HomeMy WebLinkAboutAnalysis, Maps, PZAB ResoANALYSIS FOR FUTURE LAND USE CHANGE REQUEST
Approximately 460, 440, 408, and 400 NW 36 Court; and
427 NW 37th Avenue
File ID: 13-005731u
REQUEST
The proposal is for a change to the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan designation of certain properties from "Duplex Residential" to
"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 "Duplex Residential" future land use designation allows residential structures of up
to two dwelling units each to a maximum density of 18 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.
Community based residential facilities (14 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 duplex 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 duplex 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" future land use designation allows residential uses
(except rescue missions) to a maximum density equivalent to "High Density Multifamily
Residential" (150 dwelling units per acre in the subject area) 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 that adequate services and amenities exist in the adjacent
area to accommodate the needs of potential residents; 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 "Restricted
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
"Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of
17.0 times the net lot area of the subject property. Properties designated as "Restricted
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.
Nonresidential floor area is the floor area that supports nonresidential uses within the
inside perimeter of the outside walls of the building including hallways, stairs, closets,
thickness of walls, columns and other features, and parking and loading areas, and
excluding only open air corridors, porches, balconies and roof areas.
DISCUSSION
The subject area consists of five parcels comprising approximately 1.39 acres. The
parcels are located on the eastern edge of two blocks that are bounded by NW 5th Street
to the north, NW 36th Court to the east, NW 4th Street to the South, and NW 37th Avenue
to the east. The two blocks are bisected by NW 4th Terrace.
The subject area and the areas to the north, east, and south are designated "Duplex
Residential". The areas to the east along the NW 37th Avenue commercial corridor are
designated "Restricted Commercial".
The subject site is in the FLAGAMI/WEST FLAGLER NET Service Center Area.
ANALYSIS
The Planning & Zoning Department is recommending DENIAL of the amendment
as presented. The Planning & Zoning Department recommends that the subject
area be designated "Low Density Restricted Commercial" based on the following
findings:
• The Planning & Zoning Department recommends that the subject area be designated
"Low Density Restricted Commercial" which provides for an appropriate transition
between high density commercial corridors and low scale residential neighborhoods.
• 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. The proposed change would represent an
intrusion of high -density and intensity uses into a low -scale duplex residential
neighborhood. The "Low Density Restricted Commercial" designation would provide
for an appropriate scale of development between the commercial corridor along NW
37th Avenue and the residential neighborhood.
• The MCNP Interpretation of the 2020 Future Land Use Map indicates that the
"Duplex Residential" future land use category allows residential structures up to a
maximum density of 18 dwelling units per acre. The requested "Restricted
Commercial" designation allows density equivalent to "High Density Multifamily
Residential" which is 150 dwelling units per acre. This represents a potential
increase of 184 dwelling units for the site. The "Low Density Restricted Commercial"
category would represent a smaller potential increase of 25 dwelling units for the
site.
• MCNP Policy LU-1.3.15, states that 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 proposed change will allow for the
addition of commercial uses which may serve the surrounding residential
neighborhoods, however at a scale that is excessive for the surrounding
neighborhood.
• MCNP Policy LU-1.6.10 states that the City's land development regulations and
policies will allow for the provision of safe and convenient on -site traffic flow and
vehicle parking and will provide access by a variety of transportation modes,
including pedestrianism, bicycles, automobiles, and transit. This site is in close
proximity to four Miami -Dade County Metrobus Routes and may support some
additional density and commercial uses.
• 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.
These findings support the position that the Future Land Use Map at this location and for
this neighborhood should be changed to the proposed designation.
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal Nc 13-005731u IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 03/05/14
WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant Ines Marrero, Esq. Legal representative for West Flagler Associates, LTD,
a Florida limited liability company
Address: 400 408 440 460 NW 36 CT AND 427 NW 37 AV
North: NW 5 ST East: NW 36 CT
Boundary Streets: South: NW 4 ST West: NW 37 AV
From: Duplex Residential
Proposed Change: To: Restricted Commercial
Existing Designatio 1.3900 acres @
Residential
Peak Hour Person -Trip Genen sq.ft. @
Other
Peak Hour Person -Trip Generation, Other
Proposed Designat 1.3900 acres @
Residential
Peak Hour Person -Trip Genen sq.ft. @
Other
Peak Hour Person -Trip Generation, Other
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
18 DU/acre 25 DU's
35
FLR 0 sq.ft.
150 DU/acre 209 DU's
111
FLR 0 sq.ft.
