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HomeMy WebLinkAboutPAB Supporting DocumentationPLANNING FACT SHEET LEGISTAR FILE ID: 06-020721u March 21, 2007 Item #3 APPLICANT Ben Fernandez, Esq. on behalf of Prema REQUEST/LOCATION Consideration of amending the Miami Comprehensive Neighborhood Plan COMMISSION DISTRICT 2- Commissioner Marc David Sarnoff 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 1603,1611,1615,1621,1631 NE Miami Place & 1604,1622,1630 NE 1st Avenue, Miami, Florida from "General Commercial" to "Restricted Commercial." 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: 3/13/2007 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 1603, 1611, 1615, 1621, 1631 NE Miami Place & 1604, 1622, 1630 NE lst Avenue Application No. LU-06-32 File ID 06-020721u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "General Commercial" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-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 "General Commercial" land use category allows all activities included in the "Office" and the "Restricted Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and ga- rages, heavy equipment sales and service, building material sales and storage, wholesaling, ware- housing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residential structures of a density equal to R-3 or higher, but not to exceed a maximum of 150 units per acre, are allowed by Special Exception only, upon finding that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development, and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents. This category also allows commercial marinas and living quarters on vessels for transients. The Restricted Commercial Areas allow residential uses (excepting rescue missions) to a maxi- mum 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. 1 The Urban Central Business District (UCBD) identifies the single urban core area within the City of Miami. The UCBD shall be consistent with the Comprehensive Plan and Future Land Use Map, shall contain mass transit service as defined in Chapter 9J-5, F.A.C., and shall contain high intensity, high density multi -use development to include: retail; professional and govern- mental office uses; cultural, recreational and entertainment facilities; high density residential; hotels and motels; and appropriate industrial activities. In accordance with Chapter 28-24.014(10)(a), F.A.C., the guidelines and standards of develop- ment, a designated Urban Central Business District within the City of Miami shall: 1. Increase the threshold for residential, hotel, motel, office, or retail development by fifty - percent (50%); 2. Increase the threshold for applicable multi -use guidelines and standards by one -hundred per- cent (100%), provided that one land use of the multi -use development is residential and the residential development amounts to not less than thirty-five percent (35%) of the City of Mi- ami's applicable residential threshold; and 3. Increase the threshold for resort or convention hotel development by one hundred -fifty per- cent (150%). DISCUSSION The subject area consists of eight properties comprising approximately 1.07 acres (46,609 sq. ft.) They are located in the southern portion of the block with the exception of four lots located in the northern part of the block. The property is bounded by NW 1st Avenue to the east, NE Miami Place to the west, and NE 16th Street to the south. The site is currently designated "General Commercial". Surrounding the subject site is also "General Commercial" land use on all sides. The subject site is in the Down Town NET area and in Commissioner Marc David Sarnoff District. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The lots immediately north, east, south, and west of the subject property are General Commercial, thus a change in land use to Restricted Commercial will be an isolated designation surrounded by General Commercial land use. • Land Use Goal LU-1 (5) promotes the efficient use of land and minimizes land use conflicts. A change to Restricted Commercial is not a logical extension of that category; 2 • Land Use Policy LU-1.1.3 (1) provides for the protection of all areas of the city from 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. • The "General Commercial" land use category allows up to 150 residential units per acre by special exception. The requested "Restricted Commercial " designation allows to a maxi- mum density equivalent to "High Density Multifamily Residential" or to 150 dwelling units per acre. • Since the site is in the Omni Residential Increase Area, higher residential densities may be allowed up to 500 units per acre. The site is also within the Urban Central Business District (UCBD), which allows high intensity, high density multi -use development. Thresholds, for example, for residential, hotel, motel, office, or retail development may increase by fifty percent (50%). • The same intensity and density increases can be secured with the current future land use designation of "General Commercial" as with the requested "Restricted Commercial" land use. • The MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. These findings support the position that the existing land use pattern in this neighborhood should not be changed. 