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File #: Item # 2013-019    Version: 1 Name:
Type: Ordinance Status: Second Reading
File created: 11/18/2013 In control: Town Council
On agenda: 11/20/2013 Final action: 11/20/2013
Title: AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AMENDING THE FUTURE LAND USE MAP (FLUM) WITHIN THE TOWN'S COMPREHENSIVE PLAN FROM LOW DENSITY RESIDENTIAL TO MIXED-USE ON PROPERTY GENERALLY LOCATED ON OLD CUTLER ROAD AND S.W. 216 STREET CONSISTING OF APPROXIMATELY 1.8 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
Attachments: 1. Manager's Memo - Appendices A thru I, 2. Manager's Memo - Appendix F - School Concurrency Letter, 3. Ordinance - Old Cutler Future Land Use Map, 4. Ordinance - Exhibit A - Legal Description, 5. Ordinance - Exhibit B - Land Use Maps

 

 

 

M E M O R A N D U M

 

To:                     Honorable Mayor and Town Council

 

From:                     Rafael G. Casals, Town Manager

 

Date:                     November 20, 2012

 

Re:                     Old Cutler Neighborhood Center Future Land Use Map (FLUM) Amendment - Small Scale Amendment (Application No. FLUMA 2013-034)                        

REQUESTtitle

 

AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AMENDING THE FUTURE LAND USE MAP (FLUM) WITHIN THE TOWN’S COMPREHENSIVE PLAN FROM LOW DENSITY RESIDENTIAL TO MIXED-USE on property GENERALLY LOCATED ON OLD CUTLER ROAD And S.W. 216 STREET CONSISTING OF APPROXIMATELY 1.8 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.

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APPLICATION SUMMARY

 

Applicant/Representative:                     Old Cutler Development Partners, LLC/Juan Mayol, Jr. and Hugo P. Arza

 

Location:                                                               Old Cutler Road and SW 216th Street

 

Total Acreage:                                                               2.2 +/- Gross Acres/ 1.8 +/- Net Acres  

 

Current Land Use Plan

Map Designation:                                          Low Density

 

Requested Land Use Plan

Map Designation and Other

Changes:                                                               Mixed-Use

 

Amendment Type:                                          Small-scale                                                                                                         

 

Existing Zoning/ Site

Condition:                                                               SR (Single -Family Residential)/Vacant

 

 

Folio Numbers:                      36-6008-005-0540; 36-6008-005-0550; 36-6008-005-0620

 

Legal Description:   All that part of Block 64 of “LINCOLN CITY SECTION G”, according to the plat thereof recorded in Plat Book 46 at Page 75 of the Public Records of Dade County, Florida, which lies Southerly of the following described line;

 

Commence at the point of intersection of the Southerly extension of the Westerly block line of said Block 64 and the Southwesterly

extension of the Southeasterly block line of said Block 64; thence

run Northeasterly, along said Southeasterly block line and its Southwesterly extension for a distance of 216.85 feet to the point of curvature of a circular curve concave to the Northwest, said point of curvature being the Point of Beginning of the herein described line; thence run Southwesterly, along the arc of said circular curve concave to the Northwest, having a radius of 291.50 feet, through a central angle of 34°12’26”, for an arc distance of 174.03 feet to the point of intersection with the Westerly block line of said Block 64, and the End of the herein described line; said point of intersection being 73.14 feet Northerly of the point of intersection of the Southerly extension of the Westerly block line of said Block 64 and the Southwesterly extension of the Southeasterly block line of said Block 64 as measured along the Westerly block line of said Block 64 and its Southerly extension.

 

And

 

Lots 9 and 10, Block 63, Lincoln City Section “G” According to the Plat thereof, recorded in plat book 48, at page 75 of the public records of Miami-Dade County, Florida.

 

Said lands situate in the City of Cutler Bay, Miami-Dade County, Florida.

 

RECOMMENDATION

 

Staff recommends adoption of the proposed small scale amendment to the Town Growth Management Plan (Comprehensive Plan) adopted 2020 FLUM to redesignate the 2.2 gross acre site from “Low Density” to “Mixed-Use.”  A copy of the FLUM Amendment application is provided in Appendix “A”.

 

The Applicant is proposing to change the FLUM from “Low Density” to “Mixed-Use” in order to facilitate a mixed-use residential-commercial development to be located on the northwest quadrant of Old Cutler Road and SW 216 Street.

