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HomeMy WebLinkAboutAnalysis, Maps, Sch. Brd. Conc. & PZAB ResoANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 5445 Biscayne Boulevard File ID 13-008661u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of a portion of property from "Single Family Residential" to "Low Density 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 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Single Family Residential" future land use category allows 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 facilities (6 clients or less, not including drug, alcohol or correctional rehabilitation facilities also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within single family residential areas. 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 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 "Low Density Restricted Commercial" future 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. DISCUSSION The subject area consists of approximately the eastern third of one parcel comprising 0.16 acres. The parcel is located on a block that is bounded by NE 5th Avenue to the east, NE 53rd Street to the south, Biscayne Boulevard to the west, and NE 55th Street to the north. Presently the site and the areas surrounding it to the north, northeast, east, and southeast are designated "Single Family Residential". The areas to the west, northwest, and south along the Biscayne Boulevard corridor are designated "Restricted Commercial", The site and the residential areas to the east and northeast are in the "Morningside" Historic District. The subject site is in the UPPER EASTSIDE NET Service Center Area. ANALYSIS The Planning Department is recommending "DENIAL" of the amendment as presented based on the following findings: • The subject site is located within a residential historic district. • The subject site is located inside of the roadway barrier delineating the boundary of the historic district. This barrier is the logical divide between the commercial areas along Biscayne Boulevard and the historic residential neighborhood. • 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. In addition it allows for an encroachment of commercial uses into a residential area, which is the "Morningside" Historic District. • 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, northeast, east, and southeast by a Single Family Residential area, the density, intensity, and uses allowed by the Low Density Restricted Commercial category will be out of scale and character with the surrounding residential historic neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Single Family Residential" future land use category allows residential structures up to a maximum of 9 dwelling units per acre. The requested "Low Density Restricted Commercial" designation allows density equivalent to "Low Density Multifamily Residential" or 36 dwelling units per acre. There is an increase in potential density that would be out of scale with the surrounding residential areas. • 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. The commercial uses permitted by the "Low Density Restricted Commercial" category are incompatible within a single family residential neighborhood. • 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. See attached concurrency analysis. • 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 T3-R — "Sub -Urban - Restricted" Transect Zone. The proposed designation is T4-O _ "General Urban — Open". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. Proposal No 13-008661u Date: 09/18/2013 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 Ruben Matz, Chocron, LLC; S & R Investments LLC & Isaac Matz Address: 5445 Biscayne Blvd Boundary Streets: North: NE 55 ST East: NE 5 AV South: NE 53 ST West: Biscayne Blvd Proposed Change: From: Single Family Residential To: Low Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.1600 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 0.1600 acres © 36 DU/acre 6 DU's Peak Hour Person -Trip Generation, Residential 4 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 11 Dwelling Units 4 Peak Hour Person -Trips 2 Planning District Upper Eastside County Wastewater Collection Zone 308 Drainage Subcatchment Basin C3 Solid Waste Collection Route 103 Transportation Corridor Name Biscayne Blvd RECREATION AND OPEN SPACE Population Increment, Residents 11 Park Within 10 Minute Barrier -Free Walk Yes % Population Outside of Barrier Free Walk A N/A Excess Capacity After Change N/A Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 11 Transmission Requirement, gpd 1,721 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASD Permit Required SANITARY SEWER TRANSMISSION Population Increment, Residents 11 Transmission Requirement, gpd 1,565 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASD 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 11 Solid Waste Generation, tons/year 14 Excess Capacity Before Change 800 Excess Capacity After Change 786 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 11 Peak -Hour Person -Trip Generation 2 Concurrency Checkoff OK NOTES 1. Permit for sanitary sewer connection must be issued by Miami -Dade Water and Sewer Authority Department. (WASD) Excess capacity, if any, Is currently not known Low Density Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density ASSUMPTIONS AND COMMENTS Population increment is assumed to be at 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 assumedto 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. equivalent to "Low Density Multifamily Residential" sublect 