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ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 7825 NE 10th Avenue
Application No. LU- 2004-35
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan from "Single Family Residential" to "Medium
Density Multifamily Residential." The subject property consists of one lots facing NE
10tlt Avenue (A complete legal description is on file at the Hearing Boards Office).
The Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-I.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 subject property is currently
designated "Single Family Residential" and the same designation is to the south and west;
the land use designation immediately north and east of the subject property is "Medium
Density Multifamily Residential."
The "Single Family Residential" 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.
2 A "Community based residential facility" provides room (with or without board), resident services, and twenty-four hour
supervision. Such a facility functions as a single housekeeping unity. This category includes adult congregate living facilities,
facilities for physically disabled and handicapped persons, for developmentally disabled persons, for non dangerous mentally ill
persons and for dependent children, as licensed by the Florida Department of Health and Rehabilitative Services (FHRS), and
juvenile and adult residential correctional facilities, including halfway houses, as licensed and approved by an authorized regulatory
agency.
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Density and intensity limitations for said uses shall be restricted to those of the
contributing structure(s).
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).
The Planning and Zoning Department recommends DENIAL of the application as
presented based on the following findings:
• It is found that immediately adjacent to the south and west of the subject property is
designated "Single Family Residential."
• It is found that the character of the NE 10' Avenue south of the subject property is
low density residential, specifically single family residential.
• It is found that the "Single Family Residential" category allows 9 residential units
per acre and the requested "Medium Density Multifamily Residential" designation
will allow 65 residential units per acre.
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• It is found that MCNP Goal LU-1 maintains a land use pattern that (1) 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.
• It is found that Policy LU-1.1.1 requires that development or redevelopment that
results in increased density or intensity of land use is contingent on the availability of
public facilities and services that meet or exceed the minimum LOS standards
adopted in the Capital Improvement Element. The attached Concurrency
Management Analysis demonstrates that no levels of service would be reduced below
minimum levels.
• It is found that Policy LU-1.1.3 provides for protection of all areas of the city from the
encroachment of incompatible land uses.
These findings support the position that the existing land use pattern in this neighborhood
should not be changed.
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Proposal No 04-35
Date: 11/17/04
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
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Applicant: Robyn Orta for Orta Development Group Inc
Address: 7825 NE 10th Av
Boundary Streets: North: nla East: n/a
South: n/a West: NE 10th Av
Proposed Change: From: Single Family Residential
To: Medium Density Multifamily Residential
Existing Designation, Maximum Land Use Intensity
Residential 0.139 acres @ 9 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 0.139 acres @ 65 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 Coilection Route
Transportation Corridor Name
1 DU's
2
0 sq.ft.
9 DU's
7
0 sq.ft.
0
20
8
6
Upper East Side
308
D1
Biscayne
RECREATION AND OPEN SPACE
Population Increment, Residents
Space Requirement, acres
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
20
0.03
182.80
182.77
OK
POTABLE WATER TRANSMISSION
Population Increment, Residents
Transmission Requirement, gpd
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
20
4,480
>2% above demand
>2% above demand
OK
SANITARY SEWER TRANSMISSION
Population Increment, Residents
Transmission Requirement, gpd
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
20
3,700
See Note 1.
See Note 1.
WASA 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 Policy 1.1.1
CIE Policy 1.2.3
SOLID WASTE COLLECTION
Population Increment, Residents
Solid Waste Generation, tons/year
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
20
26
800
774
OK
TRAFFIC CIRCULATION
Population Increment, Residents
Peak -Hour Person -Trip Generation
LOS Before Change
LOS After Change
Concurrency Checkoff
20
6
B
B
OK
NOTES
1. Permit for sanitary sewer connection must be issued by
Metro -Dade Water and Sewer Authority Department (WASA).
Excess capacity, if any, is currently not known
CM 1 IN 03/13/90
Er
ASSUMPTIONS AND COMMENTS
Population increment is assumed to be at 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.