HomeMy WebLinkAboutAnalysis, Maps & PZAB reso (2)City of Miami
Planning and Zoning Department
Division of Land Development
ANALYSIS FOR
CHANGE OF ZONING
FILE ID: 14-00729zc
APPLICANT: Jorge Navarro, on behalf of Southeastern Investment Group Corp (the "Owner")
PROJECT ADDRESS: Approximately 2890, 2900, 2920, 2940, and 2960 South Federal
Highway; and 2900 South Miami Ave.
NET OFFICE: North / East Coconut Grove NET COMMISSION DISTRICT: District 2
GENERAL INFORMATION:
REQUEST: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the
applicant is requesting a change of zoning for six (6) parcels zoned T3-R "Sub -Urban
Transect Zone -Open" with NCD-3 "Coconut Grove Neighborhood Conservation District"
overlay to T4-R "General Urban Center Transect Zone — Restricted" with NCD-3 "Coconut
Grove Neighborhood Conservation District" overlay.
The subject properties are located within the North / East Coconut Grove NET area, they are
a row of parcels fronting South Federal Highway in a triangular block that limits to the north
with South Federal Highway, to the southeast with South Miami Avenue, and to the southwest
with SW 30th Road. (Complete legal description is on file with the Hearing Boards Section).
HEARINGS HISTORY
This request for rezone has a companion item (File ID #: 14-007291u); they were originally
heard by the PZAB on December 17, 2014. These items were sent to the City Commission
with the Planning and Zoning Department and PZAB recommendation for denial.
At its meeting on April 23, 2015, the City Commission was informed that the applicant had
revised the original proposal through a restrictive covenant and proposed site plan to address
the concerns of the department and surrounding property owners. As such, the City
Commission remanded this case to the Planning Zoning, and Appeals Board to be
reconsidered at the light of the new changes, with a revised staff report that analyzed the new
restrictive covenant and plans submitted by the applicant.
City of Miami
Planning and Zoning Department
Division of Land Development
BACKGROUND:
The subject properties were previously zoned R-1 "Single -Family Residential" with NCD-3
overlay, under Zoning Ordinance 11000 and was subsequently rezoned on April 2010 under
Miami 21 to T3-R "Sub -Urban Transect Zone — Restricted" with NCD-3 overlay, keeping the
character of the area to the south of South Federal Highway.
The subject parcels are located within an Archaeological Conservation Area with "Moderate
Probability" of occurrence, in addition, the eastern subject property, identified with the folio
#: 0141390030060, is assigned with EP-46 (Environmental Protection 46) designation; this
property also faces South Miami Avenue, which is a designated "Transportation Scenic
Corridor", meaning that any development proposed the subject properties shall be reviewed
and approved by the Historic, Environmental and Preservation (HEP) officer or board (HEPB),
as applicable.
The application for rezoning as proposed implies an increase of density, intensity and height
for the subject parcels which will buffer the single family residential neighborhood to the south
from the traffic and noise of South Federal Highway corridor, hence the rezoning deemed to
be aligned with the principles of Miami 21 Code in regard to transitional zoning.
Additional characteristics of the subject properties is that they front South Federal Highway to
the north, a major traffic corridor which has significantly increased in terms of traffic and noise
as a result of the recent redevelopment to the north and east of the subject properties,
specifically Downtown and Brickell area.
COMPREHENSIVE PLAN:
The subject parcels are zoned T3-R "Sub -Urban Transect Zone -Open" with NCD-3 "Coconut
Grove Neighborhood Conservation District" overlay and is consistent with the surrounding
zoning to the East, West and South, becoming part of an established Single -Family
Residential neighborhood.
The requested zoning designation of T4-R is inconsistent with the current Miami
Comprehensive Neighborhood Plan (MCNP) designation of Single Family - Residential which
requiring a Future Land Use Map (FLUM) amendment. As such, the applicant has submitted
a companion item identified with the file ID No. 15-007291u with this request to amend the land
use designation for the subject parcels.
