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HomeMy WebLinkAboutAnalysis & MapsS. SShllrq,f • 'i/A City of Miami L• =<,aPs; Planning and Zoning Department 1# ° Land Development echo �1SS1iQ� ANALYSIS FOR CHANGE OF ZONING FILE ID 2635 PROJECT ADDRESS: 2765 S Bayshore Drive and 2850 Tigertail Avenue, Miami, Florida. APPLICANT: 2850 Tigertail Investments, LLC and 2701 Bayshore Commercial, LLC. COMMISSION DISTRICT: 2 (Ken Russell) NET OFFICE: Coconut Grove ZONING DESIGNATION: T5-0 (Urban Center — Open) and T6-8-0 (Urban Core — Open) Prepared by: Rafael Rodriguez, Planner I GENERAL REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the applicant has applied for a Change of Zoning located at approximately 2765 South Bayshore Drive and 2850 Tigertail Avenue Miami, Florida. The applicant proposes to rezone 2765 South Bayshore Drive and the northwest portion of 2850 Tigertail Avenue from T5-0 (Urban Center - Open) to T6-8-O (Urban Core - Open) and downzone the southeast portion of 2850 Tigertail Avenue from T6-12-0 (Urban Core — Open) to T6-8-0 (Urban Core — Open). The proposed rezoning does not require a FLUM amendment. The related folios of the subject parcels are 01-4121-199-0040 and 01-4121-384-0020. A complete legal description of the property is on file at the Hearing Boards Office. BACKGROUND: The subject parcels comprise approximately 43,494 square feet (approximately 0.998 acres) of land in which a one-story commercial structure with surface parking currently exists. The subject property is bounded by Tigertail Avenue to the northwest, Cornelia Drive to the northeast, Mary Street towards the west and to the south the subject property faces the rear of abutting properties. The subject property has a dual Transect Zone of T5-0 (Urban Center — Open) to the northwest and T6-12-0 (Urban Core — Open) to the southeast. Additionally, the subject property lies within the Coconut Grove NET area and an Area of Specific Designation; the Coconut Grove Neighborhood Conservation District. The subject property is currently designated Restricted Commercial in the City's Future Land Use Map (FLUM) of the City's Comprehensive Neighborhood Plan. MIAMI 21 (EXISTIING) FILE ID: 2635 REZONE AERIAL FILE Io- 2635 REZONE .pt 61.3 ne2,6111 vaa As shown in the above Zoning Map, the subject property is surrounded by mixed -uses. To the northeast across Tigertail Avenue are two multi -family residential towers, to the west of the subject property across Mary Street lies a series of mixed uses such as Office, Commercial and a Public Parking structure, three 20-story multi -family residential tower consisting of 296 residential units to the east, and commercial uses to the south. As stated previously, the applicant proposes to rezone 2765 South Bayshore Drive and the northwest portion of 2850 Tigertail Avenue from T5-O (Urban Center - Open) to T6-8-O (Urban Core - Open) and to downzone the southeast portion of 2850 Tigertail Avenue from T6-12-0 (Urban Core — Open) to T6-8-O (Urban Core — Open). MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN: The requested change of zoning is consistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of Restricted Commercial for the property, and therefore a companion future land use amendment is not necessary. EXISTING NEIGHBORHOOD CHARACTERISTICS: ZONING FUTURE LAND USE DESIGNATION Subject Properties: Subject Properties: T5-O: (Urban Center -Open) Restricted Commercial Maximum of 65 D.U. per acre T6-12-0: (Urban Core -Open) Restricted Commercial Maximum of 150 D.U. per acre NORTH: T5-O: (Urban Center -Open) Med. Den. Restricted Commercial Maximum of 65 D.U. per acre SOUTH: T6-12-0: (Urban Core -Open) Restricted Commercial Maximum of 150 D.U. per acre EAST: T6-12-0: (Urban Core -Open) Restricted Commercial Maximum of 150 D.U. per acre WEST: T5-O: (Urban Center -Open) Restricted Commercial Maximum of 65 D.U. per acre In regards to the uses allowed, below is an excerpt of Article 4, Table 3 of Miami 21 Code to illustrate the additional uses allowed with the proposed change of zoning. The Chart shows the change of zoning request will increase the intensity of allowed uses and density specifically for the portion being rezoned from T5-0 to T6-8-O by right or through administrative or Board approval. File ID 2635 Page 2 of 7 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 WORK -LIVE LODGING BED & BREAKFAST INN HOTEL OFFICE OFFICE COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB. ADULT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY T5 R L 0 65 65 65 R R R R R R R R R R R R R R R R R R R E R R R R R R R R W W R R R E E R R W W W W R R T6 R L 0 150 150 150 