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Home My WebLink AboutPZAB 11-07-12 Supporting DocsPZAB.6 File ID: Title: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 12-01180zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM 1) "T3-L" SUB -URBAN ZONE -LIMITED TO "T3-O" SUB -URBAN ZONE -OPEN AT SOUTHWEST 4TH AND 5TH STREETS AT 30TH AVENUE; 2) "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE NORTHWEST CORNER OF SOUTHWEST 27TH AVENUE AND DAY AVENUE; 3) "T5- L" URBAN CENTER ZONE -LIMITED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE NORTH SIDE OF BIRD ROAD BETWEEN SOUTHWEST 37TH COURT AND SOUTHWEST 39TH AVENUE; 4) "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN AT APPROXIMATELY 5808 NORTHEAST 4TH COURT & 454 NORTHEAST 58TH STREET; 5) "T5-L" URBAN CENTER ZONE - LIMITED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE PROPERTIES SOUTH OF TIGERTAIL AVENUE BETWEEN SOUTHWEST 27TH AVENUE AND MARY STREET; 6) "T1" NATURAL ZONE WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO "CS" CIVIC SPACE WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT AT APPROXIMATELY 2731 AND 2901 BRICKELL AVENUE; AND 7) "Cl" CIVIC INSTITUTION TO "T6-80-0" URBAN CORE -OPEN AT THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST AVENUE, FURTHER IDENTIFIED IN EXHIBIT "A"; THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.b.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY'S NEIGHBORHOODS, RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.b.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FOR A REZONING PURSUANT TO SECTION 7.1.2.8.g.5; FURTHER DIRECTING THE PLANNING AND ZONING DEPARTMENT TO REVERT ANY ACCOMPANYING FUTURE LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Certain Properties Citywide Applicant(s): Johnny Martinez, City Manager, on behalf of City of Miami Zoning: 1) T3-L; 2) T4-R; 3) T5-L; 4) T5-R; 5) T5-L; 6) T1 with an NCD-3; and 7) CI Purpose: This will change the certain properties to the zoning designation described above. Planning and Zoning Department Recommendation: Approval. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: November 7, 2012 ANALYSIS FOR ZONING CHANGE OF SELECTED PROPERTIES CITY WIDE 12-01180zc Article 7, Section 7.1.2.8,b.(2) of Ordinance 13114, the Zoning Ordinance of the City of Miami states that, the City may conduct a comprehensive review of the Miami 21 Atlas every two years to evaluate the development direction of the City's neighborhoods and determine if additional amendments are appropriate. The Planning and Zoning Department having conducted said biennial has found the following changes to be appropriate and consistent with the development direction of the city's neighborhoods. Recommended Changes: ZC # Parcels 1 lots Folio # Address Zoning Designation Current Proposed 0141040150040 0141040150050 0141040150060 0141040150070 0141040150069 0141040150071 2970 SW 4 ST 2988 SW 4 ST 2996 SW 4 ST 445 SW 30 AVE 2981 SW 5 ST 2979SW5ST T3-L T3-L T3- T3-0 T3-0 T3-0 T3-0 T3-0 2 1 0141210250010 2701 DAY AVE T4-R T5-0 0141170031010 3899 SW 40 ST T5-L `. T5-0 2 0141170031011 3861 SW 40 ST T5- T5-0` 0141170030900 3855 SW 38'CT T5-L T5-0 0141170031170 3851 BIRD RD T5`-L T5-0 0141170031180 3845 BIRD RD T5-L T5-0 6 0141170031 90 3841 SW 40 ST T5-L T5-0 014 700 240 3811SW40ST T5-L T5- 0141170031250 3801 SW 40 ST T5-L T5-0 9 0141170031400 3791 BIRD RD T5-L T5-0 10 11 0141170031410 0141170031420 3771 BIRD RD • 3775_BIRD AVE T5-L T5-L T5-0 T5-0 12 0141170031450 3755 SW 40 ST T5-L T5-0' 13 0141170031490 3753 BIRD RD T5-L T5-0 ZC # Parcels I lots Folio # Address Zoning Designation Current Proposed 4 1 2 0132180380170 0132180380180 5808 NE 4 CT 454 NE 58 ST T5-R T5-R T5-0 T5-0 0141210161110 2765 S Bayshore DR T5-L T5-0' File ID#: 12-01180zc 6 2 0141211990040 0141211990010 0141390012640 2850 Tigertail AV 3300 SW 27 AVE 2731 Brickell Ave 0141390012660 2901 Brickell Ave