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HomeMy WebLinkAboutAnalysis & MapsCity of Miami Planning and Zoning Department Division of Land Development Applicant(s): Location: Commission District Net District Office: ANALYSIS FOR REZONING File ID No. 16-01031zc MAR 716 SW 7 Street, LLC; MAR 720 SW 7 Street, LLC; and MAR 734 SW 7 Street, LLC (collectively, "The Applicant"), represented by the law firm Bercow, Radell & Fernandez. Approximately 716, 720, and 734 SW 7 Street, Miami, Florida 33130 District 3 — Commissioner Frank Carollo Little Havana NET A. GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, The Applicant is requesting the Rezoning from T5-L (Urban Center Transect Zone- Limited) to T5-O (Urban Center Transect Zone -Open) for the subject property which is comprised by three parcels as depicted in "Table No.1: Subject property". (Complete legal description of the property is on file with the Hearing Boards Office). Table No.1: Subject Property Folio Number Address Lot Size (Sq.Ft.) Zoning Classification Current Proposed 01-0204-060-1050 734 SW 7 St. 7,500 T5-L (URBAN CENTER TRANSECT ZONE- LIMITED) T5-O (URBAN CENTER TRANSECT ZONE -OPEN) 01-0204-060-1040 720 SW 7 St. 7,500 01-0204-060-1030 716 SW 7 St. 7,500 22,500 This illustration No.1 shows how the boundaries of the T5-O (Urban Center Transect Zone - Open) to the east is proposed to extend to the subject property which is currently designated T5-L (Urban Center Transect Zone- Limited). Given this request involves an extension of an existing Transect boundary to the East, it's deemed in compliance with the criteria to apply per Section 7.1.2.8 (c) of Miami 21 Code. Illustration No.1: Request rezzAr T4.0 1 B. COMPREHENSIVE PLAN: The Future Land Use Map (FLUM) designation for the subject property is Medium Density Restricted Commercial which is compatible with the current zoning designation of T5-L and also with the requested zoning of T5-O, hence there is no FLUM amendment involved in this request. Illustration No.2 Future Land Use Map (FLUM) designation Med [F Subject property It is to note that the surrounding properties are also designated with the same FLUM designation, allowing for the same density and uses. C. BACKGROUND: The subject property is an interior lot which comprises three parcels totaling approximately 22,500 sq.ft or .52 acres' and is located in the north portion of the city block generally bounded by SW 7th Street by the north, SW 7th Avenue by the east, SW 8th Street by the south, and SW 8th Avenue by the west. The subject property is currently developed with multifamily residential structures according to R-3, the former zoning designation assigned under Zoning Ordinance 11000. The adjacent properties to the east were rezoned from T5-L (Urban Center Transect Zone - Limited) to T5-O (Urban Center Transect Zone -Open), pursuant to 16-00054zc, adopted on May 26, 2016. The extension of this Transect Zone to the west will be changing the zoning designation of the subject property. 1 Lot size provided in the survey submitted as part of the application. File Id. 16-01031zc Page 2 of 5 The Illustration No.3 shows the subject property as well as the properties involved in the rezoning identified with the File Id No. 16-00054zc. Illustration No.3 Subject property and properties involved in case File Id#: 16-0054zc Properties involved in File Id: 16-©654zc Per applicant clarification, the intent is to develop the parcels with an Automotive Retail Establishment use. However, there are currently no site plans prepared for the property. It is to note, that within the requested T5-O a Warrant will be required to permit the proposed Automotive Retail Establishment use ensuring compatibility with the area and compliance with Miami 21's vision for this area. D. ANALYSIS: The uses allowed by T5-L and T5-O are basically the same, they only deffer in "Auto -related commercial establishment" which is not allowed in T5-L and allowed only by Warrant in T5- 0; and "Entertainment Establishment" which is allowed by Warrant in T5-L and by Right in T5-O, as it is shown in the following excerpt of Article 4, Table 3 of Miami 21 Code. Excerpt of Article 4, Table 3 of Miami 21 Code. DENSITY (UNITS PER ACRE) COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT T5-L T5-O 65 65 I W W R File Id. 16-01031zc Page 3 of 5 The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a), (c)(1) & (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 Sec. 7.1.2.8 (a). Analysis of Criteria 1 Finding 1 Criteria 2 Sec.7.1.2.8 (c)(1) Analysis of Criteria 2 Finding 2 Criteria 3 Sec.7.1.2.8 (f)(2) Analysis of Criteria 3 Finding 3 The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. The proposed change is within the same Transect Zone to a greater intensity. The request is consistent with the Miami 21 Code requirements for rezoning set on Sec. 7.1.2.8 (a) as the change will only increase intensity of the permitted uses and the addition of Auto Related Commercial, with is compatible with the character of the zone. Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street. The proposal of the rezoning involves the extension of an existing T5-O Transect Zone located east to the subject property. The request is consistent with the Miami 21 Code requirements for rezoning set on Sec.7.1.2.8 (c)(1). 