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HomeMy WebLinkAboutItem #2- 711 SW 39 Ave- 10.26.09PLANNING FACT SHEET LEGISTAR FILE ID: 08-01085Iu November 4, 2009 Item # P.2 APPLICANT Gilberto Pastoriza & Estrellita Sibila, on behalf of RMM Properties, Ltd. REQUEST/LOCATION Consideration of amending the Miami Comprehensive Neighborhood Plan COMMISSION DISTRICT Commissioner Tomas Regalado - District 4 LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards PETITION 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 711 SW 39th Avenue, Miami, Florida from "Single Family Residential" to "Restricted Commercial". PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION Denial See supporting documentation VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date Printed: 10/21/2009 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST 711 SW 39th Avenue Application No. 09-12 File ID 08-010851u 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 CONCURRENCYANALYSIS Applicant Gilberto Pastoriza and Estrella Sibila Esq. on behalf of RMM Properties, 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 1 DU's Peak Hour Person -Trip Generation, Residential 2 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 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 47 Dwelling Units 18 Peak Hour Person -Trips 73 Planning District West Flagler County Wastewater Collection Zone 315 Drainage Subcatchment Basin P4 Solid Waste Collection Route 214 Transportation Corridor Name SW 8th Street RECREATION AND OPEN SPACE Population Increment, Residents 47 Space Requirement, acres 0.06 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.74 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 47 Transmission Requirement, gpd 10,552 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff 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 On -site Exfiltration System After Change On -site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 47 Solid Waste Generation, tons/year 60 Excess Capacity Before Change 800 Excess Capacity After Change 740 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 47 Peak -Hour Person -Trip Generation 73 LOS Before Change E+20 LOS After Change E+20 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. Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density equivalent 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 sites 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 residents;transitory residential facilities 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 scaleand 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 T; ;,;;�;,;' City of Miami% Public School Concurrency ;`-<., Concurrency Management System Entered Requirements Applicant Fields Information Application Type 1 p,vicJ vise U1 n i. {i g t� Application Sub -Type Application Name * 711 St,W 2 t 1,11,E c /o -t e i &l Application Phone * ' `1 ✓SL-j— UV j C.; Application Email * ESA / I IA 0 VVSW - 0• I+V - f_i vn Application Address * - ! 1 SI,Ni 361 4 Vf Contact Fields Information Contact Name * f1 Loy J l.1 1 Contact Phone * 3- Y'S 7 — C7ce O Contact Email * fJ 16 ( Liq 6 LvSLA1,--? (A) - Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav(ir,ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY} Property Fields Information Master Folio Number * Q 1 11105-, oq g - 0030 Additional Folio Number Total Acreage * 0.13 aerie.: Proposed Land Use/Zoning * Q �j- k r .u97, (/l.J �" ` Single -Family Detached Units * 4! Single -Family Attached Units (Duplex) * t Multi -Family Units * Total #of Units * 1q p CYY1 ifid tffc)2 f Redevelopment Information (MUSPs) Re -development applications are for those vacant sites for which cal government hes provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. 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 wilt be torn dawn for redeevelopment. The newly proposed development calls for 40 total units. Local government shalt input 20 units in the CMS (net difference between Ole 20 units vested less the newly proposed 4 units). * Required Fields for Application r, n Owner(s)IAttonrey/Applicant Name ttomey/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE �'� , Tli orego yg was o eedged EZefore me this ty�`at�� ` `� 20 Lo b �r1Q�. t t 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 oatr'". (Stamp) SOMODEVILLA Signatu j * MY COMMISSION t1 DD 70498B EXPIRES: September 13, 2011 re.„F,_ce Bonded ThruBudget NalayServices FUTURE LAND USE MAP SW 39TH CT SW 5TH ST SALZEDO ST SW 5TH TER ES OM TRI VIE CTED RC AL x H 1 1 CIBAO CT MONTILLA AV — GALIANO ST CALABRIA AV 0 150 300 600 Feet ADDRESS: 711 NW 39 AVENUE ZONING ATLAS MAP SW 6TH ST 2 H 1- U)1 SW 39TH CT SALZEDO ST SW 5TH ST SW 5TH TER R-1 C-1 SW 39TH AV 1 1 1 1 CALABRIA AV CIBAO CT m z 0 w J w w U z 0 a MONTILLA AV — VERAGUAAV— Fo SW 8TH ST— cn 0 z Q J Q 0 150 300 600 Feet ADDRESS: 711 NW 39 AVENUE . 1991v9 4,1,47 T ii +r-s MI le nr # m -14 n ei e SW 8TH ST' i ANTIQUERAAV 0 150 300 600 Feet ADDRESS: 711 NW 39 AVENUE City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-010851u1 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 711 SOUTHWEST 39 AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY 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 November 4, 2009, Item No. P.2, following an advertised public hearing, adopted Resolution No. by a vote of to (-), recommending denial 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 Single Family - Residential to Restricted Commercial for .13± acres of real property located at approximately 711 SW 39th Avenue, 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: 10/21/2009 File Number: 08-010851u1 (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; and (f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami Comprehensive Neighborhood Plan, as amended, and nonresidential intensity will be an FAR not to exceed 3.0 times gross lot area of the subject property as established in the Miami Comprehensive Neighborhood Plan, 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} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} 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: 10/21/2009 Exhibit "A" Legal Description Lot 3 and the South 10 feet of Lot 4, in Block 1, of FLAGLER SECOND ADDITION OF CORAL GABLES, according to the Plat thereof, as recorded in Plat Book 24, at Page 49, of the Public Records of Miami -Dade County, Florida.