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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR CHANGE OF ZONING FILE ID: 15-00719zc PROJECT ADDRESS: Approximately 2970 SW 37 Ave.; 2950, 2960, and 2970 SW 37 Ct.; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38 Ave.; 2951, 2957, 2981, 2952, and 2970 SW 38 Ct.; 2961 and 2983 SW 39 Ave., Miami, Florida APPLICANT: Daniel J. Alfonso, City Manager on behalf of the City of Miami COMMISSION DISTRICT: District 2 NET OFFICE: Coral Way ZONING DESIGNATION: T3-O (Sub -Urban -Open) GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the applicant requests a Change of Zoning approximately 2970 SW 37 Ave.; 2950, 2960, and 2970 SW 37 Ct.; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38 Ave.; 2951, 2957, 2981, 2952, and 2970 SW 38 Ct.; 2961 and 2983 SW 39 Ave., Miami, Florida. The applicant proposes to rezone the parcels from T3-O (Sub -Urban Transect-Open) to T4-L (General Urban Transect-Limited). A complete legal description of the property is on file at the Hearing Boards Office. BACKGROUND: The subject area consists of approximately 3.79 acres which is generally bounded by SW 37 Avenue to the east, SW 39 Avenue (the City of Miami's western boundary) to the west, SW 29 Street to the north, and Bird Road to the south. The subject area is located within the Coral Way NET. The rezone area consists of 17 parcels and a portion of parcel (northwest corner) of the Florida Power & Light (FPL) substation site. Of the 17 lots, 14 are developed predominantly with duplexes with a few multi -family structures. Within the proposed rezone area there are three (3) vacant lots located along SW 38 Court. The existing multi -family uses are non -conforming to the existing T3-O zoning. Under the 11000 Zoning Ordinance, the area was previously zoned R-2 (Two Family Residential). Additionally, the three (3) properties currently vacant on SW 38 Court had an SD-12 (Special Buffer District) Overlay. Under the 11000 Code, the district could have been developed only with uses of the underlying residential use, or as parking lots in combination with adjoining commercial lots. In studying the existing development patterns and uses within the aforementioned area, the Planning and Zoning Department proposes rezoning the subject properties to T4-L (Urban General) in order to create a better transition between the existing transects T5-O (Urban Center) to the south and the T3-O (Sub -Urban) to the north. COMPREHENSIVE PLAN: The requested zoning change is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation for the properties. As such, the applicant has submitted an application to amend the land use designation from "Duplex Residential" to "Low Density Restricted Commercial", as a companion item. EXISTING NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Properties: T3-O (Sub -Urban Transect-Open) Surroundinq Properties NORTH: T3-O (Sub -Urban Transect-Open) SOUTH: T5-O (Urban Center Transect-Open) EAST: T3-O-3 (Sub -Urban Transect-Open) and D1- (Work Place) WEST: City of Coral Gables T3-O-3 (Sub -Urban Transect-Open) and D1- (Work Place) FUTURE LAND USE DESIGNATION Subject Properties: Duplex Residential Duplex Residential Maximum of 18 D.U. per acre Med. Density Restricted Commercial Maximum of 65 D.U. per acre Duplex Residential Maximum of 18 D.U. per acre Light Industrial Maximum of 36 DU per acre Duplex Residential Maximum of 18 D.U. per acre Light Industrial Maximum of 36 DU per acre File id. 15-00719zc Page 2 of 6 In regards to the uses allowed, "Table 2. Excerpt of Article 4, Table 3 of Miami 21 Code" how the new uses will impact the surrounding area with the proposed rezoning. Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK LODGING BED & BREAKFAST INN OFFICE OFFICE COMMERCIAL ENTERTAINMENT ESTABLISHMENT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY T3 9 9 18 R R R R R R R R R R R E E E E E E T4 36 36 36 R R R R R R R R R R R R R R R E E R R R R R W R R R R R R R R E E R R W W E R R E R R File Id. 15-00719zc Page 3 of 6 Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (continued) CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MARINA PUBLIC PARKING TRANSIT FACILITIES EDUCATIONAL CHILDCARE ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING 1 VOCATIONAL T3 T4 w w w E E E E E E E E E w w w w w E w w w w w w E w w E E E E E E E E E E E R R E ANALYSIS: The following is a review of the request pursuant to the rezoning criteria in 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 1 Analysis 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. The subject area is an existing T3-O zoned neighborhood consisting of duplex and multi -family dwelling units. South of the proposed rezone are parcels zoned T5-O with commercial. The proposed successional rezoning from T3-O to T4-L provides a transition in height and intensity between the T5-O and the T3-O. The rezone to T4-L will begin from an alley north of the T5-O zoned properties and travel north for approximately 155 feet, stopping midblock (or approximately 300 feet) from SW 29th Street. From this point north, the zoning will remain zoned T3-O. As proposed, this rezone will create an appropriate transition in intensity and heights. File Id. 15-00719zc Page 4 of 6 Finding Criteria 2 