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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoANALYSIS FOR Future Land Use Map Change PROJECT ADDRESS: 2990 SW 36 Court FILE ID: 15-000651u APPLICANT: Gilberto Pastoriza, Esquire, on behalf of the owner, Deel Realty LLC. COMMISSION DISTRICT: 2 — Commissioner Mark Sarnoff NET OFFICE: Coral Way LAND USE DESIGNATION: Duplex Residential REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of one (1) property from "Duplex Residential" to "Low Density Restricted Commercial". A complete legal description of the properties 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." Areas designated as "Duplex Residential" allow 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 be will 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 the 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). Areas designated as "Low Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Low 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. 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 nonresidentiaI 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 one (1) parcel comprising approximately 0.17 acres. The parcel is located near the main thoroughfare of Bird Road and is located on SW 36 Court. The subject parcel is designated "Duplex Residential" and the abutting properties are D1-Light Industrial, T3- O-Duplex Residential and T4-L-Low Density Restricted Commercial. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Property: Duplex Residential Maximum of 18 D.U. per acre Surrounding Properties NORTH: Duplex Residential Maximum of 18 D.U. per acre SOUTH: Light Industrial Maximum of 36 D.U. per acre EAST: Light Industrial ZONING Subject Property: T3-O; Sub -Urban Zone - Open T3-O; Sub -Urban Transect Zone - Open D1; Workplace District Transect Zone D1; Workplace District Transect Zone File ID. 15-00065LU Page 2 of 4 Maximum of 36 D.U. per acre WEST: Low -Density Restricted Commercial T4-L; General Urban Transect Zone Maximum of 36 D.U. per acre Limited ANALYSIS • The existing character and density of the site and surrounding area are currently consistent with the Low Density Restricted Commercial section of the corridor and the abutting Duplex Residential areas. The proposed expansion of the T4-L Zone (Low Density Restricted Commercial) is limited to approximately 7,405 square feet (or 0.17 acres) and does not appear to pose or create a foreseeable hardship to the area. • The MCNP Interpretation of the 2020 Future Land Use Map section indicates that the "Low Density Restricted Commercial" future land use designation allows residential uses to a Maximum of dwelling units per acre. This proposed designation would allow the subject property to blend in with the abutting D1 (Light Industrial) and T4-L (Low Density Restricted Commercial)-transect zones, thereby -maintaining -a- similarcharacter and purpose for the neighborhood and to include the commercial properties along Bird Road. The proposed change to the Future Land Use Map is consistent with the surrounding land use designations. The change is a logical land use change as it pertains to the surrounding land uses. • A land use change at this location would not set a negative precedent and/or create a "domino effect" in regards to future land use change applications throughout this 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; (5) promotes the efficient use of land and minimizes land use conflicts; and (6) protects and conserves the city's significant natural and coastal resources. A change to "Low Density Restricted Commercial" is a logical conversion and would not change the character of this corridor and/or impact the quality of life for duplex residential neighborhood. • Land Use Policy LU-1.1.3 provides for the protection of all areas of the city from (I) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities. The proposed change is not out of scale with regard to density and height as it pertains to the abutting duplex residential neighborhood. • MCNP Housing Policy HO-1.1.7, states the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. The proposed change is not out of scale with regard to density and height as it pertains to the duplex residential neighborhood. File ID. 15-00065LU Page 3 of 4 • The 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 Improvement Element. See concurrency analysis. • The analysis is NOT based an a proposed project. The highest potential use is being considered. • The approved Miami 21 zoning designation on this parcel is T3-O — "Sub -Urban Zone" while the proposed designation is T4-L — "General Urban Zone." RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends approval of the proposed rezoning as presented. Christopher Brimo, AICP Chief of Land Development E. Nunez & M. Fernandez File ID. 15-00065LU Page 4 of 4 FUTURE LAND USE MAP (PROPOSED) PEACOCK•AVE OUGLAS TATION 0 150 300 SW29THST Duplex -- Residential Light Industrial BIRD RD 600 Feet SW SHIPPING AVE L - ADDRESS: 2990 SW 36 CT FUTURE LAND USE MAP (EXISTING) SW 29TH_ST 0 —Duplex--- -Residential c=1 Light Industrial BIRD RD 0 150 300 600 Feet I i I I General I mei Commercialu, SW SHIPPING AVER ADDRESS: 2990 SW 36 CT f C) N CI SW:SHIPPING AVE � ` o E �r , Digitaltlobea e eoE i cubed. E-rart,h• • r ooraphies. CNE-/G• a gAE7X. 1t1/ Getmapprii gAerogrid. %i �',_ aCfiu�fnnl by 0 150 300 600 Feet I i I I U'DAUSGS I e P, swiisstopo. ADDRESS: 2990 SW 36 CT Pro pose] Nt 15-000651u Date: 03/24/2015 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN ATRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant De el Realty LLC, Gllber Pa storiza Address; 2990 SW 36 COURT Boundary Streets; North: SW 29 ST South: Bird Road Proposed Change: From: Duplex Re To: Low Density Restricted Corn merclal Residential 0.1700 acres @ 18 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other 0.1700 acres @ 36 DU/acre Other Peak Hour Person -Trip Generetion, Other Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin FLR Bird Road East: SW 36 CT West: SW 37 Ave. 3 DU's 2 0 sq.ft. 6 DU's 5 0 sq.ft. 0 8 3 2 Coral Way 310 S2 208 RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acre Excess Capacity Before Change Excess Capacity After Change 8 0,01 182.80 182.79 OK POTABLE WATER TRANSMISSION 8 1,762 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change 8 1,455 See Note 1. See Note 1. WASA Permit Required STORM SEWER CAPACITY Exfiltratlon System After Change On site On-slte 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 Int proven! ants Objective CI-1.2 Ce,ital I, pros,. a.m Policy 1.2.3 a - g SOLID WASTE COLLECTION Concurrency Checkoff 8 10 800 790 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 8 2 B B OK NOTES: Permit for sanitary sewer connection must be issued by Miami -Dade Water and Sewer Authority Department (WASA) Excess capacity, if any, is currently not known. Duplex Residential: Allows residential structures allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre. "Low Density Restricted Commercial" allows residential uses (except rescue missions) to a maximum density equivalent to "Low 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. This designation allows 36 dwelling units per acre. 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 Miami -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. Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-015 File ID 15-00065Iu April 15, 2015 Item PZAB.3 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL 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 FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2990 SOUTHWEST 36TH COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED, FROM "DUPLEX 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 Mr. David Young the motion passed and was adopted by a vote of 7 - 0: Ms. Jennifer Ocana Barnes Absent Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Absent Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Absent Mr. Daniel Milian Yes Mr. Juvenal Pina Absent Ms. Melody L. Torrens Yes Mr. Manuel J Vadillo Absent Mr. David H. Young Yes 6eFr ci .ed'Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) `l n)/ 6- Executio Dat 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. 1 E SWORN AND SUBSCRIBED BEFORE ME THIS I DAY OF l_A �� i 2015. yC - SSG -Trui 1 10 Print Notary Name Personally know ,--s<, or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath 'SC Notary Public State of Florida My Commission Expires: , Y P B% VANESSATFRUJILLO t; is •; , MY COMMISSION # EE 105250 EXPIRES: July 11, 2015 4,,a0 Bonded Thru Notary Public Underwriters EXHIBIT "A" Address: 2990 SW 36 Court, Miami, FL Folio No 01-4116-019-0800 Legal: Lot 8, Block 13, Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida