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HomeMy WebLinkAbout350 NE 56 StPLANNING FACT SHEET LEGISTAR FILE ID: 10-00296Iu April 7, 2010 Item #P.1 APPLICANT Ben Fernandez, Esq. on behalf of Howard and Marlene Schimmel REQUEST/LOCATION Consideration of amending Ordinance No. 10544, as amended, The Miami Comprehensive Neighborhood Plan. (See attachment) COMMISSION DISTRICT 5 — Commissioner Richard P. Dunn II LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the 2020 Future Land Use Map for the property located at approximately 350 NE 56th Street, Miami, Florida from "Duplex Residential" to "General 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: 3/24/2010 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 350 NE 56th Street Application No. LU-10-02 File ID 10-002961u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Duplex Residential" to "General 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 Map and the "Interpretation of the Future Land Use Map." The "Duplex Residential" land use category 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 "General Commercial" land use category allows all activities included in the "Restricted Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residential structures of a density equal to High Density Multifamily Residential, are allowed subject to the detailed provisions of the applicable land development regulations. The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "General Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. 1 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 services included in the City's adopted concurrency management requirements. DISCUSSION The subject area consists of one parcel comprising approximately 0.10 acres. It is located on the north side of the block fronting NE 56th Street. The block is bounded by NE 56th Street to the north, NE 4th Avenue to the east, NE 55th Terrace to the south and NE 3rd Avenue to the west. The site is currently designated "Duplex Residential". A "General Commercial" Future Land Use designation is to the east and northeast, while "Duplex Residential" Future Land Use is to the north, south and west of the subject property. The subject site is in the LITTLE HAITI NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The property is surrounded on the north, west and south by an established low density residential community. • 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 throughout this neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Residential" land use category allows residential structures up to two dwelling units each to a maximum density of 18 dwelling units per acre. The requested "General Commercial" designation allows 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 and should be reserved for the commercial area immediately adjacent to the NE 4th Avenue corridor. • 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 General Commercial is not a logical extension of that category; "General Commercial" land uses would represent a potential intrusion of commercial uses into a low density neighborhood. • 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. 2 • 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. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The approved Miami 21 zoning designation on this parcel is T3-O. The surrounding Miami 21 zoning designation is T5-L to the east and northeast, while T3-O designation is to the north, south and west of the subject property. These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. 3 Proposal Nc 10-02 Date: 04/07/10 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 Howard and Marlene Schimmel Address: 350 NE 56 Street Boundary Streets: North: NE 56 ST East: NE 4 AV South: NE 55 TER West: NE 3 AV Proposed Change: From: Duplex Residential To: General Commercial Existing Designation, Maximum Land Use Intensity Residential 0.1000 acres @ 18 DU/acre 2 DU's Peak Hour Person -Trip Generation, Residential 1 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.1000 acres @ 150 DU/acre 15 DU's Peak Hour Person -Trip Generation, Residential 8 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 34 Dwelling Units 13 Peak Hour Person -Trips 6 Planning District LITTLE HAITI County Wastewater Collection Zone 308 Drainage Subcatchment Basin E2 Solid Waste Collection Route 104 Transportation Corridor Name NE 54 ST RECREATION AND OPEN SPACE Population Increment, Residents 34 Space Requirement, acres 0.04 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.76 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 34 Transmission Requirement, gpd 7,599 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 34 Transmission Requirement, gpd 6,276 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 34 Solid Waste Generation, tons/year 43 Excess Capacity Before Change 800 Excess Capacity After Change 757 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 34 Peak -Hour Person -Trip Generation 6 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, It any, 15 currently not Known General Lommermal: Areas oesignateo as - uenerai commercial allow an activities mama in me "Restricted commercial" designations, as well as wholesaling and distribution activities that generallyserve me needs of other businesses; generally require on and off loading facilities, and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, Heavy equipment sales and service, building material sales and storage, wnolesaling, warenousing, distribution and transport related services, llgnt manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to [nose uses described above. Multifamily residential structures of a density equal to Hign Density Multifamily Residential, are allowed subject to ttie detailed provisions of ttie applicable land development regulations. 