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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoC City of Miami Planning and Zoning Department Land Development Section Ovvd ANALYSIS FOR CHANGE OF ZONING FILE ID: 15-00084zc PROJECT ADDRESS: 3581 East Glencoe Street APPLICANT: Javier Fernandez, Esq., on behalf of Grove Bay Properties, LLC COMMISSION DISTRICT: District 2 NET OFFICE: North/East Coconut Grove ZONING DESIGNATION: T3-R/NCD-3 and T5-R/NCD-3 GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the applicant requests a Change of Zoning for the northern portion of a split zoned property located at 3581 E. Glencoe Street. The lot is zoned T3-R/NCD-3 (Sub -Urban Transect-Restricted / Neighborhood Conservation District-3) and T5-R/NCD-3 (Urban Center Transect - Restricted/Neighborhood Conservation District-3). The applicant proposes to rezone the northern portion of the lot from T3-R/NCD-3 to T4-R/NCD-3 (General Urban Transect-Restricted/NCD-3). BACKGROUND: The subject area consists of one lot of approximately 0.83 acres. The property is currently developed as "Bay Colony Condo" with two, two-story structure containing 18 dwelling units detached covered and uncovered parking areas and a swimming pool. The parcel is bifurcated by two zoning designations; the northern portion of the parcel is zoned T3-R/NCD-3, and contains 12 units, and the southern portion is zoned T5-R/NCD-3, and contains six (6) units. The lot is generally bounded by S. Bayshore Drive to the north, Biscayne Bay to the south, E. Glencoe Street and S. Bayshore Court to the west, and Halissee Street to the east. The complete legal description of the property is on file with the Hearing Boards Section. The property was previously split zoned in the same north to south fashion as it exists today under the 11000 Code. The northern portion of the site was zoned "R-1" (Single Family Residential) and "R-3" (Multi -Family Medium Density Residential) with a SD-18.1 Overlay. The site was subsequently rezoned on April 2010 under Miami 21 to T3-R for the northern portion and T5-R for the southern portion, with a NCD-3 overlay over the whole property. The applicant is proposing a change of zoning from T3-R/NCD-3 (Sub-Urban-Restricted/NCD-3) to T4-R/NCD-3 (General Urban Transect-Restricted/NCD-3) for the northern portion of the lot. The southern portion of the lot will remain T5-R/NCD-3. The application was originally scheduled before the Planning, Zoning, and Appeals Board (PZAB) on March 24, 2015 where the applicant asked for and received a continuance to May 20, 2015. At the May 20, 2015 meeting of PZAB, the application was again continued by the board due to new information that was submitted to staff shortly before the May 20, 2015 meeting. 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 "Single Family Residential" to "Low Density Multifamily Residential" for the northern portion of the lot, as a companion item. EXISTING NEIGHBORHOOD CHARACTERISTICS: ZONING FUTURE LAND USE DESIGNATION Subject Property: Subject Property: T3-R/NCD-3 (Sub -Urban Transect-Restricted Single -Family Neighborhood Conservation District 3) and Maximum of 9 D.U, per acre and T5-R/NCD-3 (Urban Center Transect-Restricted Med. Density Multifamily Residential Neighborhood Conservation District 3) Maximum of 65 D.U. per acre Surrounding Properties NORTH: T3-R/NCD-3 (Sub -Urban Transect Single -Family Residential Restricted/NCD-3) Maximum of 9 D.U. per acre SOUTH: T5-R; Urban Center Transect Med. Density Multifamily Residential Restricted/NCD-3) Maximum of 65 D.U. per acre EAST: T3-R/NCD-3 (Sub -Urban Transect Single -Family Restricted/NCD- 3) and Maximum of 9 D.U. per acre T5-R/NCD-3 (Urban Center Transect Med. Density Multifamily Residential Restricted/NCD-3) Maximum of 65 D.U. per acre WEST: Cl/NCD-3 (Civic Institution and Maximum of 9 D.U. per acre Neighborhood Conservation District 3 Major Institutional, Public Facilities ANALYSIS: 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 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: The proposed Change of Zoning is only for the northern portion of the lot from "T3-R/NCD-3" to "T4-R/NCD-3". The southern portion will remain "T5-R/NCD-3". File Id. 15-00084zc Page2of3 The proposed rezone request, with consideration given to the restrictive covenant submitted by the applicant would not be inconsistent with the goals of the Miami 21 Code. The request, with restrictions through the covenant, is compatible with the abutting single-family zoning district and neighborhood directly north of the site in regard to density and intensity. Furthermore, with respect to Appendix A, Section 3.2 of Miami 21 regarding the NCD-3 (Neighborhood Conservation District-3), which is an overlay designed to protect the architectural variety within the unique single family neighborhood that compromises Coconut Grove, the restrictive covenant would limit development to an intensity that that conforms to the existing buildings on the site. The proposed rezoning from the T3-R/NCD-3 to T4-R/NCD-3 would provide a transition in height and intensity between the T3-R parcels to the north and the T5-R bayside portion of the property (explain how) which is consistent with the intent of the Miami 21 Code. While the lot is split zoned T3-R/NCD-3 and T5-R/NCD-3, rezoning