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Home My WebLink About3667 NW FLAGLER TER_PAB_9.16.09PLANNING FACT SHEET LEGISTAR FILE ID: 07-01024Iu1 September 16, 2009 Item # P.1 APPLICANT Javier F. Avino, Esquire on behalf of Hasred Inc. REQUEST/LOCATION Consideration of amending the Miami Comprehensive Neighborhood Plan COMMISSION DISTRICT 4 - Commissioner Tomas Regalado 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 61 NW 37th Avenue, 3667 NW Flagler Terrace and 58 NW 36 Court, Miami, Florida from "Duplex 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: 9/1/2009 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 3667 NW FLAGLER TER, 61 NW 37 AV & 58 NW 36 CT Application No. 09-08 File ID 07-010241u1 REQUEST The proposal is for a change to the 2020 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 2020 Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map." Duplex Residential: Areas designated as "Duplex Residential" allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the de- tailed 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 manage- ment requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correc- tional 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 dup- lex 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). Restricted Commercial: Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Resi- dential" subject to the same limiting conditions and a finding by the Planning Director 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; 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 en- tertainment facilities and other commercial activities whose scale and land use impacts are simi- lar in nature to those uses described above, places of worship, and primary and secondary 1 schools. This category also includes commercial marinas and living quarters on vessels as per- missible. The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor area ratio (FAR) of 1.72 times the gross lot area of the subject property; such FAR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allows a maximum floor area ratio (FAR) of 10 times the gross lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and ser- vices included in the City's adopted concurrency management requirements. DISCUSSION The subject area consists of three parcels comprising approximately 0.325 acres. The parcels are located within the block bounded by NW Flagler Terrace to the south, NW 37 Avenue to the west, NW 1st Street to the north and NW 36 Court to the east. The site is currently designated "Duplex Residential". Surrounding the subject site is also "Duplex Residential" land use to the north, south and east. To the west the designation is "Restricted Commercial". The subject site is in the West Flagler NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The parcels are part of a duplex residential designated area. • There is an existing grand fathered structure at 61 NW 37 Avenue that include the most western of the subject lots designated "Duplex -Residential" that should be changed. • The requested change will represent an intrusion of commercial uses into a duplex 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 "Duplex Residential" land use category allows residential structures to a maximum den- sity of 18 dwelling units per acre respectively. The requested "Restricted Commercial " de- signation 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. 2 • 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. • 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 09-08 Date: 9/2/2009 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:JavierAvino, Esquire on behalf of Hasred Inc., a Florida Corporation Address: 3667 NW FLAGLER TER, 58 NW 36 CT & 61 NW 37 AV Boundary Streets: North: NW 1 ST East: NW 36 CT South: NW FLAGLER TER West: NW 37 AV Proposed Change: From: Duplex Residential To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.3250 acres @ 18 DU/acre 6 DU's Peak Hour Person -Trip Generation, Residential 5 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.3250 acres @ 150 DU/acre 49 DU's Peak Hour Person -Trip Generation, Residential 26 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 110 Dwelling Units 43 Peak Hour Person -Trips 21 Planning District WEST FLAGLER County Wastewater Collection Zone 315 Drainage Subcatchment Basin N1 Solid Waste Collection Route 120 Transportation Corridor Name NW 37 AV RECREATION AND OPEN SPACE Population Increment, Residents 110 Space Requirement, acres 0.14 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.66 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 110 Transmission Requirement, gpd 24,697 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 110 Transmission Requirement, gpd 20,397 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 110 Solid Waste Generation, tons/year 141 Excess Capacity Before Change 800 Excess Capacity After Change 659 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 (See attachment 1) Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g TRAFFIC CIRCULATION Population Increment, Residents 110 Peak -Hour Person -Trip Generation 21 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 (NASA). Excess capacity, if any, is currently not known. Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density equivalent to 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. "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension Nces or continuation of existing residential development and the adequate serand amenities exist in the adjacent area to aaommodate the needs of potential residents;transitory residential fadlities such as hotel and motels; general office use; clinics and laboratories; as well as commercial activities that generally serve the daily retailing and service needs of the public, and often located along arterial or collector roadway, which include: general retailing, personal and professional services, real estate, banking, restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. Allow a maximum lot floor ratio FLR) of 7.0 times the net lot area of the subject property: such FLR may be incre ased upon compliance with the detail provisions of the applicable land development regulations.however, FLR may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as Restricted Commercial in the Urban Central Business District and Buenavista Yards regional Activity Center allow a maximum floor area lot ratio (FLR) of 37.0 times the net lot area of the subject property CM 1 IN 03/13/90 _; CiyofMiami (; Public School Concurrency <�r / Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Hasred, Inc. Application Phone * 305-642-7786 ext 204 Application Email * tmoore@seaviewresearch.net Application Address * 221 NW 42 Avenue, Miami, Florida Contact Fields Information Contact Name * Lucia A. Dougherty Contact Phone * 305-579-0603 Contact Email * doughertyl@gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4104-023-0560 and 01-4104-023-0570 Additional Folio Number Total Acreage * approx. 