HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS FOR
CHANGE OF ZONING
APPLICANT: Coconut Grove Gateway, LLC FILE ID: 15-00969zc
PROJECT ADDRESS: 3860, 3850, 3840, 3830, 3875 ZIP: 33133
3865, 3851 and 3841 Day Ave
NET OFFICE: South / West Coconut Grove HEARING DATE: 9/16/15
COMMISSION DISTRICT: District 2 ITEM: PZAB.1
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 group of parcels zoned T3-0 "Suburban
Transect Zone" to T4-0 "General Center Transect Zone".
The subject properties form part of the Percival Plat and Sanford Subdivision and are located within
the South / West Coconut Grove NET area and the Village West Island & Charles Ave Neighborhood
Conservation District (NCD-2). The parcels combined lot area is approximately 1.07 acres, located
on the northeast and southeast corner of Day Avenue and Brooker Street. (Complete legal
description is on file with the Hearing Boards Section).
B. BACKGROUND:
The subject site is comprised of eight individually plated lots with six (6) existing duplexes and two
(2) single-family homes developed between 1953 and 1960. Lots 8, 9, 10 and 11 are located on the
north side of Day Avenue and lots 12, 13, 14, and 15 are located on the south side of Day Avenue,
directly south of lots 8-11 as per Exhibit A entitled "Lots 8-15 of the Revised Percival Plat & Sanford
Subdivision" attached hereto. The properties were previously zoned Two -Family Residential District
"R-2" and were subsequently rezoned on April 2010 under Miami 21 to Suburban Transect Zone'T3-
0". Subsequently to the rezoning the applicant acquired the lots between May and December of
2012 with the intent to redevelop the site. The applicant is currently seeking a change of zoning from
T3-0 to T4-0 and has proffered a covenant, attached hereto as Exhibit B entitled "Covenant"
restricting the uses to residential for the four (4) southern parcels fronting Day Avenue.
14-00969zc
Page 1 of 6
C. COMPREHENSIVE PLAN:
The requested zoning designation of T4-0 is inconsistent with the current Miami Comprehensive
Neighborhood Plan (MCNP) designation of Duplex Residential. 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 under File No. 14-005051u.
D. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T3-0 Sub -Urban Transect Zone
Surrounding Properties
FUTURE LAND USE DESIGNATION
Duplex Residential
Maximum of 18 D.U. per acre
NORTH: T6-8-0; Urban Transect Zone Restricted Commercial
(adjacent) and US-1 Highway Maximum of 150 D.U. per acre
SOUTH: T3-0; Sub -Urban Transect Zone Duplex Residential
(adjacent) Percival Subdivision Maximum of 18 D.U. per acre
EAST: T5-0; Urban Center Transect Zone Medium Density Restricted Commercial
(adjacent) Auto Related Commercial Maximum of 65 D.U. per acre
T3-0; Sub -Urban Transect Zone Duplex Residential
(adjacent) Percival Subdivision Maximum of 18 D.U. per acre
WEST: SFR; Single Family Residential Single -Family Residential
(across) City of Coral Gables Maximum of 6 D.U. per acre
E. 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's: 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: Lots 8, 9, 10 and 11 are legally platted parcels located within the Percival Subdivision & lie
within the norther edge of the Village West Island & Charles Ave Neighborhood Conservation
14-00969zc
Page 2 of 6
District (NCD-2). Staff finds the proposed zoning request is consistent with the goals of the
Miami 21 Code and the (NCD-2) as the request is compatible with the surrounding zoning
districts and provides a transition in height and intensity. Staff notes that lot 8 directly abuts
a T5-0 to the east, lots 8, 9,10, and 11 abut a T6-8-0 to the north. The northwestern portion
of lot 1 front's a major commercial arterial thoroughfare known as (US-1 / South Dixie Hwy).
In addition, staff notes that said parcels are approximately within 500' +/- of the Douglas
Road Metrorail Station. A major north south transit hub surrounded by T6-12 and T6-8
transect zones which permits a maximum density of up to 150 dwellings units per acre. The
abutting parcels to the north and east have active auto related commercial uses. See Image
1 below.
