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Home My WebLink AboutAnalysis & MapsANALYSIS FOR REZONING PZAB File ID No. 2681 Applicant(s): 2814/16 SW 37, LLC Location: Approximately 3700 SW 28 Street and 2810-18 SW 37 Avenue. Folio Numbers: 0141170020420, 0141170020430, 0141170030010, 0141170030011, and 0141170030040 Commission District: District 2— Commissioner Ken Russell Net District Office: Coral Way NET Reviewer: Luiz Vicentini; Planner I A. GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant requests a change of zoning of five (5) parcels. The parcels are located west of SW 37th Avenue between SW 28th Street and SW 29'h Street. The proposed change of zoning is from T4-L (General Urban Transect Zone Limited) to T5-O (Urban Center Transect Zone Open) as a successional Transect Zone along SW 37th Avenue. The complete legal description is on file with the Hearing Boards Section. Table 1. Request # Folio No. Address Lot Size (Sq.Ft.)* Zoning Classification Current Proposed 1 0141170020420 3700 SW 28 ST 5,853 T4-L (GENERAL URBAN TRANSECT ZONE - LIMITED) T5-O (URBAN CENTER TRANSECT ZONE -OPEN) T5-O (URBAN CENTER TRANSECT ZONE -OPEN) 2 0141170020430 2810 SW 37 AV 5,842 T4-L (GENERAL URBAN TRANSECT ZONE - LIMITED) 3 0141170030010 2814 SW 37 AV 3,615 4 0141170030011 2816 SW 37 AV 3,615 5 0141170030040 2818 SW 37 AV 7,233 26,158 B. BACKGROUND: The subject zoning change consists of five (5) parcels totaling approximately 0.60 acres (26,158 square feet) within the Coral Way NET area. The lot fronting SW 28th Street to the north is designated T6-8-O and houses a two-story building of approximately 16,585 Sq. ft. The abutting properties to the west are designated T3-O (Sub -Urban Open) Zone and house a mix of single family and duplex residential units. The abutting property to the south is designated T4-L and houses two living units with one floor each. The properties immediately to the east, across SW 37th Avenue are zoned T3-O (Sub Urban) and CS (Civic Space). The immediate context of the neighborhood to the south, east, and west of the subject properties indicate consistency with the current zoning designations of T4-L (General Urban Transect Zone). The scale and uses along SW 37th Avenue; from SW 28 St to SW 29 St Street (south) also reflects the context of the area. PZAB File ID No. 2681 Page 2 of 7 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN: The requested change of zoning is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation Low Density Restricted Commercial for the subject properties, and therefore a companion future land use amendment is necessary (Refer to File ID# 2680). FUTURE LAND USE DESIGNATION Subject Properties: Low Density Restricted Commercial Maximum 36 D.U. per acre. NEIGHBORHOOD CHARACTERISTICS: Surrounding Properties (FLUM) NORTH: Restricted Commercial Maximum of 150 D.U. per acre SOUTH: Low Density Restricted Commercial Maximum of 36 D.U. per acre EAST: Public Parks/Recreation Acre NIA WEST: Duplex Residential Maximum of 18 D.U. per acre Voluntary Declaration of Restrictive Covenant ZONING Subject Properties: T4-L (General Urban -Limited) Surrounding Properties (Zoning) NORTH: T6-8-O (Urban Core -Open) SOUTH: T4-L (General Urban -Limited) EAST: CS (Civic Space) WEST: T3-O (Sub -Urban -Open) The Property owner (2814/16 SW 37, LLC) has voluntarily proffered a restrictive covenant to the companion zoning change for these parcels, attached as Exhibit "B," that offers the following restrictions and covenants as identified in Article 4, Table 3 of Miami 21 Code: (1) Restricts the use of all parcels from containing the following uses; Car wash, Gas station, Major mechanical work, Body work, Welding uses; Any work involving noise, glare, fumes, or smoke, all of which are considered auto -related industrial activities. (2) Sale of alcohol for the primary or purpose of off -site consumption; Alcohol service establishments as the term is defined in Section 1.1.d. of Miami 21 Code, as may be amended, including bars, taverns, cocktail lounges, nightclubs, or supper clubs. PZAB File ID No. 2681 Page 3 of 7 Existing Zoning Designation w.IfLE - -I- J_. _l_..L L_l_. AVE SW27TH TER - ALEEE AVE AVE EVT —._.1 . SW rrrx crl T6.8-0 SW] Ix T3-0 T4-L 2V 29TH S1 CS' SW 2STH ST 1 T3-0 Proposed Zoning Designation EV+nLO E ALEEC AVE CAM AVE -�� L Y_TT_ SW 27T11 TER — SW xrrxlN ± —1— T6-8-0 — -1- I ---- T4-L ST T3-0 -. SW I� T3-0 In regards to the uses allowed for the Transect Zone involved in this rezoning request, below is an excerpt of Article 4, Table 3 of Miami 21 Code, which illustrates the additional uses allowed with the proposed change of zoning. T4 URBAN GENERAL 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 BEDS BREAKFAST INN HOTEL OFFICE OFFICE T5 URBAN CENTER R L 0 R L 0 3$ mIH� R R R R Ill R- R RMI R II R R 11111111 W R NM al R PZAB File ID No. 2681 Page4of7 COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB - ADULT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB. OPEN AR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUGTLIREAND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE r UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER MIDDLE ! HIGH SCHOOL PRESCHOOL RESEARCH FACILITY SPECIAL TRAINING !VOCATIONAL T4 URBAN GENERAL L 0 36 36 36 R R w E R E w w w w w w w E w E E E E E E E E E E T5 URBAN CENTER R L 0 65 65 65 w w w w R w R w i R w w E E w w w w E w w w w E w w R R E E PZAB File ID No. 2681 Page 5 of 7 ANALYSIS: Following the above referenced "Background", this proposal for rezoning is taking in consideration criteria set forth in Article 7, Section 7.1.2.8 (a)(5) & (f)(2) of Miami 21: Criteria 1 Analysis of Criteria 1 Sec. 7.1.2.8 (f)(2) 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. The subject site is within an existing T4-L zone just west of SW 37th Avenue between SW 28th Street and SW 29th Street with mainly Low Density Restricted Commercial of a maximum density of 36 D.U./AC. Along Sw 28 St, an east - west vehicular street. The proposed rezoning will not be compatible within the existing context. The increase in density from 36 D.U. per acre to 65 D.U. per acre would allow for incompatible intensity and uses to extend, southwards of SW 37 Avenue. Finding 1 Although the request is transitional, the potential increase in density and intensity does not fit the neighborhood context. Criteria 2 Additional Analysis of Criteria 2 The request is incompatible with the established Low Density T3-O to the west and Medium Density T4-L neighborhood, to the south and to the east. Moreover, the requested T5-O designation is in close proximity from CS- Civic Space (Public Park and Recreation) Transect Zone . The proposed transect zone (T5-O) and the proposed land use (Medium Density Restricted Commercial) is unfit for the existing Park, a space designated to serve the residential neighborhood and surrounding communities. The request of the T5-O, just to the east from the existing T3-O is inconsistent with the existing density context of the neighborhood and the goals and objectives of Miami 21 Code. For rezoning: A change may be made in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide proper transitions in intensity and scale. The rezone from T4-L to T5-O allows uses such as Entertainment Establishment by Right, and Alcohol Beverage Establishments, by Exception, which would potentially disrupt and negatively impact the Residential neighborhood to the east, west and to the south. The Exception process requires a public hearing before the Planning, Zoning and Appeals Board (PZAB) and is appealable to City Commission. As proposed, rezoning from T4-L to T5-O, although transitional, it is incompatible with the immediate neighborhood context. PZAB File ID No. 2681 Page 6 of 7 Findig 2 The request will create an intrusion of Medium Density Restricted Commercial uses (65 D.0 / Acre) that would not be consistent with the goals and objectives of the Miami 21 Code. The requested rezoning is not compatible, in this case, with the intent of Miami 21 Zoning Code. The proposed rezone does not provide a benefit to neighborhood as it creates zoning unlike the existing Transect Zones within the surrounding properties in the area. Existing Transect Zone CONCLUSION: Proposed Transect Zone The proposed change of zoning from T4-L (General Urban -Limited) to T5-O (Urban Center - Open) is not compatible with the current designations surrounding the neighborhood nor does provide the proper transitions and protections to the adjacent established duplex residential neighborhood located to the east. Although the applicant has proffered the Covenant to reduce the impact of certain uses, the Planning Department continues to recommend against the proposed zoning changes. Moreover, it will negatively impact the low density restricted commercial neighborhood located to the south and potentially create a spillover effect of a higher density into the neighborhood. RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findi - - Manning & Zoning Department recommends Denial of the rezoning as presented. Jacqueline Elli Chief of Land d: velopr ent PZAB File ID No. 2681 Page 7 of 7 CAM ILO AVE ALEDO AVE CADIMA AVE SW 38TH AVE MIAMI 21 (EXISTING) File ID: 2681 REZONE I I I SW 27TH TER T6-8-O SW 27TH LN SW 28TH ST T3-O SW 37TH CT SW 37TH AVE T4-L SW 29TH ST T3-O CS N SW 28TH ST- I- U 2 I — co co U) T3-O ADDRESSES: ADDRESS: 3700 SW 28 STAND 2810, 2814, 2816, & 2818 SW 37AV 0 170 340 680 Feet I I I CAM ILO AVE ALEDO AVE CADIMA AVE SW 38TH AVE MIAMI 21 (PROPOSED) File ID: 2681 REZONE I I I SW 27TH TER T6-8-O SW 27TH LN SW 28TH ST T3-O SW 37TH CT T4-L SW 29TH ST T3-O CS N SW28TH ST- I- U 2 I — co co U) T3-O ADDRESSES: ADDRESS: 3700 SW 28 STAND 2810, 2814, 2816, & 2818 SW 37AV 0 170 340 680 Feet I I I 0 1 137.5 275 AERIAL File ID: 2681 REZONE 550 Feet ADDRESS: 3700 SW 28 STAND 2810, 2814, 2816, & 2818 SW 37 AV A