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HomeMy WebLinkAboutPAB-10.7.09PLANNING FACT SHEET LEGISTAR FILE ID: 09-01007Iu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION October 7, 2009 Item #P.3 Iris V. Escarra as attorney, on behalf of The Village Miami, Ltd. Consideration of amending the Miami Comprehensive Neighborhood Plan 5 - Commissioner Michelle Spence -Jones 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 755 North West 67 Street and 890 North West 69 Street., Miami, Florida from "Medium Density Multifamily Residential" to "High Density Multifamily Residential". 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: 9/18/2009 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 755 NW 67 STREET & 890 NW 69 STREET Application No. 09-11 File ID 09-010071u 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 "High Density Multifamily Residential". (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). High Density Multifamily Residential: Areas designated as "High Density Multifamily Resi- dential" allow residential structures to a maximum density of 150 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. Higher densities may be allowed as shown for these specially - designated areas: Little Havana Target Area 200 units per acre Southeast Overtown/Park West 300 units per acre Brickell, Omni, and River Quadrant 500 units per acre 1 Supporting services such as offices and commercial services and other accessory activities that are clearly incidental to principal uses are permitted; 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+ clients), places of worship, primary and secondary schools, and day care centers for children and adults may be permissible in suitable locations. DISCUSSION The subject area consists of two parcels comprising approximately 9.388 acres. The parcels are located within the block bounded by NW 67th Street to the south, NW 10t" Avenue to the west, NW 69th Street to the north and NW 7th Avenue to the east. 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 west. To the east the designation is "General Commercial" and to the south is "Major Institutional, Public Facilities, Transportation and Utilities". The subject site is in the Model City NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The parcel is part of a low to medium density residential neighborhood. • No high density residential area exists in close proximity to the subject property. • The requested change will represent an intrusion of high density multifamily residential land use into a low to 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 "High Density Multifamily Residential" designation allows to 150 dwelling units per acre. This potential increase in residential density will be out of scale with the established neighborhood. • The Major Institutional Land Use category southwest of the subject property can not exceed 9 dwelling units per acre, since the least intense abutting residential zoning district is Single Family Residential and must be ancillary to the principal use. The 150 dwelling units per acre for the General Commercial Land Use to the east, allows residential by Special Excep- tion only. • The desired density with such a large site of 9.388 acres is more appropriate for an urban center. The Urban Central Business District (UCBD) described with in the MCNP, for in- stance, identifies the single urban core area within the City of Miami. The UCBD shall con- tain, among other activities, high density development including high density residential ac- tivities. The same is true for Regional Activity Centers (RAC). 2 • The potential population increase for the property is not in proximity to transit stations that would support transit oriented development and thus is not an appropriate site for such increased density. • Because the subject site excludes adjacent areas from the land use change, the potential exists for the expansion of non residential uses into the existing residential neighborhood, such as General Commercial to the east and Major Institutional Land Use to the south. • A major landmark in the area is the Northwestern Senior High School to the west of the property. This is not a major employment generator that requires or can support such increase in density from 65 dwelling units per acre to 150 dwelling units per acre. • 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 High Density Multifamily Residential is not a logical extension of that category. • MCNP land Use Policy LU-1.1.10 and Housing Policy HO-1.1.9.: states the City's land de- velopment regulations will encourage high density residential development and redevelop- ment in close proximity to Metrorail and Metromover stations.(See Transportation Policy TR- 1.5.2) • 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 09-11 Date: 10/07/2009 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCYANALYSIS Applicant Iris Escarra as attorney, on behalf of "The Village of Miami" Ltd Address: 755 NW 67 STREET & 890 NW 69 STREET Boundary Streets: North: NW 69 ST East: NW 7 AV South: NW 67 ST West: NW 10 AV Proposed Change: From: Medium Density Residential To: High Density Multifamily Residential Existing Designation, Maximum Land Use Intensity Residential 9.3880 acres @ 64 DU/acre 601 DU's Peak Hour Person -Trip Generation, Residential 391 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 9.3880 acres @ 150 DU/acre 1,408 DU's Peak Hour Person -Trip Generation, Residential 746 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 2,075 Dwelling Units 807 Peak Hour Person -Trips 356 Planning District MODEL CITY County Wastewater Collection Zone B1 Drainage