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 this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. The proposed change is within the same Transect Zone to a greater intensity. The request is consistent with the Miami 21 Code requirements for rezoning set on Sec. 7.1.2.8 (f)(2). File Id. 16-01031zc Page 4 of 5 E. CONCLUSION: Based on the materials submitted, staff finds that the request to rezone from T5-L (Urban Center Transect Zone- Limited) to T5-O (Urban Center Transect Zone -Open) is consistent with the goals and objectives of Miami 21 Code. The request is compatible with the surrounding zoning districts and provide appropriate zoning transitions. F. 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 proposed rezoning from T5-L (Urban Center Transect Zone- Limited) to T5-O (Urban Center Transect Zone -Open) for the subject property as presented. J9cq Acting SEG 8/29/2016 nd Development File Id. 16-01031zc Page 5 of 5 ..Title 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 OF THE PROPERTY(IES) LOCATED AT APPROXIMATELY 734, 720, AND 716 SOUTHWEST 7 STREET, MIAMI, FLORIDA, FROM T5-L "URBAN CENTER TRANSECT ZONE - LIMITED" TO T5-O "URBAN CENTER TRANSECT ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 734, 720, and 716 Southwest 7 Street [Commissioner Frank Carollo - District 3] APPLICANT(S): MAR 716 SW 7 Street, LLC; MAR 720 SW 7 Street, LLC; and MAR 734 SW 7 Street, LLC (collectively, "The Applicant"), represented by the law firm Bercow, Radell & Fernandez. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will change the above property from T5-L "Urban Center Transect Zone - Limited" TO T5-O "Urban Center Transect Zone - Open". ..Body WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 21, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R- by a vote of _ to _ (_-_), item No. _, recommending of the Zoning Change as set forth; 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 T5-L "Urban Center Transect Zone - Limited" TO T5-O "Urban Center Transect Zone - Open", for the property located at approximately 734, 720, and 716 Southwest 7 Street, 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(5)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY ..Footnote {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. Exhibit A Legal Description All of lots 3, 4, and 5 in Block 46S, of "Map of Miami," according to the Plat thereof, as recorded in Plat Book B at Page 41 of the Public Records of Miami -Dade County, Florida. Folio Numbers: 01-0204-060-1030, 01-0204-060-1040, 01-0204-060-1050 The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a), (c)(1) & (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 Sec. 7.1.2.8 (a). Analysis of Criteria 1 Finding 1 Criteria 2 Sec.7.1.2.8 (c)(1) Analysis of Criteria 2 Finding 2 Criteria 3 Sec.7.1.2.8 (f)(2) Analysis of Criteria 3 Finding 3 The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. The proposed change is within the same Transect Zone to a greater intensity. The request is consistent with the Miami 21 Code requirements for rezoning set on Sec. 7.1.2.8 (a) as the change will only increase intensity of the permitted uses and the addition of Auto Related Commercial, with is compatible with the character of the zone. Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street. The proposal of the rezoning involves the extension of an existing T5-O Transect Zone located east to the subject property. The request is consistent with the Miami 21 Code requirements for rezoning set on Sec.7.1.2.8 (c)(1). 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 this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. The proposed change is within the same Transect Zone to a greater intensity. The request is consistent with the Miami 21 Code requirements for rezoning set on Sec. 7.1.2.8 (f)(2). File Id. 16-01031zc Page 4 of 5 Review Results: BD15-001958-001 (712 SW 7 General Plan History Review Status Result/Remarks 1 Work Items AORJEOR Contacts Zoning Shop Drawings Fees 11 Notes (1) Please resolve the following: • Permit has been pulled. Disciplines: ZONING Current Result Approved Refer Back Remarks View ZONING Remarks/Comments View all Remarks/Comments IFIBIZEM L Sheet # Category Level 1 Category Level 2 Category Level 3 Section Code Complied Add Comment J MISCELLANEOUS -ZONING D0 Add Comment Comment User Name Last Updated Please update the submitted surveywilh tree tntormation. RIVERSIDE\DAgudelo Feb/181201514:1S:30 OK FORA DEMOLITION_ NO TREES TO BE REMOVED BY THIS DEMO_ RIVERSiOE1CHerre€a Feb/19/2015 10.10.46 ,�)) Latest Review Result This is where the result for the current review is submitted. —Select Result — Reference Links / Documents Review Results: BD15-001959-001 (704 SW 7 AV} General I Plan History 1 Review Status 1 Result/Remarks Work Items ADR/EOR Contacts Zoning Shop Drawings Fees Notes (2) Please resolve the following: • Permit has been pulled. Disciplines: ZONING Current Result: Approved Refer Bask Remarks Yew ZONING Remarks/Comments View all Remarks/Comments(Min is Sheet # Category Level 1 Category Level 2 Category Level 3 Section Code Complied Add Comment .,1 MISCELLANEOUS -ZONING total demolition El Add Comment Comment I User Name Last Updated This permit is Tor a total demolition. Not trees to be removed or relocated during this process. RIVERS IDElBAgudelo Feb/18/2015 14:17.19 Latest Review Result This is where the result for the current review is submitted. —Select Result — Reference Links / Documents N MIAMI 21 (EXISTING) 16-01031zc ADDRESS: 716 SW 7 ST, 720 SW 7 ST, 734 SW 7 ST 0 80 160 320 Feet N MIAMI 21 (PROPOSED) 16-01031zc ADDRESS: 716 SW 7 ST, 720 SW 7 ST, 734 SW 7 ST 0 80 160 320 Feet AERIAL 16-01031zc -41 • foirc ,p IL SW6THST SW•7TH ST SW 8TH ST Egotl, iwL. dim } VIM igitalGlobe, o pCmn m pnity_ . G-oE e, G t,I.00ng, Aerogrido I"GNo IGPo swisstoro, -nd the GIS SW 9TH ST 0 62.5 125 1 i I 250 Feet 1 ADDRESS: 716 SW 7 ST, 720 SW 7 ST, 734 SW 7 ST A