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Home My WebLink About500 NW S. River Dr-PAB-9.16.09PLANNING FACT SHEET LEGISTAR FILE ID: 09-00817Iu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PETITION September 16, 2009 Item # P.2 Pete G. Hernandez, City Manager on behalf of the City of Miami Consideration of amending the Miami Comprehensive Neighborhood Plan. 3 - Commissioner Joe Sanchez Complete legal description on file with the Hearing Boards Office Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the properties located at approximately 500 NW South River Dr., Miami, Florida from "Medium Density Multifamily Residential" to "Restricted Commercial". PLANNING APPROVAL RECOMMENDATION BACKGROUND AND ANALYSIS See supporting documentation PLANNING ADVISORY BOARD VOTE: CITY COMMISSION CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date Printed: 9/3/2009 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 500 NW SOUTH RIVER DRIVE Application No. 09-09 File ID 09-008171u REQUEST The proposal is for a change to the 2020 Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Medium Density Multifamily Residential" to "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 establishes future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow 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 main- tenance 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 in- cluding drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applica- ble 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 "Restricted Commercial" designation allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same li- miting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing resi- dential development and that adequate services and amenities exist in the adjacent area to ac- commodate the needs of potential residents; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the 1 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, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commer- cial" that are not located within the Urban Central Business District or Regional Activity Center allow a maximum floor area ratio (FAR) of 1.72 times the gross lot area of the subject property; such FAR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property. Properties designated as "Restricted Commercial" within the Urban Central Business District or Regional Activity Centers are allowed an FAR of 10.0 times the gross lot area of the subject property. All such uses and mixes of uses shall be 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. DISCUSSION The subject area consists of one triangle shape parcel comprising approximately 0.03 acres. The parcel is located within the block bounded by NW South River Drive to the northeast, NW 9th Avenue to the west, and NW 5th Street to the south. The site is currently designated "Medium Density Multifamily Residential". The subject site is in the Little Havana NET area. ANALYSIS The Planning Department is recommending APPROVAL of the application as presented based on the following findings: • A Change from Medium Density Residential Land Use to Restricted Commercial LU will rectify a Scribner's error at the FLUM for the subject property. • The property currently has a commercial structure located on it that has been there since 1951. • This action will allow a grand fathered commercial use to continue. • A Restricted Commercial use for this property is consistent with the uses in the vicinity. Currently commercial uses are located to the northeast. Medium density residential is located to the southwest of the property. • The property configuration, as well as the small size of the property (1409 sq ft), does not lend itself to residential development. • Land Use Goal LU-1:(3) encourages the city to promote and facilitate economic development and the growth of job opportunities in the city. Allowing commercial activities to occur on this site will facilitate the expansion of businesses creating more opportunities for job creation. 2 • Land Use Objective LU-1.3 indicates the city will encourage commercial, office, and industrial development within existing areas. Current activities at this location are consistent with Restricted Commercial uses. • Land Use Goal LU-1 (5) promotes the efficient use of land and minimizes land use conflicts. A change to Restricted Commercial is a logical extension of that category at this location and would minimize the conflict of having a commercial use with a "Medium Density Multifamily Residential" designation. • 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 should be changed. 3 Proposal No 09-10 Date: 9/2/2009 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: City Manager Address: 500 NW SOUTH RIVER DR Boundary Streets: North: NW SOUTH RIVER DR East: NW SOUTH RIVER DR South: NW 5TH S T West: NW 9TH AV Proposed Change: From: Medium Density Multifamily Residential To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.0300 acres @ 65 DU/acre 2 DU's Peak Hour Person -Trip Generation, Residential 1 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.0300 acres @ 150 DU/acre 5 DU's Peak Hour Person -Trip Generation, Residential 2 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 7 Dwelling Units 3 Peak Hour Person -Trips 1 Planning District LITTLE HAVANA County Wastewater Collection Zone 309 Drainage Subcatchment Basin J1 Solid Waste Collection Route 115 Transportation Corridor Name NW SOUTH RIVER DR RECREATION AND OPEN SPACE Population Increment, Residents 7 Space Requirement, acres 0.01 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.79 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 7 Transmission Requirement, gpd 1,468 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 7 Transmission Requirement, gpd 1,212 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 7 Solid Waste Generation, tons/year 8 Excess Capacity Before Change 800 Excess