0.21 acres Proposed Land Use/Zoning * Restricted Commercial Single -Family Detached Units * None Single -Family Attached Units (Duplex) * None Multi -Family Units * None Total # of Units * None Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be tom down for redevelopment. The newly proposed development calls for 40 total units. Local govemment shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * Owner(s)/Attorney/Applicant Name )/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF M[AMI-DADE The foregoing was acknowledged before me this 1day of 20 by who is a n) individual/partner/agent/corporation of individual/partnership/corporation. He/She is personall known to me or who has produced _ as identification and who did (did not) take an oath. (Stamp) a(n) irt• •� =ALE Notary Publi•Wta'of Fle atureMARISOL j. • :My Commission Expires Sep 17, 2010 Commission # DD 553129 Bonded By National Notary Assn. (Is : a,{o • City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Hasred, Inc. Application Phone * 305-642-7786 ext 204 Application Email * tmoore@seaviewresearch.net Application Address * 221 NW 42 Avenue, Miami, Florida Contact Fields Information Contact Name * Lucia A. Dougherty Contact Phone * 305-579-0603 Contact Email * doughertyl@gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4104-023-0500 Additional Folio Number Total Acreage * approx. 0.115 acres Proposed Land Use/Zoning * Restricted Commercial Single -Family Detached Units * None Single -Family Attached Units (Duplex) * None Multi -Family Units * None Total # of Units * None Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local govemment has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local govemment shall Input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * Owner(s)/Attorney/Applicant Name /Attomey/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this l day of 20, by - who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced _ as identification and who did (did not) take an ualh. (Stamp) n S1grf0ii�tmAR SOL R. GON `pa <;'. Notary Public - State • My Commission Expires Sep 17, 2010 ;, Commission # DD 553129 'CFO;,; �" Bonded By National Notary Assn. -..2.14#44.1_,4fr i Ea?of Florida FUTURE LAND USE MAP GENERAL COMMERCIAL I I SINGLE FAMILY RESIDENTIAL 1 I I TE x 1- co M co RESTRICTED COMMERCIAL W FLAGLER ST SW 1ST ST Hill F NW 2ND TER NW 37TH AV >1 i a i x' 1- c) is 11■II■II■� 15.9.2612,42, CAMFINA cr,e0E NW 2N D_ST_ NW 1ST ST DUPLEX 1 RESIDENTIAL III NW FLAGLER TER l i erlittEHNINIll SW; 2ND ST 0 150 300 600 Feet ADDRESS: 3667 NW FLAGLER TER & 58 NW 36 CT & 61 NW 37 AV R-1 TE C-1 k SD-12" SW 1ST ST UJiJJ ZONING ATLAS MAP x H ti is 11■II■II■� 9.d Am �oN�vo 13 MP,NP cr, DEL W 36TH CT F NW 2ND TER 2 NW 1ST ST l i SW.i2ND ST 1- co M 0 150 300 600 Feet ADDRESS: 3667 NW FLAGLER TER & 58 NW 36 CT & 61 NW 37 AV �4 n u.Uiu.u.u■n■ n■i 0 150 300 600 Feet ADDRESS: 3667 NW FLAGLER TER & 58 NW 36 CT & 61 NW 37 AV City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-010241u1 Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO § 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 61 NORTHWEST 37 AVENUE, 3667 NORTHWEST FLAGLER TERRACE AND 58 NORTHWEST 36 COURT, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on September 16, 2009, Item No. P.1, following an advertised public hearing, adopted Resolution No. ---- by a vote of ---- to ---- (---) , recommending denial 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 § 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Duplex to Restricted Commercial for 0.325± acres of real properties located at approximately 61 NW 37th Avenue, 3667 NW Flagler Terrace and 58 NW 36 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: 9/3/2009 File Number: 07-010241u1 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 § 420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by § 380.0552, Florida Statutes or by the Administration Commission pursuant to § 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 § 380.05(6), Florida Statutes. (f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4, Section 4.01, C-1 Restricted Commercial of the City of Miami Zoning Ordinance 11000, as amended. (g) 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, § 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 § 163.3187(3)(c), Florida Statutes. {1} 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: 9/3/2009 EXHIBIT "A" LEGAL DESCRIPTION Lots 9 and 12, Block 9, "TWELFTH STREET MANORS, according to the Plat thereof; as recorded in Plat Book 5, Page 59 of the Public Records of Miami -Dade County, Florida Lots 13 thru 16, Block 9; "TWELFTH STREET MANORS, according to the Plat thereof, as recorded in Plat Book 5, at Page 59 of the Public Records of Miami -Dade County, Florida; fess and execpt that portion of said Lot 13 conveyed to the City of Miami by Warranty ❑Cell recorded in Official Records Book 14377, Page 102, of the Public Records of Miami-i}adc County. Florida, being more particularly described as f9iiotvs: The South 5 feet of said Lot 13 and the canal area of a C1RYJ1ar curve concave to the Northwest having a radius of 25 feet and tangcats which are 23 fees west of and parallel with the centerline of N.W. 366 Court and 25 fee North of and parallel with the ceoderitne of N.W. Flag cr Terrace_