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Home My WebLink AboutAnalysis, Maps & PZAB ResoANALYSIS FOR Change of Zoning PROJECT ADDRESS: 1725 and 1729 NW 18 Street FILE ID: 15-00089zc APPLICANT: Iris Escarra, Esq., on behalf of Abreu Development, LLC. COMMISSION DISTRICT: District 1 NET OFFICE: Allapattah ZONING DESIGNATION: T3-O REQUEST Pursuant to Article 7, Section 7.1.2.8 (b)(2&3) of Ordinance 13114, as amended, the applicant requests a Change of Zoning for two abutting properties (1729 NW 18 Street and approximately the west 17 feet of 1725 NW 18 Street) from T3-O "Sub -Urban Transect Zone - Open" to T4-L "General Urban Transect Zone - Limited," as depicted in Exhibit A. The subject area consists of two (2) properties located on the south side of NW 18 Street The two properties make up approximately 0.15 acres between NW 18 Street and NW 17 Street (folios numbers: 01-3134-013-0390 and 01-3134-013-0380). The complete legal description is on file with the Hearing Boards Section. The application includes a draft restrictive covenant that would ensure the subject properties are only used for accessory parking for the planned commercial development on a separate adjacent property along NW 17 Avenue, that is zoned T6-8-O. BACKGROUND The subject area consists of two (2) abutting properties on NW 18 Street. Directly to the east there are two parcels, one owned by the applicant, the other by an outside party. Both parcels are designated T6-8-O and they front NW 17 Avenue. To the west and to the south are single-family homes, designated T3-O. To the north are single-family homes designated T4-R. EXISTING NEIGHBORHOOD CHARACTERISTICS: ZONING FUTURE LAND USE DESIGNATION Subject Properties: Subject Properties: T3-O; Sub -Urban Transect Zone- Duplex Residential Open Maximum of 18 D.U. per acre Surrounding Properties NORTH: T4-R; General Urban Transect Zone - Restricted Medium Density Restricted Commercial Maximum of 65 D.U. per acre SOUTH: T3-O; Sub -Urban Transect Zone- Duplex Residential Open Maximum of 18 D.U. per acre EAST: T6-8-O; Urban Core Transect Zone- Restricted Commercial Open Maximum of 150 D.U. per acre WEST: T3-O; Sub -Urban Transect Zone- Duplex Residential Open Maximum of 18 D.U. per acre ANALYSIS • Even though the application includes a draft restrictive covenant that would ensure the subject properties are only used for accessory parking for the planned commercial development on the adjacent property along NW 17 Avenue that is zoned T6-8-O, a Zoning Interpretation does not support the potential parking use to serve the T6-8-O parcel. According to Zoning Interpretation 12-0001 issued on February 16, 2012, "the intent of Miami 21 is to have lower impact commercial uses in a T4 Transect Zone and keep it primarily residential. Parking for an associated use in a T6 Transect Zone which is of a higher density and more variety [of uses] does not comply with this intent." • The current Miami 21 zoning designation on the parcels are T3-O — "Sub -Urban Zone" and T6-8-O — "Urban Core Zone" while the proposed rezoning is to T4-L —"General Urban Zone" for 1729 NW 18 Street and approximately the west 17 feet of 1725 NW 18 Street. • As the parcels to the north are zoned T4-R and parcels located west and south of the subject properties are zoned T3-O, the proposed rezoning to T4-L would represent an intrusion of commercial uses within the residential area. The proposed zoning change would result in incompatible density and uses encroaching into the neighborhood zoned to allow single-family and duplex development. • The proposed rezoning to T4-L can function as spot zoning by introducing commercial uses within the residential zoned area and may set a precedent that could result in a domino effect of up -zoning to the west, changing the character of the residential zoned neighborhood. • Because the subject properties extend farther into the residential zoned neighborhood than any of the adjacent commercial properties, the proposed rezoning could adversely affect the residential zoned area by introducing incompatible uses within the neighborhood. • The change of zoning request is inconsistent with the goals of the Miami 21 Code as the request is not compatible with the surrounding zoning districts. