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Home My WebLink AboutAnalysis & MapsCity of Miami Planning and Zoning Department Land Development Division ANALYSIS FOR CHANGE OF ZONING FILE ID: 16-01003zc APPLICANT: Carlos R. Lago, Esq., on behalf of Capiro Venture, LLC (the "Owner") PROJECT ADDRESS: 1247 SW 4' Street and 1244 SW 3`d Street ZIP: 33137 NET OFFICE: Little Havana COMMISSION DISTRICT: District 3 GENERAL INFORMATION REQUEST: Pursuant to Article 7, Section 7.1.2.8 of the Miami 21 Code, Ordinance 13114, as amended, the applicant is requesting a Change of Zoning of two Tots (1247 SW 4 Street and 1244 SW 3 Street) zoned T4-L -General Urban Transect erne - Limited' to T5-0 "Urban Center Transect Zone — Open'. The subject properties are located within the Little Havana NET area and comprise approximately 0.344 acres, see Table 1. The north lot is vacant with two concrete structures on the south lot. The lots in question are interior and generally bounded by SW 3rd Street to the north, SW 4th Street to the south, SW 13th Avenue to the west, and SW 12th Avenue to the east (complete legal description is on file with the Hearing Boards Section). TABLE 1. PROPERTIES: DESCRIPTION AND REQUEST NET DrSTRICT OFFICE: Little Havana NET Folio 1 0141020063970 2 0141020060860 Address 1247 SW 4 Street 1 244 SW 3 Street Area Sq. f. 7,500 7,500 Acre Zoning classification Current Proposed 172 ' T4-L (General Urban Transect .172 Zone - Limited) - T5-0 (Urban Center Transect Zone - Open) PLUM Current Medium Density Restricted Commercial Proposed N/A File ID: I6-01003zc City of Miami Planning and Zoning Department Land Development Division BACKGROUND: The subject properties were previously zoned SD-14.1 , "Latin Quarter Residential District", Zoning Code 11000, which generally permitted principal uses and structures of R-3 zone, which allowed for single-family, duplex, and multifamily structures up to and including Iow-rise apartment structures with a maximum density of 65 units per net acre. The SD-14.1 zone also allowed commercial uses, such as food stores, restaurants with live entertainment but no drive-throughs, drugstores, beauty salons, barbershop, museums, and structures and uses for performance of governmental functions. The area was subsequently rezoned in April 2010 under Miami 21 Code to T4-L 'General Urban Transect Zone - Limited maintaining the general character of the area. The subject properties are also unified with the abutting assemblage of lots to the east zoned T5- O as a single development site owned by Capiro Venture, LLC_ Under 11000, the assemblage of Tots were zoned SD-14, "Latin Quarter Commercial -Residential," which generally permitted principal uses and structures as permitted in C-1 zone. The eastern lots currently house a shopping plaza containing a mixed -use four story building occupied with retail, office, restaurant, and educational uses supported by a two story parking garage. In 2004, a Major Use Special Permit Development Order was approved under R-04-0794 on the development site called Capiro Tower. The approval allowed construction of a mixed -use structure of 150 feet. 15 stories high containing 328 residential units with 10,000 square feet of retail space supported by 543 parking spaces_ The approved Major Use Special Permit reflected the city's desired development characteristics of the area. Illustration 1: Subjed Properties (Aerial) 2 Film ID: 16-OlO103zc City of Miami Planning and Zoning Department Land Development Division MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN: The subject properties have an existing FLUM designation of Medium Density Restricted Commercial. In this case, the existing FLUM designation correlates with T5-R, L, and 0 Urban Center Transect Zones. Consequently, the requested zoning change of T5-0 does not require a Future Land Use Map amendment. NEIGHBORHOOD CHARACTERISTICS: ZONING Subiect Properties T4-L (General Urban Transect Zone - Limited) