PLANNING FACT SHEET LEGISTAR FILE ID: 07-002161~ March 7,2007 Item # 1 APPLICANT A. Vicky Garcia-Toledo, attorney for Douglas Gardens Holding Corp. Inc., a Florida not-for-profit, holding company of Miami Jewish Home & Hospital for the Aged. REQUESTILOCATION Consideration of amending the Miami Comprehensive Neighborhood Plan COMMISSION DISTRICT 5 LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards PETITION Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the properties located at approximately 10, 20, 30-32, 34 and 58 NE 53rd Street & 11, 17, 25, 35, 43, and 57 NE 52nd Terrace, Miami, Florida from "Duplex Residential" to "Major Institutional Public Facilities, Transportation and Utilities". PLANNING RECOMMENDATION Approval BACKGROUND AND ANALYSIS See supporting documentation PLANNING ADVISORY BOARD VOTE: ClTY COMMISSION ClTY OF MIAMI PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 :.: Date Printed: 2/27/2007 Page 1
ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 10,20,30-32,34 and 58 NE 53rd Street & 11, 17,25,35,43, and 57 NE 52nd Terrace A~~lication No. LU-07-02 File ID 07-002161~ REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Duplex Residential" to "Major Institutional, Public Facilities, Transportation and Utilities". (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 Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map." The "Duplex Residential" land use category allows 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 will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are perrnissible 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 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(~). The Major Institutional, Public Facilities, Transportation and Utilities allow 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 to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions.
DISCUSSION The subject property consists of eleven parcels comprising approximately 1.41 acres (64,443 sq. R.) It faces NW 53d Street and NW 52nd Terrace between N Miami Avenue and NE Miami Place. The property comprises the entire block with the exception of one parcel located in the northeastern corner of the block. The site is currently designated "Duplex Residential". Surrounding the subject site is "Major Institutional, Public Facilities, Transportation, and Utilities" land use to the east and south. To the north and west is "Duplex Residential" land use. The subject site is in the Little Haiti NET area and Commissioner Spence-Jones Commission District. ANALYSIS The Planning and Zoning Department is recommending APPROVAL of the application as presented based on the following findings: The "Major Institutional, Public Facilities, Transportation and Utilities " is a logical extension of that category since this designation is already within the subject block and will unify the designation with the properties to the South and East. The "Duplex Residential" category provides for 18 residential units per acre, and the requested "Major Institutional, Public Facilities, Transportation and Utilities " designation allows to a maximum density equivalent to "High Density Multifamily Residential" to a maximum density of 150 dwelling units per acre subject to the same limiting conditions. The MCNP Goal LU-1 encourages a land use pattern that (3) promotes and facilitates economic development. The MCNP Goal LU-1 (5) promotes the efficient use of land and minimizes land use conflicts. 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. It is found that the attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. These findings support the position that the existing land use pattern in this neighborhood should be changed.
CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 07-02 Date: 03/07/07 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION Applicant Vicky Garcia-Toledo, attorney for Douglas Gardens Holding Corp. a Florida not-for-profit, holding company of Miami Jewish Home Address: 10-20-30-32-34-58 NE 53 St & 11-17-25-35-43-57 NE 52 St Boundary Streets: North: NE 53rd Street East: Miami Ave South: NE 52nd Street West: NE Miami Place Proposed Change: From: Duplex Residential To: Major lnstiiutional Public Facilities, Transp. And Utili es Edsting Designation, Maximum Land Use Intensity Residential 1.41 acres @ 18 DUlacre 25 DU's Peak Hour Person-Trip Generation, Residential 28 Other sq.ft. @ FAR 0 sq.fl. Peak Hour Person-Trip Generation, Other Proposed Designation, Mm'mum Land Use lntensity Residential 1.41 acres @ 150 DUlacre 212 DU's Peak Hour Person-Trip Generation, Residential 106 Other sq.ft. @ FAR 0 sq.fl. Peak Hour Person-Trip Generation, Other 0 Net Increment With Proposed Change: Population 478 Dwelling Units 186 Peak Hour Person-Trips 78 Planning District rile Haiti County Wastewater Collection Zone 308 Drainage Subcatchment Basin E2 Solid Waste Collection Route 7 Transportation Corridor Name Miami Ave RELEVANT MCNP GOALS, OBJECTIVES. AND POLICIES Land Use Policy 1.1.1 CIE Policy 1.2.3 NOTES 1. Permit for sanitary sewer connection must be issued by Metro-Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known CONCURRENCY ANALYSIS RECREATION AND OPEN SPACE Population Increment, Residents 478 Space Requirement, acres 0.62 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.18 