3 Proposal No 06-32 Date: 03/21/07 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 Vicky Garcia -Toledo, attorney for Douglas Gardens Holding Corp. a Florida not -for -profit corporation, holding company of Miami Jewish Home Address: 1603,1611,1615,1621,1631 NE Miami PI & 1604,1622,1630 NE 1 Are Boundary Streets: North: NE 17th Street East: NE Miami Place South: NE 16th Street West: NE 1st Avenue Proposed Change: From: General Commercial To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 1.07 acres @ 150 DU/acre 161 DU's Peak Hour Person -Trip Generation, Residential 80 Other sq.ft. © FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 1.07 acres @ 150 DU/acre 161 DU's Peak Hour Person -Trip Generation, Residential 80 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 0 Dwelling Units 0 Peak Hour Person -Trips 0 Planning District Downtown County Wastewater Collection Zone 308 Drainage Subcatchment Basin H2 Solid Waste Collection Route 16 Transportation Corridor Name Miami Ave RECREATION AND OPEN SPACE Population Increment, Residents 0 Space Requirement, acres 0.00 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.80 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 0 Transmission Requirement, gpd 0 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 0 Transmission Requirement, gpd 0 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 0 Solid Waste Generation, tons/year 0 Excess Capacity Before Change 800 Excess Capacity After Change 800 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change B LOS After Change B 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 CM 1 IN 03/13/90 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 end 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, Industrial 17TH ST rH ST 0 150 300 i I FUTURE LAND USE MAP [ajor Inst,Public Facilities,Transp7And] General Commercial 600 Feet Restricted Commercial L. AV GNZ 3N NE 17T NE 16TH ST 7 Restricted Commercial ADDRESS: 1603-1631 NE MIAMI PL 0 150 300 I I ZONING ATLAS MAP 600 Feet I ADDRESS: 1603-1631 NE MIAMI PL 0 150 300 600 Feet I 1 I I ADDRESS: 1603-1631 NE MIAMI PL City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 06-02072Iu Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 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 1603, 1611, 1615, 1621, 1631 NORTHEAST MIAMI PLACE AND 1604, 1622, 1630 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL;" 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 "General Commercial" to "Restricted Commercial" for the property located at approximately 1603,1611,1615,1621,1631 NE Miami Place & 1604, 1622,1630 NE 1st Avenue, Miami, Florida, more particularly described in Exhibit "" 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 land use of 10 acres or less; and the cumulative annual effect of the acreage for all adopted small scale amendments does not exceed 120 acres in areas specifically designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment areas designated under s.163.2517, transportation concurrency exception areas approved pursuant to s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to s. 380.06(2)(e); however, amendments under this paragraph may be applied to no more than 60 acres annually of property outside the designated areas listed in § 163.3187(c)(a.) (i); (c) if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre or the proposed future land use category allows a maximum residential density of the same or less than the maximum residential density allowable under the existing future land use category, except that this limitation does not apply to small scale amendments involving the construction of affordable housing units meeting the criteria of s.420.0004(3) on property which will be the subject of a land use restriction agreement, or small scale amendment described in sub- sub- subparagraph a.(1) that are designated in the local City of Miami Page 1 of 2 Printed On: 12/27/2005 File Number: 05-00 comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment areas designated under s.163.2517, transportation concurrency exception areas approved pursuant to s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to s. 380.06(2)(e). (d) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (e) 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; (f) 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; (g) is one which is not located within an area of critical state concern; and (h) the proposed amendment complies with the applicable acreage and density limitations set forth in Florida Statutes and this section. 