HomeMy WebLinkAboutAnalysisANALYSIS 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-I.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
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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 Nagler 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- I (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.
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• 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.
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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 Javier Avillo, 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:
South: NW FLAGLER TER West:
Proposed Change: From: Duplex Residential
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
Residential 0.3250 acres @ 18 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 0.3250 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
NW 36 CT
NW 37 AV
6 DU's
5
0 sq.ft.
49 DU's
26
0 sq.ft,
0
110
43
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
Transmission Requirement, gpd
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
110
24,697
>2% above demand
>2% above demand
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
Exfiltration System After Change
Concurrency Checkoff
On -site
On -site
OK
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Land Use Goal LU-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
(See attachment 1)
SOLID WASTE COLLECTION
Population Increment, Residents
Solid Waste Generation, tons/year
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
110
141
800
659
OK
TRAFFIC CIRCULATION
Population Increment, Residents
Peak -Hour Person -Trip Generation
LOS Before Change
LOS After Change
Concurrency Checkoff
110
21
B
B
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.
Restricted Commercial Allow residential uses feuded rescue missions) to a maximum density equivalent to
'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
or continuation desisting residential development and the adenualed services and amenities exist in the
adjacent area to accommodate the needs of potential residents:transito y residential facilities such as hotel
and motels; general office use; dint* 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 fncllilies, 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 or 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 FLRI of 7.n times the net lot area of the su ject Property: such FLR m Jy 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 D times the net lot area of the sublect propeity. Properties designated as
Restricted Commercial in the Urban Central Business District and Buenavlsta Morris regional Activity Center
allow a maximum floor area lot ratio (FLRI of 37.0 times the net lot area of (he sublect Properly
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 owners expense.
Recreation/Open Space acreage requirements are assumed with proposed
change made,