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HomeMy WebLinkAboutAnalysis, Color Maps, Sch. Concurrency & PZAB ResoANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 4136 North Miami Avenue File ID 12-000831u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Low Density Restricted Commercial" 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 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Low Density Restricted Commercial" land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" (36 dwelling units per acre) subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laboratories 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 collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above auditoriums, libraries, convention facilities, 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 "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. The "General Commercial" future land use category allows all activities included in the "Restricted 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, distribution 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 residential structures of a density equal to High Density Multifamily Residential (150 dwelling units per acre), are allowed subject to the detailed provisions of the applicable land development regulations. The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "General Commercial" in. the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net 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 0.21 acres. The parcel is located on the northeast corner of the block that is bounded by NW 42"d Street to the north, N Miami Avenue to the east, NW 41st Street to the south, and NW 1st Avenue to the west. The site and the areas to the north and east along the N Miami Avenue corridor are designated "Low Density Restricted Commercial"; the areas to the south and southeast along the N Miami Avenue corridor are designated "General Commercial"; the areas to the west are designated Duplex Residential. The subject site is in the LITTLE HAITI NET Service Center Area. ANALYSIS The Planning Department is recommending "DENIAL" of the amendment as presented based on the following findings: • 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. This amendment will increase conflicts because the proposed designation will allow for development densities and intensities that are out of scale with the surrounding residential neighborhood. • MCNP Housing Policy HO-1.1.7 states the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. Since the subject area is surrounded on. the north and west by a Low Density Restricted Commercial area and to the west by a Duplex Residential area, the density and intensity allowed by the General Commercial category will be out of scale with the surrounding duplex residential neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Low Density Restricted . Commercial" future land use category allows residential structures up to a maximum of 36 dwelling units per acre. The requested "General Commercial" designation allows density equivalent to "High Density Multifamily Residential" or 150 dwelling units per acre. There is a large increase in potential density that will be out of scale with the surrounding areas to the north, east, and west. • MCNP Policy LU-1.3.15, states the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. The "Low Density Restricted Commercial" provides for this appropriate mix of uses. The "General Commercial" category encourages additional uses that are not appropriate in developing a balanced mix for this particular neighborhood. This area is primarily residential and low scale commercial in nature, and the commercial uses permitted within the "Low Density Restricted Commercial" category are more compatible with the surrounding neighborhood than those that are permitted within the "General Commercial" category. The General Commercial category permits 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, distribution 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. These uses are not compatible with the character of the surrounding neighborhood to the west and north, and should therefore be limited to south of this site. • 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 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 Improvements Element. • The analysis is NOT based on a proposed project. The highest potential use is being considered. The Miami 21 zoning designation currently approved on this parcel is T5-O — "Urban. Center". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. i CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal N( 12-000831u IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 03/21/2012 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION • CONCURRENCY ANALYSIS Applicant Javier Avino Esq. on behalf of Fountainhead Center LLC Address: 4136 N MIAMI AV Boundary Streets: North: NW 42 ST East: N MIAMI AV South: NW 41 ST West: NW 1 AV Proposed Change: From: Low Density Restricted Commercial To: General Commercial Existing Designation, Maximum Land Use Intensity Residential 0.2100 acres @ 36 DU/acre 8 DU's Peak Hour Person -Trip Generation, Residential 6 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.2100 acres @ 150 DU/acre • 32 DU's Peak Hour Person -Trip Generation, Residential 17 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 62 Dwelling Units 24 Peak Hour Person -Trips 11 Planning District LITTLE HAITI County Wastewater Collection Zone 308 Drainage Subcatchment Basin E2 Solid Waste Collection Route 109 • Transportation Corridor Name N MIAMI AV RECREATION AND OPEN SPACE Population Increment, Residents 62 Space Requirement, acres 0.08 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.72 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 62 Transmission Requirement, gpd 13,782 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 62 Transmission Requirement, gpd 11,382 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 62 Solid Waste Generation, tons/year 79 Excess Capacity Before Change 800 Excess Capacity After Change 721 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 62 Peak -Hour Person -Trip Generation 11 LOS Before Change D LOS After Change D Concurrency Checkoff OK NOTES 1. Permit for sanitary, sever connection must beIssued by Metro -Dade Water and Sewer Authority Department (WASA) Excess capacity, if any, Is currently not known General Commercial: Areas designated as 'General Commercial' allow all acfivifies included In the'Restri cted Commercial' designations, as well as wholesaling and dstbution activities Mat generally