 

 

 

The proposed development is a small scale project (29 residential units and 13,400 square feet of commercial) that is consistent with the basic intent of the Town’s Growth Management Plan Mixed-Use development concept, which provides for sustainable living, working, shopping and civic activities. Most of the property is considered a corner lot with irregular dimensions, which provides the right setting to attract a mix of uses without adversely impacting the residential make-up of the area.  The project’s residential component and landscaping will serve as a buffer between the project’s commercial use and the existing residential to the north of the property and on the west side of SW 99 Avenue.  This buffer along with the enhancement of existing infrastructure and Neighborhood Park will mitigate any potential adverse impact that the commercial use my have in the general area.  

 

Under the Mixed-Use designation, with a vertical design as proposed by the Applicant, the commercial use will be located on the ground floors while residential would be located on the higher floors.  The commercial use proposed for this site, which is at the entrance and along Old Cutler Road on the southern end of the Town will be consistent with other nearby undeveloped properties (located to the north of the site) that are also suitable for mixed-use developments due to their proximity and accessibility to the Old Cutler Road corridor. It is important to note that the closest mixed-use property along the Old Cutler Road corridor is approximately a quarter mile from the subject site.

 

STAFF ANALYSIS

 

The Applicant (Old Cutler Neighborhood Center) proposes to amend the Future Land Use Map (FLUM) and rezone the parcels to accommodate the proposed mixed-use development.  This proposed development will be comprised of residential and commercial uses.   Currently, the FLUM (low density) and zoning district (Single-Family Residential) designations for these parcels is residential.     

 

Please note the concurrency review is based on the proposal submitted by the applicant as outlined below and not at the maximum densities or intensities that would be allowed under the proposed Future Land Use designation or the proposed Zoning District:

 

Number units:                                          28 (22 Townhouses and 6 Apartments)

Commercial:                                                               13,400 square feet

 

Proposed Amendment:

From: Low Density Residential (2.5 to 5 dwellings units per gross acre  To: Mixed Use  (Appendix “B”)

Proposed Rezoning:

From: Single-Family Residential (SR) To: Neighborhood Center (NC-1) (Appendix “C”)

Area Boundaries:

Old Cutler Road, SW 216 Street and SW 98 Avenue (Appendix “D”)

Size of Area (not including R-O-W):

2.05 acres (89,106 square feet)

Property(s) Description/Existing Conditions:

The area consists entirely of vacant land

Surrounding Growth Management Plan Designation(s):

North - Low Density Residential and Parks and Recreation South - Low Density Residential East - Low Density Residential West - Low Density Residential

Surrounding Zoning:

Single-Family Residential (SR)

Surrounding Existing Land Use(s):

North - Park, Single-Family and Vacant South - Single-Family Southeast - Single-Family West - Single-Family 

 

Current vs. Proposed Analysis

 

Current Future Land Use: Low Density Residential (5 DU’s/Acres)

Proposed Future Land Use: Mixed Use

Current Permitted Uses: Low Density Residential 

Proposed Permitted Uses: Retail and office uses and services, residential units in a mixed-use development.

Current Permitted Height, Density and Intensity: Three (3) stories, 35 feet, 2.5 to 5 units per acre and 4.0 F.A.R. for public schools and religious institutions

Proposed Permitted Height, Density and Intensity (NC-1): Three (3) stories, 35 feet, 15 units per acre and 1.6 FAR

Current Zoning: Single-Family Residential (SR)

Proposed Zoning: Neighborhood Center (NC-1)

Potential Build-Out based on Current Zoning (SF): 10 residential units

Build-Out based on Proposed Zoning (NC-1) and Application: 29 residential units 13,400 square feet commercial

 

 

Cumulative Impact on Services

 

Service

Existing

Proposed

Impact

Transportation  (6.5 trips/household/day)  Commercial

Residential -  65 Trips   Commercial - N/A 

Residential -  188 Trips   Commercial -

Residential -  +123 Trips Commercial

Potable Water 155 g/p/d   10 g/100 sq. ft./day*

Residential - 3,420 gals./day  Commercial - N/A

Residential - 10,230 gals./day  Commercial - 1,340 gals./day

Residential - +6,810 gals./day  Commercial - +1,340 gals./day

Sanitary Sewer 100 gals./day  10 g/100 sq. ft./day*

Residential - 2,200 gals./day  Commercial - N/A

Residential - 6,600 gals./day  Commercial - 1,340 gals./day

Residential - +4,400 gals./day  Commercial - +1,340 gals./day

Drainage

Reviewed by Town Public Works.  Flood Analysis is provided in Appendix “E”.

