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Home My WebLink AboutITEM#5-EAST - PAB_5.21.08LEGISTAR FILE ID: 08-00529zc PLANNING FACT SHEET May 21, 2008 Item # 5 APPLICANT Pedro G. Hernandez, City Manager, on behalf of the City of Miami REQUEST/LOCATION Consider amending 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 C-2 "Liberal Commercial" LEGAL DESCRIPTION See supporting documentation PETITION An Ordinance of the Miami City Commission with attachment(s) amending 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 C-2 "Liberal Commercial", for the property located at approximately 2300 NW 14 Street (East portion, Folio #:01-3134-076-0010), Miami, Florida; less the North 140 feet, 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 C-2 "Liberal Commercial". PLANNING ADVISORY BOARD VOTE: CITY COMMISSION CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 5/13/2008 Page 1 ANALYSIS FOR ZONING CHANGE Approximately 2300 NW 14 Street (East) File ID 08-00529zc REQUEST The proposal is for a change to 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 C-2 "Liberal Commercial", for the property located at approximately 2300 NW 14 street (east portion, folio #:01-3134-076-0010), Miami, Florida less the North 140 feet (A complete legal description is on file at the Hearing Boards Office). DISCUSSION The subject area consists on a property located between Northwest 14th Street and the South Fork of the Miami River. The site is currently designated R-3 "Multifamily Medium -Density Residential" and the same designation is to the East, to the North at the same parcel the North 140 feet is designated C-2 "Liberal Commercial". To the South is the South Fork of the Miami River, and to the West the parcel is requesting zoning change to PR "Parks and Recreation" in this same agenda. The subject site is in the Allapattah NET area. ANALYSIS The Planning Department is recommending APPROVAL of the request based on the following findings: • It is found that the subject parcel is currently owned by the Police Benevolent Association (PBA). • It is found that currently the parcel has two zoning designations: the North 140 feet are designated C-2 "Liberal Commercial", and rest of the parcel is designated R-3 "Multifamily Medium -Density Residential". • The proposed change of the designation will bring the whole property in only one zoning designation, and will allow the subject property to be developed. These findings support the position that the Zoning designation at this location should be changed. 1 0 150 300 ZONING ATLAS MAP i" rrr%rir/// --rrf7/7//iirrr= !jiifrrr,/ , /-•,-•,jrrr %r vr/,/.rrr /,rr r/r rr •!i i •rr f !r •,//, %rf rr f r/r; fi�y rrr r� rf/ji f� 600 Feet ADDRESS: 2300 NW 14 ST FUTURE LAND USE MAP NW 15TH ST RESIDENTIAL INDUSTRIAL W 70 O NW 14TH ST w GENERAL COMMERCIAL MEDIUM DENSITY MULTIFAMILY RESIDENTIAL RECREATION 0 150 300 600 Feet 111111111 RESTRICTED COMMERCIAL Hiq, li SO/1TH R2 Nw 2771 ADDRESS: 2300 NW 14 ST 0 150 300 600 Feet 111111111 ADDRESS: 2300 NW 14 ST City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00529zc Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING 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 C-2 LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2300 NORTHWEST 14TH STREET (EAST PORTION, FOLIO #: 01-3134-076-0010), MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on May 21, 2008, Item No.5, following an advertised public hearing, adopted Resolution No. PAB - by a vote of - to - (-) vote, recommending - of 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 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-2 "Liberal Commercial', for the property located at approximately 2300 NW 14 Street (East portion, Folio #:01- 3134-076-0010), Miami, Florida, less the North 140 feet, more particularly described in Exhibit "A" attached hereto and made a part thereof. 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; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property value in the adjacent area; City of Miami Page 1 of 2 Printed On: 5/13/2008 File Number: 08-00529zc (I) 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. 25 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 } APPROVED AS TO FORM AND CORRECTNESS: JULIE 0 BRU CITY ATTORNEY 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: 5/13/2008 EXHIBIT A FILE ID #:08-00529zc ADDRESS: 2300 NW 14 Street (EAST PORTION) LEGAL DESCRPTION ALL THAT LOT, PIECE OR PARCEL OF LAND, SITUATE, LYING IN SECTION 34, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, BEING A PORTION OF TRACT "A" OF "POLICE BENEVOLENT ASSOCIATION, "ACCORDING TO THE PLAT THEREOF, AS RECORDED APRIL 25, 1969 IN PLAT BOOK 86 AT PAGE 15 OF THE PUBLIC RECORDS OF DADE COUNTY ( NOW MIAMI-DADE COUNTY), FLORIDA, LESS THE FOLLOWING DESCRIBED BY METES AND BOUNDS AS FOLLOWS, VIZ.: BEGIN AT THE NORTHWEST CORNER OF SAID TRACT "A", THENCE N 87°54' 32"E (THE SAME LINE BEARING WEST BY PLAT) ALONG THE NORTH LINE OF SAID TRACT "A" AND THE SOUTH RIGHT OF WAY LINE OF NORTHWEST 14TH STREET FOR 231.06 FEET; THENCE THE DEPARTING SAID NORTH LINE OF TRACT "A" AND THE SOUTH RIGHT OF WAY LINE OF NORTHWEST 14TH STREET, S00° 49' 34"E FOR 433.64 FEET; THENCE S88° 04' 50"E FOR 42.63 FEET; THENCE S01° 55' 10"E FOR 32.19 FEET; THENCE N88° 35' 32"E FOR 208.03 FEET TO APPOINT OF INTERSECTION WITH THE EAST LINE OF SAID TRACT "A"; THENCE S01° 24' 28"E (THE SAME LINE BEARING S00° 41' 00"W BY PLAT) ALONG SAID EAST LINE OF TRACT "A" FOR 354.86 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "A"; THENCE N87° 51' 35"W ALONG THE SOUTH LINE OF SAID TRACT "A" FOR 208.67 FEET (THE SAME LINE BEARING S85° 46' 07"E FOR A DISTANCE OF 208.29 FEET BY PLAT); THENCE N76° 01' 43"W ALONG SAID SOUTH LINE OF TRACT "A' FOR 274.58 FEET (THE SAME LINE BEARING S73° 56' 15"E FOR A DISTANCE OF 275.0 FEET BY PLAT) TO THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE N01° 35' 28"W (THE SAME LINE BEARING S00° 30' 00"W BY PLAT) ALONG THE WEST LINE OF SAID TRACT "A" FOR 734.60 FEET TO THE POINT OF BEGINNING. LESS THE NORTH 140 FEET OF SAID PARCEL THE REMAINING AREA OF SAID PARCEL CONTAIN 1.9 ACRES, MORE OR LESS, BY CALCULATION