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Home My WebLink AboutAnalysis, Maps & PZAB ResoANALYSIS FOR Future Land Use Map Change PROJECT ADDRESS: 3101, 3111, 3125, 3131 and 3145 West Flagler Street FILE ID: 15-000611u APPLICANT: Gilberto Pastoriza, Esquire, on behalf of the owner, Coinco Investment Company, Inc. COMMISSION DISTRICT: District 4 NET OFFICE: West Flagler LAND USE DESIGNATION: Medium Density Restricted Commercial REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of five (5) properties from "Medium Density Restricted Commercial" to "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 "Medium Density Restricted Commercial" allow 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. Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density 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 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 (5) parcels comprising approximately 1.23 acres. The parcels are located on the north side of W. Flagler St., comprising the block between NW 31 Ave. and NW 32 Ave. The subject parcels are all designated "Medium Density Restricted Commercial" and the abutting properties to the north are designated "Single Family Residential". The areas directly to the east, west, and south along the W. Flagler St. corridor are all designated "Medium Density Restricted Commercial". There are two higher density activity centers that concern this area, one to the east, around W. Flagler St. and 27th Ave., and one to the west, around W. Flagler St. and 37th Ave., Both of these areas are designated "Restricted Commercial". File Id. 15-00061 LU Page 2 of 4 EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Restricted Commercial Maximum of 65 D.U. per acre Surrounding Properties NORTH: Single -Family Residential Maximum of 9 D.U. per acre SOUTH: Commercial Restricted Maximum of 65 D.U. per acre EAST: Restricted Commercial Maximum of 65 D.U. per acre WEST: Restricted Commercial Maximum of 65 D.U. per acre ANALYSIS ZONING Subject Properties: T5-L; Urban Center Transect Zone Limited T3-R; Sub -Urban Transect Zone - Restricted T5-L; Urban Center Transect Zone Limited T5-L; Urban Center Transect Zone, Limited T5-L; Urban Center Transect Zone Limited • The existing character and density of the site and surrounding area are currently consistent with the Medium Density section of the corridor and the abutting Single Family Residential areas. • The MCNP Interpretation of the 2020 Future Land Use Map section indicates that the current future land use designation of "Medium Density Restricted Commercial" allows residential uses to a maximum density of 65 dwelling units per acre. The abutting "Single Family Residential" designation permits nine (9) dwelling units per acre. Currently there are five dwelling units on the subject properties. This proposed land use change to "Restricted Commercial" would allow for approximately 184 dwelling units, which is greater out of scale, density, and character with the established neighborhood. • The proposed change to the Future Land Use Map is not consistent with any of the surrounding land use designations. The proposed change would create an inappropriate transition between differing land uses. The change is not a logical land use change as it pertains to the surrounding land uses. • There are activity centers with the higher density "Restricted Commercial" designation to the east and west, which follow logical transitions between land uses and intensities. This change would create a higher intensity 'island" in the corridor between two already existing higher density and intensity activity centers. • 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, which borders a single family neighborhood. File Id. 15-00061 LU Page 3 of 4 • 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 "Restricted Commercial" is not a logical conversion and would change the character of this corridor and impact the quality of life for the single family residential neighborhood. • Land Use Policy LU-1.1.3 provides for the protection of all areas of the city from (1) 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 out of scale in regards to density and height as it pertains to the abutting single family 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 out of scale in regards to density and height as it pertains to the single family neighborhood. