HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS FOR
CHANGE OF ZONING
FILE ID: 15-00061zc
PROJECT ADDRESS: 3101, 3111, 3125, 3131 and 3145 West Flagler Street
APPLICANT: Gilbert Pastoriza, Esquire, on behalf of the owner, Coinco Investment Co., Inc.
COMMISSION DISTRICT: District 3 NET OFFICE: West Flagler
ZONING DESIGNATION: T5-L (Urban Center Transect Zone -Limited)
GENERAL INFORMATION:
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 five abutting properties (3101, 3111, 3125,
3131 and 3145 West Flagler Street) from T5-L (Urban Center Transect Zone -Limited) to T6-8-L
(Urban Core Transect Zone -Limited).
The subject area consists of five properties located on the north side of West Flagler Street.
These properties make up the south half of this city block and contain approximately 1.23 acres.
The properties are bounded by NW 31st Avenue to the west, NW 32"d Avenue to the east, NW
Flagler Terrace to the north and W. Flagler Street to the south. The related folios numbers for
the five properties are: 01-4104-020-1520, 01-4104-020-1530, 01-4104-020-140, 01-4104-020-
1570 and 01-4104-202-1580). The complete legal description is on file with the Hearing Boards
Section.
BACKGROUND:
The subject properties are zoned T5-L and are developed with one-story, residential units on
each lot. The property was previously zoned "R-3" (Multi -Family Medium Density Residential)
under the 11000 Code and was subsequently rezoned on April 2010 under Miami 21 to Urban
Center Transect Zone -Limited (T5-L). To the north of the site the properties are zoned T3-R
(Sub Urban —Restricted) and to the east, west and south the properties are zoned T5-L (Center
Transect Zone -Limited).
The applicant is proposing a change of zoning from T5-L (Urban Center Transect Zone -Limited)
to T6-8-L (Urban Core Transect Zone -Limited).
COMPREHENSIVE PLAN:
As proposed, the requested zoning designation 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 Medium Density
Restricted Commercial to Restricted Commercial as a companion item.
EXISTING NEIGHBORHOOD CHARACTERISTICS:
ZONING FUTURE LAND USE DESIGNATION
Subject Properties: Subject Properties:
T5-L; Urban Center Transect Zone Restricted Commercial
Limited Maximum of 65 D.U. per acre
Surrounding Properties
NORTH: T3-R; Sub -Urban Transect Zone Single -Family Residential
Restricted Maximum of 9 D.U. per acre
SOUTH: T5-L; Urban Center Transect Zone Commercial Restricted
Limited Maximum of 65 D.U. per acre
EAST: T5-L; Urban Center Transect Zone Restricted Commercial
Limited Maximum of 65 D.U. per acre
WEST: T5-L; Urban Center Transect Zone Restricted Commercial
Limited Maximum of 65 D.U. per acre
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 zoning request would be inconsistent with the goals of the Miami 21
Code as the request is not compatible with the abutting single-family zoning district
to the north. Furthermore, this request does not provide a transition in the intensity of
uses and building heights.
Although the proposed rezoning is for an area that spans half of a city block, the
rezone to T6-8-L would result in an inconsistent zoning pattern, as there is no other
T6-8-L zoning in the immediate vicinity. The T6-8-L will increase residential density
from 65 units per acre to 150 units per acre, which is more than double the current
residential density allowed. The size and scale of the adjacent uses and structures
within the neighborhood do not support this increase in density and intensity.
File Id. 15-00061zc
Page 2 of 3
There are commercial and multi -family uses fronting W. Flagler Street, within the
immediate vicinity of the subject site. The floor heights of these structures are
predominately one and two floors, although there is a multi -family complex south of
the site which is four floors. With the floor heights predominantly one and two stories
in the area, the proposed rezoning will not provide a transition in building heights. For
the abutting properties to the North.
