HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami
Planning and Zoning Department
Division of Land Development
Req uest:
Location:
Net District:
Total square footage:
File ID#:14-00729zc
ANALYSIS FOR
ZONING CHANGE
Change the zoning classification of the properties described
herein
Approximately 2890, 2900, 2920, 2940, and 2960 South Federal
Highway; and 2900 South Miami Avenue
North / East Coconut Grove NET
56,646 sq.ft = 1.300 ± acre
ZONING DESIGNATION
Current: T3-R (Sub -Urban Transect Zone — Restricted) with NCD-3
overlay.
Proposed: T4-R (General Urban Transect Zone — Restricted) with NCD-3
overlay.
LAND USE CLASSIFICATION:
Is the proposed zoning designation compatible with the MCNP-FLUM:
❑ Yes ® No
Current Future Land Use category: Single Family - Residential
Required Future Land Use category: Low Density — Multifamily Residential
URBAN DESIGN FINDINGS AND COMMENTS:
1. The application for the proposed rezoning complies with the technical requirements of Miami
21 Code in regard to successional zoning, area, and frontage length on one street.
2. The subject properties faces South Federal Highway, on the north, a major traffic corridor
which has significantly changed as a result of the recent redevelopment to the north of the
subject properties and Brickell area.
3. The subject properties are located on a "Moderate Probability" Archaeological Resources
area.
File ID#:14-00729zc
Page 1 of 3
City of Miami
Planning and Zoning Department
Division of Land Development
4. The rezoning as proposed increases the density, intensity and high for the subject parcels.
5. The subject properties have a current designation of NCD-3 (COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT NCD-3), which intent is not aligned with
the proposed rezoning when states:
"3.2 Intent
The intent of the Coconut Grove Neighborhood Conservation District NCD-3 is to
establish a protective series of legislative elements to preserve the historic, heavily
landscaped character of Coconut Grove's residential areas; enhance and protect
Coconut Grove's natural features such as the tree canopy and green space; and protect
the architectural variety within the unique single family neighborhood that comprises
Coconut Grove.
3.6 Single -Family Residential District
The single family residential district is intended to protect the low density residential and
dominant tree canopy characteristics of Coconut Grove and prevent the intrusion of
additional density, uses, and height."
6. NCD-3 is mute on multifamily properties.
7. The eastern property, identified with the folio #: 0141390030060 is designated with EP-46
(Environmental Protection 46) designation and also faces South Miami Avenue, which is a
designated "Transportation Scenic Corridor", meaning that any restriction or condition to
develop, shall be reviewed at the time of redevelopment.
8. The impact of the requested rezoning is as follow:
BUILDING DISPOSITION
LOT OCCUPATION
T3-R
T4-R
a. lot Area
5,000 s.f. min.
5,000 s.f. min.; 20,000 s.f.
max.
- With rear vehicular access
N/A
1,400 s.f. min.; 20,000 s.f.
max.
b. Lot Width
50 ft. min.
50 ft. min.
- With rear vehicular access
N/A
16 ft. min.
c. Lot Coverage
50% max. first floor
30%max. second floor (T3R &
T3-L only)
60%max.
e. Frontage at front Setback
N/A
50% max.
Green Space
25% Lot Area min
N/A
f. Open Space
N/A
15% Lot Area min.
g. Density
T3 R=9 du/acre max.;
36 du/acre max.
File ID#:14-00729zc
Page 2 of 3
City of Miami
Planning and Zoning Department
Division of Land Development
BUILDING SETBACK
T3-R
T4
a. Principal Front
20 ft. min.
10ft. min.
b. Secondary Front
10 ft. min.
10ft. min.
c. Side
5 ft min.
0 ft. or 5 ft. min. Abutting a
Setback
d. Rear
5 ft. min.
20 ft. min.
BUILDING CONFIGURATION
FRONTAGE
e. Stoop
prohibited
permitted
f. Shopfront
prohibited
permitted
g. Gallery
prohibited
permitted
h. Arcade
prohibited
permitted
BUILDING HEIGHT
a. Principal Building
2 Stories and 25 ft. to eave max.
3 Stories max. and 40 ft. max.
b. Outbuilding
2 Stories and 25 ft. to eave max.
2 Stories max.
9. The applicant is proposing this rezoning and plans to redevelop 23 townhomes with
underground parking.