Rezoning lots 8 through 11 would provide a transition in height and intensity between the
T6-8-0 to the north and the T5-0 to the east. Furthermore the rezoning would clearly demark
Day Avenue as the clear boundary between the commercial uses to the north and the
residential uses to the south.
Finding: Consistent with the intent of the Miami 21 Code
Max 150 du/ac
Douglas Road Station
Max 150 du/ac
T6-6-0
T4-0
Ma'r .4n ''. !ac
Max 19 du/ac
Image 1
Max 19 du/ac
Max 9 du/ac
n-a
Max 19 du/ac
Analysis: Lots 12, 13, 14 and 15 are legally platted parcel located within the Percival and Sanford
Subdivision & lie directly to the south of Day Avenue. Staff finds the proposed zoning request
is inconsistent with the goals of the Miami 21 Code and the (NCD-2) as the request is not
14-00969zc
Page 3 of 6
compatible with the surrounding zoning districts nor would it provide a transition in height
and intensity. Staff notes that Day Avenue serves as the boundary between the commercial
uses to the north and the residential uses to the south. Rezoning lots 12, 13, 14 and 15 from
T3-0 to T4-0 would increase density, height and intensity into the clearly established
residential district to the south of Day Avenue. Said rezoning would allow for the intrusion of
commercial uses into the residential district such as but not limited to General Commercial,
Entertainment and Food Establishment uses. See chart entitled "Building Function: Uses"
below:
"Building Function: Uses" Excerpt of Article 4, Table 3 of Miami 21 Code" how the new
uses will impact the surrounding area with the proposed rezoning.
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
14-00969zc
Page 4 of 6
CAL. 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 / VOCATIONAL
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
"Building Function: Uses" Excerpt of Article 4, Table 3 of Miami 21 Code" illustrate how the new uses will impact the surrounding area
with the proposed rezoning.
The intrusion of commercial uses into the residential district and the increase in density from
18 dwelling units to 36 dwelling units per acre in addition to an increase in height from 2
stories (25' to eave max) to 3 stories (40' max height) may have an adverse negative impact
in the Level of Services (LOS) and character of the neighborhood.
Furthermore, staff notes that rezoning Lots 12,13,14, and 15 will allow for the encroachment
of higher intensity and height in the neighborhood. Staff has expressed concerns that the
up -zoning of said parcels may put at risk the remaining bungalows and shotgun houses in
the immediate vicinity.
Finding: Inconsistent with the intent of the Miami 21 Code
F. NEIGHBORHOOD SERVICES:
Code Compliance
Building
Historic Preservation
Environmental Resources
NET
No Objection
Required
No Objection pursuant to staffs recommendations.
No Objection
No Objection
14.00969zc
Page 5 of 6
G. CONCLUSION:
Lots 8, 9,10 and 11 (3841, 3851, 3865, and 3875 Day Avenue)
The Department of Planning and Zoning recommends approval of the applicant's request for a
change of zoning for Lots 8, 9, 10 and 11. Staff finds the proposed zoning request is consistent
with the goals of the Miami 21 Code and the (NCD-2) as the request is compatible with the
surrounding zoning districts and provides an appropriate transition in height and intensity.
Lots 12, 13,14 and 15 (3860, 3850, 3840 and 3830 Day Avenue)
The Department of Planning and Zoning recommends denial of the applicant's request for a change
of zoning for Lots 12, 13, 14 and 15. The proposed change of zoning is an intrusion of a higher
density and intensity into the transitional zoning. As such, the proposed request would be
incompatible as there is no T4-0 adjacent to the property. However, the applicant has proffered a
covenant limiting the development to residential uses for (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 T4-0 and restrict the uses to residential do not merit a change of
zoning as said request shall not be taken into consideration pursuant to Article 7, Section 7.1.2.8
(a)(3) & (f)(2) of Miami 21 Code.
Staff finds the zoning request for Lots 12, 13, 14, and 15 are inconsistent with the goals of the
Miami 21 Code as the request is not compatible with the surrounding zoning districts nor 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 for Lots 8, 9,10 and 11 (3841, 3851, 3865, and 3875 Day Avenue) and denial of lots 12,
13,14 and 15 (3860, 3850, 3840 and 3830 Day Avenue).
