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HomeMy WebLinkAboutItem # 5 PABLEGISTAR FILE ID: 07-011521u PLANNING FACT SHEET October 3, 2007 Item # 5 APPLICANT Iris V. Escarra, on behalf of Milano at Ocean Drive, LLC REQUEST/LOCATION Consideration of amending the Miami Comprehensive Neighborhood Plan COMMISSION DISTRICT 2 - Commissioner Marc 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 7300 NE 6th Court, Miami, Florida from "Medium Density Multifamily Residential" 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: 9/26/2007 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 7300 NE 6th Court Application No. LU-07-12 File ID 07-011521u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Medium Density Multifamily Residential" 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 "Medium Density Multifamily Residential" designation 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 activities 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 suitable 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 contributing structure(s). The Restricted Commercial areas allow residential 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, 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, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible 1 DISCUSSION The subject area consists of a property located in the east half of the block fronting NE 6th Court to the East, NE 73rd Street to the South, NE 74t" Street to the North, and Biscayne Boulevard to the West. The property comprises approximately 0.66 acres. The site is currently designated "Medium Density Multifamily Residential". Surrounding the subject site is also "Medium Density Multifamily Residential" land use to the north, and south. To the ease is a Single Family land use. West of the site is Restricted Commercial. The subject site is in the Upper East Side NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The parcel is surrounded on the north, and south by an established medium density residential community, and to the east by an established low density residential community. In this specific area, the character of NE 6th Court is residential, specifically low to Medium Density Multifamily residential. • The property is part of an Historic Site and within the Biscayne Blvd/ MiMo Historic District. The property is also adjacent to the Bayside Historic District to the east. MCNP Land Use Objective LU-1.5 indicates that land development regulations will protect the city's unique natural and coastal resources, and its historic and cultural heritage. • The requested change will represent an intrusion of commercial uses into a medium density residential neighborhood. • A land use change at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications. • The "Medium Density Multifamily Residential" land use category allows residential struc- tures to a maximum density of 65 dwelling units per acre. The requested "Restricted Com- mercial " designation allows to a maximum density equivalent to "High Density Multifamily Residential" or to 150 dwelling units per acre. This potential increase in residential density will be out of scale with the established neighborhood. • MCNP Land Use Goal LU-1(1) encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods, and (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. • MCNP 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. • MCNP Housing Policy HO-1.1.7, states the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. • MCNP Housing Policy HO-1.1.8 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. 2 • 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 Future Land Use Map at this location should not be changed. 3 Proposal No 07-12 Date: 10/03/07 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: Iris V. Escarra, on behalf of Milano at Oean Drive, LLC Address: 7300 NE 6 CT Boundary Streets: North: NE 74th Street East: NE 6 Ct South: NE 73rd Street West: Biscayne Blvd Proposed Change: From: Medium Density Multifamily Residential To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.66 acres @ 65 DU/acre 43 DU's Peak Hour Person -Trip Generation, Residential 35 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.66 acres @ 150 DU/acre 99 DU's Peak Hour Person -Trip Generation, Residential 50 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 144 Dwelling Units 56 Peak Hour Person -Trips 15 Planning District Upper East Side County Wastewater Collection Zone 308 Drainage Subcatchment Basin D1 Solid Waste Collection Route 1 Transportation Corridor Name Biscayne Blvd RECREATION AND OPEN SPACE Population Increment, Residents 144 Space Requirement, acres 0.19 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.61 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 144 Transmission Requirement, gpd 32,296 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 144 Transmission Requirement, gpd 26,673 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 144 Solid Waste Generation, tons/year 185 Excess Capacity Before Change 800 Excess Capacity After Change 615 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 144 Peak -Hour Person -Trip Generation 15 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 CkA 1 IN(T9M/Q(T 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 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 owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. NE 76TH ST FUTURE LAND USE MAP NE 75TH ST edium Density Multifamily Residential NE 74TH ST Restricted Commercia Duplex - Residential NE 73RD ST NE 72ND ST NE 6TH CT NE 7TH AV Single Fam ly - Resi NE 73RD ST ential 1111111111 NM ENE ME NE 72ND TER 0 150 300 NE 72ND ST NE 71ST ST 600 Feet I Address: 7300 NE 6 Court 0 150 300 1 1 1 1 1 ZONING ATLAS MAP 600 Feet 1 I Address: 7300 NE 6 Court 0 150 300 1 1 I 1 600 Feet 1 I Address: 7300 NE 6 Court City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-011521u 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, PERSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO S. 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.66± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 7300 NE 6 COURT, MIAMI, FLORIDA, FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 7300 NE 6th Court APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Milano at Ocean Drive, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will change the above property from "Medium Density Multifamily Residential" to "Restricted Commercial". WHEREAS, the Miami Planning Advisory Board, at its meeting on October 3, 2007, Item No. 5, following an advertised public hearing, adopted Resolution No. by a vote of to (-), recommending of an amendment to Ordinance No. 10544, as amended BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No.10544, as amended, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to s. 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Medium Density Multifamily Residential to Restricted Commercial for 0.66± acres of real property located at approximately 7300 NE 6 Court, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (c) 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; (d) 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 City of Miami Page 1 of 2 Printed On: 9/26/2007 File Number: 07-011521u map for a site -specific development; (e) is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by s. 380.0552, Florida Statutes or by the Administration Commission pursuant to s. 380.05(1), Florida Statutes.. Such amendment is not subject to the density limitations of sub -subparagraph f., and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located and shall not become effective until a final order is issued under s. 380.05(6), Florida Statutes; and (f) the proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, s. 163.3187, Florida Statutes. . Section 4. The City Manager is directed to instruct the Director of the Planning Department to promptly 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; and any other person or entity requesting a copy. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. 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 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to s. 163.3187(3)(c), Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective date stated herein, whichever is later. City of Miami Page 2 of 2 Printed On: 9/24/2007