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Home My WebLink AboutPZAB 04-04-12 Supporting DocsPZAB.4 File ID: Title: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 12-00252za Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD GRANTING OR DENYING THE APPEAL BY GILBERTO PASTORIZA OF A ZONING INTERPRETATION 12-0001 DATED FEBRUARY 16, 2012 REGARDING ACCESSORY PARKING. Applicant(s)/ Appellant(s): Gilberto Pastoriza, Esquire, on behalf of Barlington Group, LLC 2525 Ponce De Leon Boulevard Suite 700 Coral Gables, FL 33134 (305) 854-0800 Purpose: The approval of this appeal may result in the reversal of the zoning interpretation. Planning and Zoning Department Recommendation: Denial of appeal and uphold Zoning Administrator's interpretation. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: April 4, 2012 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. MITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT GARY L. BROWN JONATHAN M.COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSHUA D. KRUT MATTHEW H. MANDEL ALEXANDER L. PALENZUELA-MAURI ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN LAURA K. WENDELL VIA HAND DELIVERY ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAM I-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSIMILE 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 Mr. Anel Rodriguez Department of Hearing Boards City of Miami. 444 SW 2 Avenue, 7th Floor Miami, Florida. 33130 *OF COUNSEL RE: Appeal of Zoning Interpretation 12-001 February 24, 2012 ADRIAN J. ALVAREZ LILLIAN M. ARANGO SARA E. AULISIO JOANNE C. CHARLES BROOKE P. DOLARA RAQUEL ELEJABARRIETA CHAD S. FRIEDMAN OLIVER GILBERT* ERIC P. HOCKMAN JOHANNA M. LUNDGREN j��'1 ALEIDA MARTINEZ MOLINA* kg KATHRYN M. MEHAFFEY ROBERT A. MEYERS* MATTHEW PEARL TIMOTHY M. RAVICH* AMY J. SANTIAGO DANIEL A. SEIGEL GAIL D. SEROTA* JONATHAN C. SHAMRES ESTRELLITA 5. SIBILA ALISON F. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON MICHELLE D. VOS PETER D. WALDMAN* JAMES E. WHITE SAMUEL I. ZESKIND HARLENE SILVERN KENNEDYt^••.J KAREN LIEBERMAN* On behalf of Barlington Group, LLC (the "Applicant"), this letter shall serve as our request to appeal Zoning Interpretation 12-001 (the "Interpretation"). The Interpretation was issued by Mr. Barnaby Min, Zoning Administrator, on February 16, 2012 in response to our zoning interpretation request dated January 31, 2012, copy enclosed. Pursuant to Sec..7.1.1.1(6) of the Miami 21 Code, the Zoning Administrator has the duty and power to decide questions of zoning interpretation in accordance with the provisions of Section 7.1.2.3. The Applicant is an aggrieved party and hereby submits this appeal within the 15 day appeal period set forth in Sec. 7.1.2.3(b). The basis of the appeal is the failure of the Zoning Administrator to properly analyze the :issues presented in the request for interpretation and applying the incorrect section of the .Miami 21 Code. In accordance with Ch. 62-157(a) of the City of Miami Code of Ordinances, enclosed please find a check in the amount of $500 for the processing of this request. Accordingly, please schedule this appeal on the next available Planning & Zoning Appeals Board agenda. Mr. Anel Rodriguez February 24, 2012 Page 12 Should you have any questions or require additional information, please contact us directly. GP/ms Enclosure 2254001 cc: Martin Pinilla Bill Fuller Very Gilberto Pastoriza WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. CITY OF MIAMI OFFICE OF ZONING MEMORANDUM TO: Gilberto Pit tori a, Attorney at Law FROM: Barnaby L. nn, Zoning Administrator DATE: February 14012 , 012 RE: Zoning Interpretation 12-0001 This Zoning Interpretation is issued to clarify the procedures for accessory or incidental parking.' There are properties throughout the City of Miami ("City") that have dual zoning. Many of these properties have the principal use in one Transect Zone and the associated accessory parking in a second Transect Zone. The issue presented for this Zoning Interpretation is what requirements must a property comply with when its principal use is in one Transect Zone and its accessory parking is in a separate Transect Zone. Section 3.3.1 of Miami21 states that lots "assembled into one ownership that encompass more than one Transect Zone shall be developed according to the corresponding Transect regulation for each Lot." Accordingly, pursuant to Section 3.3.1, both Transect Zone requirements must be complied. When accessory parking is located in a Transect Zone, it is only authorized if it complies with the requirements of that particular Transect Zone. Because accessory parking is incidental and subordinate to the principal use, the principal use must also comply with the requirements of the particular Transect Zone. To illustrate the issue, consider a property that has dual zoning of both a T6-8-O Transect Zone and a T4-R Transect Zone. Article 4, Table 3 of Miami21 indicates that general commercial uses .are allowed. by right in a .T6-8-0 Transect Zone but strictly prohibited in a T4-R Transect Zone. As Section 3.3.1 of Miami21 indicates, both Transect Zone requirements must be complied with in order to allow the principal use of a general commercial use. Because the T4-R Transect Zone strictly prohibits general commercial uses, the accessory parking is likewise prohibited. There is a provision of Section 3.3.1 of Miami21 that arguably presents conflicting authority on this issue. Specifically, Section 3.3.1 of Miami21 also states that "T4 Lots adjacent to T5 or T6 Lots may provide parking for adjacent Lot uses, and shall follow all other T4 requirements including Liner requirements. Access for such parking shall be provided only through the T4- 0, T5 or T6 Lot." An inference can be made that because this section refers to parking in a T4 Lot for the adjacent lot, parking is thus allowed regardless of whether the principal use is allowed. This section, however, must be read in conjunction with the remaining portions of Miami21, including the above -cited portion of Section 3.3.1. Accordingly, if the actual use is not allowed in the specific Transect Zone, the corresponding accessory parking is likewise not ' Accessory parking is parking that is customarily incidental and subordinate to the principal use. The terms accessory and incidental are interchangeable and for the purposes of this Zoning Interpretation, the term accessory parking shall be used. Doc. No.: Docl (2) (2) (2) (5) (2) allowed. The language concerning T4 lots is meant to solely address uses that are allowed in a T4 Transect Zone. In addition to the statutory construction analysis above, deference must also be paid to the intent of Miami21 and the zoning atlas. Article 4, Table 1. of Miami21 indicates that T4 Transect Zones are "primarily residential urban fabric with a range of building types including rowhouses, small apartment buildings, and bungalow courts." T6 Transect Zones, on the other hand, "consists of the highest density and greatest variety of Uses." (Emphasis added). Accordingly, the intent of Miami21 is to have lower impact commercial uses in a T4 Transect Zone and keep it primarily residential. Parking for an associated use in a T6 Transect Zone which is of a higher density and more variety does not comply with this intent. In conclusion, accessory parking is only authorized in a Transect Zone if the principal use in which the parking is associated is also allowed in the specific Transect Zone.2 This interpretation shall be final unless appealed to the Planning, Zoning, and Appeals Board within 15 days of the date of its issuance. cc: Francisco Garcia, Director of Planning Victoria Mendez, Assistant City Attorney Office of Zoning Office of NET 2 This Zoning Interpretation is limited to the applicability of Article 4, Table 3 to accessory parking. Assuming the accessory parking is authorized, it must also comply with the remaining provisions of Miami21 including, but not limited to, Article 3 with respect to heat island effects, Article 5 with respect to design