R R R R R R R R R R R R R R R R R R R E R R E R R R R R R W W R R W R R E E W R R W W W W E R R File ID 2635 Page 3 of 7 RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE/UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL ANALYSIS: R R W W E R R E R R W W W W W E W W E W W E W W E W W W W E W W R R E W W E R R R R W W R R W W E R R E R R E W W W W W E W W W W E W W W W W W W E W W R R E W W E R R R R W W The following is a review of the request of change of zoning of 2765 South Bayshore Drive and the northwest portion of 2850 Tigertail Avenue from T5-O (Urban Center - Open) to T6-8-O (Urban Core - Open) and to downzone the southeast portion of 2850 Tigertail Avenue from T6-12-0 (Urban Core — Open) to T6-8-O (Urban Core — Open). pursuant to the criteria in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. File ID 2635 Page 4 of 7 Criteria 1 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 of Criteria 1 The subject site is comprised of two parcels within one block totaling 43,494 square feet with more than 200' of street frontage along Tigertail Avenue. The proposed change of zoning represents a tangible impact to the characteristics encountered in the area. As noted earlier in the report, the site's surrounding area is zoned T5-0 (Urban Center — Open) and T6-12-0 (Urban Core — Open) and although the proposed rezone incorporates some similar uses consistent with the current allowable uses; considering the surrounding areas transect zones especially their transition in height, the proposed rezoning of T5-0 to T6- 8-0 will result in an isolated pocket with T6-8-0 surrounded by T5-0 to the north east and west and T6-12-0 to the south. After analyzing the site conditions and surrounding context, staff finds that the proposed rezoning from T5-0 (Urban Center - Open) to T6-8-0 (Urban Core - Open) for the northwest portion of 2850 Tigertail Avenue and T6-12-0 (Urban Core — Open) to T6-8-0 (Urban Core — Open) for the southeast portion of 2850 Tigertail Avenue is not compatible with the existing development patterns, heights, multi -family and urban fabric uses in the immediate neighborhood. Finding 1 The request is not consistent with the goals and objectives of the Miami 21 Code. Furthermore, the proposed rezoning will create a T6-8-0 island where T5-0 currently exists cohesively with its neighboring T5-0 properties to the north east and west. In addition, the requested rezoning will increase the height of the buildings allowed for the portion being rezoned from T5-0 to T6-8-0, Additionally, the applicant has provided two covenants. One for the property at 2761 Bayshore states that the owner restricts the use of this site as a plaza use and design in accordance with the City of Miami Zoning Ordinance 13114, as amended, Miami 21 Code. The second covenant for the property at 2850 Tigertail Avenue restricts the maximum height permitted to not exceed 123-feet. An eight -story structure is the maximum allowed by right for the site. The ground floor may have a maximum height of 25-feet, with seven floors above with a maximum height of 14-feet. With the limitations FLR of T6-8, there is an expectation that a project will struggle to get above eight stories, so the covenant is barely a restriction because it is was is allowed by right. Criteria 2 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. Analysis of Criteria 2 The proposed rezoning from T5-0 (Urban Center - Open) to T6-8-0 (Urban Core - Open) for 2765 S Bayshore Drive and the northwest portion of 2850 Tigertail Avenue and T6-12-0 (Urban Core — Open) to T6-8-0 (Urban Core — Open) for the southeast portion of 2850 Tigertail Avenue will increase population and congestion to the immediate neighborhood and community by allowing 150 dwelling units per acre where 65 dwelling units per acre is currently allowed. File ID 2635 Page 5 of 7 Finding 2 The request creates a T6-8-O island which disrupts the intent of Article 2, Section 2.1.3.3. The Block and the Building -Guiding Principles, letter a, states that, Building and landscaping should contribute to the physical definition of thoroughfares as civic places. Miami 21 is to have the same zoning to have the same scale and intensity of both sides of the thoroughfares. Transition, intensity and scale which is not consistent with the goals of the Miami 21 Code. Furthermore the change from T6-12-0 to T6-8-O is inconsistent with Article 2, Section 2.1.3.3.i , the Code requires ,"Harmonious and orderly change and Development of urban areas should be enabled through a form -based zoning code that guides and regulates change." As proposed, as the rezoning would change a portion of the zoning to