10. The applicant also has voluntarily proffered a covenant attached hereto, limiting the
development in the proposed number of units, and limiting the height to thirty-two (32) feet
to the primary roof of the townhomes, thirty-seven (37) feet for any equipment required to
operate and maintain the buildings on the Property, and up to forty feet (40') only for
ornamental features. The proffered covenant, as presented does not measure heights
consistent with Miami 21 Code.
Based on the aforementioned findings the Planning and Zoning Department
recommends denial for the application as presented.
Antonio E/Perez
Chief ofdLand Development
SEG
10/3/2014
File ID#:14-00729zc
Page 3 of 3
Yes No N/A.
Analysis for ZONING CHANGE
File ID: 14-00729zc
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.
I) 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.
MIAMI 21 ZONING MAP (EXISTING)
0 150 300 600 Feet ADDRESS: 2900 S MIAMI AV, 2890, 2900, 2920,
I I
I
2940, 2960 S FEDERAL HWY
MIAMI 21 ZONING MAP (PROPOSED)
0 150 300
I
1
600 Feet
1
ADDRESS: 2900 S MIAMI AV, 2890, 2900, 2920,
2940, 2960 S FEDERAL HWY
0
150 300 600 Feet ADDRESS: 2900 S MIAMI AV, 2890, 2900, 2920,
2940, 2960 S FEDERAL HWY
This instrument was prepared by and
after recordation return to :
Name: Lucia Dougherty, Esq. .
Address: Greenberg Traurig
333 SE 2nd Avenue, 2nd Floor
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") is made this day of
, 2014, by SOUTHEASTERN INVESTMENT GROUP CORPORATION
(hereinafter the "Owner"), a Florida limited liability company, its successors and/or assigns, in favor
of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida
(hereinafter the "CITY").
RECITALS
WHEREAS, the Owner owns the parcels of land located at 2900 S. Miami Ave and
2890, 2900, 2920, 2940 & 2960 S. Federal Highway in Miami, Florida, as more particularly
described in EXHIBIT A attached hereto (the "Property"); and
WHEREAS, on July 2014, the Owner filed applications for a: (a) Comprehensive Plan
amendment to redesignate the Property from "Single Family Residential" to "Low Density
Multifamily Residential" on the City's Future Land Use Map; and (2) Rezoning of the Property
from T3-R to the T4-R Transect Zone on the City's Zoning Atlas, in order to permit the
development of a townhome project (collectively the "Application"); and
MIA 184107677v1
WHEREAS, the Owner seeks to submit a recordable agreement guaranteeing the
development of the Property in substantial conformance with the promises made in the written
and graphic conceptual drawings submitted in connection with the Application.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property
shall be subject to the following restrictions that are intended and shall be deemed to be a
covenant running with the land and binding upon the Owner of the Property, and its heirs,
successors and assigns as follows:
Section 1. The recitals set forth above are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. The Owner hereby makes the following voluntary declarations running with
the land concerning the Property:
A. Residential Density. Notwithstanding the rezoning of the Property to the T4
Transect Zone, the maximum number of dwelling units permitted on the Property shall be
twenty-three (23) townhomes.
B. Open Space. The minimum area of open space for the development of the
Property shall be fifty (50) percent.
C. Height. The maximum height permitted for the development of the Property
shall be thirty-two (32) feet to the primary roof of the townhomes, thirty-seven (37) feet
for any equipment required to operate and maintain the buildings on the Property, and
forty (40) feet for any architectural projections or ornamental features.
D. Setbacks. Each of the townhome units shall have a minimum front setback of
fourteen (14) feet, a minimum rear setback of twenty (20) feet, and a minimum secondary
front setback of ten (10) feet.
MIA 184107677v1
E. Parking. The Owner shall provide underground parking to serve the townhome
units on the Property.
Section 3. Effective Date. The provisions of this Declaration shall become effective
upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue
in effect for a period of thirty (30) years after the date of such recordation, after which time they
shall be extended automatically for successive periods of ten (10) years. This instrument shall
constitute a covenant running with the title to the Property and shall be binding upon Owners,
their successors and assigns.