Capacity After Change 792 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 7 Peak -Hour Person -Trip Generation 1 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 (NASA). Excess capacity, if any, is currently not known. Restricted Commercial:Allow residential uses (except rescue missions) to a maximum densitveauivalent to 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. "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and the adequated seek.and amenities exist in the adjacent area to aaommodate the needs of potential residents;transitory residential fadlities such as hotel and motels; general office use; clinics and laboratories; as well as commercial activities that generally serve the daily retailing and service needs of the public, and often located along arterial or collector roadway, 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 a maximum lot floor ratio FLR) of 7.0 times the net lot area of the subject property: such FLR may be incre ased upon compliance with the detail provisions of the applicable land development regulations'however, FLR may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as Restricted Commercial in the Urban Central Business District and Buenavista Yards regional Activity Center allow a maximum floor area lot ratio (FLR) of 37.0 times the net lot area of the subject property CM 1 IN 03/13/90 \. ', City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * City of Miami Application Phone * 305-416-1400 Application Email * RLavemia@ci.miami.fl.us Application Address * 500 NW S. River Dr. Contact Fields Information Contact Name * Roberto Lavernia Contact Phone * 305-416-1408 Contact Email * RLavernia@ci.miami.fl.us Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4138-003-0120 Additional Folio Number Total Acreage * .0323 Proposed Land Use/Zoning * Restricted Commercial Single -Family Detached Units * N/A Single -Family Attached Units (Duplex) * N/A Multi -Family Units * 4 Total # of Units * 4 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local govemment has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local govemment. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner(s)/Attomey/Applicant Signature The foregoing was acknowledged before me this day of 20 by who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature WAIVER REQUEST FROM PUBLIC SCHOOL CONCURRENCY REVIEW FEES Waiver request fees will be granted upon meeting the following conditions: 1. Local government is the applicant 2. Local Government is the owner of the land associated with the application 3. Submit Waiver Request Form for each application 4. The exemption request must be pre -approved by the District via concurrency@dadeschools.net, prior to submitting application through the concurrency management system Application Information Local Government: City of Miami Application Name: City of Miami Address: 500 NW South River Dr. Folio Number (s): 141380030120 Land Owner of Record: Anchor Marine of Miami Inc. Type of Application: Land Use Number of Residential Units: 4 Authorized Administrator Signature: (Print your name and title) Date: M-DCPS Use Only Authorized ❑ Unauthorized ❑ M-DCPS Authorized Administrator Signature: (Print your name and title) Explain: Date: Facilities Planning Ana Rijo-Conde, A/CP, Planning Officer • School Board Administration Building • 1450 N.E. 2nd Ave. • Suite 525• Miami, FL 33132 305-995-7285.305-995-4760 (FAX) • arijo@dadeschools.net 0 FUTURE LAND USE MAP NW 7TH ST H 0 z NW 6TH S NW 5TH ST MEDIUM MULTIFAMILY DENSITY RESIDENT! L 150 MAJOR PUBLIC TRAN UTILIT NST, FAC P ES NW 4TH ST SINGLE FAMILY RES !DU TIAL NW7TH ST STRIAL NW 3RD ST NW 3RD ST 300 600 Feet RECREATION ADDRESS: 500 NW SOUTH RIVER DRIVE ZONING ATLAS MAP NW 7TH ST NW 6TH S IQ rn R-1 NW_7TH ST 4 \ it* /71.4. tiR��<R OR ,* R- NW 4TH ST 0 150 300 600 Feet // it/, irr;fr, , fury,/-r ▪ • ' /• yi,•- jjr tiit 7rr /'//iis/ r▪ r" �r/%r;/.//i rirjrrf'r„ir \Or�%zjr%%j j rrrr%Gr /rrr/,/ 6, /riff • f ,rr%jr>2/ /„ i '`F,6 ii r rr. rr� ffir �j.5 f .Rrrf•i/ 44 i f/f, i%L/. / r� x I— z PR NW 3RD ST NW 8TH AV ADDRESS: 500 NW SOUTH RIVER DRIVE 0 150 300 600 Feet I 1 I I ADDRESS: 500 NW SOUTH RIVER DRIVE City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-008171u Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY 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 REAL PROPERTY LOCATED AT APPROXIMATELY 500 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; 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 September 16, 2009, Item No. P.2, following an advertised public hearing, adopted Resolution No. ---- by a vote of ---- to ---- (- _), recommending approval 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 § 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Medium Density Multifamily Residential to Restricted Commercial for .0323± acres of real property located at approximately 500 NW South River Drive, 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 map for a site -specific development; City of Miami Page 1 of 2 Printed On: 9/3/2009 File Number: 09-008171u (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 § 420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by § 380.0552, Florida Statutes or by the Administration Commission pursuant to § 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 § 380.05(6), Florida Statutes. (f) density will be Restricted Commercial, 150 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, C-1 Restricted Commercial of the City of Miami Zoning Ordinance 11000, 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, § 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 § 163.3187(3)(c), Florida Statutes.{1} 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 Printed On: 9/3/2009 EXHIBIT A LEGAL DESCRIPTION: RIVERVIEW PB 5-43 TRIANGULAR BLOCK E OF NW 9 AVE N OF NW 5 ST & S & W OF S RIVER DR BLK B LOT SIZE 1409 SQUARE FEET COC 24829-0367 08 2006 1