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Home My WebLink AboutAnalysis, Maps & PZAB ResoCity of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR CHANGE OF ZONING APPLICANT: Deel Realty, LLC FILE ID: 15-00065zc PROJECT ADDRESS: 2990 SW 36th Court ZIP: 33137 NET OFFICE: Coral Way HEARING DATE: 4/15/15 COMMISSION DISTRICT: District 2 ITEM: PZAB.2 A. 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 a parcel zoned T3-0 "Sub -Urban Open Transect Zone" to T4-L "Urban Center Limited Transect Zone". The subject property is located within the Coral Way NET area and the Overbrook Park Subdivision. The parcel is an interior lot approximately 7,512.40 sq. ft., and is the second parcel from the NW corner of Bird Road and SW 36th Street (Complete legal description is on file with the Hearing Boards Section). B. BACKGROUND: The subject site contained a one story, 2,228 sq. ft. triplex that was developed in 1962 and was recently demolished by the applicant. The property was previously zoned Two -Family Residential "R-2" and was subsequently rezoned on April 2010 under Miami 21 to Urban Transect Zone "T3-0', subsequently the applicant acquired the property on August 19, 2014. The applicant is currently seeking a change of zoning to T4-L. The applicant currently owns the adjacent parcel to the south (Deel Volkswagon) and seeks to expand the existing car dealer, car storage use onto said parcel. Subsequently, on March 24, 2015 the Department of Code Compliance issued the applicant a Notice of Violations for parking on unimproved surfaces, storage of vehicles, no certificate of use and for operating a non -conforming parking lot within a residential district. As such, staff requested a deferral of the applicants request before the March 24, 2015, Planning and Zoning Appeals Board, to allow the applicant time to bring the property into compliance with the underlying transect zone requirements of T3-0. 15-00065zc Page 1 of 3 On April 2, 2015 the Department of Code Compliance found the property, which is the subject of this request to be in compliance with the underlying transect zone. C. COMPREHENSIVE PLAN: The requested zoning designation of T4-L is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of Duplex Residential. However, the existing character and density of the area is consistent with the proposed land use modifications as proposed under the Comprehensive Plan. As such, staff has submitted a companion item under (15-000651u) with this request to amend the land use designations for said parcel. D. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T3-0 Urban Transect Zone Surrounding Properties NORTH: T3-0; Suburban Transect Zone (adjacent) Overbrook Park Sub SOUTH: D1; Workplace District Transect Zone (adjacent) Deel Volvo EAST: D1; Workplace District Transect Zone (across SW 36th Court) WEST: T4-L; General Urban Transect Zone (adjacent) E. ANALYSIS: FUTURE LAND USE DESIGNATION Duplex Residential Maximum of 18 D.U. per acre Duplex Residential Maximum of 18 D.U. per acre Light Industrial Maximum of 36 D.U. per acre Light Industrial Maximum of 36 D.U. per acre Low Density Restricted Commercial Maximum of 36 D.U. per acre The following is a review of the request pursuant to a rezoning criteria at Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria: For rezonings: 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. 15.00065zc Page 2 of 3 Analysis: The property is a legally platted parcel located within the Overbrook Park Subdivision. Staff finds the proposed zoning request to be consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts and provides a transition in height and intensity. Rezoning the property to T4-L would result in successional zoning and will allow the applicant to expand the car dealer use via a warrant. Staff notes that the parcels directly to the south and east are currently used as a car dealership. Finding: Consistent F. NEIGHBORHOOD SERVICES: NET No Objection Code Compliance No Objection Building Required Historic Preservation No Objection Environmental Resources No Objection G. CONCLUSION: The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning. The proposed change of zoning provides a transition in height and intensity into the transitional zoning. The applicant has proffered a covenant which provides a ten foot (10') wide building setback and landscape easement along the northern interior side of the subject parcel for a period of thirty (30) years extended automatically for a successive periods of ten (10) years. Staff finds that the Declaration of Restrictive Covenants as proposed and the applicant's request to rezone the subject property to T4-L merit a change of zoning as said request will provide a ten foot (10') wide building setback and landscape easement along the northern boundary of the subject parcel. Said easement will be landscaped and maintained to minimize the commercial impact onto the adjacent residential district. Rezoning the parcel will allow the applicant to expand the car storage component of the car dealer onto said parcel via the warrant process. Staff finds the zoning request is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts and provides an appropriate zoning transition. H. 