Planning Fact Sheet

PLANNING FACT SHEET

LEGISTAR FILE ID: 10-00183lu March 3, 2010 Item # P.1

APPLICANT Pedro G. Hernandez, City Manager on behalf of the City of Miami

REQUEST/LOCATION Consideration of amending the Miami Comprehensive Neighborhood Plan Future Land Use Map for the property located approximately at 1600 NW 3rd Avenue.

COMMISSION DISTRICT Commission District 5, Richard P. Dunn II

LEGAL DESCRIPTION See Exhibit “A” of the legislation

PETITION CONSIDERATION OF AMENDING ORDINANCE NO. 10544 OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY AMENDING THE FUTURE LAND USE MAP FOR THE PROPERTY LOCATED AT APPROXIMATELY 1600 NW 3RD AVENUE, MIAMI, FLORIDA FROM “MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES” TO “RESTRICTED COMMERCIAL”.

PLANNING RECOMMENDATION Approval

BACKGROUND AND ANALYSIS See supporting documentation

PLANNING ADVISORY BOARD VOTE:

CITY COMMISSION

CITY OF MIAMI  PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR  MIAMI, FLORIDA, 33130 PHONE (305) 416-1400

Date Printed: 2/17/2010 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST

Approximately 1600 NW 3rd Avenue

Application No. N/A File ID 10-00183lu

REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from “Major Institutional, Public Facilities, Transportation and Utilities” 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 “Major Institutional, Public Facilities, Transportation and Utilities” land use category allows facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to “High Density Multifamily Residential” or if applicable the least intense abut- ting/adjacent residential zoning district, subject to the same limiting conditions.

Areas designated as “Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated “Major Institutional, Public Facilities, Transportation and Utili- ties” in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated “Major Institutional, Public Facilities, Transportation and Utilities” in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property.

The “Restricted Commercial” land use category allows 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 Commer- cial” 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

1 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.

DISCUSSION The subject area consists of one parcel comprising approximately 7.0 acres. It is located on the north side of the block fronting the west side of NW 3rd Avenue, the south side of NW 17th Street, and the east side of NW 4th Avenue. Interstate 395 forms the southern boundary of the block. On the south side of Interstate 395 are the Urban Central Business District and the Southeast Overtown/Park West Residential Density Increase Area. The site is currently designated “Major Institutional, Public Facilities, Transportation and Utilities”. A “Restricted Commercial” Future Land Use designation is to the east and south, a “Medium Density Restricted Commercial” designation is to the north and west, “Major Institutional, Public Facilities, Transportation and Utilities” is to the west, and “Public Parks and Recreation” is to the northwest of the subject property. The subject site is in the Overtown NET area.

ANALYSIS The Planning Department is recommending APPROVAL of the amendment as presented based on the following findings:

• 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. Since the subject property is surrounded on the north and west by an established medium density residential community, the density and intensity allowed by the Restricted Commercial category will provide for an appropriate transition between the medium density neighborhoods to the west and north to Interstate 395 and the high intensity Urban Central Business District to the south.

• The property is opposite a Restricted Commercial corridor on NW 3rd Avenue. This change would allow for buildings of a similar character and for the redevelopment of the corridor.

• The MCNP Interpretation of the 2020 Future Land Use Map indicates that the “Major Institutional, Public Facilities, Transportation and Utilities” land use category allows residential structures up to a maximum of 150 dwelling units per acre. The requested “Restricted Commercial” designation allows density equivalent to “High Density Multifamily Residential” or to 150 dwelling units per acre. So there is no net change in potential residential density as a result of this change.

• MCNP Policy LU-1.3.15, states 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 change will allow for the addition of commercial uses in an area that lacks places of employment.

2 • MCNP Policy LU-1.3.5 states that 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 Restricted Commercial designation allows for mixed- use and specialty center developments that are encouraged throughout the Comprehensive Plan.

• 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 served by five Miami-Dade County Metrobus Routes and the Restricted Commercial designation allows for development to occur in a manner that will maximize the use of those routes.

• 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.

• A School Concurrency Analysis is not necessary because the potential residential density remains the same with this amendment.

These findings support the position that the Future Land Use Map at this location and for this neighborhood SHOULD be changed.

3 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT

Proposal No 10-01 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 3/3/2010 WITHIN A TRANSPORTATION CORRIDOR

AMENDMENT INFORMATION CONCURRENCY ANALYSIS

Applicant:Pedro G. Hernandez, City Manager on behalf of the City of Miami RECREATION AND OPEN SPACE Population Increment, Residents 0 Address: 1600 NW 3rd Avenue Space Requirement, acres 0.00 Boundary Streets: North: NW 17 ST East: NW 3 AV Excess Capacity Before Change 182.80 South: I-395 West: NW 4 AV Excess Capacity After Change 182.80 Proposed Change: From: Major Institutional, Public Facilities, Transp. and Utilities Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 7.0000 acres @ 150 DU/acre 1,050 DU's Population Increment, Residents 0 Peak Hour Person-Trip Generation, Residential 546 Transmission Requirement, gpd 0 Other sq.ft. @ FLR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person-Trip Generation, Other Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 7.0000 acres @ 150 DU/acre 1,050 DU's SANITARY SEWER TRANSMISSION Peak Hour Person-Trip Generation, Residential 546 Population Increment, Residents 0 Other sq.ft. @ FLR 0 sq.ft. Transmission Requirement, gpd 0 Peak Hour Person-Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASD Permit Required Population 0 Dwelling Units 0 STORM SEWER CAPACITY Peak Hour Person-Trips 0 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District OVERTOWN Concurrency Checkoff OK County Wastewater Collection Zone 308 Drainage Subcatchment Basin H1 SOLID WASTE COLLECTION Solid Waste Collection Route 114 Population Increment, Residents 0 Transportation Corridor Name I-395 Solid Waste Generation, tons/year 0 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 800 Concurrency Checkoff OK Land Use Goal LU-1 Land Use Objective LU-1.1 TRAFFIC CIRCULATION Land Use Policy 1.1.1 Population Increment, Residents 0 Capital Improvements Goal CI-1 Peak-Hour Person-Trip Generation 0 Capital Improvements Objective CI-1.2 LOS Before Change C Capital Improvements Policy 1.2.3 a - g LOS After Change C Concurrency Checkoff OK

NOTES: 1. Permit for sanitary sewer connection must be issued by Metro Dade Water and Sewer Authority ASSUMPTIONS AND COMMENTS Department (WASA). Excess capacity, if any, is currently not known. Population increment is assumed to be all new residents. Peak-period trip Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density equivalent to generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning LOS are from Table PT-2(R1), Transportation Corridors report. Director that the proposed site's proximity to other residentially zoned property makes it a logical extension Potable water and wastewater transmission capacities are in accordance with Metro-Dade County stated capacities and are assumed correct. Service or continuation of existing residential development and the adequated services and amenities exist in the connections to water and sewer mains are assumed to be of adequate size; if not, adjacent area to accommodate the needs of potential residents;transitory residential facilities such as hotel new connections are to be installed at owner's expense. and motels; general office use; clinics and laboratories; as well as commercial activities that generally serve the Recreation/Open Space acreage requirements are assumed with proposed change made. 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, libraries, convention facilities, places of workship, and primary and secondary schools. This category also includes commercial marinas and living 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 increased 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 Buenavista 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 FUTURE LAND USE MAP

Public Parks NW 19TH TER and Recreation

Major Inst, Public NW 19T H ST Facilities,

P Transp And

Medium Density W Restricted N

N W 4T H CT Commercial T

T C

N W 18TH ST T

D S N 1

N W

W Public W N

3 H Parks and R

D 5 Recreation Medium Density

A W Multifamily V

N E Residential

N W 17TH ST

Major Inst, Public

N V

Facilities, 6TH T ER A W N W 1

5 Transp And D

T N

H 2

C T W

E N

H T

4 N W 16TH ST W

N Medium Density Restricted Commercial

NW 15TH ST Restricted U Commercial NN A M ED

EF836 N W 14TH T ER 395 95 ¨¦§ ¨¦§ Light Industrial NW 14TH ST Public Parks and Urban Central Recreation Business District Restricted Southeast Commercial Overtown / Park West RDIA

0 125 250 500 Feet . ADDRESS: 1600 NW 3 AVENUE NW 19TH TER

NW 1 P 9T H ST A

N W 4T H CT T

T C

N W 18TH ST T

D S N 1

N W

W W N

N W 17TH ST

N 6TH T ER W N W 1

5 T H

C T

H T

4 N W 16TH ST

W N

NW 15TH ST

U NN A M ED

EF836 N W 14TH T ER ¨¦§395 ¨¦§95

NW 14T H ST

0 125 250 500 Feet . ADDRESS: 1600 NW 3 AVENUE City Hall City of Miami 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com PAB Resolution

File Number: 10-00183lu Final Action Date:

A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR 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 LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1600 NORTHWEST 3rd AVENUE, MIAMI, FLORIDA, FROM MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, On October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ord. 13114; and

WHEREAS, on October 23, 2009, the City of Miami adopted a new Future Land Use Atlas , Ord. 13115, amending Ordinance No. 10544, to be consistent with the Miami 21 Atlas; and

WHEREAS, the Miami Planning Advisory Board, at its meeting on March 3, 2010, Item No. , following an advertised public hearing, adopted Resolution No. by a vote of to (-), recommending of an amendment to Ordinance No. 10544, as amended.

NOW BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:

Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.

Section 2. The Future Land Use Map of Ordinance No.10544, as amended, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to § 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Major Institutional, Public Facilities, Transportation and Utilities to Restricted Commercial for 7.0± acres of real property located at approximately 1600 NW 3rd Avenue, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof.

Section 3. It is found that this Comprehensive Plan designation change:

(a) is necessary due to changed or changing conditions;

(b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months;

City of Miami Page 1 of 2 File Id: 10-00183lu (Version: 1) Printed On: 2/17/2010 File Number: 10-00183lu

(c) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months;

(d) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development;

(e) is one which is not located within an area of critical state concern, designated by § 380.0552, Florida Statutes or by the Administration Commission pursuant to § 380.05(1), Florida Statutes; and

(f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami Comprehensive Neighborhood Plan, as amended, and nonresidential intensity will be an FLR not to exceed 11.0 times net lot area of the subject property as established in the Miami Comprehensive Neighborhood Plan, as amended.

(g) the proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, § 163.3187, Florida Statutes.

Section 4. The City Manager is directed to instruct the Director of the Planning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; and any other person or entity requesting a copy.

Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed.

Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.

Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Florida Statutes. {1}

Footnotes:

{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective date stated herein, whichever is later.

City of Miami Page 2 of 2 File Id: 10-00183lu (Version: 1) Printed On: 2/17/2010 Exhibit "A"

NW 17T H ST

NW 16T H TE R

H T

4 NW 16TH ST

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¨¦§395

ADDRESS: 1600 NW 3 AVENUE Legal Description: 36 53 41 6.95 AC M/L PB 87-552 TOWNPARK SUBDIVISION 4 U R PROJECT FLA R-10 TRACT 10 LESS BEG SE COR TR 10 TH W170.98FT N70.02FT E50.97FT N125.60FT E120FT S195.83FT TO