T5-L' T1 T5-0 T5-0 CS 0101000000294 0101000000295 195 NW 2nd Street 200 NW 1st Avenue CI T6-8-0 T6-8-0 Review and analysis for each proposed zoning change has been conducted and findings and recommendations are as follow: Zoning Area / Parcel # 1 ZC # Parcels I lots Folio # Address Zoning Designation Current Proposed 1 0141040150040 2970 SW 4 ST T3-L T3-0 2 0141040150050 2988 SW 4 ST T3-L T3-0 1 3 4 0141040150060 0141040150070 2996 SW 4 ST 445 SW 30 AVE T3-L T3-L T3-0 T3-0 5 0141040150069 2981 SW 5 ST T3-L T3-0 6 0141040150071 2979 SW 5 ST T3-L T3-0 Review and analysis of this area / parcel finds that: • The Planning and Zoning Department detected an inconsistency between the Miami Comprehensive Neighborhood Plan — Future Land Use Map (FLUM) designation and the current zoning designation on certain parcels within the study area. • As a result, the Planning and Zoning Department conducted a study covering a five (5) block area (twenty four (24) lots), analyzing the area based on: (a) visual analysis, (b) site visits, (c) aerial images, (d) land use and zoning designations, (e) building function: uses, (f) density, intensity and parking. • The subject properties comply with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 (a) Successional Zoning from T3-L to T3-0. • Nine (9) parcels within the study area require Land Use changes in order to correct the inconsistencies found and realign the Zoning Atlas with the Miami Comprehensive Neighborhood Plan (MCNP) FLUM. Land Use designation will change said properties from "Single Family Residential" to "Duplex Residential". Based on the aforementioned findings, the Planning and Zoning Department recommends approval of the changes as presented. File I D#: 12-01180zc Analysis for ZONING CHANGE Yes No N/A. ® n • n ® ❑ Alk ® ❑ File ID: 12-01180zc #1 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. U c) The proposed change is related to adjacent and nearby districts. j-j d) The change suggested is not out of scale with the needs of the neighborhood or the city. n 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. n 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. n j) The proposed change has the same or similar impact on drainage as the existing classification. E k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. [-j n I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. ® n ❑ 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. ® ❑ E P ❑ 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 (EXISTING) �T5-L W SW 2ND ST SW 3RD ST SW 29TH AVE T3-O SW 4TH ST SW 5TH ST T3-L SW 6TH ST SW 7TH ST 0 150 300 600 Feet T6-8-O H T5-L T4-R ADDRESS: 2970, 2988, 2996 SW4 ST 2979 2981 SW 5 ST & 445 SW 30 AV MIAMI 21 (PROPOSED) �T5-L W SW 2ND ST SW 3RD ST SW 29TH AVE T3-O SW 4TH ST SW 5TH ST J T3-L SW 6TH ST J \ 0 150 300 SW 7TH ST 600 Feet T6-8-O H T5-L T4-R ADDRESS: 2970, 2988, 2996 SW 4 ST 2979 2981 SW 5 ST & 445 SW 30 AV 0 150 300 600 Feet ADDRESS: 2970, 2988, 2996 SW 4 ST 2979 2981 SW 5 ST & 445 SW 30 AV Zoning Area / Parcel #2 ZC # Parcels I lots Folio # Address Zoning Designation Current Proposed 2 1 0141210250010 2701 DAY AVE T4-R T5-0 Review and analysis of this area / parcel finds that: • T5-0 Transect Zone Designation stretches from SW 28th Terrace south, excluding only to the subject property on the northwest corner of Day and SW 27fh Avenues. This strip is roughly five blocks long and includes both sides of SW 271h Avenue. • The subject property is the only parcel in this five block stretch that is zoned T4-R and is inconsistent with the continuation of the T5-0 designated to abutting properties to the north, south and east. • T4-R is an intrusion into the established T5-0 corridor and should be rezoned to T5-0 in order to maintain consistency in the corridor. • The subject properties comply with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 (a) Successional Zoning from