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, 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 workshlp, and primary and secondary schools. .This category also Includes commercial marinas and living quarters on vessels as permissible. Allow max helgh 4 stories (heightup to 25 ftfor the ground floor and up to 14ft for each additional floor CAA 1 IM r1 /1'fan FUTURE LAND USE MAP (EXISTING) NE 57TH ST Residential H ST Restricted C t rci'al NE 55TH ST 0 Q F— w z NE 54TH ST Medium Density Multifamily Residential 150 300 i m■ NtH E 56TH ST Arif____ MiMo NE 55TH TER Single Family - Residential Morningside NE 52ND ST 600 Feet 111 i i i r ADDRESS:5445 BISCAYNE BLVD FUTURE LAND USE MAP (PROPOSED) NE 57TH ST General Commercial Residential H ST NE 55TH TER Medium Density Restricted Cow ciaal NE 55TH ST 2 w z NE 54TH ST Medium Density Multifamily Residential 0 150 300 .„Aipin NE 56TH ST jpii______ _ ' MiMo ce NE 55TH TER Single Family- Residential Morningside NE 55TH ST Low D Restricted Commercial ensity NE 53RD ST NE 52ND TER NE 52ND ST 600 Feet 111 i i r ADDRESS:5445 BISCAYNE BLVD NE56THST NE 55TH TER NE 52ND ST , to NE 56TH ST # r4k Morningside NE 53RD ST ..: it % ,r1( - - -- -.1•- r. \ . ....J .-.02 • at44;_- liak a 01610 11.21Edglkiga.k -inmAig 8V111.,..', 0209t) ,g91.-S,P 6 2)1ValgrAgfi CA§ I Adria. Ail r 11 !OW „ 1111 _ 0 150 300 600 Feet ADDRESS:5445 BISCAYNE BLVD Superintendent of Schools Alberto M. Carvalho August 26, 2013 VIA ELECTRONIC MAIL Ben Fernandez, Esquire Bercow Radell & Fernandez, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 BFernandez(c�r BRZoningLaw.com Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross-Mindingall Susie V. Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert "Tee" Holloway Dr. Marta Perez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS RUBEN MATZ & CHOCRON LLC/S & R INVEST LLC & ISAAC- 13-008661u LOCATED AT 5445 BISCAYNE BLVD PH0113080100770 - FOLIO No.: 0132180280500 Dear Applicant: 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). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 51 multi -family units, which generate 9 students; 5 elementary, 2 middle and 2 senior high students. At this time, all 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 contact me at 305-995-4501. Sincer Ipan . Rodrig Director I IMR:ir L-134 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, Deputy Chief Facilities and Eco-Sustainability Officer 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285. 305-995-4760 (FAX) • arijo@dadeschools.net Canturrentyr Management System (CMS) Miami Dade County Public Schools Miami -Dade County Public Schools 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: Concurrency Management System Preliminary Concurrency Analysis PH0113080100770 8/1/2013 5:10:25 PM Public Hearing Local Government (LG): LG Application Number: Sub Type: RUBEN MATZ & CHOCRON LLC/S & R INVEST LLC & ISAAC 200 S. Biscayne Boulevard #850, Miami, FL 33131 0132180280500 5 0 0 5 Miami 13-008661 u Land Use CONCURRENCY SERVICE AREA SCHOOLS CSA Id Facility Name Net Available Capacity Seats Required Seats Taken LOS Met Source Type 3501 MORNINGSIDE K-8 ACADEMY (ELEM COMP) 200 1 1 YES Current CSA 3502 MORNINGSIDE K-8 ACADEMY (MID 12 COMP) 7301 IMIAMI EDISON SENIOR 1 1 YES Current CSA 658 1 1 YES Current CSA ADJACENT SERVICE AREA SCHOOLS I*An Impact reduction of 19.5% 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 City a f Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant. Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com Application Address * 200 S. Biscayne Blvd. 4 850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GD(3aaci_minm 11_its Local Govt. App. Number (oFFtcIAL USE ONLY) Property Fields Information Master Folio Number * 01-3218-028-0500 Additional Folio Number Total Acreage * ±0. I6 acres Proposed Land Use/Zoning * Land Use/Zoning Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 0 Total # of Units * 0 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 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 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 * %A li Owner(s)/Attorney/Appl icant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 20 ��I ore omg owiedged ore me this , by was n who is a(n) individual/partner/agent/corporation of individual/partnership/corporation. He/She is personally known to me or who has as identification and who did (did not) take an oath. 0lvner(s)/Attorney/Applicant Sign ttit (Starr PETTY LLEHENA MY COMMISSION # DD Y6O413 Minh 5,2014 + i , Bonded Thni Notary Public Underwdteru day o .. a(Fterii7/1 Ct4,1,Ce L/ roducecl !'t !! Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-13-039 File ID 13-O08661u September 18, 2013 Item PZAB.8 Ms. Jennifer Ocana Barnes 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 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED 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 7-3' Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Absent Ms. Maria Beatriz Gutierrez No Mr. Ernest Martin Yes Mr. Daniel Milian No Mr. Juvenal Pina No Ms. Janice Tarbert Yes Ms. Melody L. Torrens Absent Mr. David H. Young Yes Francisco G : rcia, Director Planning and 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 executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS efIDAY OF VG- -- 2013. ‘(CYSsc YTruj ' lb Print Notary Name Notary Public State of Florida Personally know '- or Produced 1.0 Type and number of I.O. produced Did take an oath or Did not take an oath0( My Commission Expires: VANESSA TAWIll4 MY COMMISSION 4 EE T05250 EXIPIFIES: July t t „2015 9mnded 1hru Notary Publk Underwrders