Legislation Details

File #: Item # 2014-015    Version: 1 Name:
Type: Ordinance Status: Second Reading
File created: 1/7/2014 In control: Town Council
On agenda: 1/15/2014 Final action: 1/15/2014
Title: AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING THE REQUEST OF THE OLD CUTLER DEVELOPMENT PARTNERS, LLC (OLD CUTLER NEIGHBORHOOD CENTER) TO PERMIT A REZONING FROM SR (SINGLE-FAMILY RESIDENTIAL DISTRICT) AND NR (NEIGHBORHOOD RESIDENTIAL DISTRICT) TO NC-1 (NEIGHBORHOOD CENTER 1 DISTRICT) ON PROPERTY GENERALLY LOCATED ON OLD CUTLER ROAD AND S.W. 216 STREET (FOLIO NUMBERS 36-6008-005-0540, 36-6008-005-0550 AND 36-6008-005-0620), AS LEGALLY DESCRIBED IN EXHIBIT "A", CONSISTING OF APPROXIMATELY 1.8 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
Attachments: 1. FINAL Manager's Memo OCNC Rezoning, 2. Manager's Memo - Appendix A, 3. Manager's Memo - Appendix B, 4. Manager's Memo - Appendix C, 5. Manager's Memo - Appendix D, 6. Manager's Memo - Appendix E, 7. FINAL Ordinance - OCNC Rezoning - 1st Read, 8. FINAL OCNC - Exhibit A - Legal Description
 
 
 
 
M E M O R A N D U M
 
To:      Honorable Mayor and Town Council
 
From:      Rafael G. Casals, Town Manager
 
Date:      January 15, 2014
 
Re:      Old Cutler Neighborhood Center - Application No. ZC-2013-040
 
Rezone subject property from SR (Single-Family Residential District) and NR (Neighborhood Residential District) to NC-1 (Neighborhood Center 1 District) and Amend the Town of Cutler Bay Zoning District Map         
 
REQUESTTitle
 
AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING THE REQUEST OF THE OLD CUTLER DEVELOPMENT PARTNERS, LLC (OLD CUTLER NEIGHBORHOOD CENTER) TO PERMIT A REZONING FROM SR (SINGLE-FAMILY RESIDENTIAL DISTRICT) AND NR (NEIGHBORHOOD RESIDENTIAL DISTRICT) TO NC-1 (NEIGHBORHOOD CENTER 1 DISTRICT) ON PROPERTY GENERALLY LOCATED ON OLD CUTLER ROAD AND S.W. 216 STREET (FOLIO NUMBERS 36-6008-005-0540, 36-6008-005-0550 AND 36-6008-005-0620), AS LEGALLY DESCRIBED IN EXHIBIT "A", CONSISTING OF APPROXIMATELY 1.8 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
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 Future Land Use
Plan
Map Designation:            Mixed-Use (Adopted on Second Reading January 15, 2014)
 
Existing Zoning/ Site
Condition:      SR (Single-Family Residential) and NR (Neighborhood Residential)/Vacant
 
Proposed Zoning:            NC-1 (Neighborhood Center 1 District)
 
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 48 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 Town of Cutler Bay, Miami-Dade County, Florida.
 
 
STAFF ANALYSIS
 
The Applicant (Old Cutler Neighborhood Center) proposes to rezone the parcels to accommodate a proposed mixed-use development.  This proposed development will be comprised of residential and commercial uses. Previously, the Applicant requested to amend the Future Land Use Map (FLUM) from Low Density to Mixed Use (1st reading was held on November 20, 2013 and a 2nd reading prior to the Local Planning Agency (LPA) and Town Council on January 15, 2014). If the Town Council adopts the FLUM amendment at 2nd reading this rezoning may be heard. In addition to the stated applications, the Applicant will be required to submit applications for Re-platting, Vacation of Rights-of-Way and Site Plan.
 
The application to rezone will be reviewed pursuant to the requirements of Sec. 3-38 Rezoning, Sub-section (D) - Approval Criteria.
 
Currently, the parcels which make up this application are zoned SR and NR. While both allow for a maximum density of 5 units an acre and a maximum building height of 35 feet, the NR District allows for greater flexibility in housing types; such as, townhouse, two-family and multi-family dwelling units.
 