T4-R to T5-0. • The Miami Comprehensive Neighborhood Plan Future Land Use Map (FLUM) designation of "Restricted Commercial" is consistent with the T5-0 zoning designation proposed. Based on the aforementioned findings, the Planning and Zoning Department recommends approval of the changes as presented. File ID#: 12-01180zc Analysis for ZONING CHANGE Yes No ® E. ® 1- ® L IEl - ® E ® ❑ ® ® ❑ N/A. File ID: 12-01180zc #2 a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. j� b) The proposed change is in harmony with the established land use pattern. Li 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. I —I 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. n h) The proposed change positively influences living conditions in the neighborhood. C 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. C m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ® ❑ C 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. ® I (-I p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. 0 150 300 MIAMI 21 MAP (EXISTING) 600 Feet ADDRESS: 2701 DAY AVENUE MIAMI 21 MAP (PROPOSED) V) OAK AVE SHIPPING AVE 0 150 300 600 Feet ADDRESS: 2701 DAY AVENUE 0 150 300 600 Feet ADDRESS: 2701 DAY AVENUE Zoning Change #3 Parcels 1 lots Folio # Address Zoning Designation Current I Proposed 1 0141170031010 3899 SW 40 ST T5-L T5-0 2 0141170031011 3861 SW 40 ST T5-L T5-0 3 0141170030900 3855 SW 38 CT 75-L T5-0 4 0141170031170 3851 BIRD RD T5-L T5-0 5 0141170031180 3845 BIRD RD T5-L T5-0 6 0141170031190 3841 SW 40 ST T5-L T5-0 3 7 0141170031240 3811 SW 40 ST T5-L T5-0 8 0141170031250 3801 SW 40 ST T5-L T5-0 9 0141170031400 3791 BIRD RD T5-L T5-0 10 0141170031410 3771 BIRD RD T5-L T5-0 11 0141170031420 3775 BIRD AVE T5-L T5-0 12 0141170031450 3755 SW 40 ST T5-L T5-0 13 0141170031490 3753 BIRD RD T5-L T5-0 Review and analysis of this area / parcel finds that: • The subject properties front Bird Road located between SW 39th Avenue on the west and SW 37th Court to the east. • The proposed change of zoning designation from T5-L to T5-0 is consistent with the long-term, established uses for this section of Bird Road. T5-0 assigns the correct Transect classification for the existing commercial uses which provide services to the surrounding area. • The proposed T5-0 preserves the existing zoning transition between the subject properties and the T6-12-0 Transect Zone to the south and T3-0 Transect Zone to the north. • The proposed zoning change complies with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 (a) Successional Zoning from T5-L to T5-0. • The proposed zoning designation is consistent with the Miami Comprehensive Neighborhood Plan (MCNP) FLUM designation of "Restricted Commercial". Based on the aforementioned findings, the Planning and Zoning Department recommends approval of the changes as presented. File I D#: 12-01180zc Analysis for ZONING CHANGE File ID: 12-01180zc #3 Yes No N/A. ® Li Li 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. U c) The proposed change is related to adjacent and nearby districts. 1-1 d) The change suggested is not out of scale with the needs of the neighborhood or the city. n ® n II n I� ® C r 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. C h) The proposed change positively influences living conditions in the neighborhood. C 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. C 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. C 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. SW 40TH ST 0 150 300 MIAMI 21 MAP (EXISTING) 600 Feet I SW 28TH ST SW 29TH ST BIRD RD PEACOCK AVE SHIPPING AVE T6=1-2-0 ADDRESS :3899, 3861, 3841, 3811, 3801 & 3755 SW4O ST 3851, 3845, 3791, 3771, 3775 & 3753 BIRD RD ❑ 3855 SW 38 CT MIAMI 21 MAP (PROPOSED) SW 40TH ST 0 150 300 600 Feet I SW 28TH ST SW 29TH ST BIRD RD PEACOCK AVE SHIPPING AVE T6=1-2-0 ADDRESS :3899, 3861, 3841, 3811, 3801 & 3755 SW40 ST 3851, 3845, 3791, 3771, 3775 & 3753 BIRD RD ❑ 3855 SW 38 CT 0 150 300 1 1 1 1 1 1 600 Feet 1 I ADDRESS :3899, 3861, 3841, 3811, 3801 & 3755 SW 40 ST 3851, 3845, 3791, 3771, 3775 & 3753 BIRD RD ❑ 3855 SW 38 CT Zoning Area / Parcel #4 ZC # 4 Parcels I lots 1 2 Folio # Address Zoning_ esignation Current 1 Proposed 0132180380170 5808 NE 4 CT T5-R T5-0 0132180380180 454 NE 58 ST T5-R T5-0 Review and analysis of this area / parcel finds that: • Originally designated C-1, during the Miami 21 Code adoption the subject properties were categorized T5-R "Urban Center Transect Zone — Restricted" a classification which does not allow the existing commercial uses. • The T5-0 "Urban Center Transect Zone — Open" classification facilitates the continuous operation of small neighborhood -service businesses functioning from the subject property. • The subject property has been designated Historic and cannot be altered or demolished. • The subject properties comply with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 (a) Successional Zoning from T5-R to T5-0. • The current Miami Comprehensive Neighborhood Plan (MCNP) FLUM designation is "Restricted Commercial", which is compatible with the zoning classification requested. Based on the aforementioned findings, the Planning and Zoning Department recommends approval of the change as presented. File ID#: 12-01180zc Analysis for ZONING CHANGE Yes No N/A. Z r n n C n Z File ID: 12-01180zc #4 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. fj 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. Z 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. Z ❑ C ® C Z Z Z ❑ 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. C 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. C m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. Z ❑ Z ❑ Z n 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. C o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. (l 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 MAP (EXISTING) UNNAMED NE 59TH TER D1 T5-L NE 58TH TER L NE 58TH ST T3-O\ NE 57TH ST T5-L NE 56TH ST Pot CS NE 59TH ST 1- U w 11 111.111.1 1■111 NE 58TH ST Water Pump House Historic Resource 0 150 300 600 Feet Y mil T4-R Cushman �.1 NE 56TH ST Morningside ADDRESS: 5808 NE 4 CT & 454 NE 58 ST MIAMI 21 MAP (PROPOSED) Cushman NE 59TH TER 1 NE 58TH TER NE 58TH ST 3-O\ NE 57TH ST Palm Grove NE 59TH ST 1 U H �t T5-Omin Z NE 58TH ST Water Pump House Historic Resource NE 56TH ST 0 150 NE 56TH ST 300 600 Feet ADDRESS: 5808 NE 4 CT & 454 NE 58 ST 0 150 300 NE 59TH ST' Water Pump House Historic Resource 600 Feet ADDRESS: 5808 NE 4 CT & 454 NE 58 ST Zoning Area 1 Parcel # 5 ZC # Parcels llots Folio # Address Zoning Designation Current Proposed 5 1 0141210161110 2765 S Bayshore DR T5-L T5-0 2 0141211990040 2850 Tigertail AVE T5-L T5-0 3 0141211990010 3300 SW 27 AVE T5-L T5-0 Review and analysis of this area / parcel finds that: • During the Miami 21 Code adoption, the northern portion of the properties were designated with T5-L "Urban Center Transect Zone — Limited" classification. • The proposed T5-0 maintains the same zoning designation on both sides along this portion of Tiger Tail Avenue and preserves the transition between T6-12 0 to the South • The subject properties comply with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 (a) Successional Zoning from T5-R to T5-0. • The current Miami Comprehensive Neighborhood Plan (MCNP) FLUM designation is "Restricted Commercial", which is compatible with the zoning classification requested. Based on the aforementioned findings, the Planning and Zoning Department recommends approval of the change as presented. File ID#: 12-01180zc Analysis for ZONING CHANGE Yes No N/A. Z Z Z L Z n Z r Z E. Z n U u r File ID: 12-01180zc #5 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. (l g) Changed or changing conditions make the passage of the proposed change necessary. Z ❑ E Z T. Z E Z ❑ Z n Z E Z r- Z F h) The proposed change positively influences living conditions in the neighborhood. C 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. n o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. Z ❑ I- p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. 