File ID#:14-00729zc
Page 2of6
City of Miami
Planning and Zoning Department
Division of Land Development
TABLE 1. PROPERTIES: DESCRIPTION AND REQUEST
NET DISTRICT OFFICE: North / East Coconut Grove NET
#
Folio
Address
FLUM
Zoning classification
Current
Proposed
Current
Proposed
1
0141390030060
2900 S. Miami Ave.
Single Family
- Residential
Low Density-
Multifamily
Residential
T3-R (Sub -Urban
Transect Zone
Restricted) with
NCD-3 overlay
T4R (General
Urban Transect
Zone -
Restricted with
NCD-3 overlay)
2
0141390030070
2890 S. Federal Hwy.
3
0141390070040
2900 S. Federal Hwy.
4
0141400070030
2920 S. Dixie Hwy.
5
0141400070020
2940 S. Federal Hwy.
6
0141400070010
2960 S. Dixie Hwy.
NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T3-R (Sub -Urban Transect Zone- Restricted) NCD-3 "Coconut
Grove Neighborhood Conservation District" overlay
Surrounding Properties
NORTH: Subject properties are isolated to the North
by an urban barrier comprised by South
Federal Highway and 1-95.
EAST: T3-R (Sub -Urban Transect Zone- Restricted)
NCD-3 "Coconut Grove Neighborhood
Conservation District" overlay
SOUTH: T3-R (Sub -Urban Transect Zone- Restricted)
NCD-3 "Coconut Grove Neighborhood
Conservation District" overlay
WEST: T3-R (Sub -Urban Transect Zone- Restricted)
NCD-3 "Coconut Grove Neighborhood
Conservation District" overlay
FUTURE LAND USE
DESIGNATION
Single Family - Residential
Maximum of 9 D.U. per acre
Single Family
Maximum of 9
Single Family
Maximum of 9
Single Family
Maximum of 9
- Residential
D.U. per acre
- Residential
D.U. per acre
- Residential
D.U. per acre
File ID#:14-00729zc
Page 3of6
City of Miami
Planning and Zoning Department
Division of Land Development
In regards to the uses allowed, "Table2. Excerpt of Article 4 Table 3 of Miami 21 Code" shows
how the new uses will impact the surrounding area with the proposed rezoning.
Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code
DENSITY (UNITS PER ACRE)
RESIDENTIAL
SINGLE FAMILY RESIDENCE
COMMUNITY RESIDENCE
ANCILLARY UNIT
TWO FAMILY RESIDENCE
MULTI FAMILY HOUSING
DORMITORY
HOME OFFICE
LIVE - WORK
9
9
18
R
R
R
R
R
R
R
R
R
R
R
36
36
36
R R R
R R R
R'
R
R
R'
R
R
R
R
E
E
R
R
R
R
R
LODGING
BED & BREAKFAST
INN
CIVIC
COMMUNITY FACILITY
RECREATIONAL FACILITY
RELIGIOUS FACILITY
CIVIL SUPPORT
COMMUNITY SUPPORT FACILITY
INFRASTRUCTURE AND UTILITIES
MARINA
PUBLIC PARKING
TRANSIT FACILITIES
EDUCATIONAL
CHILDCARE
ELEMENTARY SCHOOL
LEARNING CENTER
MIDDLE / HIGH SCHOOL
PRE-SCHOOL
RESEARCH FACILITY
SPECIAL TRAINING / VOCATIONAL
E
E
E
E
W
R
R
R
W
W
E
R
R
E
R
R
W
W
W
E
E
E
E
E
E
E
E
E
W
W
W
W
W
E
W
W
W
W
W
W
E
W
W
E
E
E
E
E
E
E
E
E
E
E
R
R
E
File ID#:14-00729zc
Page 4 of 6
City of Miami
Planning and Zoning Department
Division of Land Development
ANALYSIS:
The following is a review of the request pursuant to the rezoning criteria in Article 7, Section
7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report is hereby
incorporated into the analysis and its corresponding criteria by reference:
Criteria A rezoning may be made only to the next intensity Transect Zone or by a
Special Area Plan, and in a manner which maintains the goals of the Miami 21
Code to preserve Neighborhoods and to provide transitions in density, and
building heights.
