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Home My WebLink AboutPZAB 3-16-11PZAB.4 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Land Use: Purpose: Planning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 11-001131 u 1 Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3227-47 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 3227-47 Charles Avenue [Commissioner Marc David Sarnoff - District 2] W. Tucker Gibbs, Esquire, on behalf of 3247 Charles LLC P.O. Box 1050 Miami, FL 33133 (305) 788-2720 Single -Family Residential This will change the above properties to "Major Institutional, Public Facilities, Transportation and Utilities". Denial. See supporting documentation. March 16, 2011 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 3227-3247 Charles Ave File ID 11-001131u1 REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Single Family Residential" to "Major Institutional, Public Facilities, Transportation, and Utilities". (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 "Single Family Residential" future land use category allows single family structures of one dwelling unit each to a maximum density of 9 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 foster homes and family day care homes for children and/or adults; and community based residential facilities (6 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 single family 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 single family 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 "Major Institutional, Public Facilities, Transportation and Utilities" future land use category allows facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" allow nonresidential uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. DISCUSSION The subject area consists of two parcels comprising approximately 0.243 acres. These parcels are located on the block that is bounded by William Avenue to the north, Main Highway to the east, Charles Avenue to the south, and Hibiscus Street to the west. The site and the surrounding areas to the south and west are designated "Single Family Residential"; "Major Institutional, Public Facilities, Transportation and Utilities" is located to the north and east along Main Highway. The subject site is in the COCONUT GROVE NET Service Center Area. ANALYSIS The Planning Department is recommending DENIAL of the amendment as presented based on the following findings: • MCNP Housing Policy HO-1.1.7 states the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. Since the subject area is surrounded by an established Single Family Residential neighborhood to the south and west, the proposed designation will NOT provide for an appropriate transition between the higher permitted intensities to the east and north to the surrounding residential neighborhoods. A transitional category such as "Low Density Restricted Commercial" would be more appropriate for this location. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Major Institutional, Public Facilities, Transportation and Utilities" land use category states that residential facilities ancillary to the primary uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district. Since the requested "Major Institutional, Public Facilities, Transportation and Utilities" designation is adjacent to a "Single Family Residential" neighborhood, the maximum permitted residential density is 9 dwelling units per acre, however, as previously noted, they must be ancillary to the primary use. • MCNP Policy LU-1.3.15, states that the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. This change will allow for the addition of commercial uses and increased housing capacity which will serve the surrounding residential neighborhoods. However, the designation allows for Intensities and uses that are out of scale and character with the surrounding Single Family Residential neighborhoods. "Low Density Restricted Commercial" allows for additional uses, however at a lower scale that provides for appropriate transitions from the higher intensities permitted to the east into the residential neighborhoods. • MCNP Policy LU-1.3.6 states that the City will continue to encourage a diversification in the mix of industrial and commercial activities and tenants through strategic and comprehensive marketing and promotion efforts so that the designated Neighborhood Development Zones (NDZ), the Empowerment Zone, the Enterprise Zone, the Brownfield Redevelopment Area, Commercial Business Corridors, and other targeted areas are buffered from national and international cycles. The subject area is located in the Coconut Grove NDZ, and the proposed designation will allow for an increased mix of activities and tenants in the area. Though a lower scale of uses would be more appropriate for the surrounding neighborhood. • MCNP Policy LU-1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on -site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. This site is in close proximity to a Miami -Dade County Metrobus Route and the Coconut Grove Circulator and may support additional density and commercial uses. • • 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 Improvements Element. These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed to the proposed designation. Proposal Nc11-001131u1 Date: 3/2/11 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 W. Tucker Gibbs on behalf of 3247 Charles LLC and Stirrup Properties Address: 3227 3247 Charles Av Boundary Streets: North: WILLIAM AV East: HIBISCUS ST South: CHARLES