The applicant has requested to rezone to Neighborhood Center District (NC), under the NC-1 sub-district. The NC District intent is to provide for pedestrian scaled shops, restaurants, services, small workplaces, and residential buildings central to a neighborhood. This mixed use type of development allows for up to 15 units an acre with the residential component ranging from 20% and 80% of the total building area.            
 
Site and Surrounding Area Data
 
Land Use Designation:
Mixed Use
Proposed Rezoning:
From: Single-Family Residential (SR) and Neighborhood Residential (NR) To: Neighborhood Center (NC-1)
Area Boundaries:
Old Cutler Road, SW 216 Street and SW 98 Avenue
Size of Area (not including R-O-W):
1.8 Net Acres (78,408 sq. ft.)
Property(s) Description/Existing Conditions:
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) and Neighborhood Residential (NR)
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: Mixed Use
Future Land Use: No Change
Current Permitted Uses: Single Family, Townhouse, Two-Family, Multi-Family, Day Care and Group Homes
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) and Neighborhood Residential (NR)
Proposed Zoning: Neighborhood Center (NC-1)
Potential Build-Out based on Current Zoning (SF and NR): 10 residential units
Build-Out based on Proposed Zoning (NC-1) and Application: 29 residential units 13,400 square feet commercial
 
Please note a concurrency review will be performed at time of Site Plan submittal.
 
Roadway Analysis
 
A copy of the traffic study entitled "Old Cutler Neighborhood Center" by Fandrei Consulting Inc. (September 2013 Update) was provided to the Town. Traffic from Old Cutler Neighborhood Center will have a minimum impact on the surrounding roadway network once the project has been constructed and occupied.    
 
Section 3-38.      Rezoning Analysis
 
Pursuant to the requirements of Sec. 3-38 Rezoning, Sub-section (D) - Approval Criteria, the Town Council shall use certain criteria in their decision to approve or disapprove a rezoning application. The criteria are as follows with the addition of staff's determination as to whether the criteria have been satisfied.
 
1.      The proposed rezone is consistent with goals, objective and policies of the Town's Growth Management Plan.
 
Staff Comment: The proposed application will further the goals, objectives, and policies of the Town of Growth Management Plan. The following Objectives and Policies which in their entirety promote the Town's vision for high quality, well-designed, pedestrian friendly mixed use development include Objective FLU-3 and Policies FLU-3A, -3C, -3D, -3G, -5C, -5I and -13C as follows:
 
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-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-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.
 
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.
 
2.      The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses.
 
Staff Comment: The NC-1 District designation of the subject parcels would be compatible with the surrounding single family and park designations and uses. This is mainly due to the fact that the right-of-way widths to the south (SW 216th Street) and southeast (Old Cutler Road) are of adequate dimensions to provide separation and allow the continued flow of light and air. Although the maximum density would be greater than those currently allowed under the SR and NR Districts, the maximum height allowance is the same.    
 
3.      The subject property is physically suitable for the uses permitted in the proposed district.
 
Staff Comment: The subject property is located at an historic crossroad of the Town (SW 216th Street and Old Cutler Road) and would permit development, pursuant to the Land Development Regulations, small in scale mixed use projects and uses including commercial and retail, small office buildings, restaurants and residential.  
 
RECOMMENDATION
 
Staff recommends approval of the proposed rezoning and amendment to Town Zoning District Map for the parcels that are the subject of this application totaling 1.8 acres from SR (Single-Family Residential District) and NR (Neighborhood Residential District) to NC-1 (Neighborhood Center 1 District).
 
This application is consistent with the Goals, Objectives and Policies found within the Town's Growth Management Plan and also meets the approval criteria in order for the Town Council to render a decision pursuant to the criteria in Sec. 3-38 rezoning.   
 
 
APPENDICES:
 
Appendix "A" - Letter of Intent and Application for Zoning Change
 
Appendix "B" - Aerial Photograph
 
Appendix "C" - Future Land Use Map
 
Appendix "D" - Zoning Maps (Existing and Proposed)
 
Appendix "E" - Advertisement/Courtesy Notices/ Posting