Christopher Brimo AICP
Chief of Land Development
8/31/15 Efren Nunez
14.00969zc
Page 6 of 6
EXHIBIT A
"Lots 8-15 of the Revised Percival Plat and Sanford
Subdivision"
COCONUT GROVE GATEWAY LLC. 15-00969ZC
Lots 8-15 of the Revised Percival Plat and Sanford Subdivision (15-00969zc)
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LOT 11
3875 Day Avenue
LOT 10
3865 Day Avenue
LOT 9
3851 Day Avenue
LOT 8
3841 Day Avenue
LOT 12
3860 Day Avenue
LOT 13
3850 Day Avenue
LOT 14
3840 Day Avenue
LOT 15
3830 Day Avenue
3830 Day Avenue, Miami FL 33133
DAY AVENUE
PE • CIVALA NUE
100 ft
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3860 Day Avenue, Miami FL 33133
PECIVA NUE
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Day Ave
3851 Day Avenue, Miami FL 33133
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EXHIBIT B
"COVENANT"
COCONUT GROVE GATEWAY LLC. 15-00969ZC
This instrument is prepared by
(and after recording )
please return this instrument to:
Ryan D. Bailine, Esq.
Greenberg Traurig
333 SE 2 Avenue, Suite 4400
Miami, FL 33131
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, Coconut Grove
Gateway LLC, a Florida Limited Liability Corporation ("Declarant") hereby makes,
declares and imposes on the land herein described, this Declaration of Restrictive
Covenants (the "Covenant") running with title to the land contained herein, which shall
be binding on Declarant, all heirs, grantees, successors and assigns, personal
representatives, mortgagees, lessees, and against all persons claiming by, through or
under them.
WHEREAS, Declarant is the fee simple title holder to certain properties located
in Miami -Dade County, Florida, more particularly described on Exhibit "A"
(collectively the "Property") attached hereto and incorporated herein; and
WHEREAS, Declarant is seeking to rezone the Property from T3-O to T4-O; and
WHEREAS, in response to certain comments from Planning staff regarding
commercial uses on the southern half of the Property South of Day Avenue (collectively,
the "South Parcels"), Declarant proffers this Covenant; and
WHEREAS, Declarant declares certain restrictive covenants which shall burden
the South Parcels in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the premises, agreements and
covenants set forth hereinafter, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged by Declarant, the Declarant hereby
creates and places the following covenants and restrictions on the South Parcels:
A. Recitals. The foregoing recitals are true and correct and are
incorporated herein as if repeated at length.
B. Use Restrictions. In connection with the City's consideration of a
rezoning application for the Property, the Declarant hereby covenants that the South
Parcels shall not be used, assigned, or sublet for commercial uses.
MIA 184832788v1
Declaration of Restrictive Covenants
Page 2 of 5
C. Covenant Running with the Land. This Covenant on the part of
the Declarant shall constitute a covenant running with the land and shall be recorded, at
Declarant's expense, in the Public Records of Miami -Dade County, Florida, and shall
remain in full force and effect and be binding upon the undersigned Declarant, and its
heirs, successors, and assigns until such time as the Covenant is modified or released.
These restrictions during their lifetime shall be for the benefit of, and be a limitation
upon, all present and future owners of the South Parcels and for the public welfare.
The provisions of this instrument shall become effective upon their recordation in
the Public Records of Miami -Dade County, Florida, and shall continue in effect for a
period of thirty (30) years after the date of such recordation, after which time they shall
be extended automatically for successive periods of ten (10) years each, unless released
in writing by the following: (i) then owners of the South Parcels (or if any portion of the
South Parcels has been submitted to the condominium form of ownership, then by the
association established to operate the condominium in lieu of all of the owners thereof)
AND (ii) the Directors of the Departments of Public Works, Planning and Zoning, and
Building of the City of Miami, subject to the approval of the City Attorney as to legal
form, or their respective designees or successors, upon the demonstration and affirmative
finding that the same is no longer necessary to preserve and protect the South Parcels for
the purposes stated herein.
