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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoANALYSIS FOR Future Land Use Map Change PROJECT ADDRESS: 3801 Biscayne Boulevard and 455 NE 38 Street FILE ID: 09-008631u APPLICANT: Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. COMMISSION DISTRICT: District 2 NET OFFICE: Upper Eastside FUTURE LAND USE DESIGNATION: Medium Density Multifamily Residential REQUEST The proposal is for a change to the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan designation of two (2) properties. The applicant has proposed for these properties to change from "Medium Density Multifamily Residential" to "Medium 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," 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. 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 Multifamily Residential 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 or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily 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). Medium Density Restricted Commercial: 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. DISCUSSION The applicant's assemblage consists of two (2) parcels totaling approximately 1.36 acres. The larger of the two parcels is currently split between two FLUM designations, the western half fronting Biscayne Boulevard is designated General Commercial and the eastern half of this parcel is designated Medium Density Multifamily Residential, the smaller parcel is also designated Medium Density Multifamily Residential. This FLUM amendment application only applies to the portion of these properties designated Medium Density Multifamily Residential, hereafter referred to as the "subject site". The subject site is approximately .75 acres, and located on a block bounded by Biscayne Boulevard on the west, NE 38th Street on the south, NE 5th Avenue on the east, and NE 39th Street on the north. The applicant is proposing a mixed -use, though largely residential project for the subject site. File Id. 09, 0086.3LU Page 2 of 5 EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Medium Density Multifamily Residential Maximum of 65 D.U. per acre Surrounding Properties NORTH: Medium Density Multifamily Residential Maximum of 65 D.U. per acre SOUTH: Medium Density Multifamily Residential Maximum of 65 D.U. per acre EAST: Medium Density Multifamily Residential Maximum of 65 D.U. per acre WEST: General Commercial Maximum of 150 D.U. per acre ANALYSIS ZONING Subject Properties: T4-R; General Urban Transect Zone Restricted Maximum of 36 D.U. per acre Surrounding Properties NORTH: T4-R; General Urban Transect Zone Restricted Maximum of 36 D.U. per acre SOUTH: T5-R; Urban Center Transect Zone Restricted Maximum of 65 D.U. per acre EAST: T4-R; General Urban Transect Zone Restricted Maximum of 36 D.U. per acre WEST: T6-12-L; Urban Core Transect Zone Limited Maximum of 150 D.U. per acre • The portion of the large parcel designated "General Commercial" (not a part of this application) is currently developed with a three story medical office building, the other portion of this parcel designated "Medium Density Multifamily Residential" (a part of this application) is currently developed as a surface parking lot. The other parcel that is a part of this application is entirely designated "Medium Density Multifamily Residential" and is currently developed with a two-story multifamily structure. • The MCNP "Interpretation of the 2020 Future Land Use Map" section indicates that the proposed "Medium Density Restricted Commercial" future land use designation allows residential uses to a maximum density of 65 dwelling units per acre. File Id. 09-00863LU Page 3 of 5 • Policy -LU-1-.1.1-Development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the Capital Improvements Element, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami -Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(i), F.S.The proposed future land use map designation will result in no net gain of dwelling units per acre on the subject site. As such, this application as presented satisfies all required concurrencies. • Land Use Policy LU-1.1.7 provides that land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. The proposed future land use map change will introduce limited commercial activities into an established neighborhood, along a high traffic volume road. • Land Use Policy LU-1.1.11: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami Dade County's designation of an Urban lnfill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. 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. The proposed future land use map change will facilitate the redevelopment of a surface parking lot, which represents underutilized land. Additionally, it will facilitate supportive commercial activities and residential development in close proximity to the Miami. Design District, a well -established activity center. • Land Use Policy LU-1.3.5: The City will continue to promote through its land development regulations, the creation of high intensity activity centers which may be characterized by mixed -use and specialty center development. Such activity centers will be in accordance with the Comprehensive Neighborhood Plan and neighborhood design and development standards adopted as a result of amendments to the City's land development regulations and other initiatives. The proposed future land use map change will facilitate the development of a mixed -use project with limited commercial activity in the vicinity of the Miami Design District, enhancing the character of the adjacent high intensity activity center. File Id. 09-00863LU Page 4 of 5 • Policy LU-1,3,15: 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. This future land use map change will introduce minimal new commercial uses to an area abutting a high traffic volume road. • Land Use Policy LU-1.4.3: The City will continue to promote an active pedestrian sidewalk environment along the ground floor frontage of buildings on "pedestrian streets" through. land development regulations. This future land use map amendment will facilitate the development of a mixed -use building, with ground level commercial or office space, activating the pedestrian realm of a neighborhood without any existing ground level commercial. • The proposed companion change of zoning for the subject site is from T4-R to T5-O. However, staff is recommending the zoning designation of the subject site be changed to T4-R to T5-L. This brings the zoning designation more in line with the intention of providing limited new commercial opportunities through the proposed future land use map designation. 