0
472
183
75
WEST FLAGLER
315
N1
120
NW 37 AV
RECREATION AND OPEN SPACE
Population Increment, Residents
Space Requirement, acres
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
472
0.61
182.80
182.19
OK
POTABLE WATER TRANSMISSION
Population Increment, Residents
Transmission Requirement, gpd
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
472
105,626
>2% above demand
>2% above demand
OK
SANITARY SEWER TRANSMISSION
Population Increment, Residents 472
Transmission Requirement, gpd 87,236
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
472
604
800
196
OK
TRAFFIC CIRCULATION
Population Increment, Residents
Peak -Hour Person -Trip Generation
LOS Before Change
LOS After Change
Concurrency Checkoff
472
75
B
C
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.
rcesmctes l.,ommercial, Hllow resioenua uses (except rescue missions) to a maximum tensity equivalent to
"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 restdents;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 scale and land use impacts are similar in nature of
those uses described above, auditoriums, libranes, convention facilities, places of workship, and primary and
secondary schools. This category also includes commercial marinas and Irving 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 Buenavlsta 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
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.
City of Miami
Public School Concurrency
Concurrency Management System Entered Requirements
Applicant Fields
Information
Application Type
Public Hearing
Application Sub -Type
Land Use
Application Name *
West Flagler Associates, Ltd.
Application Phone *
305 789 7776
Application Email *
ines.marrero@hklaw.com
Application Address *
400 , 408,440, 460 NW 36 Ct and 427 NW 37 Ave
Contact Fields
Information
Contact Name *
Ines Marrero-Priegues
Contact Phone *
305 789 7776
Contact Email *
ines.marrero@hklaw.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 *
01-4104-023-0140;0150;0160;0161;0170
Additional Folio Number
Total Acreage *
1.39
Proposed Land Use/Zoning *
Restricted Commercial
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 tom down for redevelopment. The newly proposed development calls
for 40 total units. Local govemment shall input 20 units in the CMS (net difference between the 20 units vested less
the newly proposed 4 units).
Required Fields for Application *
Snes Marrero • Prliguts
NotI4nd 4 icnl; qht «P
Owner(s)/Attorney/Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing was acknowledged be ore me this L
20 by • L ',WVVS2 ••
who i a(n) individual/partner/agent/corporation of
individual/partnership/corporation. He/She is
as identificati
(Stamp)
Owndf(s)/Attom Applicant Signatu
SIUBY FL
z4S�r fY1'"= MY COMMISSION 1) EE 815841
+= 2017
EXPIRES: April 16,
�.►''r` Public Underwriters
"'+.F _,•�d;•• Bonded Thru Notary
day of Va •
Get'
a(n)
o me .r who has produced
ature
FUTURE LAND USE MAP (EXISTING)
Single, Family
-Residential-
1 1 1
0 150 300
NW 37TH AVE
=AEI
NW 7TH ST
NW 6TH ST
NW5TH ST
NW 4TH TER
NW 4TH ST
NW 3RD ST
U
H
CO
juLNW 2ND TER
600 Feet
1-
U
LO
■
-Duplex -
Restd i ntilal
I
�
NW 35TH AVE
ADDRESS: 460, 440, 408, 400 NW 36 CT
427 NW 37 AV
FUTURE LAND USE MAP (PROPOSED)
Light Industrial
0
Single1Family
-Residential
150
300
NW 37TH AVE
MUM
NW 7TH ST
NW 4TH TER
co
0
Cd
G
E
Q
NW 4TH ST
NW 3RD ST
NW 2ND TER
600 Feet
co
1--
U
M
z
■
Restricted
Commercial
Duplex - Residential
1_ l I
U
F—
co
M
NW 35TH AVE
ADDRESS: 460, 440, 408, 400 NW 36 CT
427 NW 37 AV
0
150
300
NW,5TH,ST
600 Feet
ADDRESS: 460, 440, 408, 400 NW 36 CT
427 NW 37 AV
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-031
File ID 13-005731u April 30, 2014 Item PZAB.6
Ms. Maria Lievano-Cruz offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL TO THE 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 PROPERTY AT
APPROXIMATELY 400, 408 & 440 NORTHWEST 36TH COURT, A PORTION OF 460
NORTHWEST 36TH COURT AND A PORTION OF 427 NORTHWEST 37TH AVENUE, MIAMI,
FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Upon being seconded by Mr. David H. Young, the motion passed and was adopted by a vote of
9-0:
Ms. Jennifer Ocana Barnes Yes
Mr. Chris Collins Yes
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Absent
Mr. Charles A. Gibson Yes
Ms. Maria Beatriz Gutierrez Yes
Mr. Ernest Martin Absent
Mr. Daniel Milian Yes
Mr. Juvenal Pina Yes
Ms. Janice Tarbert Yes
Ms. Melody L. Torrens Absent
Mr. David H. Young Yes
Fr-ticisco Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
May 7, 2014
Execution Date
Personally appeared before me, the undersigned authority, Olga Zamora 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 1 11Y DAY OF t'' , 2014.
V C1,7E><'Sc frt )
Print Notary Name
Personally know cam, or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath C
�w
Notary Public State of Florida
My Commission Expires:
""Y VANESSATRUJILLO
k: ;As. MY COMMISSION # EE 105250
vz EXPIRES: July 11, 2015
54;pc 1yd'Bonded Thru Notary Public Underwriters