the T3-R/NCD-3 portion of the lot to T4-R/NCD-3 will increase residential density from 9 units per acre to 36 units per acre, this is triple the current residential density allowed. The restrictive covenant submitted by the applicant would limit development intensity that would provide proper transitions between differing Transect Zones. The analysis is based on the restrictive covenant which limits development on the proposed T4- R/NCD-3 portion of the parcel to a maximum of 12 units (as exists today), limits development on the entire parcel to 26 units, limits the uses allowed on the entire parcel, limits the height of the portion of the site abutting the T3-R/NCD-3 zone and "Single Family Residential" land use, and establishes setbacks next to the "Single Family Residential" land use that are greater than what is required. Therefore, the highest potential use is being considered. Finding: Consistent with the intent of the Miami 21 Code CONCLUSION: As discussed above, the applicant has submitted a restrictive covenant to reduce potential impacts of the rezoning from T3-R/NCD-3 to T4-R-NCD-3. Therefore, staff is believes that the potential for deleterious impacts has been mitigated by the restrictive covenant attached to the proposed rezoning. With consideration to the fact that the site currently has buildings of a higher density and intensity than the surrounding single-family uses, staff feels that the restrictive covenant provides sufficient limitations that will ensure any future development does not exceed existing conditions. 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 applicant's request of the proposed rezoning as presented from T3-R/NCD-3 to T4-R/NCD-3. The requested change of zoning is an intrusion of a higher density and intensity to the neighboring properties. Christopher Brimo, AICP Chief of Land Development J. Ellis June 4, 2015 File Id. 15-00084zc Page 3 of 3 MIAMI 21 MAP (PROPOSED) ,; \ ..... MENTAL rPRESERVATION'51 ENVIRONMENTAL" . PRESERVATION -52 ... Coconut Grove Neighborhoo Conservation`District' N 0 125 250 500 Feet 1 1 1 1 1 1 I 1 1 ADDRESS: 3581 E GLENCOE ST, MIAMI, FL 33133 MIAMI 21 MAP (EXISTING) ENVIRONMENTAL. y' PRESERVATION =52 0 125 250 ........... BAYSHORE CT 500 Feet ADDRESS: 3581 E GLENCOE ST, MIAMI, FL 33133 0 125 250 I 500 Feet IIIII 1 1 I ADDRESS: 3581 E GLENCOE ST This instrument was prepared and after recording return to: Name: Javier E. Fernandez, Esq. Address: Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 W. Flagler Street, 22nd Floor Miami, FL 33130 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") is made this day of , 2015, by BAY COLONY LEASEHOLD, LLC (hereinafter, the "Owner"), a Florida limited liability company, its successors and/or assigns, in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter, the ""). RECITALS WHEREAS, the Applicant is the contract purchaser of that certain parcel(s) of land commonly referred to as 3581 E. Glencoe Street in Miami, FL, as more particularly described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, in January of 2015, the Applicant filed applications requesting: (i) an amendment to the Comprehensive Plan re -designating the Property from "Single Family Residential' and "Medium Density Multifamily Residential" to "Low Density Multifamily Residential" and "Medium Density Multifamily Residential" on the City's Future Land Use Map ("FLUM Amendment"); and (ii) a rezoning of the Property from T3-R/NCD-3 "Sub -Urban Transect Zone Restricted/Neighborhood Conversation District 3" and T5-R/NCD-3 "Urban Center Transect Zone Restricted/Neighborhood Conservation District 3" to T4-R/NCD-3 "General Urban Transect Zone Restricted/Neighborhood Conservation District 3" and T5-R/NCD-3 "Urban Center Transect Zone Restricted/Neighborhood Conservation District 3" (the "Zoning Atlas Amendment") (collectively, the "Application"); and WHEREAS, the Owners submit this Declaration, a recordable agreement in favor of the City, for the purpose of guaranteeing that the future redevelopment of the Property shall be consistent with the standards set forth herein below. NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors, vendees, and assigns as follows: Section 1. The recitals set forth above are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the Property: A. Permitted Uses. The uses on the Property shall be limited to residential uses. Notwithstanding the rezoning of the Property to the T4-R Transect Zone, the following uses are prohibited: lodging and educational uses. B. Residential Density. Notwithstanding the rezoning of the Property to T4-R and T5-R Transect Zone designations, which designations would otherwise permit the development of up to forty-one (41) dwelling units, not more than twenty-six (26) dwelling units shall be permitted on the Property. The Owner further covenants that the total number of dwelling units constructed on the T4-R portion of the Property shall not exceed twelve (12) dwelling units, which number of dwelling units is equivalent to the number units found on said portion of the Property as of the effective date of this Declaration. C. Height & Massing. The maximum height permitted for the development of the Property shall be as follows: (i) thirty-eight feet (38') above the base flood elevation