D. Enforcement. Enforcement shall be by action against any parties
or person violating, or attempting to violate any covenant contained herein. This
enforcement provision shall be in addition to any other remedies available at law or in
equity or both. This Covenant shall be construed and enforced in accordance with the
laws of the State of Florida.
E. Election of Remedies. All rights, remedies, and privileges granted
herein shall be deemed to be cumulative and the exercise of any one or more shall neither
be deemed to constitute an election of remedies, nor shall it preclude the party exercising
the same from exercising such other additional rights, remedies or privileges.
F. Severabilit_y. Invalidation of any one of these covenants, by
judgment of Court, in no way shall affect any of the other provisions, which shall remain
in full force and effect.
G. Recording. This Declaration shall be recorded in the Public
Records of Miami -Dade County at the Declarant's expense. The City of Miami City
Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a copy within
thirty (30) days of recordation.
SIGNATURE PAGE TO FOLLOW
MIA 184832788v1
Declaration of Restrictive Covenants
Page 3 of 5
Signed, witnessed, executed and acknowledged this day of , 2015.
Coconut Grove Gateway, LLC, a Florida
limited liability company
By:
Name:
Title:
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this day of , 2015 by
, who is
personally known to me, or has produced , as
identification and she acknowledged before me that he executed the same, freely and voluntarily,
for the purposes therein expressed.
Name:
Notary Public, State of
Commission No.
MIA 184832788v1
Declaration of Restrictive Covenants
Page 4 of 5
Exhibit "A"
Legal Descriptions
NORTH PARCELS
PROPERTY ADDRESS: 3875 DAY AVE
FOLIO No.01-4120-013-0090
LEGAL DESCRIPTON:
LOT 11, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION OF PART OF THE
SE a OF THE NE OF SECTION 20, TOWNSHIP 54 SOUTH , RANGE 41 EAST,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140,
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THE
SOUTH 5 FEET, PER THE WARANTY DEED TO THE CITY OF MIAMI RECORDS IN
O.R. BOOK 3684, PAGE 271 AND RE -RECORDED IN O.R. BOOK 4941, PAGE 402,
ALSO LESS AND EXCEPT THAT PORTION OF SAID LOT 11 CONVEYED TO DADE
COUNTY, IN THE RIGHT OF WAY DEED RECORD IN O.R. BOOK 4146, PAGE 214,
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3865 DAY AVE
FOLIO No.01-4120-013-OO80
LEGAL DESCRIPTON:
LOT 10, LESS THE 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND
SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3851 DAY AVE
FOLIO No.01-4120-013-0070
LEGAL DESCRIPTON:
LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
PROPERTY ADDRESS: 3841 DAY AVE
FOLIO No.01-4120-013-0060
LEGAL DESCRIPTON:
LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
MIA 184832788v1
Declaration of Restrictive Covenants
Page 5 of 5
SOUTH PARCELS
PROPERTY ADDRESS: 3830 DAY AVE
FOLIO No.01-4120-013-0030
LEGAL DESCRIPTON:
LOT 14 AND 15,REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION, ACCORDING
TO THE. PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3840 DAY AVE
FOLIO No.01-4120-013-0020
LEGAL DESCRIPTON:
LOT 14 AND 15,REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3850 DAY AVE
FOLIO No.01-4120-013-0010
LEGAL DESCRIPTON:
LOT 13, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND
SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3860 DAY AVE
FOLIO No.01-4120-013-0100
LEGAL DESCRIPTON:
LOT 12, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND
SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
MIA 184832788v1
LETTER OF INTENT
COCONUT GROVE GATEWAY LLC. 15-00969ZC
GT
GreenbergTraurig
July 17, 2015
Mr. Francisco Garcia
City of Miami
Director of Planning and Zoning
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33131
Ethan Wasserman
305-579-0784
wassermane@gtlaw.com
Re: Applications for Comprehensive Plan Amendment and Rezoning
(collectively, the "Applications")
3875, 3865, 3851, 3841, 3830, 3840, 3850, and 3860 Day Avenue, Miami,
Florida (collectively, the "Property")
Coconut Grove Gateway, LLC ("Applicant")
Dear Mr. Garcia:
Our firm represents the Applicant in connection with the Applications. Please accept this
Letter of Intent along with the enclosed Applications in accordance with the requirements of
Article 7.1.2.8(c)(2)(g) of Miami 21. Specifically, the Applicant is requesting a zoning change
from T3-O to T4-O pursuant to the successional zoning requirements of Section 7.1.2.8 of
Miami 21 and a modification of the Miami Comprehensive Neighborhood Plan
("Comprehensive Plan") Future Land Use Map designation from Duplex Residential ("DR") to
Low Density Restricted Commercial ("LDRC").