something higher on one side of the thoroughfare this is not harmonious or in keeping with the tenements of the form based code. CONCLUSION: Based on the materials submitted, staff finds that the request to rezone from T5-O (Urban Center - Open) to T6-8-O (Urban Core - Open) for 2765 S Bayshore Drive and the northwest portion of 2850 Tigertail Avenue and T6-12-0 (Urban Core — Open) to T6-8-O (Urban Core — Open) for the southeast portion of 2850 Tigertail Avenue is not consistent with the goals of Miami 21. Although the applicant has proffered two covenants, the request is not compatible with the surrounding zoning district and provides an inappropriate zoning transitions. Additionally, the proposed rezoning would change a portion of the zoning to something higher on one side of the thoroughfare which is not harmonious or in keeping with the tenements of the form based code. Existing Zoning: T5-O & T6-12-0 MIAMI 21 (EXISTING) FILE ID: 2635 REZONE 0 17O 340 6E0 Feet I r I i l MDPIP-- ,A' TGS5erlGtgE at Proposed Zoning: T6-8-O MIAMI 21 (PROPOSED) FILE ID:2535 REZONE AMATEGifeAtISS &rt fS of AKt its1-Gmw. W File ID 2635 Page 6of7 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 to rezone from T5-O (Urban Center - Open) to T6-8-O (Urban Core - Open) for 2765 S Bayshore Drive and the northwest portion of 2850 Tigertail Avenue and T6-12-0 (Urban Core — Open) to T6-8-O (Urban Core — Open) for the southeast portion of 2850 Tigertail Avenue as presented. Although the applicant has proffered two covenants, one for the property at 2765 S Bayshore Drive that restricts the use of this site to a plaza design, and a second covenant for the property at 2850 Tigertail Avenue that restricts the maximum height to not exceed 123-feet (which is the allowed height by right). Staff's recommendation remains a denial of the application to rezone 2765 South Bayshore Drive and the northwest portion of 2850 Tigertail Avenue from T5-O (Urban Center - Open) to T6-8-O (Urban Core - Open) and downzone the southeast portion of 2850 Tigertail Avenue from T6-12-0 (Urban Core — Open) to T6-8-O (Urban Core — Open). As presented as the request is not compatible with the surrounding zoning district and provides an inappropriate zoning transitions. Attachments: A. Covenant to restrict site for plaza use B. Covenant to restrict height to 123-feet Jacu eline Ills Chief''of Land Development File ID 2635 Page 7 of 7 ATTACHMENT A RESTRICTIVE COVENANT FOR PLAZA This instrument is prepared by (and after recording) please retum this instrument to: Iris Escarra, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Folio Nos. 01-4121-384-0020 Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned, 2701 Bayshore Commercial, LLC, a Florida limited liability company ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain property located in Miami -Dade County, Florida, more particularly described on Exhibit "A" (the "Property") attached hereto and incorporated herein; and WHEREAS, Owner intends to rezone the Property from T5-O to T6-8-O; and WHEREAS, as a condition to the rezoning from TS-O to T6-8-O, the Owner proffers this covenant restricting the property to a plaza use upon which no permanent structure shall be constructed; and 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 Owner, hereby agree as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner covenants to restrict the to a plaza use and design in accordance with the City of Miami Zoning Ordinance 13114, as amended, Miami 21 Code, standards. C. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner'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 Owner, and its heirs, successors, and assigns 2765 S. Bayshore Drive Restrictive Covenant until such time as the Covenant is released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property 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 modified, amended, or released in compliance with this instrument prior to the expiration thereof. D. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City. 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. 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. Amendment, Modification, and Release. This Declaration may be modified, amended, or released only by a written instrument executed by: (i) the then owner(s) of the Property AND (ii) the City of Miami after approval by the City Commission at a public hearing. Any modification, amendment, or release shall be of this Declaration shall be approved to content by the Zoning Administrator and the Director of Planning and Zoning and as to legal form by the City Attorney or their respective designees or successors. G. Severability. 