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Home My WebLink About500 NW S. River Dr-PAB-9.6.09PLANNING FACT SHEET LEGISTAR FILE ID: 09-00817zc September 16, 2009 Item # P.3 APPLICANT Pete G. Hernandez, City Manager on behalf of the City of Miami REQUEST/LOCATION Consideration of amending the Miami Comprehensive Neighborhood Plan. COMMISSION DISTRICT 3 - Commissioner Joe Sanchez LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office PETITION Consideration of 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 C-1 - Restricted Commercial for the property located at approximately 500 Northwest South River Drive, Miami, Florida PLANNING APPROVAL RECOMMENDATION BACKGROUND AND ANALYSIS See supporting documentation PLANNING ADVISORY BOARD CITY COMMISSION VOTE: .................................................................................................................................................................................................................................................................................................................. CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 .................................................................................................................................................................................................................................................................................................................. Date Printed: 9/3/2009 Page 1 ANALYSIS FOR ZONING CHANGE Approximately 500 NW S. River Dr CASE NO: 09-00817zc Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: The request is to change the Zoning designation as follows: The subject property consists of one triangle shape parcel comprising approximately 0.03 acres. The parcel is located within the block bounded by NW South River Drive to the northeast, NW 9t" Avenue to the west, and NW 51" Street to the south, approximately 500 NW S. River Dr., from R-3 "Multifamily Medium -Density Residential" to C-1 "Re- stricted Commercial". The following findings have been made: • It is found that the C-1 - Restricted Commercial zoning designation requested will be consistent with the vicinity's zoning designation for properties located to the North, and East, of the subject property. • It is found that the property currently has a commercial structure located on it that has been there since 1951. • It is found that this action will allow a grand fathered commercial use to continue. • It is found that the requested change will not represent an intrusion of commercial uses into a residential neighborhood. • It is found that the property configuration, as well as the small size of the property (1409 sq ft), does not lend itself to residential development. Based on these findings, the Planning Department is recommending approval of the application as presented. Analysis for ZONING CHANGE Approximately 500 NW S. River Dr File ID: 09-00817zc ❑ ® ❑ 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. FUTURE LAND USE MAP 0 150 300 600 Feet L ' ' ' I ' ' ' I L *IDETIA z I— NW 7TH -ST NW -7TH -ST N�,yNoRr x O FIC tiR��FR z �R NW 6TH C �. SA RECREATION IND STRIAE NW 5TH ST Q � HE IU EN M LIF MILY i RESIDENTI h z z NW 4TH ST MAJOR NST, p x PUBLIC FAC > to Q TRAN P Q z UTILIT ES > cor NW 3RD ST NW 3RD ST z z 0 150 300 600 Feet L ' ' ' I ' ' ' I L ADDRESS: 500 NW SOUTH RIVER DRIVE ZONING ATLAS MAP 0150 300 600 Feet L ' ' ' I ' ' ' I ADDRESS: 500 NW SOUTH RIVER DRIVE R-1 z a✓ I— NW 7TH -ST NW-7TH—ST NwN O 0 RT � tiR��FR z OR IL NW 6TH ST PR !rr, j;rri rrrr`r rrj r f;r /'W ;r" NW 5TH ST f✓r rrirj r�fX.:rirr,i 0(� x R- � Tyr 'rriir ; f F— � Z f ;r rri; r : "frrf � rii,• rrrrj rrii r '� �; NW 4TH ST Q � x I— NW 3RD ST z 0150 300 600 Feet L ' ' ' I ' ' ' I ADDRESS: 500 NW SOUTH RIVER DRIVE 150 300 600 Feet ' ' ' I ' ' ' I ADDRESS: 500 NW SOUTH RIVER DRIVE rfi City of Miami �s3 Iri r nk °• ' Legislation f (d 7 ; PAB Resolution File Number: 09-00817zc 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 C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 500 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on September 16, 2009, following an advertised public hearing, adopted Resolution No. PAB * by a vote of - to - (-), item No. P.3, recommending approval of the Zoning Change as set forth; and 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 inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, 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 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 C-1 -Restricted Commercial, for the property located at approximately 500 NW South River Dr, Miami, Florida, as legally described in attached "Exhibit A." Section 3. 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; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; City of Jliami Page I of 2 Printed On: 91312009 File Number: 09-00817zc (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 4. 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 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. {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 immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami page 2 of 2 Printed On: 9/3/2009 EXHIBIT A LEGAL DESCRIPTION: RIVERVIEW PB 5-43 TRIANGULAR BLOCK E OF NW 9 AVE N OF NW 5 ST & S & W OF S RIVER DR BLK B LOT SIZE 1409 SQUARE FEET COC 24829-0367 08 2006 1