to the top the primary roof of any building or structure located on the T4-R designated portion of the Property, excluding any ornamental features or architectural projections; and (ii) the maximum height permitted under the Miami 21, as amended through May 2015, for portions of the Property designated T5-R. D. Setbacks. Any building constructed on T4-R designated portions of the Property shall maintain a minimum setback of twenty feet (20') from the property line shared with the abutting T3-R denominated parcel, whose street address of 3551 E. Glencoe Street, Miami, FL (Folio No. 01-4114-008-0170). E. Design Development Documents. Owner covenants that the construction of all future improvements on the Property shall be in compliance with all applicable requirements of the City Charter, City Code and Miami 21. Section 3. Effective Date. The provisions of this Declaration shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. Section 4. Term of Declaration. This Declaration shall remain in full force and effect for a period of thirty (30) years from the date this instrument is recorded in the Public Records, after which time they shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof and in accordance with the terms of Section 5. Section 5. Amendment & Modification. This Declaration may modified, amended, or released as to any portion of the Property by a subsequent written instrument executed by the then Owners of the Property to be affected by such modification, amendment or release and providing the same has been approved by the Miami City Commission following a public hearing, which costs of the application and notice for such public hearing shall be paid by the Owner. Any modification, amendment or release of this Declaration shall be subject to the approval as to legal form by the City Attorney. Section 6. Inspection & Enforcement. An enforcement action may be brought by the City or by any person residing or working within five (500) feet of the Property, by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. The preceding section shall not apply in any action or suit against the City of Miami. This enforcement provision shall be in addition to any other remedies available under the law. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 8. Recordation. This Declaration shall be promptly filed of record among the Public Records of Miami -Dade County, Florida, at the Owner's sole cost and expense immediately following the City Commission's final adoption of the FLUM Amendment and Zoning Atlas Amendment and the expiration of any applicable appeal periods for such development orders. The Owner shall provide the City's Zoning Administrator with a certified copy of the recorded Declaration within thirty (30) days of its recordation. [ SIGNATURE PAGES TO FOLLOW ] Witnesses: BAY COLONY LEASEHOLD, LLC Signature Print Name Signature Print Name State of Florida Miami -Dade County By: Name: Title: The foregoing instrument was acknowledged before me by of Bay Colony Leasehold, LLC, a Florida limited liability company. He is personally known to me or has produced , as identification. Witness my signature and official seal this State aforesaid. as day of 2015, in the County and Notary Public State of Florida My Commission Expires: Print Name APPROVED FRANCISCO J. GARCIA IRENE S. HEGEDUS Director of Planning & Zoning Zoning Administrator APPROVED AS LEGAL FORM AND CORRECTNESS: VICTORIA MENDEZ City Attorney EXHIBIT "A" LEGAL DESCRIPTION Lot 1, Block 5, and Lots 18 through 22, both inclusive, Block 2, GLENCOE, according to the Plat thereof, as recorded in Plat Book 5, Page 119, of the Public Records of Miami -Dade County, Florida. #4276368 vl Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-041 File ID 15-00084zc June 17, 2015 Item PZAB.2 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-R/NCD-3 "SUB -URBAN TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION DISTRICT 3" AND T5- R/NCD-3 "URBAN CENTER TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION DISTRICT 3" TO T4-R/NCD-3 "GENERAL URBAN TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION ZONE 3" AND T5-R/NCD-3 "URBAN CENTER TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION DISTRICT 3", FOR THE PROPERTY LOCATED AT APPROXIMATELY 3581 EAST GLENCOE STREET, 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 Ms. Jennifer Ocana Barnes, the motion passed and was adopted by a vote of 9 - 0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Yes Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Yes Mr. Daniel Milian Yes Mr. Juvenal Pia Absent Ms. Melody L. Torrens Absent Mr. Manuel J. Vadillo Yes Mr. David H. Young Absent Franis_co Garcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ijjji$ Executio bat 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 I�-� i DAY OF Ti -I },. t' 2015. % I/ ,,1Ik' 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 r% My Commission Expires: ;;e:P•••.,, VANESSATRUJILLO ''� MY COMMISSION * FF 229944 a•.,:-�. . EXPIRES: July 11, 2019 ''�•Rt Spa Bonded Thni NotaryPublic Undennitme EXHIBIT "A" LEGAL DESCRIPTION Lot 1, Block 5, and Lots 18 through 22, both inclusive, Block 2, GLENCOE, according to the Plat thereof, as recorded in Plat Book 5, at Page 119, of the Public Records of Miami -Dade County, Florida.