach" of weighing the merits of this application being compliant with the MCNP's Goals, Objectives, and Policies, Miami 21 Code's Successional Zoning Changes, and the diversity of any future project development due to the wider array of allowable uses under the Low Density Restricted Commercial land use designation. The proposed Future Land Use change is consistent with the City's goals to develop within TODs (TR 1.1.5 and TR 2.1.3), but the proposal also allows incompatible land uses and Densities to encroach into parcels to the north, east, and west (LU-1 and LU 1.1.3). While it is consistent with the Uses and Densities to the south, the overall impact on the Neighborhood is inconsistent with the overall character of the neighborhood. Therefore, the Planning Department recommends "Denial" of the land use change of the property addresses 1317 Northwest 37 Street and 1300 Northwest 38 Street) from "Duplex Residential" to "Low Density Restricted Commercial", based upon the facts and findings in this staff report. ---DocuSigned by: Voaxi), StnbW �- - 77D014040CA94DC.-. David Snow Interim Planning Director 5DocuSigned by: tAkekAAAAA, S UtAti a 3A75CAC5AF7E446... Sevanne Steiner CNU-A, Assistant Planning Director f---^DocuSigned by: fito,), w L Ufftr \---- 516A 5 D 057573427... Maxwell Utter, Planner II Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 12 of 12 2/13/2024 This aebm'dtatneeds to b scheduled fora public hearing In accordance with timelines set forth In the City of Miami Code. The applicabie dechlon-rnakfng body will review the Information at the public hearing to render a recommendation or a flnat decldon. PZ-23-1 5999 Land Development Attach ments: Attachment 1—Concurrency Analyses Staff Analysis Report No. PZ-23-15999: 1300 NW 38th Street -RE -Comprehensive Plan Application — Page 13 of 12 2/13/2024 Attachment 1 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING IMPACT OF PROPOSED AMENDMENT TO FUTURE LAND USE MAP PROJECT DETAILS Project Dox Number: Date: Applicant: PZ-23-15999 4/6/2023 STW REAL ESTATE LLC Address: 1300 NW 38 ST and 1317 NW 37 ST Boundary Streets: North: NW 38 ST East: NW 13 AV South: NW 37 ST West NW 13 PL Existing Future Land Use Designation: DUPLEX RESIDENTIAL Residential Density: 0.58 acres @ 18 DU/acre Assumed Population 28 Persons 10 DUs Proposed Future Land Use Designation: LOW DENSITY RESTRICTED COMMERCIAL Residential Density 0.58 acres @ 36 DU/acre 20 DUs Assumed Population with Increase 56 Persons NEIGHBORHOOD INFORMATION Commission District Office WASD Sewer Pump Station Basin Moratorium? Drainage Subcatchment Basin Allapattah tI2 Basin 0054 NO G1 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Future Land Use Goal LU-1 Future Land Use Objective LU-1.1 Future Land Use Policy LU-1.1.1 Capital Improvements Goal CI-1.2 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3, a-g Transportation Objective TR-1.6 Transportation Objective TR-1.5 CONCURRENCY ANALYSIS Increase in Population: 28 RECREATION AND OPEN SPACE MCNP Parks, Recreation, and Open Space Policy PR-1.1.4 requires a 10-minute (1/2-mile) barrier -free walk to a park entrance. Concurrency Test Result: PASS POTABLE WATER Level of Service standard: 92.05 GCPD Transmission potential with FLUM change 5,155 Policy PW-1.2.1 Excess capacity assumed to be 2% after change Concurrency Test Result: OK SANITARY SEWER TRANSMISSION Level of Service standard: 141 GPCD Policy SS-1.3.1 Excess capacity: See Note 1 below. Concurrency Test Result: WASD Permit Required STORM SEWER CAPACITY Exfiltration system before change On -site Exfiltration system after change On -site Concurrency Test Result: OK SOLID WASTE COLLECTION Solid waste generation, 1.28 tons/resident/year 72 Excess capacity before change 800 Excess capacity after change (728) Concurrency Test Result: OK TRANSPORTATION Level of Service standards in Objectives TR-1.6 and TR-1.7 Concurrency Test Result: SEE NOTE NOTES Permit for sanitary sewer connection must be issued by Miami -Dade Water and Sewer Department (WASD). Excess capacity, if any, is currently not known Assumed population with increase is assumed to be all new