Parks 3.0acres/1,000 population

Residential - 0.066 acres Commercial - N/A

Residential - 0.198 acres Commercial - N/A

Residential - +0.132 acres Commercial - N/A

Schools

The Town and Applicant will contact Miami-Dade County Public Schools (See: Appendix “F”)

Solid Waste 9.9 lbs./person/day  Commercial 1.0 lbs./100 sq. ft./day

Residential - 217.8 lbs./day  Commercial - N/A

Residential - 653.4 lbs./day  Commercial - 134.0 lbs./day

Residential - +435.6 lbs./day  Commercial - +134 lbs./day

 

 

 

 

 

NOTE:                     Per 2010 Census, there are 2.28 persons/household, therefore, the population based on current allowable build out would be 22 while under the proposed scenario the population is estimated to be 66.

 

*The Town does not have an LOS Standard non-residential uses, therefore, the standard was taken from Miami-Dade County Code Section 24-43.1. - Liquid waste disposal and potable water supply systems. 

 

 

 

Public Facilities Levels of Service

 

The Town LOS standards are as follows.

 

Transportation

 

Level of Service Standard - The Town’s adopted Level of Service standard for roadways is as follows:

 

LOS D for principal arterial, collector, and local roads without available transit;

LOS E for minor arterials without local transit;

LOS E for roads within ½ mile of transit service with 20 minute headway;

120 % of capacity where extraordinary transit service (commuter rail or bus service) is available;

LOS D for limited and controlled access Florida Interstate Highway System roads;

LOS E on limited access facilities where exclusive through lanes exist;

LOS E on controlled access facilities with exclusive through lanes or lanes that are parallel to exclusive transit.

 

Potable Water

 

LOS Standard - The Town’s Level of Service Standard for potable water is as follows:

Regional Treatment - System shall operate with a rated capacity that is no less than 2% above maximum daily flow for the preceding year.

 

User LOS - Maintain capacity to produce and deliver 155 gallons per capita per day (gpd).

 

Water Quality - Meet all County, State and federal primary potable water standards.

Countywide storage - Storage capacity for finished water shall equal no less than 15% of countywide average daily demand.

 

With the exception of a few enclaves that remain on private wells, the Town is provided with potable water services through the Miami-Dade Water and Sewer Department (WASD).   The proposed project will be served by existing twelve (12) inch water main owned by the County, located on SW 99 Avenue at SW 216 Street.  The County will require the Applicant to connect to this twelve (12) inch water main and install an eight (8) inch water main to the east of SW 216 Street to Old Cutler Road, thence northeasterly in Old Cutler Road to the easternmost corner of the property.  To provide service to the development fronting SW 215 Street, the Applicant will be required to connect to an existing eight (8) inch water main in SW Ingraham Avenue at SW 215 Street and extend eight (8) inch water main westerly in SW 215 Street to SW 99 Avenue connecting/interconnecting to an existing twelve (12) inch water main at that location.  Also, any public water main within the property shall be twelve (12) inch minimum diameter.  If two (2) or more hydrants are to be connected to a public water main extension within the property, then the water system shall be looped within two (2) points of connection.  (See: Appendix “H”)  

 

Sanitary Sewer

 

LOS Standard - 100 gallons per capita per day (gpd).

 

With the exception of a few enclaves that remain on septic tanks, the Town is provided with sanitary sewer services through the WASD.

 

There is no gravity sewer available within the project area.  The Applicant will be allowed by WASD to build a private pump station for this project as long as all legal requirements are met.  The Applicant will be require to connect to an existing twelve (12) inch force main in SW 99 Avenue abutting the western boundary of the property and install a minimum eight (8) inch force main within the property as required to provide service to the proposed private sewage pumping station.  (See: Appendix “H”) 

 

Drainage, Flood Protection and Stormwater Management

 

This proposed amendment was reviewed for consistency with the Town’s Stormwater Management Program to ensure that the proposed development comply with the LOS standards.  The stormwater management standards include flood protection and water quality.  The County and Town require that all stormwater shall be retain on site utilizing properly designed seepage or infiltration drainage system.  The proposed development will be required to comply with local, county and federal flood criteria requirements.  The flood protection standards adopted by the Town are designed to serve to basic functions: (1) protect properties from natural flood events such wet storms and hurricanes; and (2) to ensure that proposed development does not cause flooding on adjacent properties and roads.  As a result, the Town requires that all development be built at base flood elevation plus one foot of freeboarding.  The current base flood elevation for the subject property is 8 feet plus 1-foot of freeboarding.  (Appendix “E”)

 

The Town’s water quality standard helps protect water quality by minimizing the amount of pollutants carried offsite as a result of rainwater.  This standard requires all stormwater to be retained on site by utilizing natural retention areas and/or manmade structures. 