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 future land use amendment as presented. Christopher Brimo Chief of Land Development J, Eisenberg File Id. 09-00863LU Page 5 of 5 Proposal No 09-008631u1 Date: 09/18/13 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 3801 Biscayne Ltd. & 3801 Biscayne Corp. Address: 3801 Biscayne Blvd & 455 NE 38 St Boundary Streets: North: NE 39 ST East: NE 5 AV South: NE 38 ST West: Biscayne Blvd Proposed Change: From: Medium Density Multifamily Residential To: Medium Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.7900 acres @ 65 DU/acre 51 DU's Peak Hour Person -Trip Generation, Residential 33 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.7900 acres @ 65 DU/acre 51 DU's Peak Hour Person -Trip Generation, Residential 33 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 0 Dwelling Units 0 Peak Hour Person -Trips 0 Planning District Upper Eastside County Wastewater Collection Zone 308 Drainage Subcatchment Basin E3 Solid Waste Collection Route 103 Transportation Corridor Name Biscayne Blvd RECREATION AND OPEN SPACE Population Increment, Residents 0 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 0 Transmission Requirement, gpd 0 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 0 Transmission Requirement, gpd 0 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 0 Solid Waste Generation, tons/year 0 Excess Capacity Before Change 800 Excess Capacity After Change 800 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 0 Peak -Hour Person -Trip Generation 0 LOS Before Change E LOS After Change E 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. Medium Density Resficted Commercial. Allow residential uses (except rescue missions) to a maximum density 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. equivalent to "Medium Density Multifamily Residential" 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, 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 ofworkship, and primary and secondary schools. .This category also includes commercial marinas and living quarters on vessels as permissible. Allow max heiah 7 stories (height uo to 25 ft for the around floor and uo to 14 ft for each additional floor cnn 1 IN 01/11/Q0 FUTURE LAND USE MAP (EXISTING) Major Inst, Public Facilities, Transp And 0 Single Fami y - Residential alter Flanders House NE 39TH ST J Commercial edium Density coMultifamily w U Residential Lu z NE 38TH ST I 0 Medium Density LMultifamily /-_ Residential NE'37TH ST NE 36TH'ST Edgewate 150 300 NE 37TH S JULIA TUTTLE CSWY Restricted Commercial 600 Feet NE to w z Public Parks & Recreation Restricted Commercial ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST FUTURE LAND USE MAP (PROPOSED) Major Inst, Public Facilities, Transp And 0 Single Fami y - Residential alter Flanders House NE 39TH ST Ln a \ I W Z c* ediumDensity J Commercial coRestricted � u.i U Commercial L z NE 38TH ST I Vi Medium Density ensity LMultifamily /— Residential NE'37TH ST NE 36TH'ST Edgewate 150 300 NE 37TH ST JULIA TUTTLE CSWY Restricted Commercial 600 Feet NE to w z Public Parks & Recreation Restricted Commercial ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST _ ,t�t,l�lllllll(11�I� MDDRS alter Flanders House 7ti NE 39TH,ST I vie NE 371,TH-ST p� �"'NE.37.TH,ST�" JULTA TUTTLE CSWY JILJ1111'IUI ,r 1 NE38TH.ST • - NE,36TH ST 0 150 300 600 Feet ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST City of Miami Public School Concurrency Concurrency Management System Entered Requirements PLANN1VG;' 1, Via.2 P, Applicant Fields Information Application Type Public Hearing Application Sub -Type Z Zoning Application Name * Ben Fernandez, Esq. on behalf of 3801 Biscayne Ltd. Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com Application Address * 200 S. Biscayne Blvd., Suite 850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez, Esq. 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 GI)G,ax u_,ci,iii.6lni.flis Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3219-01 1. 0 34 0 Additional Folio Number Total Acreage * ±0.207 acres Proposed Land Use/Zoning * T5 Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units Total # of Units * 14 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 * 1 A v `e.'r-ems Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner(s)/Attorney/Applicant Sig ature TIAt)toregoing was nowledged before me this 20 , by "cc-=; who is a(n) individual/partner/agent/corporation of individual/partnership/corporation, lie/She is personally known to me or who has produced as identification and who did (did„�iotQtake an oath. am li)' OEM' ' LLERENA MY CUMMI&SIUN # DD 060413 LXP* Ee: Mach 5, 2014 Deeded Thru Notary Public Underwriters 1 09 REL City of Miami Public School Concurrency Concurrency Management System Entered Regt it / 6 ? f" 2' 09 Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Ben Fernandez, Esq. on behalf of 3801 Biscayne Ltd. Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com BRZoningLaw.com Application Address * 200 S. Biscayne Blvd., Suite 850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez, Esq. 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 QI)< yt@ci..inia1J i.Ji... . Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * A, 3;,, \ t 01 f 04 ao Additional Folio Number Total Acreage * 10.586 acres Proposed Land Use/Zoning * T5 Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * Total # of Units * 39 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 * 0 ei `.'e'1 V `W1 6 Owners)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADS 0. ner(s)/Attorney/Applicant Sign, "FA foregoing s acknowledged before me this day o 20 \ 9 , by r �Fer who is a(n) individual/partner/agent/corporatio f '' r f,P.TO 'I 'yy ('.n0414..d1- individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA MY COMMI&SIQN p DO #60413 EXPIPlEi3, *tab 5,'414 • Bonded Thru Notary Public) Underwriters File ID 09-00863Iu1 Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-009 February 17, 2016 Item PZAB.1 Ms. Jennifer O. Barnes 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 AT APPROXIMATELY 3801 BISCAYNE BOULEVARD ("MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" PORTION ONLY) AND 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM 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 H. Young the motion passed and was adopted by a vote of 6-1: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Adam Gersten 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 Fracispo Garcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Yes Absent Absent Yes No Absent Absent Yes Yes Yes Absent Yes ()9-) 167)()--6i(p Execution 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 foreogoing Resolution. S1NORN AND S .BSCRIBED BEFORE ME THIS(q DAY OF 016. Print Notary Name CoVti Personally know nor Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath a Publi'"8�ta ....... ryNot tib Ic State f Honda bo,.:- s� 907468 ,rF My Contra Expires Aug 6, 2019 ••••i" Bonded through National Notary Assn, 04 iI