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HomeMy WebLinkAboutPZAB 10-15-14 Supporting DocumentationPZAB.3 File ID: Title: Location: Applicant(s): Purpose: Finding(s): Planning & Zoning: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-00963zc 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, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T5-O "URBAN CENTER TRANSECT ZONE - OPEN" TO T6-8-O "URBAN CORE TRANSECT ZONE - OPEN" , FOR THE PROPERTIES LOCATED AT APPROXIMATELY SOUTHWEST 1ST STREET BETWEEN SOUTHWEST 13TH AVENUE AND SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA; AND BY CHANGING THE ZONING CLASSIFICATION FROM T4-L "URBAN GENERAL TRANZECT ZONE - OPEN" to T5-L "URBAN CENTER TRANSECT ZONE - LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY SOUTHWEST 2ND STREET BETWEEN SOUTHWEST 13TH AVENUE AND SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately SW 1st Street between SW 13th Avenue and SW 17th Avenue; and SW 2nd Street between SW 13th Avenue and SW 17th Avenue [Commissioner Frank Carollo - District 3] Daniel J. Alfonso, City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will change the zoning classification from "T5-O" to "T6-8-O" for the properties located at approximately SW 1st Street between SW 13th Avenue and SW 17th Avenue; and from "T4-L" to "T5-L" for the properties located at approximately SW 2nd Street between SW 13th Avenue and SW 17th Avenue. Item does not include a covenant. Recommended approval. Planning, Zoning and Appeals Board: October 15, 2014. City of Miami Planning and Zoning Department Land Development Section FILE ID: APPLICANT: PROJECT ADDRESS: FOLIO NUMBER: COMMISION DISTRICT: NET OFFICE: ANALYSIS FOR CHANGE OF ZONING 14-00963zc Daniel Alfonso, City Manager, on behalf of the City of Miami SW 1st Street approximately between 13th and 17th Avenues; and SW 2nd Street approximately between 13th and 17th Avenues Multiple (See graphics) District 3 Little Havana GENERAL INFORMATION: REQUEST: Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a change of zoning for multiple parcels along SW 1st and SW 2nd Streets between (approximately) 13th and 17th Avenues. The proposed change of zoning for the parcels fronting SW 1st Street is from T5-O (Urban Center Transect Zone Open) to T6-8-O (Urban Core Transect Zone Open), and for the properties fronting SW 2nd Street from T4-L (Urban General Transect Zone Limited) to T5-L (Urban Center Transect Zone Limited). (Complete legal description is on file with the Hearing Boards Section). BACKGROUND: The subject area consists of multiple parcels along two streets (SW 1st and SW 2nd). The area proposed to be rezoned is located within the Little Havana NET area. Most of the area is fully developed with the exception of two or three vacant lots on both streets. The total area proposed for rezoning is 36.42 acres, of which 18.37 acres is located along SW 1st Street between 13th and 17th Avenues and 18.05 acres is located along SW 2nd Street approximately between SW 13th and 17th Avenues. Under Zoning Ordinance 11000, the area that the streets were located in was regulated by a Special District known as SD-14 "Latin Quarter Commercial — Residential" and SD-14.1 "Latin Quarter - Residential District". The properties fronting SW 1st Street were previously zoned SD- 14 (Latin Quarter Commercial -Residential) which was the same as the properties located along SW Flagler Terrace and W. Flagler Street. The properties that front SW 2nd Street were previously zoned SD-14.1 (Latin Quarter -Residential District). 14-00963zc Page 1 of 5 With the adoption of Miami 21 Zoning Code, the SW 1st Street corridor from SW 13th Avenue, on the east, to SW 17th Avenue, on the north, was subsequently rezoned in 2010 to "T5-O" (Urban Center Transect Zone) and SW 2nd Street was rezoned to T4-L (Urban General Transect Zone Limited) previously zoned SD 14.1 "Residential District". In studying the patterns and uses on aforementioned streets, the Planning and Zoning Department is proposing a rezoning of the subject properties in order to create a better transition between the existing transects in both a north -south and east -west directions. NEIGHBORHOOD CHARACTERISTICS: Existing Zoning Designations Subject Rezone Area T5-0 Urban Center Transect (SW 1st Street) and T4-L Urban General Limited (SW 2nd Street) Surrounding Properties NORTH: T6-8-0 (Urban Transect Zone) SOUTH: T4-L (Urban Transect Zone) EAST: T6-12-0 (Urban Core Transect); and T5-0 (Urban Center Transect) WEST: T6-8-0 (Urban Transect Zone); and T5-0 (Urban Core Transect Zone) Future Land Use Designation Restricted Commercial Maximum of 150 D.U. per