0 150 300 1 1 1 1 1 1 MIAMI 21 MAP (EXISTING) 600 Feet 1 I ADDRESS: 2765 S BAYSHORE DR, 2850 TIGERTAIL AV & 3300 S W 27 AV 0 150 300 1 1 1 1 1 1 MIAMI 21 MAP (PROPOSED) 600 Feet 1 I ADDRESS: 2765 S BAYSHORE DR, 2850 TIGERTAIL AV & 3300 S W 27 AV 0 150 300 I III I 1 600 Feet 1 I ADDRESS: 2765 S BAYSHORE DR, 2850 TIGERTAIL AV & 3300 S W 27 AV Zoning Area / Parcel # 6 ZC # Parcels I lots Folio # Address Zoning Designation Current Proposed 6 1 0141390012640 2731 Brickell Ave. Ti CS 2 0141390012660 2901 Brickell Ave T1 CS Review and analysis of this area / parcel finds that: • This change consists of changing the zoning classification from T1 "Natural Transect Zones" to CS "Civic Space Zones" of the western portion of the Alice C. Wainwright Park. • The T1 Transect designation is intended for lands, permanently set aside for conservation in a natural state. The subject site has been modified with improvements related to its use. • The subject site has been and will continue to be used as a Park. This change assigns the proper zoning designation to the site and its use. • The proposed zoning designation is consistent with the existing Miami Comprehensive Neighborhood Plan (MCNP) FLUM designation of "Public Parks and Recreation" for the subject site. Based on the aforementioned findings, the Planning and Zoning Department recommends approval of the application as presented. File ID#: 12-01180zc Analysis for ZONING CHANGE Yes No N/A. ® n L ® E ® E File ID: 12-01180zc #6 a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. n b) The proposed change is in harmony with the established land use pattern. C c) The proposed change is related to adjacent and nearby districts. F l d) The change suggested is not out of scale with the needs of the neighborhood or the city. n 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. n g) Changed or changing conditions make the passage of the proposed change necessary. ® ❑ C h) The proposed change positively influences living conditions in the neighborhood. C 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. C 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. C m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. C 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. n o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. n p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. 0 150 300 I IIIII MIAMI 21 MAP (EXISTING) 600 Feet 1 I ADDRESS: 2731 & 2901 BRICKELL AV 0 150 300 1 1 1 1 1 1 MIAMI 21 MAP (PROPOSED) 600 Feet 1 I ADDRESS: 2731 & 2901 BRICKELL AV 0 150 300 I III I 1 600 Feet 1 I ADDRESS: 2731 & 2901 BRICKELL AV Zoning Area / Parcel # 7 ZC # Parcels I lots Folio # Address Zoning Designation Current Proposed 1 0101000000294 195 NW 2nd Street CI T6-80-0' 2 0101000000295 200 NW 1st Avenue CI T6-80-0 Review and analysis of this area / parcel finds that: • The subject properties consist of two parcels. Parcel #1 represents the south lot that abuts an alleyway on the north, NW 1st Avenue on the east, NW 1st Street on the south, and the metro rail on the west. Parcel #2 represents the north lot that abuts NW 3rd Street on the north, NW 1st Street on the east, an alleyway on the south, and the metro rail on the west. • The designated parcels are currently zoned CI "Civic Institution" Transect Zone. • The parcels are privately owned and were inappropriately assigned split zoning during the adoption of Miami 21; CI to the west and T6-80-0 to the East. • The proposed change corrects this error and provides consistent zoning designation for the entire privately owned parcel. • The proposed zoning change requires a Miami