and location criteria, and Article 9 with respect to landscaping requirements. Doc. No.: Docl (2) (2) (2) (5) (2) MITCHELL BIERMAN. P.A. NINA L. BONISKE, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MGCHAEL $. POPOK, RA, JOSEPH H. SCROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSHUA D. KRUT MATTHEW H. MANDEL ALEXANDER L. PALENZUELA-MAURI ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN LAURA K. WENDELL WEISS SEHOTA HELFMAN PASTORIZA COLE & BONISKE, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS VIA HAND DELIVERY MIAM I-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSIMILE 305-854-2323 WWW-WSH-LAW. COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 Mr. Barnaby Min Zoning Administrator City of Miami 444 S.W. 2"d Avenue, 4th Floor Miami, Florida 33130 •OF COUNSEL January 31, 2012 Re: 968 SW 8 Street and 824 SW 9 Court, Miami, Florida Dear Mr. Min: ADRIAN J. ALVAREZ LILLIAN M. ARANGO SARA E. AULISIO BROOKE P. DOLARA RAQUEL ELEJABARRIETA CHAD S. FRIEDMAN OLIVER GILBERT. ERIC P. HOCKMAN HARLENE SILVERN KENNEDY. KAREN LIEBERMAN. JOHANNA M. LUNDGREN ALEIDA MARTINEZ MOLINA. KATHRYN M. MEHAFFEY MATTHEW PEARL TIMOTHY M. RAVICH' AMY J. SANTIAGO DANIEL A. SEIGEL GAIL D. SEROTA• JONATHAN C. SHAMRES ESTRELLITA 5. SIBILA ALISON F. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON MICHELLE D. VOS PETER D. WALDMAN' JAMES E. WHITE SAMUEL I. ZESKIND Our firm represents Barlington Group, LLC who is contemplating the purchase of the properties located at 968 SW 8 Street and 824 SW 9 Court for the purpose of expanding the Goodwill Retail Center immediately to the west. The property located at 968 SW 8 Street is designated Restricted Commercial in the City's Future Land Use Map and is zoned T6-8 0 under Miami 21 (the "8th Street Parcel"). The property located at 824 SW 9 Court is designated Duiplex Residential in the City's Future Land Use Map and is zoned T4 R under Miami 21 (the "9t' Court Parcel"). See enclosed property maps. Prior to the implementation of Miami 21, the 9th Court Parcel was zoned SD-12 Special Buffer Overlay Districts which allowed the parcel to be used for surface parking in connection with an abutting commercial use. The 9th Court Parcel has been used on and off again by the user of the 8 Street Parcel for parking purposes. Notwithstanding the prior zoning, Sec. 3.3.1 of the Miami 21 Code provides: Mr. Barnaby Min January 31, 2012 Page 2 T4 Lots adjacent to T5 or T6 Lots may provide parking for adjacent Lot uses, and shall follow all other T4 requirements including Liner requirements. Access for such parking shall be provided only through the T40, T5 or T6 Lot. The purpose of this letter is to request your determination pertaining to the parking use on the 9th Court Property. Specifically, we are requesting a determination as to whether the 9th Court Parcel can be used for the purpose of providing accessory parking for the 8th Street Parcel. The 8th Street Parcel has a one -lane access point for ingress and egress to SW 8 Street. The 9th Court Parcel would provide a more efficient point of ingress and egress having two lanes for entry/exit. Additionally, please confirm that the 9th Street Parcel can be used as a point of ingress/egress. For your ease of review and analysis, enclosed please find the proposed site plan showing the proposed Goodwill Retail Center Expansion plan. Kindly provide your written determination at your earliest convenience. Thanks in advance and we look forward to your response. ES Sims 2254001 Enclosures cc: Martin Pin lla Bill Fuller WEISS SEROTA HELFMAN PASTORIZA COLE Sc BONISKE, P.L. . coN Op 1f�i Miami Zoning Details for Address: 824 SW 9 CT i 11r1.::"" .. r i 0 K _. •- • { - - - 1 :- Single Family - Residential Duplex - Residential Medium Density Multifamily Residential Low Density Restricted Commercial Medium Density Restricted Commercial Restricted Commercial t -I- l I .1 I I S� � ~�` J _ �� l l Fa -1ii-j "� Duplex Res. Single ITTI-.i r �i 1 i , '... flL` ,�/\ �� .� —1- — .' 