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The approved Miami 21 zoning designation on these parcels is T5-L — "Urban Center" while the proposed designation in the companion Rezoning Application is T6-8-L — "Urban Core". RECOMMENDATION Based on the aforementioned findings, the Planning Department is recommending DENIAL of the amendment as presented based on the following findings: These findings support the position that the Future Land Use Map at this location and for this neighborhood should not be changed to the proposed designation. Christopher Beimo Chief of Land Development R. Shedd File Id. 15-00061LU Page 4 of 4 FUTURE LAND USE MAP (EXISTING) NW 32ND CT co SW 1ST ST SW 32ND AVE w z N NW 1ST ST NW FLAGLER TER Single, Family - Residential W FLAGLER ST 1-- U H co w 1— M Duplex-- `" -Residential u) SW 2ND ST 0 150 300 600 Feet ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST FUTURE LAND USE MAP (PROPOSED) NW 32ND CT SW 32ND AVE NW 32ND AVE NW 2ND ST NW 1ST ST NW FLAGLER TER Single, Family - Residential W FLAGLER ST Duplex -- -Residential SW 2ND ST SW 31 ST AVE 1 ( 0 150 300 600 Feet I ' I ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST 0 150 300 600 Feet D.igiitaIGlobe *NETS/Airb etmapping • erogrid. ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST Proposal Nt15-00061 1u Date: 03/18/2015 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Address: 3101, 3111, 3125, 3131, and 3145 W Fiagier St Boundary Streets: North: NW Flagl Ea et: NW 31 Ave So the W Fiagier St West: NW 32 Ave Proposed Change: From: Medwm Density Resnrmae To, Restricted Co m m artist Existing Designation, Maximum Land Use Intensity Residential 1.2300 acres @ 65 DU/acre Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other 1.2300 acres @ 150 DU/acre Other sq.ft. @ FLR Dwelling Units Peak Hour Person -Trips Planning District Drainage Subcatchm ant Basin W Fiagier 80 DU'e 52 185 DU's 98 0 sq.ft. 0 269 105 46 315 Q1 120 RECREATION AND OPEN SPACE Population Increment, Residents Space Raquirem ant, acres Excess Capacity Before Change Excess Cape city After Change 269 0,35 182.80 182.45 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Req„irem ant, gpd Excess Capacity Before Change Excess Capacity After Change 269 60,187 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Excess Capacity After Change 269 49,708 See Note 1. See Note 1. WASA Permit Required STORM SEWER CAPACITY On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 Land Use Objective LU-1.1 Lend Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improve m ents Objective CI-1 2 Capital Improvemants Policy 1.2.3 a - g (See attach mentl) SOLID WASTE COLLECTION 269 344 800 456 OK TRAFFIC CIRCULATION Population Increment, 9 Peak-Ho„r Person -Trip LOS Before Change LOS After Change 269 46 C C OK NOTES 1 ..nitory sewer conneenan must be ,esue. e> M.... D... W....."" S.— 'Restricted Commercial" allow residential uses (except rescue missions) to a maximum density 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 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. 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. File ID 15-00061Iu Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-048 July 15, 2015 Item PZAB.1 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING DENIAL 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 PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" 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 Young, the motion passed and was adopted by a vote of 7 - 0: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Charles A. Gibson Ms. Maria Beatriz Gutierrez Dr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pina Ms. Melody L. Torrens Mr. Manuel J. Vadillo Mr. David H. Young Franc co G?rcia, Director Planni' •-A6d Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Absent Absent Yes Yes Yes Yes Absent Yes Abstain Yes Absent Yes Executio 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. Y1z... SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF.� 1 Jff'� , 2015. Van s 14 Print Notary Name Personally know 04, or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Nota of Florida Publi State My Commission Expires: ei y VANESSATRUJILLO _*_. MY COMMISSION # FP 229944 4i;` EXPIRES: July 11, 2019 11 Bonded thru Notary Put* Underwriters EXHIBIT "A" LEGAL DESCRIPTION Lots 10, 11, 12, 13, 14 15, 16, 17 and 18 (less the North 6.00 feet of said Lots 16, 17 and 18), all in Block 13 of ELDORADO HEIGHTS, according to the Plat thereof, as recorded in Plat Book 5, at Page 72, of the Public Records of Miami -Dade County, Florida. Addresses: 3101, 3111, 3125, 3131 and 3145 West Flagler Street, Miami, Florida