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Home My WebLink AboutPAB Supporting DocumentsLEGISTAR FILE ID: 07-00391Iu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION PLANNING FACT SHEET April 4, 2007 Item #2 Ben Fernandez, Esq. on behalf of Ive Group One, LLC Consideration of amending the Miami Comprehensive Neighborhood Plan 3- Commissioner Joe Sanchez Complete legal description on file with the Hearing Boards 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 1252,1262,1272 SW 21 st Terrace, Miami, Florida from "Single Family Residential" to "Restricted Commercial". DENIAL See supporting documentation VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date Printed: 3/26/2007 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 1252, 1262, 1272 SW 21st Terrace Application No. LU-07-04 File ID 07-003911u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Single Family 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 Single Family Residential Areas 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 applica- ble 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 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 cor- rectional 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 suitable locations within sin- gle family residential areas, pursuant to applicable land development regulations and the mainte- nance 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 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 2 A "Community based residential facility" provides room (with or without board), resident services, and twenty-four hour supervision. Such a facility functions as a single housekeeping unity. This category includes adult congregate living facilities, facilities for physically disabled and handicapped persons, for develop- mentally disabled persons, for non dangerous mentally ill persons and for dependent children, as licensed by the Florida Department of Health and Rehabilita- tive Services (FHRS), and juvenile and adult residential correctional facilities, including halfway houses, as licensed or approved by an authorized regulatory agency. 1 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. DISCUSSION The subject application consists of three parcels comprising approximately 0.4 acres. They are located in the northern middle portion of the block bounded by SW 12th Avenue to the east, SW 13th Avenue to the west, SW 22nd Street to the south, and SW 21st Terrace to the north. The site is currently designated "Single Family residential". Surrounding the subject site is "Single Family Residential" land use to the east and west within the same block and north, across SW 21st Street fronting the subject property. Within the same block is a "Restricted Commercial" land use to the south. The subject site is in the Coral Way NET area and in Commissioner Joe Sanchez District. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The lots immediately east, west and north of the subject lots are designated Single Family Residential. • The character of SW 21st Terrace is low density residential, specifically single family residential. • The "Single Family Residential" land use category allows one dwelling unit each to a maxi- mum density of 9 dwelling units per acre. The requested "Restricted Commercial " designa- tion 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 Goal LU-1 maintains a land use pattern that (1) 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 "General Commercial" Land Use could allow for example wholesaling and distribution activities that generally serve the needs of other businesses; generally requiring on and off loading facilities; This would be out of character with the established neighborhood. • Policy LU-1.1.3 provides for protection of all areas of the city from the encroachment of incompatible land uses. • 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. 2 These findings support the position that the Future Land Use Map for this neighborhood should not be changed. 3 Proposal No 07-04 Date: 04/09/07 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: Ben Fernandez, Esq. on behalf of Ive Group One, LLC Address: 1252, 1262 & 1272 SW 21st Terrace Boundary Streets: North: SW 21st Te East: South: SW 22nd St West: Proposed Change: From: Single Family Residential To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.40 acres @ 9 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.4 acres @ 150 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name SW 13th Ave SW 12th Ave 4 DU's 5 0 sq.ft. 60 DU's 30 0 sq.ft. 0 145 56 25 Coral Way 309 T1 38 Coral Way RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Policy 1.1.1 CIE Policy 1.2.3 RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 145 0.19 182.80 182.61 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 145 32,468 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents 145 Transmission Requirement, gpd 26,815 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 145 186 800 614 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 145 25 B B OK NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (\NASA). 