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Home My WebLink AboutAnalysis, Maps, PZAB ResoANALYSIS FOR ZONING CHANGE Approximately 5445 Biscayne Boulevard, FILE NO 13-00866ze Pursuant to Article 5 and Article 7, Section 7.1.2,8 of Ordinance 13114, as amended, the Zoning Ordinance of the City of Miami, Honda, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: Application requests: A change to the existing zoning classifications of the acreage described herein of selected real properties located at approximately 5445 Biscayne Boulevard, Miami, Florida, from 'T3-R" nSub-Urban Restricted' Transect Zone to °T4-0" "General Urban - Open' Transeot Zone, The subject property is located within the Upper Eastside NET area and consists of one lot of approximately 0,16 acres located approximately 40.0 feet west of Lot 52 of Bayshore Plaza, as described in Exhibit °A" (Complete legal description is on file with the Hearing Boards Section). Review and analysis of the proposed application finds that: • The subject lot represents a portion of a larger parcel designated "T3-Rn and '74-0n, • The most eastern portion of the subject parcel is designated "T3-R" "Sub-Utan- Restricted Transect Zones', • The application request involves a rezoning of the aforementioned lot from 13-R" to "T4-0°. The proposed rezoning will eliminate an existing split zoned parcel and pursuant to Article 7, Section 7.1.2,8 (a) (3), the proposed rezoning also meets the successional zoning requirement from T3-R to 14-0. A change to T4-0 will allow for entertainment establishments, food service establishments, alcohol beverage service establishments, and general commercial uses that will be incompatible within the 73-0 established residential area immediately to the east, north, and south of the subject property. Thus, the rezoning request represents a clear commercial intrusion within the T3-0 residential area. The proposed rezoning also would eliminate the existing zoning buffer between the single-family residence that immediately abuts the parcel on the east from the portion of the parcel designated T4-0 Transect Zone that allows commercial uses, • The requested zoning designation of T4-0 is inconsistent with the current Comprehensive Neighborhood Plan (MCNP) designation of °Single Family Residential' and would require a Future Land Use Map (FLUM) amendment to "Low Density Restricted Commercial'', Based an the aforementioned findings, the Planning and Zoning Department recommends denial of the proposed rezoning as presented. Yes No N/A. n Analysis for ZONING CHANGE File ID: 13-00866zc E. 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. ❑ Z ❑ 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. n Z ❑ // ❑ ❑ PI 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 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 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) NE 57TH ST NE 56TH ST T5-L NE 55TH TER NE 55TH ST T6-8-0 Z NE 54TH ST T5-O T5-R • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 0 co 1 • • IP n11 NE 4TH CT BISCAYNE BLVD • • NE 56TH ST mil 11111 MiMo NE 55TH TER Morningside NE 55TH ST IiT3R IT NE 53RD ST NE 52ND TER NE 52ND ST Airrti x H W z 111 0 150 300 600 Feet r ADDRESS:5445 BISCAYNE BLVD MIAMI 21 ZONING MAP (PROPOSED) NE 57TH ST NE 56TH ST T5-L NE 55TH TER NE 55TH ST T6-8-0, 2 w z NE 54TH ST T5-O 1 1 1 1 T5-R ► ► • ► ► ► ► ► 1 ► ■ 1 ► • ► ► ► ► 1 • 0 CO IP n■ NE 4TH CT BISCAYNE BLVD • • NE 56TH ST mil 11111 MiMo 1 NE 55TH TER Morningside NE 55TH ST NE 53RD ST NE 52ND TER NE ND ST Airrti 2 I- w 111 0 150 300 600 Feet r ADDRESS:5445 BISCAYNE BLVD µIF. n1 INuirW M r • NE 56TH1STiii NE 55TH TER 44 .. ,n . � j NE56THST Morningside NE53RD ST ,',NE 52ND TER NE'52ND ST r^s 0 MOC74n n - 9k :W .W3 20 11)'g5 0 150 300 1 1 600 Feet ADDRESS:5445 BISCAYNE BLVD Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-1 3-040 File ID 13-00866zc September 18, 2013 Item PZAB.9 Ms. Jennifer Ocana Barnes offered the following resolution and moved its adoption! A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FOR A PORTION OF THE PROPERTY FROM "T3-R" SUB -URBAN ZONE - RESTRICTED TO "T4-O" GENERAL URBAN ZONE - OPEN, LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Maria Lievano-Cruz, the motion passed and was adopted by a vote of 7-3. Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Charles A. Gibson Ms. Maria Beatriz Gutierrez Mr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pina Ms. Janice Tarbert Ms, Melody L. Torrens Mr. David H. Young Yes Yes Yes Yes Absent No Yes No No Yes Absent Yes f Francisco Garcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Personally appeared before me, the undersigned authority, Anel Rodriguez, 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 Z DAY OF 0 2013. V4Q ssa Triej. Print Notary Name Personally know or Produced l.D. Type and number of I.D. produced Did take an oath or Did not take an oath K. Notary Public State of Florida My Commission Expires. VANESSA TAt1Jt LO MY COMMISSION NEE 105250 EXPIRES; July 11,2015 We, Thru Notary Public Underwriters