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. H. Recording. This Declaration shall be recorded in the Public Records of Miami - Dade County at the Owners' 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] Page 2 PZAB file ID 2635 2765 S. Bayshore Drive Restrictive Covenant Signed, witnessed, executed and acknowledged this day of , 2017. 2701 Bayshore Commercial, LLC, a Florida limited liability company STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2017 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. Page 3 PZAB file ID 2635 2765 S. Bayshore Drive Restrictive Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department Devin Cejas, Zoning Administrator Planning and Zoning Department Page 4 PZAB file ID 2635 2765 S. Bayshore Drive Restrictive Covenant Exhibit A The Property Tract "B", C.G.B. Subdivision, according to the plat thereof, as recorded in Plat Book 169, Page 77, of the Public Records of Miami -Dade County, Florida. Page 5 PZAB file ID 2635 ATTACHMENT B RESTRICTIVE COVENANT FOR HEIGHT This instrument is prepared by (and after recording) please return this instrument to: Iris Escarra, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Folio Nos. 01-4121-199-0040 Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned, 2850 Tigertail Investments, LLC, a Florida limited liability company ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain property located in Miami -Dade County, Florida, more particularly described on Exhibit "A" (the "Property") attached hereto and incorporated herein; and WHEREAS, Owner intends to develop the Property as an Office Use and a ground floor Retail Use; and WHEREAS, as a condition to the rezoning from T5-O and T6-12-0 to T6-8-O, the Owner proffers this covenant restricting the maximum height permitted at the Property to be one hundred twenty-three feet (123'); and 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 Owner, hereby agree as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner covenants to restrict the Property as follows: 1. The maximum height permitted at the Property shall not exceed one hundred twenty-three feet (123'). MIA 186072347v1 2850 Tigertail Avenue Restrictive Covenant C. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner'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 Owner, and its heirs, successors, and assigns until such time as the Covenant is released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property 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 modified, amended, or released in compliance with this instrument prior to the expiration thereof. D. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City. 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. 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. Amendment, Modification, and Release. This Declaration may be modified, amended, or released only by a written instrument executed by: (i) the then owner(s) of the Property AND (ii) the City of Miami after approval by the City Commission at a public hearing. Any modification, amendment, or release shall be of this Declaration shall be approved to content by the Zoning Administrator and the Director of Planning and Zoning and as to legal form by the City Attorney or their respective designees or successors. G. Severability. 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. H. Recording. This Declaration shall be recorded in the Public Records of Miami - Dade County at the Owners' 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] Page 2 2850 Tigertail Avenue Restrictive Covenant Signed, witnessed, executed and acknowledged this day of , 2017. 2850 Tigertail Investments, LLC, a Florida limited liability company STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2017 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. Page 3 2850 Tigertail Avenue Restrictive Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department Devin Cejas, Zoning Administrator Planning and Zoning Department Page 4 2850 Tigertail Avenue Restrictive Covenant Exhibit A The Property Tract D, RITZ CARLTON, according to the plat thereof, as recorded in Plat Book 154, Page 34, of the Public Records of Miami -Dade County, Florida. Page 5 2850 Tigertail Avenue Restrictive Covenant Page 6 1- w U_ FLORIDA AVE MIAMI 21 (EXISTING) FILE ID: 2635 REZONE T5-O N 0 170 340 680 Feet ADDRESSES: 765 S BAYSHORE DR AND 2850 TIGERTAILAV T5-O 1- w U_ FLORIDA AVE N 0 170 340 MIAMI 21 (PROPOSED) FILE ID: 2635 REZONE 680 Feet ADDRESSES: 765 S BAYSHORE DR AND 2850 TIGERTAILAV 0 140 280 1 i I AERIAL FILE ID: 2635 REZONE 560 Feet I ADDRESSES: 765 S BAYSHORE DR AND 2850 TIGERTAILAV