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 478 Transmission Requirement, gpd 107,146 Excess Capacity Before Change ~2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff 0 K SANITARY SEWER TRANSMISSION Population Increment, Residents 478 Transmission Requirement, gpd 88,491 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 SOLID WASTE COLLECTION Population Increment, Residents 478 Solid Waste Generation, tonslyear 612 Excess Capacity Before Change 800 Excess Capacity After Change 188 Concurrency Checkoff OK TRAFFIC CIRCULATION Population Increment, Residents 478 Peak-Hour Person-Trip Generation 78 LOS Before Change B LOS Afler Change B Concurrency Checkoff OK ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peakperiod trip generation is based on IT Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PTQ(Rl), 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. Recreationlopen Space acreage requirements are assumed with proposed change made. CM-1-IN 0311 31'33
FUTURE LAND USE 0 150 900 goo Feet ADDRESS: 10-20-30-3234-58 NE 53 STRER AND 1117-25-3643 NE 52 TEFRACE
ZONING ATLAS MAP 0 150 300 600 Feel ADDRESS: 10-20-30-3234-58 YE 53 STREET I I I I I I I I I AND 11-17353543 WE 52 TERRACE
mi..d 0 150 300 800 Feet I I I I I I I 1 I ADDRESS: 10-20-303234-58 YE 53 STREET AND 1117-253543 NE 52 TEFjRACE
City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 331 33 File Number: 06-0021601~ Final Action Date: AN ORDINANCE OF THE MIAMI ClTY COMMISSION, AMENDING ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 10, 20,30-32, 34 AND 58 NE 53rd STREET & 11, 17, 25, 35, 43, AND 57 NE 52nd TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE ClTY OF MIAMI, FLORIDA: Section 1. The Future Land Use Map of Ordinance No.10544, as amended, the Miami Comprehensive Neighborhood Plan is hereby amended by changing the land use designation from "Duplex Residential" to "Major Institutional Public Facilities, Transportation and Utilities" for the property located at approximately 10, 20, 30-32, 34 and 58 NE 53rd Street & 11, 17, 25, 35, 43, and 57 NE 52" Terrace, Miami, Florida, more particularly described in Exhibit "A attached hereto and made a part thereof. Section 2. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) 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; (e) 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; and City of Miami Page I of 2 Printed On: 2/26/2007
File Number: 06-00830 (9 is one which is not located within an area of critical state concern. Section 3. The City Manager is directed to instruct the Director of the Planning Department to immediately 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; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to 5 163.3187(3)(~), Fla. Stat. (2001). (1) APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY City ofmiami Page 2 of2 Printed On: 2/26/2007
HEARING BOARDS Avenue, 7th Floor Miami, Florida 33130'; + Telephone 305-416-2030 + Fax 305-416-2035 www.miamiqov.com 444 SW znd I %klw PUBLIC HEARING APPLICATION FOR AN AMENDMENT TO THE: MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. ClTY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE ClTY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE ClTY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE ClTY STAFF, BOARDS, COMMITTEES AND THE ClTY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE ClTY CLERK (MIAMI ClTY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The responses to this application must be typed and must be signed in black ink. The deadline to file the complete application, along with pertinent documents, is the first five workinq days (1-5) of each month-unless extended because of a holiday-from 8:00 am until 3:00 pm. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Please note that the cashier on the 4th floor will close at 4:00 pm; therefore, a paid receipt must be submitted before the deadline. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Ofice at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed and dated by the Planning Department designee. Rev. 08-1 5-05
Section 62-32 Periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report of the Miami City Code states detailed information about Amendments to the Miami Comprehensive Neighborhood Plan. I, A. Vicky Garcia-Toledo, attorney for Douqlas Gardens Holding Corp., Inc., a Florida notfor-profit, holding company of Miami Jewish Home & Hospital for the Aged, hereby apply to the Miami City Commission for approval in accordance with Sec 62-32 of the Miami City Code, and in support of that request, furnish the following: 1. Obtain signature or initial and date by the Planning Department designee prior to submittal. Address(es) and folio(s) of property: See Exhibit " A attached hereto 2. Current designation: Duplex Residential Future designation: Major Institutional Public Facilities, Transportation and Utilities 3. as the designation of this property been changed in the last year? If so, when? No. 4. Do you own any other property within 200 feet of the subject property? Yes. If yes, has the property been granted a change in plan designation within the last year? No. 5. Two (2) 11x17" original surveys of the property prepared by a State of Florid9 registered land surveyor within six (6) months from the date of the application. 6. The property/location listed does not have any open code enforcement/lien violations. 7. At least two photographs that show the entire property (land and improvements). 8. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 9. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". 10. What is the acreage of the projecttproperty site? Approximately 64.443 net su, ftl 1.41 net acres 11. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3d Floor for information. No. 12. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. Yes, lots 7, 8, 9 and 11 are within an EPD. 13. If only filing this application and not a change of zoning, please submit a (an): a) Affidavit b) Disclosure of Ownership c) List of owners of property within 500 feet of the subject property Rev. 08-1 5-05
