The URL can be used to link to this page

Home My WebLink AboutItem #4 PABLEGISTAR FILE ID: 07-010241u APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION PLANNING FACT SHEET October 3, 2007 Item # 4 Ben Fernandez, on behalf of Jorge Cruz Gomez and Maria D. Cabrera. Consideration of amending the Miami Comprehensive Neighborhood Plan 4 - Commissioner Tomas Regalado 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 70 NW 36tn Court, 64-66 NW 36th Court, 3665-69 NW Flagler Terrace, 3670-72 NW 1st Street, 61 NW 37th Avenue, & 58 NW 36th Court, Miami, Florida from "Duplex 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: 9/26/2007 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 70 NW 36th Court, 64-66 NW 36th Court, 3665-69 NW Flagler Terrace, 3670-72 NW 1st Street, 61 NW 37th Avenue, 58 NW 36th Court Application No. LU- 07-10 File ID 06-010241u REQUEST The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Duplex 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 Duplex Residential designation allows 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). The Restricted Commercial designation allows 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. DISCUSSION The subject property is comprised of twelve lots located on the eastern half of the block bounded by NW 1st Street to the North, NW 36th Court to the East, NW Flagler Terrace to the South, and NW 37th Avenue to the West. The subject property is approximately .67 acres. The 1 site is currently designated Duplex Residential. Surrounding the site to the north, east, and South is Duplex Residential. To the West and South is Restricted Commercial land use. The site is in the West Flagler NET area. ANALYSIS The Planning Department recommends DENIAL of the application as presented based on the following findings: • The character of NW 36th Court is residential, specifically "Duplex Residential". • The requested change will represent an intrusion of commercial uses into a low 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. • Per the "Interpretation of the Future Land Use Plan Map, the "Duplex Residential" category allows 18 residential units per acre, and the requested "Restricted Commercial" designation will allow a maximum density of 150 residential units per acre. This potential increase in density will be out of scale with the current residential 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. • MCNP Policy LU-1.1.3 provides for protection of all areas of the city from the encroachment of incompatible land uses. • 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. • 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 Future Land Use Map at this location and for this neighborhood should not be changed. 2 Proposal No 07-10 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: Ben Fernandez on behalf of Jorge Cruz Gomez and Maria D. Cabrera, The Eldy Maza Pick Revocable Living Trust, Elizabeth Anton-LaRossa, Lago Capital Investment Address: 58, 64-66, 70 NW 36 CT, 3665 NW Flagler Te, 3670-72 NW 1 St,61 NW 37 Av Boundary Streets: North: NW 1 Street East: NW 36 Court South: NW Flagler Ter West: NW 37 Avenue Proposed Change: From: Duplex Residential To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.67 acres @ 18 DU/acre 12 DU's Peak Hour Person -Trip Generation, Residential 14 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.67 acres @ 150 DU/acre 101 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 227 Dwelling Units 88 Peak Hour Person -Trips 37 Planning District West Flagler County Wastewater Collection Zone 309 Drainage Subcatchment Basin N1 Solid Waste Collection Route 27 Transportation Corridor Name Flagler Street RECREATION AND OPEN SPACE Population Increment, Residents 227 Space Requirement, acres 0.30 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.50 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 227 Transmission Requirement, gpd 50,913 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 227 Transmission Requirement, gpd 42,049 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 227 Solid Waste Generation, tons/year 291 Excess Capacity Before Change 800 Excess Capacity After Change 509 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 227 Peak -Hour Person -Trip Generation 37 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 n9/11/Qn 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 SINGLE-FAMILY RESIDENTIAL 1- co W FLAGLER ST 11111101111 NI= SW 1ST ST a 'V..gm..=.ram iLLL; NW 36TH CT NW 3RD ST NW 2ND TER NW 2ND ST DUPLEX RESIDENTIAL 1/ NW 1ST ST NW FLAGLER TER 'RESTRICTED COMMERCIAL N 6°O CAMPINA CT e.,0e. Pox- 1- U ,J co i SW 36TH AV SW 2ND ST 0 150 300 600 Feet Address: 61 NW 37 AV, 64-66-70 NW 36 CT & 3670 NW 1 ST ZONING ATLAS MAP R-1 C-1 SW 38TH AV W FLAGLER ST \ \ ;R I, SW 1ST ST Q 2 NW 36TH CT NW 3RD ST NW 2ND TER R-2 NW 2ND ST NW ST ST NW FLAGLER TER �NP'�-v0 CAMPINA Cre.oe. Pox- • i SW 36TH AV R-2 SW 2ND ST 0 150 300 600 Feet Address: 61 NW 37 AV, 64-66-70 NW 36 CT & 3670 NW 1 ST NW 2ND NNW,2NDST aT:-- NW. FLAGLER TER' -46 Nit+ a 'r°F + W FLAGLER ST CAMPINA.CT, POND SW 2ND ST 0 150 300 i i I 600 Feet I Address: 61 NW 37 AV, 64-66-70 NW 36 CT & 3670 NW 1 ST City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-010241u 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 1.7± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 70 NW 36th COURT, 64-66 NW 36th COURT, 3665-69 NW FLAGLER TERRACE, 3670-72 NW 1st STREET, 61 NW 37th AVENUE, & 58 NW 36th COURT, MIAMI, FLORIDA, FROM "DUPLEX 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 70 NW 36th Court, 64-66 NW 36th Court, 3665-69 NW Flagler Terrace, 3670-72 NW 1st Street, 61 NW 37th Avenue, & 58 NW 36th Court. APPLICANT(S): Ben Fernandez, Esquire, on behalf of Jorge Cruz Gomez and Maria D. Cabrera, The Eldy Maza Pick Revocable Living Trust, The Amended and Restated Elizabeth Anton-LaRossa Revocable Trust, Lago Capital Investments, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will change the above properties to Restricted Commercial. WHEREAS, the Miami Planning Advisory Board, at its meeting on October 3, 2007, Item No. 4, 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 Duplex Residential to Restricted Commercial for 1.7± acres of real property located at approximately 70 NW 36th Court, 64-66 NW 36th Court, 3665-69 NW Flagler Terrace, 3670-72 NW lst Street, 61 NW 37th Avenue, & 58 NW 36th 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 City of Miami Page 1 of 2 Primed On: 9/26/2007 File Number: 07-010241u 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 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 _Manzi Page 2 of 2 Printed On: 9/24/2007