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: 3/13/2007 oCo -•34a HEARING BOARDS 444 SW 2nd Avenue, 7`h Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.rniamigov.com/hearing boards PUBLIC HEARING APPLICATION FOR AN AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. • ° • CITY OF MIAMI ORDINANCE NO. 11469; CODIFIED INTHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A. COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm, and on the fifth day, at 12:00 pm. The responses to this application must be typed and signed in black ink. Please note that pursuant°_ to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed Zoning Referral. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed and dated by the Planning Department designee. De., na_a_flA • • For information about Amendments to the Miami Comprehensive Neighborhood Plan, please see Section 62-32 Periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report of the Miami City Code. 1, Ben Fernandez, Esq. on behalf of Prema, LLC, hereby apply to the Miami City Commission for approval in accordance with Sec 62-32 of the Miami City Code, and in support of that request, furnish the following: 1. Obtain signature or initial and date by the Planning Department designee prior to submittal. 2. The property/location listed does not have any open code enforcement/lien violations. 3. Address(es) and folio(s) of property: 1603 NE Miami Place (folio number 01-3136-008- 00304; 1611 NE Miami Place (folio number 01-3136-008-0020); 1615 NE Miami Place (folio number 01-3136-008-0010); 1621 NE Miami Place (folio number 01-3136-005- 0370); 1631 NE Miami Place (folio number 01-3136-005-0360); 1604 NE 1st Avenue (folio number 01-3136-005-0390); 1622 NE 1st Avenue (folio number 01-3136-005- 0380); 1630 NE 1st Avenue (folio number 01-3136-005-0350). Miami, FL 33132. 4. Current designation: General Commercial Future designation: Restricted Commercial 5. Has the designation of this property been changed in the last year? If so, when? No. 6. Do you own any other property within 200 feet of the subject property? No. If yes, has the property been granted a change in plan designation within the last year? 7. Two (2) 11x17" original and one (1) 8 1/2 x 11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the applicatiof 8. At least two photographs that show the entire property (land and improvements). 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 10. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description. 11. What is the acreage of the project/property site? 1.07ac 12. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3r° Floor for information. No. 13. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3nd Floor for information. No. 14. If only filing this application and not a change of zoning, please submit a (an): a) Affidavit of Authority to Act; b) Disclosure of Ownership of all owners and contract purchasers; c) List of property owners within 500 feet of the subject property. Rev. 08-1'6-06 • • 15. For corporations and partnerships indicated, the following documents are to be submitted: a) Articles of Incorporation; b) Certificate from Tallahassee less than one (1) year old showing. good standing; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 16. All documents, reports, studies, exhibits (8 I/2 x11 ") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. Cost of processing according to Section 62-156 of the Miami City Code*: Application to Amend the Comprehensive Neighborhood Plan to: a. Conservation, Recreation, Residential Single Family, Residential Duplex b. Residential Medium Density Multifamily c. Residential High Density Multifamily, Office, Major Public Facilities, Transportation/Utilities d. Commercial/Restricted, Commercial/General a°nd Industrial e. Central Business District (CBD) f. Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 300.00 $ 450.00 $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000.90, shall be paid in the form of a..cer ified chec ' cast 'er's check, or money order. Signature Name Telephone Ben Fernandez, Es 305-374-5300 Address 200 S. Biscayne Blvd # 850 Date Miami, FL 33131 September 40 , 2006 E-mail Address bfernandezt brzoninglaw.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 11')day of September, 2006, by Ben Fernandez, Esq. who is a partner of Bercow & Radell, PA a corporation. He is personally known to me did not take an oath. (Stamp) Rev. 08-16-06 EXHIBIT A MAX MIAMI Major Use Special Permit 1603, 1611, 1615, 1621, 1631 NE Miami Place 1604, 1622, 1630 NE 1st Avenue Legal Description Lots 5, 6, 7, 8, 9, and 12, Block 8 or ROBBINS, GRAHAM, AND CHILLIN SUBDIVISION, according to the plat thereof, recorded in Plat Book A, 49'Y2 of the Public Records of Dade County, Florida, less the East 10 feet 8, 9, and 12 and less the South 5 feet of Lot 12. TOGETHER WITH: 0 0 0 Lots, 1, 2, and 3, Block A, of T.W. PALMER'S RESUBDIVISION, according t( thereof, recorded in Plat Book 4, at Page 60 of the Public records of Mic County, Florida, less the South 10.00 feet of Lot 3.