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HomeMy WebLinkAboutAnalysisANALYSIS FOR LAND USE CHANGE REQUEST 711 SW 39th Avenue Application No. 09-12 File ID 08-01085Iu REQUEST The proposal is for a change to the 2020 Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Single -Family Residential" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood OPIan (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." Single Family Residential: Areas designated as "Single Family Residential" allow 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 facilities2 (6 clients or less, not including drug, alcohol or correctional rehabilitation facilities also will be allowed pursuant to applicable state law. Plac- es of worship, primary and secondary schools, child day care centers and adult day care cen- ters are permissible in suitable locations within single family residential areas. Professional of- fices, tourist and guest homes, museums, and private clubs or lodges are allowed only in con- tributing structures within historic sites or historic districts that have been designated by the His- torical 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 "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 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. 1 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 parcel comprising approximately 0.13 acres. It is located on the east side of the block fronting SW 39th Avenue. The block is bounded by SW 5th Street to the north, Boabadilla Street to the east, Ponce the Leon Boulevard to the southeast, SW 8th Street to the south, and SW 39th Avenue to the west. The City of Miami municipal boundary is to the east of the subject property. A Restricted Commercial Future Land Use designation is to the South while a Single Family Residential Future Land Use is to the West and North. The subject site is in the West Flagler NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The parcels are part of a single family residential designated area. • The requested change will represent a potential intrusion of commercial uses into a sin- gle family residential 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. • The "Single Family Residential" land use category allows residential structures to a maximum density of 9 dwelling units per acre respectively. The requested "Restricted Commercial " designation allows to a maximum density equivalent to "High Density Multifamily Residential" or to 150 dwelling units per acre. This potential increase in resi- dential density will be out of scale with the established neighborhood. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The proposed Miami 21 designation for the site is Single Family Residential. The Zoning Designation is T-3-R. • MCNP Land Use Goal LU-1(1) encourages a land use pattern that protects and en- hances the quality of life in the city's residential neighborhoods, and (5) promotes the ef- 2 ficient use of land and minimizes land use conflicts. A change to Restricted Commercial is not a logical extension of that category. • MCNP 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. • MCNP Housing Policy HO-1.1.7, states the City will continue to control, through restric- tions 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. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that re- sults in an increase in density or intensity of land use shall be contingent upon availabili- ty 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 not be changed. 3 Proposal No 09-12 Date: 11/04/2009 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 Gilberto Pastoriza and Estrella Sibila Esq. on behalf of RMM Properti Ltd. Address: City Boundary Streets: North: SW 5 ST East: BOABADILLA ST South: SW 8 ST West: SW 39 AV Proposed Change: From: Single Family Residential To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.1300 acres @ 9 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other 1 DU's 2 0 sq.ft. Proposed Designation, Maximum Land Use Intensity Residential 0.1300 acres @ 150 DU/acre 20 DU's Peak Hour Person -Trip Generation, Residential 10 Trips Other 5,663 sq.ft. @ 3 FAR 16,988 sq.ft. Peak Hour Person -Trip Generation, Othe 3.79 KSF 64 Trips 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 47 18 73 West Flagler 315 P4 214 SW 8th Street es, RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 47 0.06 182.80 182.74 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 47 10,552 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents 47 Transmission Requirement, gpd 8,715 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 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 47 60 800 740 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 47 73 E+20 E+20 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. Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density equivalentto '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 services and amenities exist In the adjacent area to accommodate the needs of potential residentsyransllory residential facilities such es hotel and motels; general office use; clinics and laboratories; es well as commercial activities that generaity 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 eslote, bunking, restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scaleand land use impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, places of workshlp, end 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 sublet{ property: such FLR may be incre ased upon compliancewith the detail provisions of the applicable land development reaulationshowever. FLR may not exceed a total FLR of 11.0 times the net lot area of the sublect property. Properties designated as Restricted Commercial in the Urban Central Business District and Buenavista Yards regional Activity Center allow a maximum Iloor area lot ratio (FLR) of 37.0 times the net lot area of the subiect property CM_1_IN 03/13/90 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.