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HomeMy WebLinkAboutAnalyses, Maps, Sch. Conc. & PZAB ResoANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 4021 & 4033 NW 11th Street File ID 13-00080Iu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Medium 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 "Medium Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Medium Density Multifamily Residential" subject to the same limiting conditions: transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are 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. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Medium Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. The "General Commercial" future land use categories allows all activities included in the "Re- stricted Commercial" designations, as well as wholesaling and distribution activities that gener- ally 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 de- scribed above. Multifamily residential structures of a density equal to High Density Multifamily Residential 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 de- velopment regulations; however, may not exceed a total FLR of 11.0 times the net lot area of 1 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 ra- tio (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 two parcels comprising approximately 0.987 acres. This site is located on the north side of NW 11th Street between NVV 39th Court and NW 42nd Avenue/Le Jeune Road. The site and the areas to the east are designated "Medium Density Restricted Commercial"; the area to the west and north is designated "General Commercial": and the area to the south is designated "Single Family Residential. The subject site is in the FLAGAMI NET 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 uses that are incompatible with the adjacent residential neighborhood and should be limited to the Commercial Corridor. O 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 throughout this neighborhood. d 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 adjacent to a "Single Family Residential" area, the density and intensity allowed by the "General Commercial" category will be out of scale and permit development that is out of context, and uses that are incompatible with the Single family neighborhood to the south. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Medium Density Restricted Commercial" future land use category allows residential structures up to a maximum of 65 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 south. The higher density is more appropriate directly fronting NW 42nd Avenue, which is a transit corridor which is served by three (3) Miami -Dade Transit Metrobus Routes. • 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 "Medium 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 in nature, and the commercial uses permitted within the "Medium Density Restricted Commercial" category are more compatible with the surrounding neighborhood than those that are permitted within the "General Commercial" category. The "General Commercial" uses are more appropriate directly along the NW 42nd Avenue corridor, which is a well -established General Commercial corridor. • 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. • 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-L — "Urban Center" and the proposed designation is T6-8-O — "Urban Core". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. 3 Proposal Nc 13-000801u Date: 03/06/13 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 Ben Fernandez, Esq. on behalf of Sunny 42. LLC Address: 4021 NW 11 St Boundary Streets: North: SR-836 East: NW 39 CT South: NW 11 ST West: NW 42 AV Proposed Change: From: Medium Density Restricted Commercial To: General Commercial Existing Designation, Maximum Land Use Intensity Residential 0.9870 acres @ 65 DU/acre 64 DU's Peak Hour Person -Trip Generation, Residential 42 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.9870 acres @ 150 DU/acre 148 DU's Peak Hour Person -Trip Generation, Residential 78 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: 1.0291 Population 216 Dwelling Units 0.9817 84 Peak Hour Person -Trips 37 Planning District FLAGAMI County Wastewater Collection Zone 315 Drainage Subcatchment Basin N1 Solid Waste Collection Route 121 Transportation Corridor Name NW 42 AV RECREATION AND OPEN SPACE Population Increment, Residents 216 Space Requirement, acres 0.28 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.52 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 216 Transmission Requirement, gpd 48,297 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 216 Transmission Requirement, gpd 39,888 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 216 Solid Waste Generation, tons/year 276 Excess Capacity Before Change 800 Excess Capacity After Change 524 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 216 Peak -Hour Person -Trip Generation 37 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. VwAs 4) txcess capacity, it any, Is currently not Known enerai mnmeruai. ear emynmeu. Uenei wninieiuei allow WI aurvme] inuuueu in me -Restrlctea commercial designations, as well as wholesaling and distribution activities tnat generally serve me needs of other businesses; generally require on and off loading