PROPERTY INFORMATION
According to the enclosed survey prepared by Engineering & Surveying Consultant,
dated June 6th, 2015, the Property contains approximately 46,721.79 square feet or 1.07 acres in
area and consists of six (6) duplex and two (2) single-family residential units (collectively, the
"Existing Structures"), depicted below in Image 1. The Existing Structures were originally
constructed between 1953 and 1960. They are currently in need of repair and maintenance, and
ultimately demolition once the new zoning is in place.
GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • MAISIEE.4§8A, • Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717
The Applicant seeks to rezone the Property to allow for the redevelopment of the Existing
Structures with a more appropriate project in light of the surrounding properties' current use and
the changing character of the neighborhood. The Property currently abuts state road US-1 and an
outdoor motor vehicle dealership with mechanical repair shop to the North and East.
Additionally, the Property abuts the City of Coral Gables to the West and multi -family housing
development to the South and East.
REZONING ANALYSIS
The current zoning for the Property is T3-O. The Applicant requests to rezone the
Property from T3-O to T4-O pursuant to the successional zoning requirements of Section 7.1.2.8
of Miami 21. The Applicant's request complies with the 40,000 square foot minimum land area
requirements for rezoning consideration pursuant to Section 7.1.2.8(c)(1) of Miami 21. For the
reasons outlined below, the proposed rezoning is appropriate for the Property and should be
approved.
Image 2
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1. An analysis of the Property shows that the existing conditions of the
surrounding properties supports the rezoning to T4-O
Section 7.1.2.8(f)(2) of Miami 21 encourages appropriate transitional zoning to provide
compatible intensity and building heights between neighboring transects. The Property has a T3
zoning designation and directly abuts T5 zoning to the East and T6-8 zoning to the North.
Additionally, there are properties with T6-12 zoning less than 100 feet from the northern border
of the Property. A portion of the Property also fronts US-1, which is classified as a Principal
Arterial Thoroughfare per Map TR-2 of the City's Comprehensive Neighborhood Master Plan,
depicted in image below.
US-1 is a major thoroughfare consisting of mainly commercial and retail uses more
compatible with the requested zoning than the existing low scale residential uses permitted on
covEI fg4.0G, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
the Property, as further depicted in Image 3 below. In other words, the Property abuts zoning
designation(s) that permit much higher density and intensity compared to the Property's current
T3-O designation. From a zoning perspective, the requested rezoning will provide a more
contextual decrease in zoning intensity from the neighboring transects to the East to the less
intense designated districts to the West.
Image 3
,Go Auto Electric , -''
Car Dealership ;T `,.
�`V>tor"y and ,.
Indian
Motorcycle
\,'Dealership
The property located at 3850 S. Dixie Highway, directly abutting the Property to the
East, contains three motor vehicle dealerships, Go Auto Electric, Victory of Miami and Indian
Motor Cycle of Miami (collectively, the "Dealerships"). The Dealerships contain outdoor car and
motorcycle sales, storage, and a mechanical repair and service shop, as depicted in the Image 4
below.
The proposed rezoning of the Property to a T4 zoning designation will allow for a more
compatible use of the Property in relation to the more intense commercial uses on the abutting
properties; The T4 zoning designation will provide an appropriate transition of density and
height improving the relationship between the Low Density Residential neighborhoods to the
West and the adjacent Commercial Corridors to the East furthering the Goals, Objectives and
Policies of the City of Miami's Comprehensive Plan as further discussed below.
