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Home My WebLink AboutItem #2- 138 NW 16 AvePLANNING FACT SHEET LEGISTAR FILE ID: 09-00143zc March 4, 2009 Item # P.2 APPLICANT Pedro G. Hernandez, City Manager, on behalf of the City of Miami REQUEST/LOCATION Consider amending page No. 35, of The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of The City Of Miami, Article 4, Section 401, Schedule Of District Regulations, by changing the zoning classification from R-3 "Multifamily Medium -Density Residential" to R-3 "Multifamily Medium -Density Residential" with an HP historic preservation overlay district LEGAL DESCRIPTION See supporting documentation PETITION Amend page No. 25, of the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City Of Miami, Article 4, Section 401, Schedule of District Regulations, by changing the zoning classification from R-3 "Multifamily Medium -Density Residential" to R-3 "Multifamily Medium -Density Residential" with an HP historic preservation overlay district, for the property located at approximately 138 NW 16th Avenue, Miami, Florida, making findings; containing a severability clause; and providing for an effective date. PLANNING RECOMMENDATION APPROVAL BACKGROUND AND ANALYSIS The proposed amendment is to change the zoning designation to R-3 "Multifamily Medium -Density Residential" with an HP historic preservation overlay district. PLANNING ADVISORY BOARD CITY COMMISSION VOTE: .................................................................................................................................................................................................................................................................................................................................... CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 .................................................................................................................................................................................................................................................................................................................................... Date Printed: 2/23/2009 Page 1 ANALYSIS FOR ZONING CHANGE Approximately 138 NW 16th Avenue File ID 08-00529zc REQUEST The proposal is for a change to page No. 35, of the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, by changing the zoning classification from R-3 "Multifamily Medium -Density Residential" to R-3 "Multifamily Medium -Density Residential" with an HP Historic Preservation overlay district, for the property located at approximately 138 NW 16th Avenue, Miami, Florida (A complete legal description is on file at the Hearing Boards Office). DISCUSSION The subject property is located at the Northeast of the block surrounded by NW 2nd Street by the North, NW 1St Street by the South, NW 16th Avenue by the East, NW 17th Avenue by the West, legally described as The North 85 feet of Lots 1 and 2, less the North 10 feet thereof for road right-of-way, in Block 56, of LAWRENCE ESTATE LAND CO. 'S SUBDIVISION, according to the Plat thereof, recorded in the Plat Book 2, page 46, of the Public Records of Miami -Dade County, Florida. The site is currently designated R-3 "Multifamily Medium -Density Residential" and the same designation abutting the property. The subject property, historically known as the "J. Jacob Hubbard Residence" was constructed around 1921, and is a quintessential example of the Belvedere Bungalow design. While once a familiar Miami building type, the bungalow has fast been disappearing. The bungalow is cha- racterized by its prominent porch, intersecting roof planes, wide overhanging eaves ,decorative timbers, casement windows and a belvedere piercing the second story. When the property was put up for sale, Dade Heritage Trust, the county's largest preservation organization purchased the house. Initial plans called for its rehabilitation and demonstration as a "green building". Recently DHT was approached by a nonprofit organization "Citizens for a Better South Florida" whose stated goal is to "improve our quality of life through instilling envi- ronmental awareness within South Florida's diverse communities." They are interested in pur- chasing the bungalow and using it for their offices. Citizens presently have three (3) full-time employees, and approximately ten volunteers who generally do not occupy office space on a full time basis. Because of the small staff, there is a minimal requirement for parking, and the introduction of an office use at this location should not negatively impact the residential character of its surroundings. ANALYSIS The Planning Department is recommending APPROVAL of the request based on the following findings: • It is found that an HP "Historic Preservation Overlay District" designation would allow a viable use to maintain occupancy in the property. Without that the building could once again be endangered. • It is found that the alterations necessary for the conversion of the house for office use will be minimal. It is found that because of the small number of employees and the nature of the work performed that the residential character of the neighborhood should be minimally im- pacted. These findings support the position that the Zoning designation at this location should be changed. 2 Analysis for ZONING CHANGE File ID: 09-0143zc Yes No N/A. ® ❑ ❑ a) The proposed change conforms with the adopted Miami Comprehensive ❑ ❑ ❑ Neighborhood Plan and does not require a plan amendment. ® ❑ ❑ b) The proposed change is in harmony with the established land use pattern. ❑ ❑ ® c) The proposed change is related to adjacent and nearby districts. ® ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ® ❑ ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ❑ ❑ ® f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ® ❑ ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ❑ ❑ ® ❑ ® ❑ ® ❑ ❑ ❑ ❑ ❑ ® h) The proposed change positively influences living conditions in the neighborhood. ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ❑ ❑ ® ❑ ❑ ❑ ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. 1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. DUPLEX -RESIDENTIAL FUTURE LAND USE MAP � L_ NW 4TH ST a x ti r Z PARKS & RECREATION NW 2ND ST NW 1S cn x a x I— r z, PUBLIC, FACI L TRANSPORTA IV& UTILITIE NW 3RD —MEDIUM DENSITY 1 I MULTIFAMILY RESIDENTIAL 9 2 F— Lo W FLAGLER ST Q RESTRICTED COMMERCIAL 2 = SIG FLAGLER TER 0150 300 600 Feet L I I I I I I I I ADDRESS: 138 NW 16 Avenue 150 300 600 Feet ADDRESS: 138 NW 16 Avenue ZONING ATLAS MAP 0150 300 600 Feet L I I I I I I I I ADDRESS: 138 NW 16 Avenue logo IVA WA so 7777, 11 7 1 MEN, 0150 300 600 Feet L I I I I I I I I ADDRESS: 138 NW 16 Avenue rfi City of Miami �s3 Iri r nk °• ' Legislation f (d 7 ; PAB Resolution File Number: 09-00143zc City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN HP HISTORIC PRESERVATION OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 138 NORTHWEST 16TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on March 4, 2009, Item No. P.2, following an advertised public hearing, adopted Resolution No. PAB - by a vote of - to - (-), recommending APPROVAL of an amendment to Ordinance No. 10544, as amended. WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from R-3 "Multifamily Medium -Density Residential" to R-3 "Multifamily Medium -Density Residential" with an HP historic preservation overlay district for the property located at approximately 138 Northwest 16th Avenue, Miami, Florida; legally described as the North 85 feet of Lots 1 and 2, less the North 10 feet thereof for road right-of-way, in Block 56, of LAWRENCE ESTATE LAND CO. 'S SUBDIVISION, according to the Plat thereof, recorded in the Plat Book 2, page 46, of the Public Records of Miami -Dade County, Florida. Section 2. It is found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; City of _Miami Page I of 2 Printed On: 212312009 File Number: 09-00143zc (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; 0) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property value in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 35 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is amended to reflect the changes made necessary by this Amendment. Section 4. 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 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c). {1} Footnotes: {1 } This Ordinance shall become effective as specified 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 immediately upon override of the veto by the City Commission or upon the effective date stated, whichever is later. City of Miami page 2 of 2 Printed On: 2/23/2009