residents as permitted by the proposed future land use designation's base density ascribed through the Interpretation of the 2020 Future Land Use Map and associated Correspondence Table. Additional density may potentially be attainable subject to the detailed provisions of applicable land development regulations. Transportation Concurrency is addressed in a separate memorandum provided by the Office of Capital Improvements. _co PUB0C NOTICE ThsvemOnee& to beSCe fule0 ara MDEc Mxny scram cewen Dma.,n se rann nue Qbor Mow:Cote TM apgkatle aeriwi-madg Dtdy. renew Crinbnnation as the NDk hearing to render a remrmMnasim «a final team PZ-23-15999 �� 03/06/24 Q�� cps Parks, Recreation, and Open Space Level of Service PZ-23-15999 111P610 ViJiA'JM a SIN 11111 SR-112 NW 39TH ST 11111 MOIR NW 38TH ST ■y■�Ily City Boundary ■III.R Q Subject Property n Parcels - City -Owned Park 0.25 Mile Walking Distance 0.25 to 0.5 Mile Walking Distance 1111111 INN opimpos co MIL H O NW 35TH'ST- yf H —1 0 125 250 500 Feet i I Created by: City of Miami Planning Department Date created: March 20, 2023 N:\Planning\GIS\Concurrency N W E S Concurrency Manage ent Syste (CMS) Mia i-Dade County Public Schools iO PUB(/C a NOTICE c This ad,Nat needs b bes•.hehild bra pubic hexing axcarµe ewm umet+,e:,atam nm MyeW ith,—hesig io-, \ r recce,., taano,amaiuecscn Mia i-Dade County Public Schools d'A`\ PZ-23-15999 Concur ency Management System 9�A' 03106/24 = Preli inary Concurrency Analysis REVIEW GOB• MDCPS Application Number: PH0123040700207 Local Government (LG): Mia i Date Application Received: 4/7/2023 11:38:01 AM LG Application Number: PZ-23-15999 Type of Application: Public Hearing Sub Type: Public Applicant's Name: 1300 NW 28 St PZ-23-15999 Address/Location: 1300 NW 38 Street Master Folio Number: 0131230375000 Additional Folio Number(s): 0131230375080c PROPOSED # OF UNITS 36 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 36 CONCURRENCY SERVICE AREA SCHOOLS CSA Facility Name Net Available Seats Seats LOS Source Type Id Capacity Required Taken Met 4841 SANTA CLARA ELEMENTARY 58 3 3 YES Current CSA 6011 GEORGIA JONES-AYERS MIDDLE 254 2 2 YES Current CSA 7341 MIAMI JACKSON SENIOR 498 2 2 YES Current CSA ADJACENT SERVICE AREA SCHOOLS *An Im.act reduction of 32.58% included for charter and ma.net schools Schools of Choice . MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7285 / concurrency@dadeschools.net CITY OF MIAMI, FLORIDA TRANSPORTATION CONCURRENCY MEMORANDUM �,a needs eCcYK..'Ix .a \� new PZ-23-15999 TO: Ryan Shedd DATE: December 28, 2023 Interim Chief, Comprehensive Planning FROM: Collin Worth Transportation Project Manager Department of Resilience and Public Works FILE: PZ-23-15999 03/06/24 SUBJECT: Transportation Concurrency Analysis REFERENCES: PZAB File ID 23-15999 ENCLOSURES: Based on existing and proposed FLR and density for the applications for the project located at 1300 NW 38th Street and 1317 NW 37th Street, the maximum potential impact as it relates to trip generation was calculated. The proposed FLR and density have the potential to result in an increase of approximately 4,300 daily trips and 420 P.M. peak hour trips. Based on this preliminary analysis, additional information is needed to help determine the impact of this application. At the time of redevelopment, a traffic study may be required. The traffic study should include traffic mitigation if significant impacts to operating levels of service are identified. DAILY TRIP GENERATION COMPARISON EXISTING DAILY TRIP GENERATION ITE TRIP GENERATION CHARACTERISTICS DIRECTIONAL DISTRIBUTION BASELINE TRIPS MULTIMODAL REDUCTION GROSS TRIPS INTERNAL CAPTURE EXTERNAL VEHICLE TRIPS PASS -BY CAPTURE NET NEW EXTERNAL TRIPS Land Use ITE Edition ITE Code Scab ITE Units Percent In Out Total Percent MR Trips In Out Total Percent IC Trips In Out Total Percent PB Trips In Out Total In Out G R O U P 1 1 Single -Family Attached Housing 11 215 10 du 50% 50% 13 12 25 0.0% 0 13 12 25 0.0% 0 13 12 25 0.0% 0 13 12 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ITE Land Use Code Rate or Equation Total: 13 12 25 0.0% 0 13 12 25 0.0% 0 13 12 25 0.0% 