 

Recreation and Open Space

 

LOS Standard - 1.2 acres of active public parks, 0.9 acres of private open space, 0.9 acres of conservation open space per 1,000 residents.

 

Based on the 2010 Census population of approximately 41,000, the Town requires 49 acres of active public parks to meet its Level of Service Standard. Based on the recently acquisition of Lakes by the Bay parkland, the Town will exceed the LOS for active parks. Based on the projected 2020 population of 60,000, the Town will continue to maintain the required level of service standard for parks.

 

 

 

 

Public Schools

 

Level of Service Standard - Beginning January 1, 2008, 100% utilization of Florida Inventory of School Houses (FISH) capacity with relocatable classrooms. Public schools that achieve 100 % of FISH capacity without relocatable classrooms should no longer utilize relocatable classrooms except as an operational solution.

 

A project planning level review, which is considered a preliminary concurrency analysis will be conducted on this application by the Miami-Dade County School Board based on the adopted levels of service standard, the Interlocal Agreement (ILA) for Public Facility Planning between the Town of Cutler Bay and Miami-Dade County Public School, and current available capacity and school attendance boundaries. 

 

Solid Waste

 

LOS Standard - A collection capacity of 9.9 lbs. per capita per day, and disposal capacity sufficient to accommodate waste flows committed to the system through long-term interlocal agreements and contracts and non-committed solid waste flows for a period of five years.

 

Roadway Analysis

 

A copy of the traffic study is provided in Appendix “G”.  This report provides an in-depth evaluation of the potential adverse traffic impacts that may be generated by the proposed project. The study included an evaluation of key intersections along Old Cutler Road.  Existing traffic data was collected at two intersections.  The existing traffic counts were adjusted to peak season volume and then projected to the year 2014 after the project is completed or occupied.   Intersection capacity analyses were performed for the existing peak season and for future conditions both with and without the project.

 

The traffic analysis concluded that the intersections studied operate at acceptable Levels of Service after this project has been completed.  Vehicle movements into and out of the project driveway on Old Cutler Road will operate with minimal delay and there will be no queuing problems which would interfere with on-site safety and/or traffic operations.  Traffic from Old Cutler Neighborhood Center will have a minimum impact on the surrounding roadway network once the project has been constructed and occupied.   

 

Fire and Rescue Service

 

The application site is currently serve by Miami-Dade County Fire Rescue Station No. 55 (Saga Bay), located at 21501 SW 87 Avenue.  This station is equipped with an Engine totaling four (4) firefighter/paramedics 24 hours a day, seven days a week.

 

 

 

 

 

The Miami-Dade County Fire Department (MDFR) has indicated that the average travel time to incidents in the vicinity of the subject property is under 5:00 minutes.   Performance objectives of national industry standards require the assembly of 15-17 firefighters on-scene within 8-minutes at 90% of all incidents.  Travel time to the vicinity of the subject application complies with the performance objective of the national industry standards.

 

Coastal and Wetland Resources Protection

 

The subject property does not contain wetlands as defined by Section 24-5 of the County Code; therefore, a Class IV Wetland Permit will not be required for this property.

 

Tree Preservation and Natural Forest Communities

 

The property may contain specimen-sized trees (trunk diameter 18 inches or greater).  Sec 24-49.2(II) of the County Code require that specimen-sized trees be preserved whenever reasonably possible.  (Appendix “H”)

 

Pollution Control

 

There are no records of current contamination assessment/remediation issues nor are there historical records of contamination assessment/remediation issues associated with non-permitted sites within the subject property.  (Appendix “H”)

 

Environmental and Historic Resources 

 

There are no reported environmental, historic or archeological issues associated with the subject property.

 

Consistency Review with the Town Growth Management Plan Goals, Objectives, and Policies

 

The proposed application will further the following goals, objectives, and policies of the Town of Growth Management Plan:

 

Objective FLU-3:  The areas designated “Mixed-Use” on the Future Land Use Map shall de developed or redeveloped through the Land Development Regulations as design unified horizontal and vertical mixed use areas in accordance with adopted plans and studies that reflect the community’s vision.