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 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. FUTURE LAND USE MAP Major Inst,Public Facilities,Transp Duplex - Residential ( cn w 2 n S 21ST ST SW 21 ST E RAL WY DUPLEX -RESIDENTIAL W H SW 19TH TE And Single Family - Residential - 1 SINGLE FAMILY RESIDENTIAL SW 21ST TE I I 1 1 1 1 1 1 1 1 RESTRICTED COMMERCIAL 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 SW 22ND ST Q x 1r co S� 20 OFFICE 'A` i Office _, I \� y Iv C < 2 Office Duplex - Residential I I SW 23RD S SW 23RD ST Fixed -Guideway Rapid Transit Dev. Distric 0 150 300 i I 600 Feet ADDRESS: 1252, 1262 & 1272 SW 21ST TERRACE J 1J H1E L MS R-2 S 21ST ST SW 21 ST E SD 12, i SD-23 E • • RAL WY ZONING ATLAS MAP SW 13TH AV W A < SW 19TH TE W 20TH ST SW 21 ST TE R-1\ \� SD-12 \\\\` \ w 44/ SD-23 d.A/NZA///r SW 22ND ST • 7,/ i is ;O R-2 SW 23RD ST SW_23RD ST RT 0 150 300 600 Feet ADDRESS: 1252, 1262 & 1272 SW 21ST TERRACE 0 150 300 600 Feet ADDRESS: 1252, 1262 & 1272 SW 21ST TERRACE City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 07-00391Iu 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 1252, 1262, 1272 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY 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. 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 "Restricted Commercial" for the property located at approximately 1252, 1262, 1272 SW 21st Terrace, 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 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 comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as City of Miami Page 1 of 2 Printed On: 12/27/2005 File Number: 05-00 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: 3/26/2007 EXHIBIT LEGAL DESCRIPTION LOT 8 THROUGH LOT 10 INCLUSIVE OF BLOCK 68 OF THE PLAT OF "EAST SHENANDOAH" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14 AT PAGE 55 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PART OF FOLIO 01-4139-007-3350 PROPERTY ADDRESS (PER TAX ROLL) 1265 SW 22nd STREET CITY OF MIAMI MIAMI-DADE COUNTY, FLORIDA U7,,,1 O „€„ HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com/hearing boards PUBLIC HEARING APPLICATION FOR AN jr_717 Ovl—pp3c7flc 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 IN CHAPTER 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. Rev. 06-16-06 Mar 07 2007 2:48PM 305-377-6226 P. 3 ._;1.:. For information about. Amendments to the .Miami Comprehensive Ng' see Section 62-32 Periodic review of the adopted comprehensive evaluation and appraisal report of the Miami City Code. Plan,, please adoption of I, Ben Fernandez, Esq. on behalf of Ive GroupOne. LLC, here '• apply to the Miami City Commission for approval in accordance with Sec 62-32 of the Miiimi iCiy Code, and in support of that request, fumish the following: 1. Obtain signature or initial and date by the Planning Department des` to submittal. 2. The property/location listed does not have any Ijoen oode enforceme .11 3. Address(es) and folio(s) of property: Approximately 1252 SW 2134T 1262 SW 218t Terrace. 1272 SW 21'` Terrace. Miami. FL. folio #01-4139-007-3"` •'� 8, 9, and 10), more accurately described on Exhibit A. 4. Current designation: Sinal$ Family Residential Future designation: Restricted Commercial 5. Has the designation of this property been changed in the last year? Ii-bn? 6. Do you own any other property within 200 feet of the subject property? =: i Yes If yes, has the property been granted a change in plan designation $ hiti the last year? NQ - I 7. Two (2) 11x17° original and one (1) 8'A x 11 copy of the survey of the prpperty prepared by a State of Florida registered land surveyor within six (6) months frOpii the date of the application. Asul 8. At least two photographs that show the entire property (land and improvements), 9. A dear and legible copy of the recorded warranty deed and tax tocrililtal* most current year that shows the present owner(s) and legal&escription of the ....r.aa...l ...y r.1.1 1I`"Ir....,.»+..w. 10. A clear and legible copy of the subject property address and legal de otioh on a separate sheet of paper, labeled as "Exhibit A' to coincide with the current survvey e-legal description. 11. What is the acreage of the project/property site? 0.40 Acres 12. Is the property within the boundariesofa ;historic site, historic distpCg ecclogical zone? Please contact the Planning Department on the 3rd Floor for information:: No. 13. Is the property within the boundaries of an Environmental Presefvallbn District? Please _. contact the _Planning Department on the,3rd..Floor for information_, . t 14. If only filing this application and not a change of zoning, please subnii a'(a): 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. 08-16-06 2 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 Tess than one (1) year old. 16. All documents, reports, studies, exhibits (8'/z 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 $ 300.00 b. Residentiai Medium Density Multifamily$ 450.00 c. Residential High Density Multifamily, Office, Major Public Facilities, Transportation/Utilities d. Commercial/Restricted, Commercial/General and 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 $ 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, 000.00, shall be paid in the form of a certifieq/ check, cashier's check, or money order. Signature Address 200 S. Biscayne Blvd, # 850 Name Ben Fernandez, Esq. Miami, FL 33131 Telephone 305-377-6235 Application Date E-mail Address BFernandez(a�brzoninglaw.com STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this t day of March, 2007, by Ben Fernandez, Esq. who is a partner of Bercow & Radelll PA a(n) corporation. He is personally known to me and who did not take an oath. 7) (Stamp) Signat Rev. 08-16-06 3