WERAIkg G, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
In addition to the Dealerships, the Property is neighbored by a Miami -Dade County
("County") housing development with over eleven (11) residential buildings. In addition to the
housing development, the County also owns the property East of the Dealerships, located less
than 200 feet from the Property, containing the Frankie Shannon Rolle Neighborhood Service
Center'. As depicted below, the Property's surrounding uses, including the housing
development, the County Service Center and Commercial uses, confirm the current T3 zoning
designation is incompatible with the surrounding properties.
Image 5
To the Northwest of the Property, on the North side of US-1, lies both the City of Miami
to the East and the City of Coral Gables to the west. As depicted below in Image 6, the City of
Coral Gables parcels, located less than 100 feet from the northwest boundary of the Property, are
zoned "Industrial", and are within the "South Industrial Mixed -Use District" (MXD), which
' The Frankie Shannon Rolle Neighborhood Service Center provides an array of community services, including
food distribution and related services catered to low income individuals and families.
ENgG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
permits a variety of mixed uses. The proposed T4-O zoning designation will provide a more
compatible use of the Property given the surrounding properties existing zoning designations and
allow for adequate transition between the industrial sections and residential properties.
Image 6
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12
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Property
MO LORENZO AV
14 ¢J�400
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To the Southwest of the Property, South of US-1, lies residential properties located
within the City of Coral Gables. As depicted above in Image 6, the City of Coral Gables parcels
are located West of the Property and are zoned Single -Family Residential ("SFR") under the City
of Coral Gables zoning code. The SFR zoning designation would be most analogous to a T3-O
zoning designation under Miami 21 and as such would be incompatible with the T6-8 and T6-12
zoning designations and commercial uses located to the Northwest of these properties. The
proposed T4-O zoning designation on the Property will provide an adequate buffer between the
residential uses within the SFR zoning designation and the high intensity uses located with the
T6 and T5 zoning designations to the Northwest.
2. The zoning change request is only to the next intensity Transect Zone and
maintains the goals of Miami 21
Pursuant to the successional zoning table contained in Section 7.1.2.8(a)(3) of Miami 21,
our request complies with the Successional Zoning Standards of Miami 21 as the Applicant's
request seeks to modify the zoning designation from T3 to T4.
TRANSECT ZONE
FLR
SUCCESSIONAL ZONE
FLR
T I
--
T I
--
T2
--
N/A
--
T3
--
T4, CI
--
T4
--
T5, CI
--
T5
--
T6-8, CI
6
T6-8
5
T6-12, CI
8
44E§14G, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
3. The zoning change request furthers the Goals, Objectives and Policies of
the Miami Comprehensive Neighborhood Plan
The proposed rezoning to the next intensity transect zone will accommodate the future
use of the Property in a consistent manner with the goals, objectives, and policies of Miami 21
by fostering redevelopment and creating appropriate buffers between properties of higher density
and intensity uses to the North and East and the residential properties to the West. Specifically,
the proposed rezoning creates a land use pattern that protects and enhances the quality of life in
the residential neighborhoods and provides appropriate transition and buffering between
commercial uses and residential neighborhoods pursuant to policies LU-1.1.3 and LU-1.6.9 of
the Comprehensive Plan. Pursuant to Article 7.1.2.8(c) (2) (g) of Miami 21, please find attached
as Exhibit "B" an analysis of the general planning principles and goals and objectives of the
City's Comprehensive Plan confirming the proposed Rezoning is in conformity with the
Comprehensive Plan.
COMPREHENSIVE PLAN AMENDMENT
The City's Future Land Use Map designates the Property as Duplex Residential ("DR").
The Applicant requests an amendment to the Comprehensive Plan's Future Land Use Map from
DR to Low Density Restricted Commercial ("LDRC"). The LDRC designation allows
residential uses to a maximum density equivalent to "Low Density Multifamily Residential".