The applicant has submitted a Restrictive Covenant to limit the future development of
the site. The covenant proposes to keep the current maximum of six floor for a period
of thirty (30) years and reduce the residential density to 164 units. However, the
submitted Restrictive Covenant is not tied to any proposed site or development
plans. As such, staff cannot analyze the potential effects of new construction under
the T6-8-L zone without considering a maximum build out scenario. Furthermore,
the proposed rezoning may create domino effect in the vicinity. The proposed up
zoning to T6-8-L is not compatible with the existing development patterns and single-
family uses in the immediate neighborhood.
Finding: Inconsistent with the intent of the Miami 21 Code
CONCLUSION:
As previously discussed, the applicant has submitted a Restrictive Covenant to limit the future
development of the site. Although, the Restrictive Covenant could potentially reduce impacts of
the rezoning, plans were not submitted for staffs comment or analyses to verify what may be
built. Additionally, there are no structures in the adjacent blocks within the same zoning district,
or with the proposed height and density permitted by the T6-8-L zone.
Based on the materials submitted, staff finds that the request is inconsistent with the goals of
Miami 21. This request is incompatible with the surrounding zoning districts, does not provide
an appropriate transition in zoning, and creates spot zoning.
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 denial of the applicant's request
of the proposed rezoning as presented. The requested change of zoning is an intrusion of a
higher density and intensity to the neighboring properties.
&L/
Christopher Brimo
Chief of Land Development
J. Ellis
March 2, 2015
File Id. 15-00061zc
Page 3 of 3
Analysis for ZONING CHANGE
File ID: 15-00061zc
Yes No N/A.
❑ ® ❑ 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.
❑ Z ❑ 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.
❑ Z ❑ k) The proposed change has the same or similar impact on light and air to
adjacent areas as the existing classification.
❑ Z ❑ I) The proposed change has the same or similar impact on property values in the
adjacent area as the existing classification.
❑ Z ❑ 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.
❑ Z ❑ o) There are substantial reasons why the use of the property is unfairly limited
under existing zoning.
❑ Z ❑ p) It is difficult to find other adequate sites in the surrounding area for the
proposed use in districts already permitting such use.
MIAMI 21 ZONING MAP (EXISTING)
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NW 1ST ST
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ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST
MIAMI 21 ZONING MAP (PROPOSED)
NW 32ND CT
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NW 2ND ST
NW 1ST ST
NW FLAGLER TER
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T6-8-L
W FLAGLER ST
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W 2ND ST
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0 150 300 600 Feet
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ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST
0 150
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600 Feet
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ADDRESS: 3101, 3111, 3125, 3131 & 3145 W FLAGLER ST
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-15-049
File ID 15-00061zc July 15, 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 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 T5-L "URBAN
CENTER TRANSECT ZONE LIMITED" TO T6-8-L "URBAN CORE TRANSECT ZONE LIMITED", FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, 3145 WEST FLAGLER 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 Mr. David Young, the motion passed and was adopted by a vote of
7-0:
Ms. Jennifer Ocana Barnes Absent
Mr. Chris Collins Absent
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Yes
Ms. Maria Beatriz Gutierrez Yes
Dr. Ernest Martin Absent
Mr. Daniel Milian Yes
Mr. Juvenal Pina Abstain
Ms. Melody L. Torrens Yes
Mr. Manuel J. Vadillo Absent
Mr. David H. Young Yes
,� Fran ' isco pai=cia, Director
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Executi)1041
n Date
11(
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.
r-),,r kA")
SWORN AND SUBSCRIBED BEFORE ME THIS I6, 1 DAY OF _ , 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
Notary Public State of Florida
My Commission Expires:
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EXHIBIT "A"
LEGAL DESCRIPTION
Lots 10, 11, 12, 13, 14 15, 16, 17 and 18 (less the North 6.00 feet of said Lots 16, 17 and 18), all
in Block 13 of ELDORADO HEIGHTS, according to the Plat thereof, as recorded in Plat Book
5, at Page 72, of the Public Records of Miami -Dade County, Florida.
Addresses: 3101, 3111, 3125, 3131 and 3145 West Flagler Street, Miami, Florida