Comprehensive Neighborhood Plan Future Land Use Map amendment for consistency. From "Major Institutional, Public Facilities, Transportation, & Utilities" to CBD "Central Business District". Based on the aforementioned findings, the Planning and Zoning Department recommends approval of the change as presented. File ID#: 12-01180zc Analysis for ZONING CHANGE Yes No N/A. n EZ O El ® C C File ID: 12-01180zc #7 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. V 2ND S. 0 150 MIAMI 21 MAP (PROPOSED) NW 4TH ST CI NW 1ST ST T6-36B-0 300 600 Feet \\\\\\ \\\ \ SEOPW;Com. Plan \\ NW3RD ST;vvvvvv`vvvyyyyyyv`yy�\ NW 2ND STy\z, yy\\"`y``�� vvv\ W FLAGLER ST ADDRESS: 195 NW 2 ST & 200 NW 1 AV NW 0 150 MIAMI 21 MAP (EXISTING) NW 4THST_\ CI NW 1ST ST T6-366-0 300 600 Feet SEOPW;Com. NW.2ND ST yy?`yy\\vvvyvvvvvvv W FLAGLER ST ADDRESS: 195 NW 2 ST & 200 NW 1 AV 0 150 300 600 Feet ADDRESS: 195 NW 2 ST & 200 NW 1 AV City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01180zc Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM 1) "T3-L" SUB -URBAN ZONE -LIMITED TO "T3-O" SUB -URBAN ZONE -OPEN AT SOUTHWEST 4TH AND 5TH STREETS AT 30TH AVENUE; 2) "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE NORTHWEST CORNER OF SOUTHWEST 27TH AVENUE AND DAY AVENUE; 3) "T5-L" URBAN CENTER ZONE -LIMITED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE NORTH SIDE OF BIRD ROAD BETWEEN SOUTHWEST 37TH COURT AND SOUTHWEST 39TH AVENUE; 4) "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN AT APPROXIMATELY 5808 NORTHEAST 4TH COURT & 454 NORTHEAST 58TH STREET; 5) "T5-L" URBAN CENTER ZONE -LIMITED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE PROPERTIES SOUTH OF TIGERTAILAVENUE BETWEEN SOUTHWEST 27TH AVENUE AND MARY STREET; 6) "T1" NATURAL ZONE WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO "CS" CIVIC SPACE WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT AT APPROXIMATELY 2731 AND 2901 BRICKELL AVENUE; AND 7) "Cl" CIVIC INSTITUTION TO "T6-80-0" URBAN CORE -OPEN AT THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST AVENUE, FURTHER IDENTIFIED IN EXHIBIT"A"; THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.b.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY'S NEIGHBORHOODS, RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.b.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FORA REZONING PURSUANT TO SECTION 7.1.2.8.g.5; FURTHER DIRECTING THE PLANNING AND ZONING DEPARTMENT TO REVERT ANY ACCOMPANYING FUTURE LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Certain Properties Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): City of Miami Page 1 of 3 File Id: 12-01180zc (Version: 1) Printed On: 10/30/2012 File Number: 12-01180zc PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File Ds 12-011801u and 12-01180zt. PURPOSE: This will change the certain properties to the zoning designation described above. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item no. *, recommending * of the Zoning Change as set forth; and WHEREAS, the resulting Zoning Changes approved through the City's Biennial Evaluation of the Miami 21 Atlas, pursuant to Section 7.1.2.8.b.2, shall not prohibit, prevent or limit owners of affected properties identified herein from applying for a rezoning pursuant to Section 7.1.2.8.g.5; and WHEREAS, should the City Commission not approve any of the zoning changes recommended herein, the Planning and Zoning Department is hereby directed to revert any accompanying Future Land Use Change adopted for the Zoning Change in order to maintain consistency between the Zoning Atlas of Ordinance 13114 and the Miami Comprehensive Neighborhood Plan, Future Land Use Map; 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 these zoning change classifications as 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. 