serve the needs of other businesses; genealy require an and off loafing facilities; and benefit from close proximity to Industrial awe These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots wet wages, heavy egiipnent sales and service, baiting material sales and - storage, wholesaling, werehcusing,dstnbution and transport related services, light manufacturing and assembly - and other activities whose scale ofoperation and land use Impacts are similar tothose uses described ebwe. Multifamily residential sheaves of a density copal to High Density Multifamily Residential, are allowed subject to the detailed provisions of the applicable land develapnenl regulations. The nanesidental Batons of develop laments within areas designatedas'Generd Commercial' allow a marunum floc lot ratio (FLR) of 7.0 limes the net lot area of Me subject property; such FLR maybe Increased upon canpliancewvit the deletedpovisiens of the applicable land devebpmenl regulations; however. may not exceed a total FLR of 11.0 times Ihenet lot area of the subject property. Properties designated as 'General Camnerciar in the Urban Central Business District & Buena Vista Yads Regional Activity Center alma maximum liar lot ratio (FLR) o137.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subjectlo the detailed provisions of the applicable land development I in the Ciys adopted conamancymanagement requirements. 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. FUTURE LAND USE MAP Duplex - Residential 0 150 300 I 1 I I I I 600 Feet 1 I ADDRESS: 4136 N MIAMI AV FUTURE LAND USE MAP NW 1ST AVE NW 45TH ST u 0 J NW 44TH ST Duplex - Residential NW 42ND ST Single Family Residential NW 39TH ST 0 150 300 600 Feet I i I i I NE 45TH ST NE 44TH ST NE 43 RD ST NE 42ND ST ADDRESS: 4136 N MIAMI AV FUTURE LAND USE MAP — PROPOSED NW 1ST AVE NW 45TH ST u 0 J NW 44TH ST Duplex - Residential NW 42ND ST Single Family Residential NW 39TH ST 0 150 300 600 Feet NE 45TH ST NE 44TH ST NE 43RD ST NE 42ND ST ADDRESS: 4136 N MIAMI AV 0 150 300 600 Feet ADDRESS: 4136 N MIAMI AV n.+• tKr.rt Superintendent of Schools Alberto M. Carvalho February 23, 2012 VIA ELECTRONIC MAIL. Javier F. Avino, Esquire c/o One Fountainhead Center LLC Greenberg Traurig LLP 333 Avenue of the Americas, Suite 4400 Miami, FL 33131 giving our students the world RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS ONE FOUNTAINHEAD CENTER LLC (LG No. 12-00831u/zc) LOCATED AT 4136 N. MIAMI AVENUE PH0112022200072 — Folio No. 0131240201040 Dear Applicant: Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Carlos L, Curbelo Renier Diaz de la Portilla Dr. Wilbert "Tee" Holloway Dr. Martin Karp Dr. Marta Perez Raquel A. Regalado Pursuant to State Statutes and the Interlace! Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 31 multifamily units, which generates 6 students; 3 elementary, 1 middle and 2 senior high students. At this time, schools have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305-995-4501. Sincer h M. Rodriguez, R.A. Director I IMR:mo L415 Enclosure cc: Ms. Ana Rijo-Conde, AICP City of Miami Ms. Vivian G. Villaam I School -Concurrency -Master -File Facilities Planning, Design and Sustainability Ana Rijo-Conde, AICP, Eco-Sustainability Officer• 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285. 305-995-4760 (FAX) • arijo@dadeschools.net Application Details Cadcurrenty Management System (CMS) v..• ...• .: xvMri.�.�Avv.:r'..:ca.:.u.n^.s,cr. r:,,.yf•�xv.kr:. •.. rv..x .•ixn:l:v�.z.:ry.n,.•y�rg;.r..•,•�..�v>T......•vogt:FM Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH0112022200072 Local Government (LG): Miami Date Application Received: 2/22/2012 10:50:00 AM LG Application Number: 12-00083Iu/zc Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: One Fountainhead Center LLC Address/Location: 4141 North Miami Avenue, Miami, FL 33137 Master Folio Number: 0131240201040 Additional Folio Number(s): PROPOSED # OF UNITS 31 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 31 CONCURRENCY SERVICE AREA SCHOOLS CSA Faciirty Nalme ry�r Available eaLSource Id Capacity Ftec uired Taken Met 'type IENEIDA MASSAS HARTNER 2351 ELEMENTARY ii 60 3 3 YES Current CSA 6481 MIAMI EDISON MIDDLE 1514 i1 1 !YES Cur Current 7791 I BOGH ER T WASHINGTON SENIOR ADJACENT 889 12 SERVICE AREA SCHOOLS 2 YES Current CA *An Impact reduction of 17.64% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL.—_- 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net (: ,.�., •• ``© ,,;,,,, `j • , City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * One Fountainhead Center LLC Application Phone * (305) 573-4442 Application Email * rgb@rgbgroup.com Application Address * 413 6 N. Miami Avenue, Miami, Fl Contact Fields Information Contact Name * Javier F. Avino, Esq. Contact Phone * 305-57-0703 Contact Email * avinoj@gtlaw.com 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 * 01-3124-020-1040 Additional Folio Number Total Acreage * .21 Proposed Land Use/Zoning * Land Use/Zoning Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * 31 Total # of Units * 31 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local govemmenl. 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 * Javier F. Avino, Esq. Owner(s)/Attorney/Applicant Name /Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 /2— by Javier F. Avino, Esq. 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) MARI L R C'IGUEZ Notary Public • State of Florida My Comm. Expires Sep 27, 2014 Commission # EE 30092 ' nnnr Miami Planning, Zoning and Appeals Board File ID 12-00083Iu Resolution: PZAB-R-12-010 April 04, 2012 Item PZAB.2 Mr. Juvenal Pitia offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING DENIAL TO THE MIAMI CITY COMMISSION, 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 4136 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. Patrick Goggins, the motion passed and was adopted by a vote of 7-1: Mr. Sergio Cruz Yes Mr. Charles A. Garavaglia Absent Mr. Patrick Goggins Yes Ms. Maria Beatriz Gutierrez Absent Mr. Lazaro Lopez No Mr. Ernest Martin Yes Mr. Daniel Milian Yes Mr. Juvenal Pina Yes Mr. Oscar Rodriguez Absent Ms. Janice Tarbert Yes Mr. David H. Young Yes Franci"`o Garcia, Director Planning end Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executedexthe foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS JJDAY OF 20012. .CJ/`CJ Print Notary Name ' Public State- of Florida . -rtvjill� Personally know (or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Nota My Commission Expires: VANESSATRUJILLO MY COMMISSION # EE 105250 •�:? EXPIRES: July 11, 2015 • ;Pf $,, Bonded Thru Notary Public Undenniters