acre Med. D. Restricted Commercial Maximum of 65 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Med. D. Restricted Commercial Maximum of 65 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre 14-00963zc Page 2 of 5 ANALYSIS: Following the above referenced "Background", this proposal for rezoning has taken in consideration criteria set forth in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21: Rezone of SW 1st between (approximately) 13th and 17th Avenues from T5-O to T6-8-O Criteria: For rezoning: A change 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 intensity and building heights. Analysis: Flagler Street and SW 1st Street are one-way, parallel, multi -lane, streets that carry major traffic flows. Previously under Zoning Ordinance 11000, Flagler and SW 1st were zoned SD-14 (Latin Quarter — Commercial); with similar development patterns. These streets are still one-way pair street corridors. Under the Miami 21 Code, Flagler Street was rezoned to T6-8-O and SW 1st Street T-5-O. As a result of the rezoning for the lots on SW 1st Street by the City from SD-14 to T5-O, the type of development and uses previously allowed by right prior to Miami 21 was eliminated. This created legal non -conforming commercial uses along this corridor and decreased the density/intensity previously permitted. There are existing active commercial uses along the SW 1st Street corridor consistent with the density and intensity of T6-8-O Transect Zone. The rezone provides a transition in height, density and intensity to the properties to the north, south, east and west. The previous (SD-14) zoning complemented the zoning directly north, specifically SW Flagler Terrace and West Flagler Street, and SW 1st Street. A rezoning of this portion of SW 1st Street to T6-8-O will complement the uses on Flagler and will allow for redevelopment opportunities consistent with SW Flagler Terrace and West Flagler Street while providing appropriate transitions with the properties located along SW 1st Street. Staff finds the proposed rezone of SW 1st Street from T5-L to T6-8-0 to be successional and consistent with the goals of the Miami 21 Code as the proposal is compatible with the surrounding zoning districts. Finding: Consistent with the intent of Miami 21 Zoning Code Rezone SW 2nd between (approximately) SW 13th and SW 17th Avenues from T4-L to T5-L Criteria: For rezoning: A change 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 proper transitions in intensity and scale. 14-00963zc Page 3 of 5 Analysis: The current development pattern on SW 2nd Street is similar to, but less intense and dense than that of SW 1st Street to the north. However, the existing uses and development pattern is higher and more commercial than the street to the immediate South on SW 3rd Street. To create a better transition staff recommends the rezoning of the area from T4-L to T5-L. This will provide a transition to the existing T4-L properties to the South.. This area of the Little Havana neighborhood is intended to promote neighborhood scale retail. The properties fronting SW 2nd Street have a mix of residential and commercial uses as well as a mix of heights and densities. Additionally, this neighborhood provides a transition from the nearby stadium entertainment zone to the north. To rezone SW 2nd Street from T4-L to T5-L will provide flexibility for development and thereby improve the mix of neighborhood residential and Tight commercial uses. This rezone will complement the existing uses that remain and create opportunities for further development on those lots fronting SW 2nd Street. Finding: Consistent with the intent of Miami 21 Zoning Code LAND USE CLASSIFICATION: Rezone SW lst between (approximately) 13th and 17th Avenues from T5-O to T6-8-O Is the proposed zoning designation compatible with the MCNP-FLUM: ® Yes ❑ No Rezone SW 2nd between (approximately) 13th and 17tt' Avenues from T4-L to T5-L Is the proposed zoning designation compatible with the MCNP-FLUM: ® Yes ❑ No CONCLUSION: The proposed change of zoning is compatible with the density and intensity of the adjacent Transect Zones. As such, the proposed request would bring a series of existing and approved future commercial uses into conformity with the proposed underlying zoning Transect Zone. Staff finds the zoning request is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning district and provides an appropriate zoning transition. 