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Home My WebLink AboutPAB Supporting DocumentationPLANNING FACT SHEET LEGISTAR FILE ID: 07-00051Iu February 7, 2007 Item # 1 APPLICANT REQUEST/LOCATION COMMISSION DISTRICT Ryan Emmer, Managing Member, on behalf of Montura Homes, LLC. Consideration of amending the Miami Comprehensive Neighborhood Plan 5 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 Future Land Use Map for the properties located at approximately 3814 NW 1st Avenue, Miami, Florida from "Single Family Residential" to "Duplex Residential." PLANNING RECOMMENDATION Denial BACKGROUND AND ANALYSIS See supporting documentation PLANNING ADVISORY BOARD VOTE: CITY COMMISSION CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date Printed: 1/31/2007 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 3814 NW 1st Avenue. Application No. LU- 2007-001 DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "Single Family Residential" to "Duplex Residential". The subject property consists of one lot at the corner of NW 39th Street and 1 St Avenue. (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 property is currently designated "Single Family Residential" and the same designation is to the north, east and west; to the south, there is a "Duplex Residential" land use designation. "Single Family Residential": Areas designated as "Single Family Residential" allow single family structures of one dwelling unit each to a maximum density of 9 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 foster homes and family day care homes for children and/or adults; and community based residential facilities2 (6 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 single family 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 suit- able locations within single family residential areas, pursuant to applicable land develop- ment 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 struc- ture(s). "Duplex Residential": Areas designated as "Duplex Residential" allow residential struc- tures 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 suit- able 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 struc- ture(s). The Planning and Zoning Department is recommending DENIAL of the application as presented based on the following findings: • It is found that to the east, west and north of the subject property, the areas are designated "Single Family Residential. • It is found that the character of NW 39th Street in this area is low density residential, specifically "Single -Family Residential" • It is found that the requested change to "Duplex Residential" would increase the permitted density from 9 units to 18 units per acre. • It is found that the change to "Duplex Residential" is not a logical extension of that category. • It is found that MCNP Goal LU-1 require to maintain a Iand use pattern that protects and enhances the quality of life in the city's residential neighborhoods 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. Proposal No 07-01 Date; 2/07/07 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 Ryan Emmer, managing member on behalf of Montura Homes, LLC Address: 3814 NW 1ST AVENUE Boundary Streets: North: NW 39 Street East: NW 1 Avenue South: NW 38 Street West: NW 2 Avenue Proposed Change: From: Ind. and Medium Density Multifamily Residential To: General Commercial Existing Designation, Maximum Land Use Intensity Residential 0.23 acres @ 9 DU/acre 2 DU's Peak Hour Person -Trip Generation, Residential 3 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.23 acres 6 18 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 4 DU's 5 0 sq.ft. 0 5 2 2 Little Haiti 308 E2 12 1-195 RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 5 0.01 182.80 182.79 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 5 1,192 >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 5 984 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 5 7 800 793 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 5 2 B B 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 03/13/00 ASSUMPTIONS AND COMMENTS Population Increment Is assumed to be all new residents. Peek•perlod 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 owners expense. Recreation/Open Space acreage requirements are assumed with proposed change made. FUTURE LAND USE MAP Single Family Residential i I J NW 39 ST Duplex Residential General, Commercial 0 150 300 NW 38 ST cn z NW 41 ST ST I I I I I I II I I I Medium Density Multifamily Residential ICJ t IZ 11 1 1 1 NW 35TH ST 600 Feet I I I I i i i 1 3814 NW 1ST AVENUE ZONING ATLAS MAP NW 36TH ST -12 Li) \.‘ 0 150 300 I I 600 Feet I 3814 NW 1ST AVENUE 3814 NW 1ST AVENUE OF f . Mir .,A/1 + City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00051Iu Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3814 NW 1st AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Future Land Use Map of Ordinance No.10544, as amended, the Miami Comprehensive Neighborhood Plan is hereby amended by changing the land use designation from "Single Family Residential" to "Duplex Residential" for the property located at approximately 3814 NW 1st Avenue, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 2. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) 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; (e) 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; and (f) is one which is not located within an area of critical state concern. City of Miami Page 1 of 2 Printed On: 1/31/2007 File Number: 06-00830 Section 3. The City Manager is directed to instruct the Director of the Planning Department to immediately 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; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. 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 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat. (2001). {1 } APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY City of Miami Page 2 of 2 Printed On: 1/31/2007