7�5. . ._ Zone Description Enactment T4-R General Urban Zone 13114 Section Area Sub Area Description ID Description Enactment ID Description Enactment Former Zone R-2 Description Two•Family Residential Enactment SD Description Enactment SD-12 Buffer Overlay District Owner Physical Address Billing Address 0141380110090 3621 SW 113 CT NAM FL 331653423 i FRANCISCA CAPO TRS Legal Description RENNO SUB PB 13-1 NSOFT LOTS 10 11 & 12 BLK 1 LOT SIZE 50.000 X 1503 73R-74477 COC 25010-2124/25371-1630 1006 5 `°�° �?+'`' Miami Zoning Details for Address: 968 SW 8 ST i- yr .„ r -OR1.% I - T4-L - 1- 1 T4-R i — _ T5L t — s i / n- r f I < • • Established Setbacks T3 SUB -URBAN T4 GENERAL URBAN El TS URBAN CENTER 90 " aT6 8 URBAN CENTER c -* . -c 4- is,.4 : 3 4 4 4_ o a' 4 4-4.-4 4 4 r r-T8- t • -• 0 1 _ ____ L__ — it 1 )`— _ _'-- - �_.l --,;— Zone Description Enactment T6-6-0 Urban Core Zone 13114 Section 3.3.6 Area Sub Area Description 8th Street ID Description Enactment ID Description Enactment Former Zone Description Enactment C-1 Restricted Commercial so SD-25 Description SW 8th St.Special Overlay District Enactment Owner Physical Address Billing Address 0141380110060 3621 SW 113 CT MIAMI FL 33165 RENE CAPO TRS Legal Description RENNO SUB PB 13-1 LOTS 7 & 8 BLK 1 LOT SIZE 100.000 X 156 73R-74477 COC 25010-2124125371-1630 1006 5 MIAMI 21 ARTICLE 3. GENERAL TO ZONES AS ADOPTED - MAY 2011 ARTICLE 3. GENERAL TO ZONES 3.1 TRANSECT ZONES 3.1.1 The Miami 21 Code Transect Zones are described in Article 4, Table 1 and include the standards summarized in Article 4, Table 2 and further described in Article 5. They range in Function and Density from low -Density, primarily residential areas to high Density Mixed -Use areas, across the Transect, with zones identified as T1, T2, T3, T4, T5, T6, CS, CI, CI -HD, D1, D2 and D3 and all R, L, 0 and T6 subcategories. 3.2 PHASING All development shall conform to this Code regardless of phasing. Each phase of a development project shall conform to this Code in its entirety. 3.3 LOTS AND FRONTAGES 3.3.1 Lots assembled into one ownership within one Transect Zone may be developed as a single Lot. Lots assembled into one ownership that encompass more than one Transect Zone shall be developed according to the corresponding Transect regulation for each Lot. In such cases, there shall be no transfer of Density or Intensity of Development Capacity between Transect Zones. Where Lots are assembled into one ownership, the side or rear Setbacks sharing the Property Line may be eliminated. Lot assembly shall require a Unity -of -Title acceptable to the City Attorney. Contiguous Lots in one ownership, as of the effective date of this Code, may be developed as one Lot in excess of the maximum Lot size. T4 Lots adjacent to T5 or T6 Lots may provide parking for adjacent Lot uses, and shall follow all other T4 requirements including Liner requirements. Access for such parking shall be provided only through the T40, T5 or T6 Lot. 3.3.2 In Transect Zones T5, T6, CI, CS, D1, D2, and D3, buildable sites shall Entrant a vehicular Thoroughfare or a Pedestrian Passage, with at least one Principal Frontage. 3.3.3 Lots facing Thoroughfares on more than one (1) side shall have designated Principal Frontage(s) and may have Secondary Frontage(s). Unless otherwise designated by a Special Area Plan, a Principal Frontage shall be that facing the Thoroughfare of higher pedestrian importance or intensity (i.e., traffic volume, number of lanes, etc.), as determined by the Planning Department upon request by the Zoning Administrator. a. If two Thoroughfares are of equal importance each Frontage shall be considered a Principal Frontage. Lots with two or more Frontages may consider other non - fronting Property Lines as sides. 968.976 SW 8th STREET, MIAMI, FL 824 SW 9th COURT, MIAMI, FL PROPOSED PROJECT FOR GOODWILL RETAIL CENTER EXPANSION OPROPOSED FLOOR PLAN sae V1R- • 1,0- INTERIOR RENOVATION FOR: GOODWILL CENTER IXPANSION R2�b 99TT11 CCOOURRT, NSAMR ft 33339 9 FORM;:' -i FORM GROUP. INC. vas 110. ISTIS A-101