Analysis Based on the allowed uses and limitation of heights to a maximum of three - stories, the proposed rezoning to T4-L is compatible with neighboring uses and existing development patterns. The size and scale of the adjacent uses, structures, and circulation within the neighborhood support this increase in density and intensity. Rezoning the subject parcels from T3-O to T4-L allows an increase of residential density from 18 to 36 dwelling units (D.U) per acre and will permit some Tight commercial use (as described in the inserted table). The T4-L zoning, will further encourage mixed -use development and redevelopment and provide flexibility for existing uses and any new development. With the rezone to T4-L, the mix of neighborhood residential and light commercial uses may promote a walkable, pedestrian friendly neighborhood. The City's development regulations and Miami 21 Code contains mechanisms to mitigate potentially adverse impacts of new development within existing neighborhoods through the application of appropriate standards and setback requirements. The request creates a transition in density and intensity which is consistent with the goals of the Miami 21 Code. 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. The proposed rezone provides a transition in intensity and scale from the T5-O and T3-O zoning districts. The proposed rezone from T3-O to T4-L begins from the alley north of the T5-O zoning along Bird Road and travels approximately for 155 feet north stopping midblock (or approximately 300 feet) south of SW 29 Street. This rezone would capture the existing non -conforming multi -family uses in the T3-O zone, bringing them into conformity. A rezone of this area to the T4-L will align the area with a zoning designation that is appropriate to the current character and future development needs of the neighborhood. In studying the development patterns, uses, and building stock in the area, the Planning and Zoning Department endorses a rezoning of the subject area as identified. The proposed rezone will contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations. The area to be rezoned is within two blocks of the Douglas Road Metrorail station, which further promotes Miami 21 Article 2, Section 2.1.3.1, in regards to focusing growth at transit nodes. The City's development regulations contains mechanisms to mitigate potentially adverse impacts of new development within existing neighborhoods through the application of appropriate standards and setback requirements File Id. 15-00719zc Page 5 of 6 Finding The request creates a transition in intensity and scale which is consistent with the goals of the Miami 21 Code. CONCLUSION: The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning from T3-O to T4-L. The proposed change of zoning provides a transition in height and intensity and will contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations. Additionally, the proposed request would bring the existing mufti -family uses into conformity with the proposed T4-L zoning designation. Staff finds that 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. RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Department of Planning and Zoning recommends approval of the rezoning from T3- 0 to T4-L. This requested change of zoning will complement the existing residential uses that remain and create opportunities for further development on those lots fronting Bird Road, thereby improving development and redevelopment opportunities. Christopher Brimo, AICP Chief of Land Development J. Ellis June 17, 2015 File Id. 15-00719zc Page 6 of of - p R Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-1 5-045 File ID 15-00719zc July 1, 2015 Item PZAB.7 Ms. Melody Torrens offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING 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 T3-0 "SUB- URBAN TRANSECT ZONE OPEN" TO T4-L "GENERAL URBAN TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2970 SOUTHWEST 37TH AVENUE; 2950, 2960, AND 2970 SOUTHWEST 37TH COURT; 2955, 2965, 2971, 2952, 2964, AND 2970 SOUTHWEST 38TH AVENUE; 2951, 2957, 2981, 2952, AND 2970 SOUTHWEST 38TH COURT; AND 2961 AND 2983 SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA, 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 8 - 0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Absent Ms. Maria Lievano-Cruz Absent Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Absent Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Yes Mr. Daniel Milian Yes Mr. Juvenal Pifia Yes Ms. Melody L. Torrens Yes Mr. Manuel J. Vadillo Absent Mr. David H. Young Yes Francisc Garcia, Director Planning d Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) —7) 2 )c 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 'DAY OF -) U (y , 2015. i 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 Notary Public State of Florida My Commission Expires: saQr,�y tom. .a._, _ .. TR O 11 MY COMMISSSIION # FF 229944 r EXPIRES: July 11, 2019 ,yr. Bonded That Notary Pubic UnderwritersPH�� EXHIBIT A 0 150 300 MIAMI 21 MAP (EXISTING) 600 Feet I ADDRESS: BIRD RD AT SW 37 AV PONCE MIAMI 21 MAP (PROPOSED) SHIPPING AVE 0 150 300 600 Feet I i I I T6-12-0 D1 1- D1 PEACOCK AVE ADDRESS: BIRD RD AT SW 37 AV 0 150 300 600 Feet ADDRESS: BIRD RD AT SW 37 AV