14. For s and partnerships, the following documents are to be submitted: a) Articles of In b) Certificate from Tallahassee less than one (1) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so d) For non-profit organizations only: A list of Board of Directors less than one (1) year old 15. All documents, 'reports, studies, exhibits (8 % xll") or other materials to be submitted at the hearing shall be submitted with this application and will be. kept as part of the record. 16. Cost of processing according to Section 62-156 of the Miami City Code: Conservation, recreation, single family, duplex $ 300.00 Residential medium density multifamily $ 450.00 Residential high density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial $ 650.00 Commercial (CBD) cs I.,200.08 Surcharge for advertising each, item $ 1,200.00 including cost of ha $ 3.50 Address Bilzin Sumberg Baena Price Axelrod LLP 2500 Wachovia Financial Center 200 South Biscayne Boulevard Miami, Florida 331 31 Telephone 305-350-2409 Date feb 6, a" 0 7 (& E-mail Address vgt@bilzin.com STATE OF FLORIDA COUNTY OF MIAMI-DADE YK The foregoing was acknowledged before me this day of&. 2007, by A. Vicky Garcia- Toledo, as President of A. Vicky Garcia-Toledo, P.A., a corpor to me and who did not take an oath. (Stamp) Rev. 08-1 5-05
Exhibit "A" Legal Description Lot 11 less the West 10 feet thereof, andlots5,6,7,8,9, 12, 13, 14, 15and 16,Block1, ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof, as recorded in Plat Book 9, Page 30, of the Public Records of Miami-Dade County, Florida Specific Legal Descriptions, Folio Numbers, Addresses, Ownership and Deed Information for Subject Properties Lot 5, and the East 1 foot of Lot 6, Block I, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida Folio: 01-3 124-001 1-0060 Address: 58 NE 53 Street, Miami, FL 33137 Douglas Gardens Holding Crop., Inc. a Florida not for profit Deed: 2420813720-3722 Recorded 2/3/06 The West 59 feet of Lot 6, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida Folio: 01-31 24-01 1-0070 Address: 34 NE 53 Street, Miami, FL 33136 Douglas Gardens Holding Corp., Inc. a Florida not for profit. Deed: 2420313853-3854 Recorded 2/2/06 Lot 7, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida Folio: 01-3124-001 1-0071 Address: 30-32 NE 53 Street, Miami, FL 33137 Douglas Gardens Holding Corp., Inc. a Florida not for profit Rev. 09-20-06 11
Deed: 2428312929-2930 Recorded 3/2/06 Lot 8, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in PJat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida Folio: 01-3124-001 1-0080 Address: 20 NE 53 Street, Miami, FL 33137 Douglas Gardens Holding Corp., Inc., a Florida not for profit Deed: 18181/1471 Recorded 7/1/98. Lot 9, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida - D 0 Folio: 01-3124-0011-0090 Address: 10 NE 53 Street, Miami, FL 331 37 Douglas Gardens Holding Corp., Inc., a Florida not for profit Deed: 181 8211471 - Recorded 7/1/98 Lot 11, less the West 10 Feet, Block I, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page30 of the Public Records of Miami, Miami-Dade County, Florida Folio: 01-3124-01 1-07 10 Address: 11 NE 52 Terrace, Miami, FL 331 37 Douglas Gardens Holding Corp., Inc., a Florida not for profit Deed: 181 8211471 Recorded 7/1/98 Lot 12, Block 1, of ORCHARD VlLLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida Folio: 01-3124-01 1-0120 Rev. 09-20-06 12
Address: 17 NE 52 Terrace, Miami, FL 331 37 Douglas Gardens Holding Corp., Inc., a Florida not for profit Deed 181 8211 471 Recorded 711198 Lot 13, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida Folio: 01-3124-01 1-0130 Address: 25 NE 52 Terrace, Miami, FL 33137 Owner Douglas Gardens Holding Corp., Inc., a Florida not for profit Deed: 1851 013344 Recorded 311 0199 D Lot 14, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida Folio: 013124-01 1-0140 Address: 35 NE 52 Terrace, Miami, FL 33137 Douglas Gardens Holding Corp., Inc., a Florida not for profit Deed: 1824210099 Recorded 811 0198 Lot 15, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida Folio: 01-3124-01 1-0150 Address: 43 NE 52 Terrace, Miami, FL 33137 Douglas Gardens Holding Corp., Inc., a Florida not for profit Deed: 1852910775 Recorded 3/22/99 Lot 16, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami-Dade County, Florida Rev. 09-20-06 13
Folio: 01-3124-01 1-0160 Address: 57 NE 52 Terrace, Miami, FL 33137' Douglas Gardens Holding Corp., Inc., a Florida not for profit Deed: 2521 014342 Recorded 12/20/2006 Rev. 09-20-06