Section 4. Amendment and Modification. This instrument may be modified,
amended, or released as to any portion of the Property by a subsequent written instrument
executed by the then Owners of the fee -simple title to the Property to be affected by such
modification, amendment or release and providing that same has been approved by the Miami
City Commission after proper advertisements and public hearings, per the code at such time,
which shall be applied for at the expense of the Owner.
Section 5. Inspection and Enforcement. An enforcement action may be brought by
the City by action in law or in equity against any party or person violating or attempting to
violate any covenants of this Declaration, or provisions of the building and zoning regulations,
either to restrain violations or to recover damages. The prevailing party in the action or suit shall
be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be
in addition to any other remedies available under the law.
Section 6. Severability. Invalidation of any one of these covenants by judgment of
Court shall not affect any of the other provisions of the Declaration, which shall remain in full
effect.
MIA 184107677v1
Section 7. Recording. This Declaration shall be recorded in the Public Records of
Miami -Dade County at the Owners' expense.
Witnesses: SOUTHEASTERN INVESTMENT
GROUP CORPORATION
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
Name:
Title:
The foregoing instrument was acknowledged before me by as
of Southeastern Investment Group Corporation, a Florida corporation. He
is ❑ personally known to me or ❑ has produced , as identification.
Witness my signature and official seal this _ day of 2014, in the County and
State aforesaid.
Notary Public State of
My Commission Expires: Print Name
MIA 184107677v1
EXHIBIT "A"
LEGAL DESCRIPTION
MIA 184107677v1
File ID 14-00729zc
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-082
December 17, 2014
Item PZAB.2
Mr. David Young offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING DENIAL OF AN
ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-R "SUB-
URBAN TRANSECT ZONE- RESTRICTED" WITH AN NCD-3 "COCONUT GROVE NEIGHBORHOOD
CONSERVATION DISTRICT" OVERLAY TO T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" WITH AN
NCD-3 "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT" OVERLAY, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 2900 SOUTH MIAMI AVENUE AND 2890, 2900, 2920, 2940 AND 2960 SOUTH
FEDERAL HIGHWAY, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the PZAB considered the application, the staff analysis, and all evidence and testimony presented at the
public hearing on December 17, 2014, and made no other motions.
Upon being seconded by Ms. Maria Beatriz Gutierrez, the motion passed and was adopted by a vote of
11-0:
Ms. Jennifer Ocana Barnes
Mr. Chris Collins
Ms. Maria Lievano-Cruz
Mr. Charles A. Garavaglia
Mr. Charles A. Gibson
Ms. Maria Beatriz Gutierrez
Dr. Ernest Martin
Mr. Daniel Milian
Mr. Juvenal Pita
Ms. Melody L. Torrens
Mr. Manuel J. Vadillo
Mr. David H. Young
Franci 6o Garcia Director
Planninn'-arVd Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Yes
No Vote
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
, Li?d114
Execution Date
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS r�[-" b Y OF ' 'CO/ , 2014.
V6( 2,-,5 5--11--i j1(3
Print Notary Name
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath c
Notary Public State of Florida
My Commission Expires:
r
•tgnim••.; VANESSATRUJILLO
a mr :A MY COMMISSION # 6E 105250
" EXPIRES: Bonded ThruyNotary Public Underwriters
Exhibit "A"
BEGINNING, Co�� PORTION --LEGAL DESCRIPTION
THE FOLLOWING DESCRIBED ~ L"' 22, To WIT: FOR A POINT OF
/ RUN WESTERLY m�m�c AT THE NORTHEASTERLY CORNIER or LOT 22; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 22 4*D{3TANCE
OF s4|D LOT THENCE xvw SOUTHERLY AND PARALLEL TO THE EASTERLY L|N
0p 5 FEET; TH=E
OF LOT u�/ '2zm THE POINT OF INTERSECTION OF THE SOUTHERLY LINE
L0T 22 To THENCE xum EASTERLY ALONG THE SOUTHERLY LINE OF SAID
THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
ACCORDING
vr xEauaD|VI3|ON OF BLOCKS 61 AND 62 OF FLAGLER
730F THE m THE PLAT THEnE0F, AS RECORDED IN PLAT 8Q8K 42 PAC`
' PUBLIC o RECORDS OF M/4MI—DADECOUNTFLORIDA. ' �
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