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends denial of the proposed rezoning as presented. ffx- Christopher Brimo Chief of Land Development R. Shedd Yes No N/A. O El O El O ❑ • IZ O El O El O El O El O El ® ❑ • IZI O El ®0 El ❑ Analysis for ZONING CHANGE File ID: 15-00089zc ❑ 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. Exhibit B 1725 and 1729 NW 18 Street MIAMI 21 ZONING MAP (EXISTING) D1 w _Q 1_ co T4-L 1 1 NW19TH TER NW 19T H ST = I I T4-R T61 W 18TH_TER I T3-O W_18T H ST ti NW 17T H ST NW16TH _TER NW 16T H ST+ L NW 19TH S 8-0 z T6-8-R \NW 17T H S' 0 150 300 600 Feet I i I i I ADDRESS: 1725 1729 NW 18 ST MIAMI 21 ZONING MAP (PROPOSED) D1 T4-L W co NW19TH TER NW I9H ST II� T4-R T6, NW 18TH,TER -I 11q T3-0 F I1 W 18TH ST NW 17T H ST NW16T H _T E R NW 16T H ST+ L NW 19T H ST 8-0 T6-8-R r \4% f sry . NW 17TH S' 0 150 300 600 Feet I i I i I ADDRESS: 1725 1729 NW 18 ST 0 150 300 600 Feet ADDRESS: 1725 1729 NW 18 ST Miami Planning, Zoning and Appeals Board File ID 15-00089zc Resolution: PZAB-R-15-012 March 18, 2015 Item. PZAB.7 Mr. Juvenal Pif a offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL WITH CONDITIONS DESCRIBED IN EXHIBIT 1 AND HEREBY ATTACHED 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-O "SUB -URBAN TRANSECT ZONE OPEN" TO T4-L "GENERAL URBAN TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1725 AND 1729 NORTHWEST 18TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A AND HEREBY ATTACHED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Dr. Ernest Martin, the motion passed and was adopted by a vote of 10 - 0: 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 Pia Ms. Melody L. Torrens Mr. Manuel J. Vadillo Mr. David H. Young / Fran isco arcia, Director Plan ing and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Yes Yes Absent Yes Yes Yes Yes Absent Yes Yes Yes Yes a AIExecution ate 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 foregoingrr�Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS OCIDA OF Vl tCV pI , 2015. 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 DC Notary Public State of Florida My Commission Expires: �a�iswami VANESSA TRUJILLO MY COMMISSION # E 105250 ; EXPIRE$: July 11, 2015 $4 F3onded Thru Notary Public Undorwriters EXHIBIT 1 FILE ID: 15-00089zc 1. Applicant proffered a covenant and the Applicant shall make or add in the following amendments to the proffered covenant: a. In regards to paragraph 2, Applicant shall remove the scrivener's error "restrict" and add the address of the commercial site. b. Applicant shall construct an eight foot (8 ft) concrete wall in between the applicant's property and the abutting neighbor's property. The concrete wall shall be constructed in compliance with all applicable codes and permits and will be erected as part of the building permit. c. Applicant shall provide landscaping on both sides of the concrete wall. d. In regards to paragraph 4, Applicant shall amend the paragraph so that any modification, amendment, or release of the covenant shall require a public hearing before the Miami City Commission. The applicant shall bear the full cost of the public hearing before the Miami City Commission. e. Applicant shall comply with all applicable off street parking and loading requirements stated within Article 3 of the Miami 21 Code. f. Applicant shall erect gates that lock the parking lot after retail business hours. 2. The covenant is subject to a recommendation of approval as amended from the Planning and Zoning Department and the Office of the City Attorney. 3. The applications for comprehensive plan amendment and zoning change shall not be scheduled for first reading before the Miami City Commission prior to receiving a recommendation of approval of the covenant as amended. . This Exhibit shall be incorporated by reference in PZAB Resolution 15-012 which by its terms will incorporate this Exhibit as Exhibit 1. Exhibit "A" LEGAL DESCRIPPON: (PARCELS OWNED BY 1808 FD, LLC SUBJECT TO REZONING) LOT 47 LESS THEEAST 17 FEET THEREOF, BELLEVUE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 119, LESS THE NORTH 5 FEET THEREOF, OF THE PUBLIC RECORDS OF MIAA,11- DADE COUNTY, FLORIDA. (FOLIO No. 01-0134-013-0360) AND THE' EAST 17 FEET OF LOT 47, BELLEVUE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 119, LESS THE NORTH 5 FEET THEREOF, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORlak (rouo No. 01-0 /34-013-0390)