1 tie nonresidential portions of developments wtnin areas designated as "General Commercial" allow a maximum poor lot ratio (FLR) of /.o times me net lot area of me subject property; such ELk may be increased upon compliance with me detailed provisions of me applicable land development regulations; However, may not exceed a total ELK of 11.0 times me net lot area of me subject property. Properties designated as 'General Commercial" in me Urban central Business District and Buena Vista Yards Regional Activity center allow a maximum floor lot ratio (FLR) of 3/.0 times me net lot area of me subject property. All such uses and mixes of uses shall be subject to me detailed provisions of me applicable land development regulations and me maintenance of required levels of service for facilities and services included in ttie aty s adopted concurrency management requirements. 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. City q f Miauti Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Lard & 7rx 2g C11a1 tr Application Sub -Type C-2 R-2 to C-2 Application Name * Pei Flarnanisz,Esq. oh f of jam, Application Phone * 305-377-6235 Application Email * aZ7lc`11Y12'Z( R?CningCc1G7.CCITt Application Address * 350 NE 56th S(.[wL,. �. . Mialni, EL Contact Fields Information Contact Name * Ben FEZ, Esq. Contact Phone * 305-377-6235 Contact Email * al2MandeE@ERr/[Y1irgTa.M.c rt Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay(iici.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3113-065-0481 Additional Folio Number Total Acreage * ±0.10 acres Proposed Land Use/Zoning * Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 15 Total # of Units * 0 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 torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Apglica jcon * vner(s)/Attorney/Applicant Nat aer, n Owners)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE per, The foregoing was acknowledged before me this 1 ` clay or March 20 10 ,by Ben E n r who is a(n) individual/pa'i'trier/agent/corporation of Ryfl i . & EL rx h(n) individual/partnership/corporation. I-lc/She is personally known to me or who has produced as identification and who did (did not) take an oath. 11111 ; ti p r . BETTY I±ERENA 4' *di" MY COMMISSION # DD 960413 ill EXPIRES: March 5, 2014 V pf:Fkc Bonded Thu Notary Public Underwriters FUTURE LAND USE MAP NE 58TH TER NE 58TH ST NE 57TH ST Duplex - Residential NE 56TH ST General Commercial tu ill I! NE 55TH TER Medium Density Restricted Commercial NE 54TH ST Q Medium Density p Multifamily cC M Residential w z NE 53RD ST 150 300 600 Feet 1 1 I Medium Density E co Multifamily LL -o Residential d .y aDd c Ce in ' NE 58TH S E 55TH TER NE 56T NE 55TH TEI NE 55TH ST ADDRESS: 350 NE 56 STREET ZONING ATLAS MAP 0 to NE 53RD ST C z r Ra III 150 300 600 Feet ADDRESS: 350 NE 56 STREET NE 58TH TER 1-410,- NE 57TH ST h' ra tit T 1 rya ! 1^& # 41 41 NE 56TH ST'' 'x ' ' 1'' 2 " .; ..--Pr-v." Tr w 'I } : j�� z. NE 55TH ST NE 54TH ST -034 NE 53RD ST,' dCI v NE 58TH S NE 56T 4cC NE 55TH TEI 11 2 J ti 4L! i NE 55TH Si r .t — 4,4 7p�1eitrrM,l 19m1 W z Q3'_ uV)!.' 0 150 300 600 Feet ADDRESS: 350 NE 56 STREET M IAM 121 MAP NE 58TH ST T5-O H 0 0 N T3=0 NE 58TH TER NE 57TH ST NE 56TH ST R NE 55TH TER luhhuihlll NE 54TH ST NE 55TH ST 1 / 0 cc M T5-R NE 53RD ST 0 I— U T5-L w z C H w z NE 55TH TER 0 150 300 600 Feet ADDRESS: 350 NE 56 STREET City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-002961u 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 REAL PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56 STREET, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on April 7, 2010, Item No. P.1, 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 General Commercial for .10± acres of real property located at approximately 350 NE 56th 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; (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; City of Miami Page 1 of 2 File Id: 10-002961u (Version: 1) Printed On: 3/17/2010 File Number: 10-002961u (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) density will be General 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-2 General 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, 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} 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 File Id: 10-002961u (Version: 1) Printed On: 3/17/2010 Exhibit A Legal Description: • Lot 4, Block 4, DIXIE HIGHWAY TRACT as recorded in Plat Book 5, at Page 24, of the Public Records of Miami -Dade County, Florida.