 

Policy FLU-3A: Areas designated mixed use shall contain commercial, office, residential, community, institutional, and recreational and open space uses integrated vertically or horizontally, in accordance with Policy FLU-1C.

 

 

 

 

Policy FLU-3C:  The area located along the Old Cutler Road corridor and designated “Mixed-Use” on the Future Land Use Map shall be redeveloped as a place where living, working, shopping, and civic activities can take place within a town center type environment.

 

Policy FLU-3D:  New development and redevelopment along Old Cutler Roads shall consist of a variety of buildings and uses that will encourage pedestrian activity with wide sidewalks, balconies, outdoor cafes, squares, and plazas.

 

Policy FLU-3G:   The Town shall implement unified high quality, well designed horizontal and vertical mixed use development on the Old Cutler Road corridor.

 

Policy FLU-4A:  The Town shall implement strategies to provide appropriate transitions between its residential districts and the higher intensity Mixed Use, Town Center, and Institutional districts through its Land Development Regulations and other appropriate mechanism.

 

Policy FLU-5B:  Development and redevelopment in the Town shall provide for pedestrian friendly street design, an interconnected street network and hierarchy to reduce congestion and improve traffic flow, design that promotes the use of non-motorized transportation modes, connectivity to transit, and a range of uses in a compact area to reduce the need for external trips.

 

Policy FLU-5C:  The Town shall promote high quality urban design for development and redevelopment by encouraging developers to incorporate the concepts outlined in Miami-Dade County’s Urban Design Manual, or other design guidelines that may be developed for the Town, into their developments.

 

Policy FLU-5D:  The Land Development Regulations shall promote energy efficient design and water conservation in new development and redevelopment.

 

Policy FLU-5E:  The Town shall discourage urban sprawl by directing new development and redevelopment in accordance with the Future Land Use Map, which provides for mixed-use development in areas currently served by urban infrastructure and services, and by designing environmentally sensitive areas as “Conservation.”

 

Policy FLU-5F:  The Town shall require aesthetically pleasing and environmentally sensitive landscaping as an important component of development and redevelopment projects. To the maximum extent feasible, existing on-site native vegetation shall be preserved.

 

Policy FLU-5I:  The Town shall ensure that any applications to amend the Growth Management Plan and/or Future Land Use Map are reflective of the community’s vision as expressed in this Plan or special neighborhood plans, and will not result in increased sprawl.

 

 

Objective FLU-6:  The Town shall maintain and improve the quality of existing neighborhoods and development, and provide for redevelopment in appropriate locations, as needed.

 

Objective FLU-13:  The Town shall seek to maintain and increase its role as an employment and commercial center for south Miami Dade County.

 

Policy FLU-13C:  The Town shall support the location of employment centers, offices, and retail uses proximate to residential areas through the implementation of the Town Center, Mixed-Use land use districts, in accordance with this Plan.

 

Policy FLU-13D:  The Town shall promote its Town Center and Mixed-Use districts as excellent locations for business by providing for their development and redevelopment in accordance with charrettes and/or other special plans.

 

Policy FLU-13E:  The Town shall study and implement marketing strategies to attract quality and other underrepresented retail and commercial uses.

 

Housing Goal 1:  Ensure the availability of a decent, safe and sanitary housing stock to accommodate current and future residents.

 

Policy H1-1D:  The Town’s residential zoning districts shall allow a variety of housing types in residential districts in order to meet the housing needs of current and projected residents.

 

Housing Goal 2:  Ensure the availability of housing that is affordable to current and future residents of all income and special needs groups in the Town of Cutler Bay.   

 

Policy I1-2A: The Town will encourage future development into areas that are already served, or programmed to be served by County WASD potable water facilities.

 

APPENDICES:

 

Ø                     Appendix “A” - Future Land Use Map Amendment Small-Scale Application

Ø                     Appendix “B” - Future Land Use Maps (Existing and Proposed)

Ø                     Appendix “C” - Zoning Maps (Existing and Proposed)

Ø                     Appendix “D” - Aerial Photograph

Ø                     Appendix “E” - Flood Zone Maps

Ø                     Appendix “F” - School Concurrency Letter

Ø                     Appendix “G” - Traffic Study

Ø                     Appendix “H” - Miami-Dade County Department of Regulatory and Economic Resources (Concurrency Letter). Miami-Dade County Water and Sewer Department (Water and Sewer Availability Letter).

Ø                     Appendix “I” - Advertisement/Courtesy Notices/ Posting