AV West: MAIN HWY Proposed Change: From: Single Family Residential To: Major Inst, Public Facilities, Transportation & Utilities Existing Designation, Maximum Land Use Intensity Residential 0.2400 acres @ 9 DU/acre 2 DU's Peak Hour Person -Trip Generation, Residential 3 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.2400 acres @ 9 DU/acre 2 DU's Peak Hour Person -Trip Generation, Residential 3 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 0 Dwelling Units 0 Peak Hour Person -Trips 0 Planning District Coconut Grove County Wastewater Collection Zone 310 Drainage Subcatchment Basin R3 Solid Waste Collection Route 212 Transportation Corridor Name SW 37 AV RECREATION AND OPEN SPACE Population Increment, Residents 0 Space Requirement, acres 0.00 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.80 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 0 Transmission Requirement, gpd 0 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 0 Transmission Requirement, gpd 0 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 0 Solid Waste Generation, tons/year 0 Excess Capacity Before Change 800 Excess Capacity After Change 800 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 0 Peak -Hour Person -Trip Generation 0 LOS Before Change B LOS After Change B Concurrency Checkoff OK NOTES NOTES: 1. Permit tor sanitary sewer connection must be Issued by Metro Dade Water and Sewer Authority Department (WASA). Excess capacity, it any, is currently not known. Major Institutional, Public Facilities, Transportation & Utilities allow fadlities for federal, state and local govern- transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to 'High Density Multifamily Residential' or if applicable the least intense abutting/adjacent resi- dental zoning district, subject to the same limiting conditions. Allows a maximum floor area ratio (FAR) of 1.72 ti- mes the gross lot area ofthe subjedproperty, except within the Health/Civic Center Dtnct ere ot exceed a total FAR ot 3.2 times the gross lot area ot the subject property. All such uses and mixes ot uses shall be subject to the detailed provisions ot the applicable land development regulations and the maintenance ot required levels ot service tor taalltles and services included in the City'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 is based on ITE TripGeneration, 5th Edition at 1.4 ppv average generation g 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. Miami -Dade County Public Schools Superintendent of Schools Alberto M. Carvalho February 22, 2011 VIA ELECTRONIC MAIL Mr. W. Tucker Gibbs c/o Stirrup Properties, Inc. 3242 Charles Avenue giving our students the world Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Carlos L. Curbelo Ranier Diaz de la Portilla Dr. Wilbert "Tee" Holloway Dr. Martin Karp Dr. Marta Perez Raquel A. Regaledo Miami, FL 33133 RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS 3247 CHARLES LLC — STIRRUP PROPERTIES (11-001131u1) LOCATED AT 3227 CHARLES AVENUE PH0111020800014 — Folio No. 0141210075201 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning, the above -referenced application was reviewed for compliance with Public School Concurrency (PH0111020800014). This application results in a total impact of Tess than one (1) student in any level or type of school, therefore it is exempt from the requirements of public school concurrency and no further action is required at this time. Should you have any questions, please feel free to contact me at 305-995-4501. Since / . n' M. Rodriguez, Director II IMR:mo L312 cc: Ms. Ana Rijo-Conde, AICP Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo-Conde, AICP, Eco-Sustainability Officer• 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285.305-995-4760 (FAX) • arijo@dadeschools.net 0 Medium Density Restricted Commercial 150 300 FUTURE LAND USE MAP Medium Density Multifamily Residential WILLIAM AV FRANKLIN AV THOMAS AV 600 Feet GRAND AV Restricted Commercial Major Inst, Public Facilities Tran portation & Utilities Single Family - Residential ADDRESS: 3227-3247 CHARLES AVENUE EXISTING 0 Medium Density Restricted Commercial 150 300 FUTURE LAND USE MAP Medium Density Multifamily Residential WILLIAM AV FRANKLIN AV THOMAS AV 600 Feet GRAND AV Restricted Commercial Single Family - Residential ADDRESS: 3227-3247 CHARLES AVENUE PROPOSED 0 150 300 600 Feet ADDRESS: 3227-3247 CHARLES AVENUE City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-001131u1 Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3227-47 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; 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 March 16, 2011, Item No. P.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 "Single Family Residential" to "Major Institutional, Public Facilities, Transportation and Utilities" for .243± acres of real property located at approximately 3227, 3247 Charles Avenue, 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 File Id: 11-001131a1 (Version: 1) Printed On: 2/28/2011 File Number: 11-001131u1 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) density will be "Major Institutional, Public Facilities, Transportation and Utilities", 9 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, CI Civic Institutional of the City of Miami Zoning Ordinance 13114, 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} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU 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 Miami Page 2 of 2 File Id: 11-001131a1 (Version: 1) Printed On: 2/28/2011