0 13 12 25 215 Y=7.621(X)+-50.48 PROPOSED DAILY TRIP GENERATION ITE TRIP GENERATION CHARACTERISTICS DIRECTIONAL DISTRIBUTION BASELINE TRIPS MULTIMODAL REDUCTION GROSS TRIPS INTERNAL CAPTURE EXTERNAL VEHICLE TRIPS PASS -BY CAPTURE NET NEW EXTERNAL TRIPS Land Use ITE Edition ITE Coda Seale ITE Units Percent In Out Total Percent MR Trips In Out Total Percent IC Trips In Out Total Percent PB Trips In Out Total In Out G R O U P 2 1 Shopping Plaza (40-150k) 11 821 75.7944 ksf 50 % 50% 3,624 3,b23 7,247 0.0% 0 3.624 3,623 7,247 0.0% 0 3,624 3,623 7,247 40.0 % 2,899 2,174 2,174 4,348 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ITE Land Use Code Rate or Equation Total: 3,624 3.623 7.241 0.0% 0 3.624 3.623 7,247 0.0% 0 3,624 3.623 7.247 40.0% 2,899 2,174 2,174 4,348 821 Y=76.96'(X)+1412.79 K:\FTL_TPTO1042258128-WO#28 In-house Support\Correspondence\FLUM\December 2023\TRIP GEN 11_Redevelopment PZ-23-15999.xlsx: PRINT -DAILY 12/28/2023,12:34 PM IN OUT TOTAL NET NEW TRIPS 2,161 2,162 4,323 PM PEAK HOUR TRIP GENERATION COMPARISON EXISTING WEEKDAY PM PEAK HOUR TRIP GENERATION ITE TRIP GENERATION CHARACTERISTICS DIRECTIONAL DISTRIBUTION BASELINE TRIPS MULTIMODAL REDUCTION GROSS TRIPS INTERNAL CAPTURE EXTERNAL VEHICLE TRIPS PASS -BY CAPTURE NET NEW EXTERNAL TRIPS Land Use ITE Edition ITE Code Seale ITE Units Percent In Out Total Percent MR Trips In Out Total Percent IC Trips In Out Total Percent PB Trips In Out Total In Out G R 0 U P 1 1 Single -Family Attached Housing 11 215 10 du 57% 43% 1 1 2 0.0% 0 1 1 2 0.0% 0 1 1 2 0.0% 0 1 1 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ITE Land Use Code Rate or Equation Total: 1 1 2 0.0% 0 1 1 2 0.0% 0 1 1 2 0.0% 0 1 1 2 1 =U.6'lXl+- PROPOSED WEEKDAY PM PEAK HOUR TRIP GENERATION ITE TRIP GENERATION CHARACTERISTICS DIRECTIONAL DISTRIBUTION BASELINE TRIPS MULTIMODAL REDUCTION GROSS TRIPS INTERNAL CAPTURE EXTERNAL VEHICLE TRIPS PASS -BY CAPTURE NET NEW EXTERNAL TRIPS Land Uso ITE Edition ITE Code Scale ITE Units Par ant In Out Total Percent MR Trips In Out Total Percent IC Trips In Out Total Percent PB Trips In Out Total In Out G R 0 U P 2 1 Shopping Plaza (40-150k) 11 821 /0. /944 ksf 48% 52% 335 3b4 700 0.0% 0 336 364 700 0.0% 0 336 364 700 40.0% 280 202 218 420 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ITE Land Use Code Rate or Equation Total: 336 364 /00 0.0% 0 336 364 700 0.0% 0 336 364 700 40.0 % 286 202 218 420 821 Y=7.67'(X)+118.86 K:\FTL_TPTO1042258128-W0p28 In-house Support\Correspondence/FLUMIDecember 2023\TRIP GEN 11_Redevelopment PZ-23-15999.xlsx: PRINT -PM PEAK HOUR 12/28/2023,12:34 PM IN OUT TOTAL NET NEW TRIPS 201 217 418 AERIAL EPLAN ID: PZ-23-15999 COMPREHENSIVE PLAN AMENDMENT ADDRESS(ES): 1300 NW 38 ST, 1317 NW 37 ST 0 125 250 500 Feet I I This submblal raeeek. M scnetulei bra pubic hearag accordance,wah cr*eons snfmn h me (fry of Nam Coke. The aockadt Oevsion.. iY9 body will renew Me inform4kon al the pubic !nano to 'ender a recommendation or a Mal OcVon PZ-23-15999 02/21/24 FUTURE LAND USE MAP (EXISTING) EPLAN ID: PZ-23-15999 COMPREHENSIVE PLAN AMENDMENT ADDRESS(ES) : 1300 NW 38 ST, 1317 NW 37 ST 0 NW 14TH AV 125 250 I I I NW 13TH PL NW 13TH AV 500 Feet { NW 39ZH ST NW 38TH ST Duplex Res. u piex -- Residential Restricted Com. Restrictec Commercial NW 36THT General NW 12TH PL =SR 112 - — ThkwbntMnelibbe scheduled b a pubic eearbg na�amanre.abmenesseroee In O of Pari�e.,hea able an bod i, Ue inbarna un Mix pubic blew.; to renew a reommnnwapn or a met aeneon PZ-23-15999 02/21/24____,/' C Light - Industrial.__ I.+ t Industria III NW 37TH ST N FUTURE LAND USE MAP (PROPOSED) EPLAN ID: PZ-23-15999 COMPREHENSIVE PLAN AMENDMENT ADDRESS(ES) : 1300 NW 38 ST, 1317 NW 37 ST 0 125 250 500 Feet Thit submasal needs b he scnemled for . pubic nearing in accordance bah bmtlth lnei set forth In e CIy n Mari Cade. The appliatle depvmmaliag body Mt reNew be inbmthe al pubic !warm to ruff., a renOr lmenitdcn ora Nal decision PZ-23-15999 02/21/24 =NW=40TH=&T NW 39 NW 14TH AV J NW 13TH PL NW 13TH AV SR —Duplex-Residential NW 38TH ST Low -Density Restricted Commercial Restric ecl Commercial General Commereia IlihiI NW 12TH PL