facilities, and benefit from close proximity to industrial areas. I here 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 or operation and land use impacts are similar to those uses described above. IVIultifamily residential structures or a density equal to Dign Density IVIultifamiIy Residential, are aiiowed subject to the detailed provisions or the applicable iand deveiopment regulations. I ne nonresidential portions or developments man areas designated as -General commercial allow a maximum boor lot ratio (F LR) or i.o times the net lot area or the subject property; such F LR may De increased upon compliance wan the detailed provisions or the applicable land development regulations; nowever, may not exceed a total FLR or 11.o times the net lot area or the subject property. Properties designated as "General commercial in the Liman central Business District and Buena vista Yards Regional Activity center allow a maximum poor lot ratio (tut) or 3/.0 times the net lot area or the subject property. All such uses and mixes or uses snail De subject to the detailed provisions or the applicable land development regulations ano the maintenance or required levels or service tor manes and services included in the aty's adopted concurrency management requirements. rm 1 IN r12/12/Qrl 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 (EXISTING) i 0 150 300 600 Feet ADDRESS:4021 & 4033 NW 11 ST 0 FUTURE LAND USE MAP (PROPOSED) 150 300 i i I > _Single > a a —Family_- = 4 Residential 4 z z 600 Feet ADDRESS:4021 & 4033 NW 11 ST 0 150 300 600 Feet ADDRESS:4021 & 4033 NW 11 ST Miami -Dade Count Public Schools Superintendent of Schools Alberto M. Carvalho March 12, 2013 VIA ELECTRONIC MAIL Mr. Ben Fernandez, Esquire c/o 2991 Coral Way LLC 200 South Biscayne Boulevard, #850, Miami, FL 33131 BFernandez@BRZoningLaw.com giving our students the world RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS SUNNY 42, LLC CIO ANTONIO PARDO - 13-000801u LOCATED AT 4021 NW 11 ST PH0113022700181 - FOLIO Nos. 0131320180080, 0131320180090 Dear Applicant: Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross-Mindingal! Susie V. Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert 'Tee" Holloway Dr. Marta Perez Raquel A. Regalado Pursuant to State Statutes and the Interlocal 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) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 148 multi -family attached units, which generate 30 students; 14 elementary, 8 middle and 8 senior high students. At this time, all three school levels 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 cont- t me at 305-995-4501. Sincere Ivan M. Rodriguez, R.A. Director I IMR:ir L-385 Enclosure cc: Ms. Ana Rijo-Conde, AICP Ms. Vivian G. Villaamil City of Miami 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 Miami Dade County Public Schools Miami MDCPS Application Number: Date Application Received: Type of Application: Applicant's Name: Address/Location: Master Folio Number: Additional Folio Number(s): PROPOSED # OF UNITS SINGLE-FAMILY DETACHED UNITS: SINGLE-FAMILY ATTACHED UNITS: MULTIFAMILY UNITS: -Dade County Public Concurrency Management Preliminary Concurrency Analysis PH0113022700181 Schools System Local Government LG Application Sub Type: Number: (LG): Miami 2/27/2013 12:56:33 PM 13-000801u Public Hearing c/o Antonio Pardo Land Use Sunny 42, LLC 4021 and 4033 NW 11 Street 0131320180080 0131320180090, 148 0 0 148 CONCURRENCY SERVICE AREA SCHOOLS CSA Net Available Seats Seats Facility Name te# Capacity Required Taken LOS Source Type Met 2781 KINLOCH PARK ELEMENTARY 4 14 4 NO Current CSA 2781 KINLOCH PARK ELEMENTARY 0 10 0 NO Current CSA Five Year Plan 6331 KINLOCH PARK MIDDLE 58 8 8 YES Current CSA 7071 CORAL GABLES SENIOR -520 8 0 NO Current CSA 7071 CORAL GABLES SENIOR 0 ADJACENT SERVICE 8 0 AREA SCHOOLS. NO Current CSA Five Year Plan 121 AUBURN DALE ELEMENTARY 164 10 10 YES Adjacent CSA 7341 MIAMI JACKSON SENIOR *An Impact reduction of 836 19.5% included for 8 charter and magnet 8 [YES ,Adjacent CSA schools (Schools of Choice) j 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 Miami Planning, Zoning and Appeals Board File ID 13-00080Iu Resolution: PZAB-R-13-022 April 3, 2013 Item PZAB.7 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL, 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 FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 4021 AND 4033 NORTHWEST 11TH STREET, MIAMI, FLORIDA, FROM "MEDIUM 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 Ms. Maria Lievano-Cruz, the motion passed and was adopted by a vote of 6-3: STATE OF FLORIDA COUNTY OF MIAMI-DADE Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Charles A. Gibson Ms. Maria Beatriz Gutierrez Mr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pina Ms. Janice Tarbert Ms. Melody L. Torrens Mr. David H. Young Yes No Yes Yes Yes Yes Absent No No Yes Absent Absent Francisco arcia, Director Planning an• Zoning Department 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 executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS II: DAY 2013. andya Print Notary Name i / Personally know �/ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath ,/ Notary P blic State of Florida My Commission Expires: ofidk Notary Public State of Florida Sandra Forges My Commission EE 877365 rLow Expires 02/21/2017