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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 2900 South Miami Avenue, 2890, 2900, 2920, 2940 and 2960 South Federal Highway File ID 14-007291u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of six properties from "Single Family Residential" to "Low Density Multifamily Residential". A complete legal description of the properties 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 (1) dwelling unit each to a maximum density of nine (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 six (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 "Low Density Multifamily Residential" designation allows residential structures to a maximum density of 36 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 Tess, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; day care centers for children and adults may be permissible in suitable locations. Permissible uses within low density multifamily residential 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; and places of worship, primary and secondary schools, and accessory post -secondary educational facilities; all of which are subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses. 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 low 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). DISCUSSION The subject area consists of six parcels comprising approximately 1.3 acres. The parcels are located on the south side of South Federal Highway within the block bounded by South Miami Avenue on the east and SW 30th Road on the west. The site and the areas to the south, east, and west are designated "Single Family Residential". To the north, across from South Federal Highway, are paved expressways and ramps (1-95 North and South), as well as landscaped areas, and "Single Family Residential" dwelling units. The four western subject parcels currently have single family units while the eastern two parcels are undeveloped open space. Of note is that the subject properties are all within a "Moderate Probability" Archaeological Conservation Zone with the eastern most property located adjacent to a "Scenic Transportation Corridor" and designated an "Environmental Preservation District". The subject properties are in the NORTHEAST COCONUT GROVE NET Service Center Area. ANALYSIS The Planning Department is recommending DENIAL of the amendment as presented based on the following findings: • The existing character and density of the site and surrounding area are currently consistent with Single Family Residential. • The MCNP Interpretation of the 2020 Future Land Use Map section indicates that the "Single Family Residential" designation permits nine (9) dwelling units per acre and the "Low Density Multifamily Residential" future land use designation allows residential uses to a maximum density of 36 dwelling units per acre. Currently there are four dwelling units on the subject properties. This proposed designation would allow for approximately 47 dwelling units, which are out of scale, density, and character with the established 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 throughout this single family neighborhood, changing the character of the 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; (5) promotes the efficient use of land and minimizes land use conflicts; and (6) protects and conserves the city's significant natural and coastal resources. A change to "Low Density Multifamily Residential" is not a logical conversion and would change the character of this single family residential neighborhood. Furthermore, the properties on the east are designated as an "Environmental Preservation District" and must be protected. • Land Use Policy LU-1.1.3 provides for the protection of all areas of the city from (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man made amenities; and (4) degradation of public open space, environment, and ecology. The proposed change is out of scale in regards to density and height as it pertains to this single family neighborhood and may allow for the degradation of the existing open space on the site. The site contains an "Environmental Preservation District" to the east. • 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 proposed change is out of scale in regards to density and height as it pertains to this single family 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. This area is a well established single family neighborhood. Furthermore, the zoning ordinance, Miami 21, designates this area as part of the "Neighborhood Conservation District, (NCD-3), within Coconut Grove. Appendix A.3.6 of the Zoning Code states that the single family residential district is intended to protect the low density residential and dominant tree canopy characteristics of Coconut Grove and prevent the intrusion of additional density, uses, and height. The proposed designation is contrary to this Development Regulation. • 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 concurrency analyses. • Natural Resource Objective and Policy NR-1.3 and NR-1.3.3, states the City will maintain and enhance the status of native species of fauna and flora by continuing to designate private properties with significant or unique resources as "Environmental Preservation Districts (EPD)". The eastern most property of this application is an "EPD". Policy NR-1.3.4: states that the City will review development and redevelopment to determine any adverse impacts on adjacent areas with significant native vegetative features, wildlife or marine life, and establish regulations that reduce or mitigate such impacts. The approval of this proposed designation may have negative impacts on this "EPD" as well as the adjacent areas. • 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-R — "Sub -Urban Zone" while the proposed designation is T4-R — "General Urban Zone". 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. FUTURE LAND USE MAP (EXISTING) 0 150 300 600 Feet 1 1 I Public Parks & Recreation ADDRESS: 2900 S MIAMI AV, 2890, 2900, 2920, 2940, 2960 S FEDERAL HWY FUTURE LAND USE MAP (PROPOSED) S FEDERAL HWY Low, Density EP-46 Multifamily Residential *, Vir � EP-47 `f'LySingle Family - `PJ -A Residential 0 4 O 7 It* kt 0 /11* 9 6�, 00 0 150 1 ' E P. 48 300 600 Feet i I Public Parks & Recreation EP-49 ADDRESS: 2900 S MIAMI AV, 2890, 2900, 2920, 2940, 2960 S FEDERAL HWY 0 150 300 I 1 I 600 Feet ADDRESS: 2900 S MIAMI AV, 2890, 2900, 2920, 2940, 2960 S FEDERAL HWY I Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-081 File ID 14-007291u December 17, 2014 Item PZAB.1 Mr. David Young offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING 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 FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 2900 SOUTH MIAMI AVENUE AND 2890, 2900, 2920, 2940 AND 2960 SOUTH FEDERAL HIGHWAY, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant made a request to continue the item and the motion for continuance, made by Ms, Maria Lievano-Cruz and seconded by Mr. Daniel Milian, failed by a vote of five to six (5 - 6); and WHEREAS, the PZAB considered the application, the staff analysis, and all evidence and testimony presented at the public hearing on December 17, 2014, and made no other motions. Upon being seconded by Ms. Maria Beatriz Gutierrez, the motion passed and was adopted by a vote of 11-0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins No Vote Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Yes Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Yes Mr. Daniel Milian Yes Mr. Juvenal Pina Yes Ms. Melody L. Torrens Yes Mr. Manuel J. Vadillo Yes Mr. David H. Young Yes ,( Franc Garcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE ) 1,9; Execudo Date Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS CrdAY OF 1 CP ` — , 2014. Print Notary Name Personally know or Produced LD. Type and number of I.D. produced Did take an oath or Did not take an oath hC Notary Public State of Florida My ESSATRUJILLO ek ii±i MY COMMISSION 0 EE 105250 EXPIRES; July 11, 2015 1.4 Ir,;•^ Bonded Thru Notary Public Underwriters Exhibit "A" LEGAL DESCRIPTION: LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO WIT: FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 A'DISTANCE OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY LINE OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAGLER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE 73, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.