Subcatchment Basin 322 Solid Waste Collection Route 107 Transportation Corridor Name NW 7 AV RECREATION AND OPEN SPACE Population Increment, Residents 2,075 Space Requirement, acres 2.70 Excess Capacity Before Change 182.80 Excess Capacity After Change 180.10 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 2,075 Transmission Requirement, gpd 464,786 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 2,075 Transmission Requirement, gpd 383,863 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 2,075 Solid Waste Generation, tons/year 2,656 Excess Capacity Before Change 800 Excess Capacity After Change (1,856) 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 2,075 Peak -Hour Person -Trip Generation 356 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). High Density Multifamily Residential allows residentialstructures to a maximum density of 150 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required level of service for facilities and services included in the City's adopted concurrency management requirements. Higher densities may be allowed as shown for these specially -designated areas: Little Havana Target Area = 200 units per acre, Southeast Overtown/Park West = 300 units per acre and Brickell,Omni, and River Quadrant 500 units per acre. Supporting services such as offices and commercial services and other accesory activities that are clearly incidental to proncipal uses are permitted; 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+ clients), places of worship, primary and secondary schools, and day care centers for children and adults may be permissible in suitable locations. 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. i City of Miami /. • Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * The Village Miami, Ltd. Application Phone * (305) 759-9911 Application Email * otoriapitts@peninsuladevelopers.com Application Address * 6269 NW 7th Avenue Suite 201, Miami, Fl Contact Fields Information Contact Name * Iris Escarra Contact Phone * 305-579-0737 Contact Email * escarrai@gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav n,ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3114-010-0010 Additional Folio Number 01-3114-010-0020 Total Acreage * approx. 9.388 acres Proposed Land Use/Zoning * R-4 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 190 Total # of Units * 190 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: en 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 * Iris Escarra, Esquire Owner(s)/Attorney/Applicant Name er s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of_��` 6� 20 by Iris Escarra. Esauire 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 oath. (Stamp) ,,+ Notary • .lcat'5rtadte of Florid. 3 S • My Commission Expires Sep 17, 2010 �r�ry Commission # DD 553129 Rp.• '��,,°I,°�,,,�' Bonded By National Notary Assn. FUTURE LAND USE MAP NW 72NDST NW 72ND ST UNDEFINED NWr71 ST, ST \ 1 I 0 150 300 1 1 1 1 1 1 NW 70TH ST MEDIUM DENSITY MULTIFAMILY RESIDENTIAL NW 68TH ST MAJOR INSTITUTIONAL PUBLIC FACILITIES TRANSPORTATION 600 Feet I AND UTILITIES NW 64TH ST it 1 NW 67TH ST NW 66TH ST NW 65TH S NW 64TH ST NW,65TH ST-I ST RESTRICTED[ COMMERCIAL' LI I 64 NW TH ST NW 63RD ST ADDRESS: 755 NW 67 STREET & 890 NW 69 STREET ZONING ATLAS MAP NW 72NDST UNDEFINED NW 72ND ST NWr71 ST:ST \ 1 I I r r II 11 I III. ix NW69TH ST z o; - NW_68TH_ST • r x NW 70TH ST 0 - 2 z NW 67TH ST 0 150 300 1 1 1 1 1 1 a co 0 • L NW 66TH ST 1 1 ■ R=2.� 1,1,Na I 1 VATA C-1 2 600 Feet I NW 64TH ST it • NW 65TH ST NW 64TH ST NW 65TH ST- ST —NW 64TH ST NW 63RD ST ADDRESS: 755 NW 67 ST & 890 NW 69 ST N. C.66irA s � oII/IIsiislisIIIIIllIllIllINIMINIIMIIIIIIIIsII�II�II�II�I inoille sII■IImIsIImIsIIIIIIIIR NW 65TH ST 64TH1ST NW 65TH PI NW663RDST.- 0 150 300 1 1 1 1 1 1 600 Feet I ADDRESS: 755 NW 67 STREET & 890 NW 69 STREET City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-010071u 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 PROPERTY LOCATED AT APPROXIMATELY 755 NORTHWEST 67 STREET AND 890 NORTHWEST 69 STREET, MIAMI, FLORIDA, FROM MEDIUM DENSITY - MULTIFAMILY RESIDENTIAL TO HIGH DENSITY - MULTIFAMILY RESIDENTIAL; 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 October 7, 2009, Item No. P.3, 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 Medium Density Multifamily Residential to High Density Multifamily Residential for 9.388± acres of real property located at approximately 755 Northwest 67 Street and 890 Northwest 69 Street, 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; City of Miami Page 1 of 2 Printed On: 9/23/2009 File Number: 09-010071u (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 § 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; and (f) density will be High Density Multifamily Residential, 150 dwelling units per acre, as per the Miami Comprehensive Neighborhood Plan, 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} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} 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: 9/23/2009 C3P BK 2364-3 PG 4562 LAST PAGE "Exhibit A" Leese Descriotian afthe Pramises PARCELS "A" AND "B" OF KNIGHT MANOR. NO, ONE AND TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED EN PLAT BOOK 48, PAGE 43, OF THE PIJ13L1C RECORDS OF MIAMI-BADE COUNTY, FLORIDA, LESS THE NORTH 100 FEET OF THE EAST 205 FEET OF PARCEL "B", AND LESS THE SOUTH 188 FEET OF THE WEST 206 FEET OF PARCEL 93", LESS AND EXCEPT THE EAST 18 FEET OF THE SOUTH 61,45 FEET THEREOF, KNIGHT MANOR UNIT NUMBERS I AND 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 48, PAGE 43, OF THE PUBLIC RECORDS OF MIA E_COLINTY, FLORIDA. Book23643/Page4562 CFN#20050816919 Page 3 of 3