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Home My WebLink AboutAnalysis, Maps, & PZAB ResoANALYSIS FOR Future Land Use Map Change PROJECT ADDRESSES: 460, 500, 520 NE 82 Terrace, and 505, 439, 437, 433, 421 NE 82 Street FILE ID: 15-009651u APPLICANT: Ben Fernandez, Esq., on behalf of 82nd Apartments LLP COMMISSION DISTRICT: District 5 NET OFFICE: Upper Eastside LAND USE DESIGNATION: Medium Density Multi -Family Residential REQUEST The subject proposal is for a change to the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan designation from "Medium Density Multi -Family Residential" to "Restricted Commercial" of real property located at approximately 460, 500, 520 NE 82 Terrace, and 505, 439, 437, 433, 421 NE 82 Street, Miami, Florida (a complete legal description of the property 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 Multi -Family Residential" allow residential structures to have a maximum density of 65 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 community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community - based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within medium density multi -family areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory post -secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites that have been designated by the Historical and Environmental Preservation Board and are suitable locations within medium density multi -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). 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. DISCUSSION The subject area consists of eight parcels, approximately 2.2711± acres or 98,932± square feet. The subject area is generally bounded by NE 83rd Terrace to the north, Biscayne Boulevard to the east, NE 4th Place to the west, and NE 82"d Street to the south. The subject area consists of duplex and multi- family residential units. The subject properties are in the vicinity of Biscayne Boulevard, an arterial road. The proposal would enable the property owner(s) to redevelop the site for retail, residential and office uses under the Restricted Commercial designation. The Restricted Commercial designation would allow a maximum of 340 dwelling units on the subject site. The applicant has proposed a restrictive covenant consisting of the following: 1. The property shall be developed consistent with the design intent of the plans entitled "Wave of Shorecrest 82" Street Master Plan" dated July 15, 2015. 2. The Owners shall not increase the proposed floor area, as described in the Plan, by pursuing a "Public Benefits" bonus under Miami 21. 3. The Property shall be developed with a maximum of 232 dwelling units. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION ZONING Subject Property: Medium Density Multi -Family Residential Maximum of 65 D.U. per acre Subject Property: T5-R (Urban Center -Restricted) 15-009651u Page 2 of 4 Surroundinq Properties NORTH: Medium Density Multi -Family Residential T5-R (Urban Center -Restricted) Maximum of 65 D.U. per acre SOUTH: Restricted Commercial T6-8-O (Urban Core -Open) Maximum of 150 D.U. per acre EAST: Medium Density Multi -Family Residential T5-R (Urban Center -Restricted) Maximum of 65 D.U. per acre WEST: Medium Density Multi -Family Residential T5-R (Urban Center -Restricted) Maximum of 65 D.U. per acre ANALYSIS Criteria 1 Land Use Policy LU-1.1.3: Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations. Analysis The proposed amendment would increase density from 65 dwelling units per acre to 150 dwelling units per acre, thereby increasing the intensity of commercial use in an area mostly characterized by one-story and two-story residential dwellings. The proposed "Restricted Commercial" designation would not act as a buffer between the "Medium Density Multi -Family Residential" (65 D.U./acre) neighborhood and the "Restricted Commercial" (150 D.U./acre). Finding Staff finds the request not consistent with Policy LU-1.1.3 Criteria 2 Land Use Policies 2.2.1 and LU-2.2.2: The City will pursue the designation of significant archaeological zones under the Historic Preservation Article of the City Code; The City will continue to cooperate with the Miami -Dade County Archaeologist in monitoring building activities near archaeological sites. Analysis Two of the properties in the proposed application, 460 NE 82 Terrace and 421 NE 82 Street, are located within a moderate probability archaeological zone. Pursuant to the City's Historic Preservation section, all ground disturbing work within an Archeological Conservation Area, including this site which is designated Moderate Probability area, will require issuance of a Certificate to Dig. Such certificates are issued by the Preservation Office and require a Letter of Intent from an archeologist who will monitor this work. Among the goals of Coastal Management of the MCNP is to preserve and protect the heritage of the City of Miami through identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic, architectural and archaeological resources. Finding Staff finds the request not consistent with Policies LU-2.2.1 and 2.2.2 Criteria 3 Land Use Policy 1.1.11: Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. 