14-00963zc Page 4 of 5 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 presented. An-toffii% E Jerez Chief,of Land Development jye 1(i--01-14 14-00963zc Page 5 of 5 Analysis for ZONING CHANGE File ID: 14-00963zc 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 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 MAP (EXISTING) C_, J 1- NW 2ND ST T5- L NW 1ST ST T6-8-0 T5-O T6-8-O 1 L W FLAGLERST SWFLAGLER•TER- I 1 T6-8-O W' �i T5-0 SW 1ST ST T666-12 ,0 T4-IL SW 2ND ST T4I_,- W3RDST T5-O 0 225 450 900 Feet Address: SW 1 ST & SW 2 ST BETWEEN 13 AND 17 AVENUES i I I i t i 1- NW 2ND ST T5- L NW 1ST ST T6-8-0 T5-O T6-8-O 1 L W FLAGLERST SWFLAGLER•TER- I 1 T6-8-O W' �i T5-0 SW 1ST ST T666-12 ,0 T4-IL SW 2ND ST T4I_,- W3RDST T5-O 0 225 450 900 Feet Address: SW 1 ST & SW 2 ST BETWEEN 13 AND 17 AVENUES i I I i t i MIAMI 21 MAP (PROPOSED) Li NW 2ND S T5-L NW 1ST ST LLI T678-0 T5-O L T6-8 01 W FLAGLER ST SW RIAGL ER.TER E '$i T 6 -8 - 0 L i SW 1ST ST ‘i - co i (1) T5-IL SW 2ND S T4I-L H I I SW 3RD ST 0 225 450 900 Fe et I I I 1 T6-8-O 6117111611kH f T5-O Address: SW 1 ST & SW 2 ST BETWEEN 13 AND 17 AVENUES 0 225 450 900 Feet 111111111 Address: SW 1 ST & SW 2 ST BETWEEN 13 AND 17 AVENUES City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00963zc 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, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T5-O "URBAN CENTER TRANSECT ZONE -OPEN" TO T6-8-O "URBAN CORE TRANSECT ZONE - OPEN" , FOR THE PROPERTIES LOCATED AT APPROXIMATELY SOUTHWEST 1ST STREET BETWEEN SOUTHWEST 13TH AVENUE AND SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA; AND BY CHANGING THE ZONING CLASSIFICATION FROM T4-L "URBAN GENERAL TRANZECT ZONE - OPEN" to T5-L "URBAN CENTER TRANSECT ZONE - LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY SOUTHWEST 2ND STREET BETWEEN SOUTHWEST 13TH AVENUE AND SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately SW 1st Street between SW 13th Avenue and SW 17th Avenue; and SW 2nd Street between SW 13th Avenue and SW 17th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will change the zoning classification from "T5-O" to "T6-8-O" for the properties located at approximately SW 1st Street between SW 13th Avenue and SW 17th Avenue; and from "T4-L" to "T5-L" for the properties located at approximately SW 2nd Street between SW 13th Avenue and SW 17th Avenue. Item does not include a covenant. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on October 15, 2014, 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 proposed zone changes conform with the adopted Miami Comprehensive Neighborhood plan and do not require a plan amendment; and WHEREAS, the proposed zone changes maintain the same or similar population density pattern and thereby do not increase or overtax the load on public facilities such as schools, utilities, streets, etc.; and WHEREAS, the proposed zone changes will contribute to the improvement of development of City of Miami Page 1 of 2 File Id: 14-00963zc (Version: 1) Printed On: 10/7/2014 File Number: 14-00963zc properties in the adjacent area in accordance with existing regulations; and WHEREAS, the proposed zone changes convey the same treatment to the individual owner as to the owners within the same classification and the immediate area, and furthers the protection of the public welfare; 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 this change of zoning classification as hereinafter 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, as amended, is further amended by changing the zoning classification from T5-O (Urban Center Transect Zone - Open) to T6-8-O (Urban Core Transect Zone -Open) at SW 1st Street approximately between SW 13th and SW 17th Avenues, Miami, Florida; and from T4-L (Urban General Transect Zone- Limited) to T5-L (Urban Center Transect Zone - Limited) at SW 2nd Street approximately between SW 13th and SW 17th Avenues, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. 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 4. 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 relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. 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} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY 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 2 of 2 File Id: 14-00963zc (Version: 1) Printed On: 10/7/2014 EXHIBIT A MIAMI 21 MAP (EXISTING) T6-8-O If T5-O u NW2NDST T5- L j NW 1ST ST T6-8-O T61-8 1O w a dL W FLAGLER ST SWFL'AGLER•TER— wr T5-O ti SW 1ST ST JK 4 - L1 SW 2ND ST 1 T41i� SW 3RD ST 0 225 450 900 Feet w u) 1 T5-O Address: SW 1 ST & SW 2 ST BETWEEN 13 AND 17 AVENUES EXHIBIT A MIAMI 21 MAP (PROPOSED) 4' LLI > IF - T5-O 0 I Li 225 450 NW 2ND ST T51-L NW 1ST ST T6-8 0 ii L J 02 W FLAGLER ST SW FLAGLER TER T6-8-O SW 1ST ST 5111-1 LSW 2ND ST T4-L SW 3RD ST 900 Feet I Address: SW 1 ST & SW 2 ST BETWEEN 13 AND 17 AVENUES