The LDRC also allows commercial uses, including uses that "generally serve the daily
retailing and service needs of the public, typically requiring easy access by personal auto, and
often located along arterial or collector roadways," including general retail, restaurants, cafes and
other commercial uses which are consistent with the permitted uses under the T4-O Transect
Zone. The amendment to the Comprehensive Plan would bring the Property in harmony with the
immediately abutting area and would allow for a gradual step-down transition of density and
height from the existing General Commercial to the North and the residential properties to the
South. The abutting properties to the East are designated Medium Density Restricted
Commercial and the properties to the North are designated General Commercial as depicted
below. Accordingly, the proposed Comprehensive Plan change from DR to LDRC is consistent
with the land use designations in the abutting properties and the immediate surrounding areas.
Image 7
Low Density Restricted
Commercial
Duplex Residential
gitH470i0YAIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
CONCLUSION
The rezoning Application to T4-O and the Comprehensive Plan Future Land Use Map
amendment to LDRC is appropriate due to the location of the Property in a commercial and more
intense residential area, is in scale with the surrounding areas, is not contrary to the established
land use pattern in the area, and furthers the goals, policies and objectives of the Comprehensive
Plan. Specifically, the above analysis supports the Applicant's proposed Comprehensive Plan
amendment and Rezoning as consistent with Miami 21 and the Comprehensive Plan.
Enclosed please find the Comprehensive Plan Amendment Application, the Rezoning
Application, a check payable to the City for the associated filing fees for the Applications, and a
survey of the Property in connection with this submittal. If you require any additional
information or would like to discuss further this request, please contact me at 305-579-0784.
Thank you for your attention to and favorable consideration of this matter.
Sincerely,
Ethan Wasserman, Esq.
cc: Coconut Grove Gateway, LLC
Ryan D. Bailine, Esq.
Enclosures
MMEMEKRC$WIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
a
EXHIBIT "A"
CITY OF MIAMI
Map TR-2
Major Tlurnrgltfaws by Functional
Classification (2004)
LEGEND
Principal Arterial Interstate - Urba
Principal Arterial Freeways &
Expressways- Urban
NOther Principal Arterial- Urban
Minor Arterial - Urban
A/Collector - Urban
Local- Urban
Duo City of Miami Eorndary
Miami -Dade County Forts
Highways
Major roads
Local Roads
Water
THE
CORRADINO
GROUP
MaIL$AEfE M§RIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
EXHIBIT "B"
Supporting Land Use Policies for Rezoning and Comprehensive Plan
Amendment for 3875, 3865, 3851, 3841, 3830, 3840, 3850, and 3860 Day
Avenue, Miami, Florida
The rezoning and comprehensive plan amendments are consistent with the
following:
The requested Land Use change to Low Density Restricted Commercial will allow
the property to be developed in a manner and character similar to the
surrounding developments and provide the requisite transition and buffer zone
between higher density and intensity uses and residential properties.
Goal LU-1: Maintain a land use pattern that (1) protects and enhances the
quality of life in the City's neighborhoods; (2) fosters redevelopment and
revitalization of blighted or declining areas; (3) promotes and facilitates
economic development and the growth of job opportunities in the city; (4)
fosters the growth and development of downtown as a regional center of
domestic and international commerce, culture and entertainment; (5) promotes
the efficient use of land and minimizes land use conflicts while protecting and
preserving residential sections within neighborhoods; (6) protects and conserves
the city's significant natural and coastal resources; and (7) protects the integrity
and quality of the City's existing neighborhoods by insuring public notice, input
and appellant rights regarding changes in existing zoning and land use
regulations.
Policy LU-1.1.3: The City's zoning ordinance provides for protection of all areas of
the city from: (1) the encroachment of incompatible land uses; (2) the adverse
impacts of future land uses in adjacent areas that disrupt or degrade public
health and safety, or natural or man-made amenities; (3) transportation policies
that divide or fragment established neighborhoods; and (4) degradation of
public open space, environment, and ecology. Strategies to further protect
existing neighborhoods through the development of appropriate transition
standards and buffering requirements will be incorporated into the City's land
development regulations.
Policy LU-1.1.7: Land development regulations and policies will allow for the
development and redevelopment of well -designed mixed -use neighborhoods
that provide for the full range of residential, office, live/work spaces,
neighborhood retail, and community facilities in a walkable area and that are
amenable to a variety of transportation modes, including pedestrianism,
bicycles, automobiles, and mass transit.