15-009651u Page 3 of 4 Analysis The subject area currently contains multiple duplex and multi -family structures that directly abut with the T6-8-O transect zone, "Restricted Commercial" to the south. Rezoning the existing to commercial would create disparate pockets of commercial uses in a mostly residential area. Finding Staff finds the request not consistent with Policy LU-1.1.11 Criteria 4 Policy LU-1.6.9: The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements. Analysis Currently, the "Medium Density Multi -Family Residential" neighborhood surrounds the area and is across from the "Restricted Commercial" corridor. The proposed amendment will create an inappropriate transition between Future Land Use designations and densities. Finding Staff finds the proposed amendment not consistent with Policy LU-1.6.9 • A preliminary review of transportation circulation indicates a potential problem. The proposed change will not mitigate this concern. • The existing Miami 21 zoning designation on the subject parcels is T5-R — "Urban Center Zone", Restricted while the proposed designation is T6-8-O "Urban Core". RECOMMENDATION Based on the aforementioned findings, the Planning & Zoning Department is recommending DENIAL of this Future Land Use amendment, as presented. These findings support the position that the Future Land Use Map at the subject locations and for this neighborhood should not be changed to the proposed designation change from "Medium Density Multi - Family Residential" to "Restricted Commercial". Christopher Brimo, AICP Chief of Land Development M. Fernandez September 2, 2015 15-009651u Page 4 of 4 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal Nc 15-009651u IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 09/16/2015 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez, Esq. on behalf of 82nd Apts LP, 505 NE 82 St LLC, 520 NE 82 TERR LLC, 439 NE 82 ST LLC, and 421 82 ST, LLC Address: 460 NE 82 Terrace, 500 NE 82 Terrace, 520 NE 82 Terr, 505 NE 82 Boundary Streets: North: NE 82 Te East: Biscayne BLVD South: NE 82 St West: NE 4 PL Proposed Change: From: Medium Density Multifamily Residential To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 2.2711 acres @ 65 DU/acre 148 DU's Peak Hour Person -Trip Generation, Residential 96 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designal Restricted Commercial Residential 2.2711 acres @ 150 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips 341 DU's 181 0 sq.ft. 0 496 193 85 Planning District Upper Eastside County Wastewater Collection Zone 109 Drainage Subcatchment Basin D1 Solid Waste Collection Route 101 Transportation Corridor Name Biscayne Blvd S RECREATION AND OPEN SPACE Population Increment, Residents T, 43 Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 496 0,64 182.80 182.16 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 496 111,131 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents 496 Transmission Requirement, gpd 91,783 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 496 635 800 165 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 496 85 F F 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. Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum density of 65 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. Restricted Commercial: 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, whichinclude: 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. 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. 0 ■ • • • • • • FUTURE LAND USE MAP (EXISTING) J a v w z z NE'83RD LN1 NI Imo .1-mianallat..4111NE 83RD STI•o•nlG Medium•Density (4 Multifamily Residelntiall NE'82ND TER a Medium Density z Multifamily Residential NE 82ND ST NE 82ND ST TER ommercial a x wE I 150 300 600 Feet w z i i 1 i l ADDRESS: 460, 500, 520, 530, 538, 540 NE 82 TER, 505, 439, 433, 437 & 421 NE 82 ST FUTURE LAND USE MAP (PROPOSED) ,(Z1 Ifs Medium Density AL; (4 Multifamily Residelntial —NE'82ND TER Restricted w NE 82ND ST NE 82ND ST Commercial TER ommercial a x w 0 150 300 Restricted Commercial NE 81ST ST w 600 Feet NE83RD LN N IMO co w z i 1 S i l ADDRESS: 460, 500, 520, 530, 538, 540 NE 82 TER, 505, 439, 433, 437 & 421 NE 82 ST '4WN '4'W I. w. (- +' VX:104, i 04 ,a ! i, I4 _ l fir 1.1 417 3 J = ..t a 2 er Z &II■II■II■IIIIII■IIliII■II■IIUIL■ NE 83RD ST- -;NE82NDTER pi,, ,- oh iv... ,o he noraf NE8OTHST;.-` bey GeoEye, i-cub2d, Eathsitar ' 1 bus DS, 'USDA,USGS o IGN, IGP, swisstopo, and the GI, 0 150 300 600 Feet ADDRESS: 460, 500, 520, 530, 538, 540 NE 82 TER, 505, 439, 433, 437 & 421 NE 82 ST Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-057 File ID 15-00965Iu September 16, 2015 Item PZAB.1 Mr. Daniel Milian offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI 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 460, 500, 520, 530, 538, AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439, AND 505 NORTHEAST 82ND STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY 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 Ms. Maria Beatriz Gutierrez, the motion passed and was adopted by a vote of 5-3: Ms. Jennifer Ocana Barnes Absent Mr. Chris Collins No Ms. Maria Lievano-Cruz Absent Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson No Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Absent Mr. Daniel Milian Yes Mr. Juvenal Pina Absent Ms. Melody L. Torrens No Mr. Manuel J. Vadillo Yes Mr. David H. Young Yes Fr ncisco arcia, Director Pla nin and Zoning Department _ STATE OF FLORIDA_ _ ) COUNTY OF MIAMI-DADE ) /J/ ) Execution Da 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 egoinng�Res�'olu�tion. ( SWORN AND SUBSCRIBED BEFORE ME THIS I DAY OF ./ l%! Vim!_2015. Vacta,ra - Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath 444 Notary Public State of Florida My Commission Expires: ,: +rPh VANESSATRUJII.LO MY COMMISSION # FF 229944 .�.,; EXPIRES; July 11, 2019 •ftf,„ 4 s Bonded Thru Notary Pubff Underwriters