Analysis: 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.
The subject properties are proposed for a successional up -zoning from T3-R
with NCD-3 "Coconut Grove Neighborhood Conservation District" overlay to
T4-R with NCD-3 "Coconut Grove Neighborhood Conservation District" overlay
in a well -established neighborhood, however, the proposed rezoning will allow
to increase the density from 9 DU/acre in T3-R to 36 DU/acre in T4-R. NCD-3
is mute on multifamily properties.
To prevent any adverse impact to the neighborhood, the applicant submitted a
revised restrictive covenant that includes eliminating the possibility of
educational and lodging uses, limiting the density of the subject parcel to 18
residential units, and providing a design that includes full underground parking
garage and lush landscape areas.
A comparison between the development capacity allowed on T3 against what
is allowed on T4 is irrelevant on this analysis given the self-imposed restriction
by the applicant in the covenant and the site plan tied to it.
The requested rezoning for parcels facing South Federal Highway proposes to
create a buffer protecting the T3-R with NCD-3 overlay neighborhood to the
south, and at the same time provide a transition in height and intensity from the
corridor to the south.
Finding: The request as presented complies with the requirements to be considered,
and conditioned by the design and the restrictive covenant submitted, is
deemed consistent with the goals and objectives of the Miami 21 Code.
CONCLUSION:
Based on the aforementioned findings described hereon in the Tight of the new development
elements and the self-imposed restrictions proposed by the applicant, the Planning and Zoning
Department consider the proposed change as an appropriate density and intensity to face South
File ID#:14-00729zc
Page 5of6
City of Miami
Planning and Zoning Department
Division of Land Development
Dixie Highway and buffering the single -Family Residential neighborhood to the south of said
intense corridor
It is staff's opinion that the Restrictive Covenant submitted by the applicant limiting the uses and
development capacity, in addition to the Site Plan prepared by Borges Architects + Associates,
dated April 24, 2015 and tied to said Restrictive Covenant, with the amendments proposed by
staff, provides substantial mitigation to possible adverse impact associated with the requested
rezoning.
RECOMMENDATION:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned
findings, the Planning & Zoning Department recommends approval of the proposed rezoning as
amended with the additional modifications proposed by staff to the restrictive covenant.
Christopher Brimo
Chief of Land Development
4/28/2015 S. Garrido
File ID#:14-00729zc
Page 6 of 6
Analysis for ZONING CHANGE
File ID: 14-00729zc
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.
® ❑ ❑ 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.
0
150
MIAMI 21 ZONING MAP (EXISTING)
300
600 Feet
ADDRESS: 2900 S MIAMI AV, 2890, 2900, 2920,
2940, 2960 S FEDERAL HWY
0
150
MIAMI 21 ZONING MAP (PROPOSED)
300
600 Feet
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
File ID 14-00729zc
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-1 5-021
May 6, 2015
Item PZAB.2
Ms. Maria Lievano - Cruz offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL WITH THE PROFFERED COVENANT AS MODIFIED 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.
Upon being seconded by Mr. Manuel J. Vadillo, the motion passed and was adopted by a vote of 6 - 1:
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 Pif a
Ms. Melody L. Torrens
Mr. Manuel J. Vadillo
Mr. David H. Young
Frandiseo-Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Absent
Yes
Yes
Yes
Yes
Absent
No
Absent
Yes
Absent
Yes
Absent
)—) S—
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 DAY OF I~ a..4.4 , 2015.
Val-e'S .`�%j I (0
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 ois
Notary Public State of Florida
My Commission Expires:
VANESSA TRUJILLO
MY COMMISSION # EE 105250
EXPIRES: July 11, 2015
Bonded Thru Notary Publlo Underwriter
Exhibit "A"
LEGAL
DESCRIPTION:
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