MI®Rt846705544RIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM
Policy LU-1.1.11: The City hereby adopts designation of the City, excluding
Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that
have a land use and zoning classification of Conservation, as an Urban Infill
Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying
generally east of the Palmetto Expressway and including all of the City of Miami.
Within this area, the concentration and intensification of development around
centers of activity shall be emphasized with the goals of enhancing the livability
of residential neighborhoods and the viability of commercial areas. Priority will
be given to infill development on vacant parcels, adaptive reuse of
underutilized land and structures, the redevelopment of substandard sites,
downtown revitalization and the development of projects that promote public
transportation. Maintenance of transportation levels of service within this
designated Urban Infill Transportation Concurrency Exception Area shall be in
accordance with the adopted Transportation Corridors level of service
standards and the City of Miami Person Trip Methodology as set forth in Policies
TR-1.1.2 and 1.1.3 of the Transportation Element of the MCNP.
Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and
revitalization of blighted, declining or threatened residential, commercial and
industrial areas through a variety of public, private, and public -private
redevelopment initiatives and revitalization programs including, where
appropriate, historic designations.
Policy LU-1.2.1: The City defines blighted neighborhoods as areas characterized
by the prevalence of older structures with major deficiencies and deterioration,
high residential vacancies, widespread abandonment of property, litter and
poor maintenance of real property. Declining neighborhoods are defined as
areas characterized by the prevalence of structures having minor deficiencies,
a general need for improvements in real property, significant declines in real
property values, high vacancy rates in commercial structures and increasing
difficulty in obtaining insurance. Neighborhoods threatened with decline are
defined as areas characterized by significant but infrequent property
maintenance neglect, an aging housing stock, declining property values,
general exodus of traditional residents and influx of lower income households.
Policy LU-1.3.15: The City will continue to encourage a development pattern
that enhances existing neighborhoods by developing a balanced mix of uses
including areas for employment, shopping, housing, and recreation in close
proximity to each other.
Policy LU-1.6.9: The City's land development regulations will establish
mechanisms to mitigate the potentially adverse impacts of new development
on existing neighborhoods through the development of appropriate transition
standards and buffering requirements.
MIIR ATgt`JRIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
MIAMI 21 ZONING MAP (PROPOSED)
SHIPPING AVE SHIPPING AVE
Im-
0 150 300 600 Feet
I 1 I I
ADDRESS: 3830, 3840, 3850, 3860, 3841,
3851, 3865 & 3875 DAY AV
MIAMI 21 ZONING MAP (PROPOSED)
SHIPPING AVE SHIPPING AVE
Im-
0 150 300 600 Feet
I 1 I I
ADDRESS: 3830, 3840, 3850, 3860, 3841,
3851, 3865 & 3875 DAY AV
SAN LORENZOAVE
OAK AVE
DAY AVE
PERCIVAL AVE
OAK AVE
FROW AVE
SIIIII??jDGrDAD
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-1 5-069
File ID 15-00969zc October 21, 2015 Item PZAB.2
Mr. Juvenal Pina 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-O SUB -URBAN TRANSECT ZONE, OPEN, WITH A NCD-3 COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT, TO T4-O GENERAL URBAN TRANSECT ZONE, OPEN,
WITH A NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY
AVENUE, 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 H. Young, the motion passed and was adopted by a vote of
9-2:
Ms. Jennifer Ocana Barnes Absent
Mr. Chris Collins Yes
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Adam Gersten No
Ms. Maria Beatriz Gutierrez Yes
Dr. Ernest Martin Yes
Mr. Daniel Milian No
Mr. Juvenal Pina Yes
Ms. Melody L. Torrens Yes
Mr. Manuel J. Vadillo Yes
Mr. David H. Young Yes
/6 Da7 1�
ncisco Garcia, Director Execution Date
PI. ' a , _ _nd Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
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 6-- TODAY OF (.: (-l-' t ' 2015.
Print Notary Name
Personally know tC or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath O(
l• ..:e-gtO
Notary Public State of Florida
My Commission Expires:
lf:k. VANESSA TRUJILLO
MY COMMISSION # FF 229944
EXPIRES: July 11, 2019
Bonded Thru Notary Public Underwriters