HomeMy WebLinkAboutPZAB 7-1-15 Supporting DocumentationPZAB.7
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID:
Title:
Location:
Applicant(s):
Purpose:
Finding(s):
Planning & Zoning:
Planning, Zoning and
Appeals Board:
15-00719zc 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 T3-O "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, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Approximately 2970 SW 37th Avenue; 2950, 2960, and 2970 SW 37th Court;
2955, 2965, 2971, 2952, 2964, and 2970 SW 38th Avenue; 2951, 2957, 2981,
2952, and 2970 SW 38th Court; and 2961 and 2983 SW 39th Avenue
[Commissioner Marc Sarnoff - District 2]
Daniel J. Alfonso, City Manager, on behalf of the City of Miami.
3500 Pan American Drive
Miami, FL 33133
(305) 250-5400
This will allow a zoning classification change for the above properties from T3-
0 "Sub -Urban Transect Zone Open" to T4-L "General Urban Transect Zone
Limited".
Recommended approval. See companion File ID 15-007191u.
July 1,2015.
City 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
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00719zc 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 T3-O "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, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2970 SW 37th Avenue; 2950, 2960, and 2970 SW 37th
Court; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38th Avenue; 2951, 2957, 2981,
2952, and 2970 SW 38th Court; and 2961 and 2983 SW 39th Avenue [Commissioner
Marc Sarnoff - District 2]
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion
File ID 15-007191u.
PURPOSE: This will allow a zoning classification change for the above properties
from T3-O "Sub -Urban Transect Zone Open" to T4-L "General Urban Transect Zone
Limited".
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on July 1, 2015,
following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item
PZAB.7, recommending * of the Zoning Change as set forth; and
WHEREAS, the proposed zone change is in harmony with the requested land use pattern and
the adjacent and nearby districts; and
WHEREAS, the proposed zone change is not out of scale with the needs of the neighborhood
or the city; and
and
WHEREAS, changing conditions make the passage of the proposed zone change necessary;
WHEREAS, there are substantial reasons why the use of the property is unfairly limited under
City of Miami
Page 1 of 3 File Id: 15-00719zc (Version: 1) Printed On: 6/23/2015
File Number: 15-00719zc
existing zoning; and
WHEREAS, the proposed zone change will contribute to the improvement of development of
properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed zone change will 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 T3-O "Sub -Urban General Transect Zone Open" to T4-L "General Urban
Transect Zone Limited", for the properties located at approximately 2970 SW 37th Avenue; 2950, 2960,
and 2970 SW 37th Court; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38th Avenue; 2951, 2957,
2981, 2952, and 2970 SW 38th Court; and 2961 and 2983 SW 39th Avenue, 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:
City of Miami Page 2 of 3 File Id: 15-00719zc (Version: 1) Printed On: 6/23/2015
File Number: 15-00719zc
{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 3 of 3 File Id: 15-00719zc (Version: 1) Printed On: 6/23/2015
(EXHIBIT A]
FUTURE LAND USE MAP (EXISTING)
4YA AVE
/IA AVE
DIA AVE
RDE AVE
SW 40TH ST
PONCE DE LEON BLVD
ARA AVE
lirl
G
SW 29TH ST
Residential —
BIRD RD
W 38TH AVE
0 150 300 600 Feet
I i I I
I II
T3-O
W
F
co
P
1-
U
ti
N
Light
Industrial
Lll
IL
PEACOCK AVE
Restricted Commercial
C
LL
2
2
2
ADDRESS: BIRD RD AT SW 37 AV
FUTURE LAND USE MAP (PROPOSED)
4YA AVE
/IA AVE
)IA AVE
RDE AVE°
SW 40TH ST
PONCE DE LEON BLVD
ARA AVE
0
150
WTI
300
SHIPPING AVE
nillEbi
600 Feet
1
T3-O
Light
Industrial
Lll
PEACOCK AVE
ADDRESS: BIRD RD AT SW 37 AV
AYA AVE
/IA AVE
DIA AVE
RDE AVE
1•�r
fF�
AR.,A AV
B IRD, RDA,,.
PEACOCKAVE
/ gi II 4 o r . r Diigit'aiGlobeGeoEye, � d,;
-eo : r GNES/ 11 lips! US o � USG`
SHIPPrING A G�tm c 1 , rsorid IGIGP, swi t.o: and
0 150 300 600 Feet
I i I I
ADDRESS: BIRD RD AT SW 37 AV