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Home My WebLink AboutAnalysis, Maps, Projects Mtg & Sch. Brd. Conc.ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 19 NW 41st Street File ID 13-00864Iu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Duplex Residential" to "Low Density 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 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 ser- vice for facilities and services included in the City's adopted concurrency management require- ments. 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 al- lowed only in contributing structures within historic sites or historic districts that have been des- ignated 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 "Low Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residen- tial" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, li- braries, convention facilities, places of worship, and primary and secondary schools. Also al- lowed are 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 col- lector roadways, which include: general retailing, personal and professional services, real es- tate, banking and other financial services, restaurants, saloons and cafes, general entertain- ment facilities, private clubs and recreation facilities, major sports and exhibition or entertain- ment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and liv- ing quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Restrict- ed Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. 1 DISCUSSION The subject area consists of one parcel comprising approximately 0.165 acres. It is located in the southeast area of the block bounded by NW 42nd Street on the north, N Miami Avenue on the east, NW 41st Street on the south, and NW 1st Avenue on the west. The site and the areas to the north, northwest, and west are currently designated "Duplex Residential". The area to the southwest is designated "Single Family Residential". A "General Commercial" Future Land Use designation is to the northeast, east, southeast, and south along the N Miami Avenue commercial corridor. 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 southwest by an established single family and duplex 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 "Low Density Commercial" designation allows density equivalent to "Low Density Multifamily Residential" or 36 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 Low Density Restricted Commercial is not a logical extension of that category; "Low Density Restricted Commercial" land uses would represent a potential intrusion of commercial uses into a stable residential 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. The potential commercial uses may be incompatible with the residential areas. Commercial uses should be limited to the commercial corridor along N Miami Avenue. • 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. The pro- posed change would allow for larger scale and commercial uses that could potentially nega- tively impact the 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. See attached Concurrency Analysis. • 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 "Sub -Urban — Open" and the proposed designation is T4-L — "General Urban — Limited". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. 3 Proposal No 13-008641u Date: 09/18/2013 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 Mario Garcia -Serra, Esq., on behalf of Courtney Properties, LLC Address: 19 NW 41 ST Boundary Streets: North: NW 42 ST East: South: NW 41 ST West: Proposed Change: From: Duplex- Residential To: Low Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.1700 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 0.1700 acres @ 36 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 Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name N MIAMI AV NW 1 AV 3 DU's 2 0 sq.ft. 6 DU's 5 0 sq.ft. 0 8 3 2 Little Haiti 308 E2 109 N MIAMI AV RECREATION AND OPEN SPACE Population Increment, Residents Park Within 10 Minute Barrier -Free Walk % Population Outside of Barrier Free Walk A Excess Capacity After Change Concurrency Checkoff 8 Yes N/A N/A OK POTABLE WATER TRANSMISSION Population Increment, Residents 8 Transmission Requirement, gpd 1,219 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASD Permit Required SANITARY SEWER TRANSMISSION Population Increment, Residents 8 Transmission Requirement, gpd 1,109 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASD 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 8 10 800 790 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation 8 2 Concurrency Checkoff OK NOTES 1. Permit for sanitary sewer connection must be Issued by Miami -Dade Water and Sewer Authority Department. (WASD) Excess capacity, If any, Is currently not known Low. Density Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density equivalent to 'Low Density Multifamily Residential" sublect to the same limiting conditions; transitory residential facilities such as