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. Christopher Bo, AICP Chief of Land Development Revised on 4/06/15 E. Nunez / M. Fernandez 15-00065zc Page 3 of 3 Analysis for ZONING CHANGE File ID: 15-00065zc Yes No N/A. n ® n 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. ® I1 ❑ c) The proposed change is related to adjacent and nearby districts. ® ❑ I I 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. ® ❑ 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. • I I h) The proposed change positively influences living conditions in the Z ❑ ® ❑ ® ❑ ® 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. I� 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. CODE HISTORY DEEL REALTY, LLC 15-00065ZC Portal Initiation ,hn,i tubtei Violations Activities ;,,bra iubno Letters Images ,uhrai Hearings To Do List luhinf mveb Lot Clearing Liens Comments Move Case tube; tint Contacts Current Case Initiation Property Information Address Zone Folio Registered Q Lot Registered 0 2990 SW 36 CT 36 Owner Owner Net ID DEEL REALTY LLC 2990 SW 36 CT CORAL WAY Case Information 311 Case Number Status CE2015003997 BB2013012148 CE2011003574 CE2010014095 CE2010006271 Open Closed Closed Closed Closed Division Process Source Request Type Complaint Priority Inspector Cede Enforcement 1 Code Enforcement NOV Anonymous Case Where on Property? Submit Case Address New Case Save Add Requestor Move To Legal Folio 2990 SW 36 CT Descriptior Right of Way?Ill Repeat ❑� Submit Received Service Date First Inspection Mar 24, 2015 Mar 24, 2015 Mar 24, 2015 No Certificate of Use/No Occupational License 1 Search By: Juky Ann Jones Override the Geo Inspector Violations Refer In Closed Date Daily Per Last Completed Submit Mar 24, 2015 Refer Entered by JLindo on Mar 24, 2015. 2107 - Parking on unimproved surfaces 2108 - Outside Sorage of Miscellaneous materials,equipment, and ordebris 2110 - No certificate of Use 9115 - Nnnrnmfnrminn Parkinn I nt Case Street Number Name Type Number Equal to: 2990 Street Name Is exactly: 36 Street type (AC, AV, AVRD, BLVD, BLWY, CIR, CSWY, CT, CTRD, DR, HWY, LA, LN, PKWY, PL, PLZ, RD, ST, STRD, TER, TRL, WAY, WY) Is exactly: v6��`S ct http://Improd0l/cityviewweb/ceinitiation_Case_Initiation_alt.aspx?_ufps=839218[3/25/2015 7:52:24 AM] Imprad01 el..; _initiation_ a City of Matti File Edit View Favcrites Toots Help Portal il Violations i vj Letters t_ Initiation ; Activities I —I Images ! __ Hearings ! _ To Da List Lot Clearing Liens 0 Comments Move Case ❑ Contacts 0 Current Page Case Initiation Property Information Address 2990 SW 36 CT Zone 36 Folio Registered fl 0141160190800 Lot Registered El Owner . Owner Address lb -EEL REALTY LLC 2990 SW 36 CT Net lD CORAL WAY . Case Information Case Number Status CE2015003997 Closed BB2013012148 Closed CE2011003574 Closed CE2010014095 Closed CE2010006271 Closed 3111 Tracking; Where on Property? Case Address New Case l Save Add Requestor Move To Legal Folio [2990 SW 36 CT Description Right of Way? Repeat Offence? Division ICode Enforcement Received Process Code Enforcement NOV Service Date Source Anonymous First inspection Request Type Case . Mar 24, 2015 Mar 24, 2015 Mar 24, 2015 ComplaintTypeiNc Certificate of llse/No Occupational License Priority 1 Inspector Juicy Ann Jones . . Override the Geo Inspector assignment Violations Refer To r In Compliance 'Apr 02, 2015 Closed Date lApr 02, 2015 Daily Per Deem 1 Last Completed Activity [Mar 30, 2015 Refer Entered by JLindo on Mar 24, 2015. 2107 - Parking on unimproved surfaces 2108- Outside Sorage of Miscellaneous materials,equipment, and ordebris 2110 - No certificate of Use 2115-Noncomforming Parking Lot Search By: Case Street Number Name Type Number Equal to: 2 MIAMI 21 ZONING MAP (PROPOSED) 1'2-0 0 150 300 i I 600 Feet NVillage West �. • �� ; Islands. \&Charles Av'Neighb�orhood� ` \\\1%.\\\ \\511-• ti-01-.9�IGAVE onservation District ADDRESS: 2990 SW 36 CT MIAMI 21 ZONING MAP (EXISTING) AS c� • J \\\ 3E 'IN \ $ \V Ilage4,Westa,t\ \\ • Island&;Charles �.�i N \' , \:.\'Ir I\\' \�\, ��o Av'Neighborhood� /�� \ z . \\\ .\\\ \\Sr' -;N1N.lir U AVE ♦� lzConservation District �T5 L ‘\\ \\\\� 0 150 300 600 Feet ADDRESS: 2990 SW 36 CT SW 29TH'ST �t 1_ elm —r 2�,�. BIRD RD •c PEACOCK AVE' ob- a cea SW;SHIpPING AVE r-cubed. Part,hstar APX, the j 0 150 300 600 Feet ADDRESS: 2990 SW 36 CT Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-016 File ID 15-00065zc April 15, 2015 Item PZAB.4 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL 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 "URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2990 SOUTHWEST 36TH COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. David Young the motion passed and was adopted by a vote of 7 0: Ms. Jennifer Ocana Barnes Absent Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Absent Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Absent Mr. Daniel Milian Yes Mr. Juvenal Pina Absent Ms. Melody L. Torrens Yes Mr. Manuel J. Vadillo Absent Mr. David H. Young Yes co Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) / Execution I 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 foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS H IAY OF (re/O✓1 ( , 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 0/ Notary Public State of Florida My Commission Expires: VANESSATRUJILLO ..% MY COMMISSION # EE 105250 t p EXPIRES: July 11, 2015 '"4 Bonded Thru Notary Public Underwriters EXHIBIT "A" Address: 2990 SW 36 Court, Miami, FL Folio No.: 01-4116-019-0800 Legal: Lot 8, Block 13, Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida