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HomeMy WebLinkAboutAnalysisANALYSIS FOR LAND USE CHANGE REQUEST Approximately 329, 333, 335, 337, 346 NE 58th Terrace Application No. LU. 07-14 File ID 07-013811u 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 Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan 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 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 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 du- plex 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 allows all activities included in the "Office" and the "Re- stricted 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, distri- bution 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 resi- dential structures of a density equal to R-3 or higher, but not to exceed a maximum of 150 units per acre, are allowed by Special Exception only, upon finding that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residen- tial development and that adequate services and amenities exist in the adjacent area to accommo- date the needs of potential residents. This category also allows commercial marinas and living quar- ters on vessels for transients. 1 DISCUSSION The subject application consists of five lots comprising approximately 0.6 acres. All the lots front on to NE 58th Terrace between NE 3rd Avenue and NE 4th Avenue. Four of the lots are on the north side of the Street; one lot is on the south side. The site is currently designated "Duplex Residential". Surrounding the subject site to the south and west is Duplex Residential. To the north and east is General Commercial land use. The subject site is in the Little Haiti Net area and in Commissioner Spence -Jones District. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The properties are adjacent to the south, and west by an established low density residential community. Though there is vacant lot at the subject properties, the property that is not vacant along NE 58th Terrace is part of a low density residential neighborhood. • The character of the surrounding neighborhood is residential, particularly low density residential. • The requested change will represent an intrusion of commercial uses into a low density residential neighborhood. • The MCNP Interpretation of the Future Land Use Plan 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 by Special Exception only, multifamily residential structures from a density equal to R-3 (65 units per acre) or higher up to 150 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 General Commercial is not a logical extension of the Duplex Residential land use category; "General Commercial" Land Uses generally allow wholesaling and distribution activities that generally serve the needs of other businesses; generally requiring on and off loading facilities; 2 • 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. • Policies LU-1.1.10 and HO-1.1.9 encourage high density residential in close proximity to Metrorail and Metro mover stations. This location is not in proximity to either. • 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. • Miami -Dade County Comprehensive Development Master Plan, CDMP, Policy LU-4C indicates that residential neighborhoods shall be protected from intrusion of uses that would disrupt or degrade the health, safety, tranquility, character, and overall welfare of the neighborhood by creating such impacts as excessive density, noise, light glare, odor, vibration, dust or traffic. • 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. 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 07-14 Date: 12/05/07 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: Marcelo Fernandez, Vice President on behalf of 64 Development Corp. Address: 329, 333, 335, 337, 346 NE 58 Terrace Boundary Streets: North: NE 59 ST East: NE 3 AV South: NE 58 ST West: NE 4 AV Proposed Change: From: Duplex Residential To: General Commercial Existing Designation, Maximum Land Use Intensity Residential 0.60 acres @ 18 DU/acre 11 DU's Peak Hour Person -Trip Generation, Residential 12 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.60 acres @ 150 DU/acre 90 DU's Peak Hour Person -Trip Generation, Residential 45 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 204 Dwelling Units 79 Peak Hour Person -Trips 33 Planning District Little Haiti County Wastewater Collection Zone 308 Drainage Subcatchment Basin E2 Solid Waste Collection Route 7 Transportation Corridor Name NE 2nd Ave RECREATION AND OPEN SPACE Population Increment, Residents 204 Space Requirement, acres 0.26 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.54 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 204 Transmission Requirement, gpd 45,594 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 204 Transmission Requirement, gpd 37,656 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 204 Solid Waste Generation, tons/year 261 Excess Capacity Before Change 800 Excess Capacity After Change 539 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 204 Peak -Hour Person -Trip Generation 33 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, if any, is currently not known CM 1 IN n9/11/Qn 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 owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made.