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Home My WebLink About06-26-14 FR Analysis, Maps & PZAB ResoCity of Miami Planning and Zoning Department Division of Land Development File ID#:13-00573zc ANALYSIS FOR ZONING CHANGE Request:Change the zoning classification of the properties described herein Location: Change the zoning designation of the properties located on the eastern portion of the two block bounded by NW 5th Street to the north, NW 36th Court to the east, NW 4th Street to the south, and NW 36th Street the west. Net District: Flagami NET Folio #: 0141010230140,0150,0160,0161 and 0170 . For detailed legal description see exhibit "A" Total square footage: 60,588 s.f = 1.39± acre ZONING DESIGNATION: Current Zoning Designation: T3-O (Sub -Urban Transect Zone - Open) Proposed Zoning Designation: T4-O (General Urban Transect Zone - Open) 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 Restricted Commercial URBAN DESIGN FINDINGS AND COMMENTS: 1. The proposed rezoning complies with the successional change as allowed in Miami 21 Code. 2. This request need a companion item for land use change to the subject parcel from "Duplex Residential" to "Low Density Restricted Commercial", to comply with the Miami Comprehensive Neighborhood Plan (MCNP) Page 1of2 City of Miami Planning and Zoning Department Division of Land Development File ID#:13-00573zc 3. The subject parcels are currently vacant. 4. The adjacent parcels to the east, north, and south along the NW 36th Court are designated T3-O (Sub -Urban Transect Zone -Open). The areas to the west are designated T6-8-O (Urban Center Transect Zone- Open) 5. Even though the proposed zoning change from T3-O to T4-O allows transition between parcels zoned T6-8-O and T3-O, a change to T4-O will allow for entertainment establishments and alcohol beverage service establishments uses that will be incompatible within the T3-O established residential area immediately to the north, east, and south of the subject property. Thus, the rezoning request represents a clear commercial intrusion within the T3-O residential area. 6. A zoning change for the subject property, as proposed, may set a negative precedent and create a "domino effect" in regards to future zoning change applications. 7. The Planning and Zoning Department recommends that a zoning change to T4-L will be more appropiate because It establishes an appropriate transition in scale, density and intensity to the lower intense transect zones to the east, Based on the above findings, the Planning and Zoning Department recommends Denial of the application as presented. EP 2/10/2014 Page 2of2 Yes No N/A. ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ Analysis for ZONING CHANGE File ID: 13-00573zc 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 Toad 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 changehas 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 MAP (EXISTING) D1 T3tR I - NW 37TH AVE NW 7TH ST T4=L NW 6TH S 03 co H NW5TH ST T3-O NW 4TH TER NW 4TH ST NW 3RD ST NW 2ND TER 1 1- () CCP 0 150 300 600 Feet co M 7- / / 1 , NW 35TH AVE ADDRESS: 460, 440, 408, 400 NW 36 CT 427 NW 37 AV M IAM 121 MAP (PROPOSED) D1 T3-R 0 150 300 NW 37TH AVE NW 7TH ST T4=L 0 CO 'NW 6TH ST T3-O NW 5TH ST T4-L NW 4TH TER 1- U T4-L W 4THST NW 3RD ST NW 2ND TER 600 Feet co M 1- z NW 35TH AVE ADDRESS: 460, 440, 408, 400 NW 36 CT 427 NW 37 AV 1111—Ht 11,1 hd, -171 p, n 44,1 .—jiLLAL • D ita be 0 150 300 600 Feet ADDRESS: 460, 440, 408, 400 NW 36 CT 427 NW 37 AV Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-032 File ID 13-00573zc April 30, 2014 Item PZAB.7 Ms. Maria Lievano-Cruz offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE CITY COMMISSION, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O" TO "T4-O", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 400, 408 & 440 NORTHWEST 36TH COURT, A PORTION OF 460 NORTHWEST 36TH COURT AND A PORTION OF 427 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. David H. Young, the motion passed and was adopted by a vote of 9-0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Absent Mr. Charles A. Gibson Yes Ms. Maria Beatriz Gutierrez Yes Mr. Ernest Martin Absent Mr. Daniel Milian Yes Mr. Juvenal Pina Yes Ms. Janice Tarbert Yes Ms. Melody L. Torrens Absent Mr. David H. Young Yes Fresco Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) May 7, 2014 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 1 DAY OF 1` y16:t1 , 2014. VCv'eCSC‘ ` fuj1\O Print Notary Name Personally know o< or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary Public State of Florida My Commission Expires: 40% VANESSA TRUJILLO ' MY COMMISSION # EE 105250 g EXPIRES: July 11, 2015 '�Iry,;i :,1, Bonded Thru Notary Public Underwriters