hotels and motels;general office use; clinics and laboratories 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, 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 max heloih 4 stories (height up to 25 ft for the ground floor and up to 14 ft for each additional floor CM_1 IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment Is assumed to be all new residents. Peak -period trip generation 1s 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. FUTURE LAND USE MAP (EXISTING) I — co NW 44TH ST NW 42ND ST Duplex - Residential NW41STST Single Family - Residential NW 40TH ST NW 39TH ST Low Density Restr•cted Commercial L- L L NW 38TH ST 1 '195 ON Rp3\IIP- ■ MI N MIAMI AV NE 44TH ST Buena Vista East NE 43RD ST NE 42ND ST Duplex - Residential NE 38TH ST 0 150 300 600 Feet ADDRESS:19 NW 41 ST FUTURE LAND USE MAP (PROPOSED) NW 44TH ST NW 42ND ST Duplex - Residential Low Density Restricted Commercial NW 41ST ST Single Family - Residential NW 40TH ST 0 150 300 i I ■ ■ i ■ ■ ■ ■ ■ J NE 44TH ST NE 43RD ST NE 42ND ST Duplex - Residential General Commercial NE 41ST ST NE 40TH ST NW 39TH ST NE 39TH ST 600 Feet MDDRS NE 38TH ST ADDRESS:19 NW 41 ST 0 NW 4o7H ST 150 300 1 1 600 Feet TAin a.. u, z • "F4 - n I age courtesy of u;sg;z36-00e:p ADDRESS:19 NW 41 ST PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING RE -ZONING 19 NW 41 Street 19 NW 41 STREET PR-13-084 ZONING DESIGNATION:T3-L NET DISTRICT: LITTLE HAITI 7.17.13 The project is subject to review and compliance with the requirements of all City departments, as applicable. The following comments were generated based the Pre -application meeting of July 17, 2013 and are intended to assist and expedite permit applications based on the applicant's voluntary modifications of the project / plans suggested herein. This application has been reviewed for the following permit: o Re -zoning, pursuant to Article 7, Section 7.1,2.8 (c) (1) allows the request of a zoning change from T3-L to T4-L. The following comments should be addressed: 1. Along with the re -zoning request, this application also requires a Land Use change. The applicant needs to apply for the Land Use change with the re -zoning. The applicant may contact Harold Ruck at 305.416.1424 within the Planning and Zoning Department concerning the specific Land Use change required with the zoning change. 2. The applicant may need to provide School Concurrency. You may also contact Harold Ruck at 305.416.1424 to confirm if School Concurrency is required. If so, the applicant may contact Gary Gay at 305.416.1416 within the Planning and Zoning Department concerning the reservation of School Concurrency. Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment fu rther on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. O 'iPg Our students the 1,R3rkt Superintendent of Schools Alberto M. Carvalho August 19, 2013 VIA ELECTRONIC MAIL Mr. Mario Garcia -Serra, Esquire Greenberg Traurig, P.A. 333 S.E. 2nd Avenue Miami, FL 33131 garcia-serram(a7gtlaw.com courtneylawfirm@gmail.com giving our students the world Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross-Mindingall Susie V. Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert "Tee" Holloway Dr. Marta Perez Raquel A. Regaledo RE: PUBLIC SCHOOL CONCURRENCY - PRELIMINARY ANALYSIS COURTNEY PROPERTIES, LLC FOR 19 NW 41 STREET — LG# 13-008641u/zc LOCATED AT 19 NW 41 STREET PH0113080500775 - FOLIO No.: 0131240200860 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 6 multi -family units, which generate 3 students; 1 elementary, 1 middle and 1 senior high students. At this time, all three school levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305-995-4501. Sincer .R Director I IMR:ir L-114 Enclosure driguez, R 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, Deputy Chief Facilities and Eco-Sustainability Officer 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285 • 305-995-4760 (FAX) • arijo@dadeschools.net Contumacy Management System (CMS) Miami Dade County Public Schools Miami -Dade County Public Schools MDCPS Application Number: Date Application Received: Type of Application: Applicant's Name: Address/Location: Master Folio Number: Additional Folio Number(s): PROPOSED # OF UNITS SINGLE-FAMILY DETACHED UNITS: SINGLE-FAMILY ATTACHED UNITS: MULTIFAMILY UNITS: Concurrency Management System Preliminary Concurrency Analysis PH0113080500775 Local Government (LG): Miami 8/5/2013 1:34:07 PM LG Application Number: 13-008641u/zc Public Hearing Sub Type: Zoning Courtney Properties, LLC for 19 NW 41 Street 19 NW 41 Street, Miami FI 33137 0131240200860 6 0 0 6 CONCURRENCY SERVICE AREA SCHOOLS CSA Id Facility Name Net Available Capacity Seats Required Seats Taken LOS Met Source Type 2351 ENEIDA MASSAS HARTNER ELEMENTARY 6361 JOSE DE DIEGO MIDDLE 65 YES Current CSA 216 1 YES Current CSA 7791 (BOOKER T WASHINGTON SENIOR 776 1 YES Current CSA ADJACENT SERVICE AREA SCHOOLS I*An Impact reduction of 19.5% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net