13114, is hereby amended by changing the zoning classifications of certain properties from 1) "T3-L" to "T3-O"; 2) "T4-R" to "T5-O"; 3) "T5-L" to "T5-O"; 4) "T5-R" to "T5-O"; 5) "T5-L" to "T5-O"; 6) "T1" with an "NCD-3" to "CS" with an "NCD-3"; and 7) "Cl" to "T6-80-0", for the properties described in "Exhibit A", attached and incorporated hereto. Section 3. Zoning Changes resulting from the City's Biennial Evaluation of the Miami 21 Atlas, pursuant to Section 7.1.2.8.b.2, shall not prohibit, prevent or limit owners of affected properties identified herein from applying for a rezoning pursuant to Section 7.1.2.8.g.5. Section 4. Should any of the Zoning Changes recommended herein not be approved, the Planning and Zoning Department is hereby directed to revert any accompanying Future Land Use Change adopted for the Zoning Change in order to maintain consistency between the Zoning Atlas of Ordinance 13114 and the Miami Comprehensive Neighborhood Plan, Future Land Use Map; 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 . Section 6. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or re -lettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. City of Miami Page 2 of 3 File Id: 12-01180zc (Version: 1) Printed On: 10/30/2012 File Number: 12-01180zc 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), Florida Statutes. {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 3 of 3 File Id: 12-01180zc (Version: 1) Printed On: 10/30/2012 EXHIBIT "A" - ZONING CHANGE # 1 w SW 2ND ST SW 3RD ST J \ SW 4TH ST !lIII iV Ili VI Cr)�7N 7 SW 5TH.ST `n SW6TH ST 0 150 300 SW 7TH ST 600 Feet ADDRESS: 2970, 2988, 2996 SW 4 ST 2979 2981 SW 5 ST & 445 SW 30 AV 0 150 EXHIBIT "A" - ZONING CHANGE # 2 300 600 Feet ADDRESS: 2701 DAY AVENUE EXHIBIT "A" - ZONING CHANGE # 3 x SW 40TH ST l� BIRD' RD SW 28TH ST SHIPPING AVE I n BIRD RD PEACOCKK AVE t. 0 150 300 600 Feet 1 1 1 1 1 1 I ADDRESS :3899, 3861, 3841, 3811, 3801 & 3755 SW 40 ST 3851, 3845, 3791, 3771, 3775 & 3753 BIRD RD 3855SW38CT EXHIBI "A" - ZONING CHANGE # 4 UNNAMED NE 59TH TER NE 58TH TER NE 58TH ST L NE 57TH ST NE 56TH ST NE 59TH ST 11111, Am& NE 58TH ST 0 150 300 600 Feet ADDRESS: 5808 NE 4 CT & 454 NE 58 ST EXHIBIT "A" -ZONING CHANGE # 5 II II PEACHY I rr 0 150 300 I FLORIDA AVE III I 1 600 Feet 1 I ADDRESS: 2765 S BAYSHORE DR, 2850 TIGERTAIL AV & 3300 SW 27 AV EXHIBIT "A" - ZONING CHANGE # 6 0 150 300 I III I 1 600 Feet 1 I ADDRESS: 2731 & 2901 BRICKELL AV EXHIBIT "A" - ZONING CHANGE # 7 NW 4TH ST f r f NW 1ST ST NW 3RD ST W 1- 0) NW 2N D ST Z 1 0 150 300 600 Feet NW MIAMI CT W FLAGLER ST Q H N ADDRESS: 195 NW 2 ST & 200 NW 1 AV CW 1CTI I 1 T EXHIBIT "A" RIMETEa an i 3. T5-L to N ^i rt^DST nnni VTu 4. T5-R to T5-O • 6. T1-to CS CI to T6-80=0 1%jj • NO FOLIO 8 1 0141040150040 ADDRESS 2970 SW 4 ST Zoning Designation Current T3-L Proposed T3-0 0141040150050 2988 SW 4 ST T3-L T3-0 0141040150060 2996 SW 4 ST T3-L T3-0 0141040150070 445 SW 30 AVE T3-L T3-0 0141640150069 2981 SW 5 ST T3-L T3-0 0141040150071 2979 SW 5 5T T3-L T3-0 2 0141210250010 3 0141170031010 2701 DAY AVE 3899 SW 40 ST T4-R T5 T5-L 0 T5-0 0141170031011 0141170030900 0141170031170 0141170031180 0141170031190 0141170031240 0141170031250 3861 SW 40 ST 3855 SW 38 CT 3851 BIRD RD 3845 BIRD RD 3841 SW 40 ST 3811 SW 40 ST 3801 SW 40 ST T5-L T5-L T5-L T5-L T5-L T5-L T5-L T5-0 T5 -0 T5 -0 T5-0 T5-0 T5-0 T5 -0 0141170031400 0141170031410 0141170031420 0141170031450 0141170031490 4 0132180380170 0132180380180 5 0141210161110 r- 0141211990040 0141211990010 6 0141390012640 0141390012660 7 0101000000294 010B1000000295 *i* 3791 BIRD RD 3771 BIRD RD 3775 BIRD AVE 3755 SW 40 ST 3753 BIRD RD 5808 NE 4 CT 454 NE 58 ST 2765 S BAYSHORE DR 2850 T16ERTAIL AVE 3300 SW 27 AVE 2731 BRICKELL AVE 2901 BRICKELL AVE 195 NW 2 ST 200 NW 1 AVE Affected Parcels 1 T5-L T5-L T5-L T5-L T5-L T5-R T5-R T5-L T5-L T5-L T1 T1 CI CI ^C !ise f-&e ^C.J.a. T5-0 T5-0 T5-0 T5 0 T5-0 T5 -0 T5-0 T5-0 T5-0 T5-0 CS CS T6-80-0 T6-80-0 0 0.250.5 1 Miles 1 1 1 1 1 1 1 1 1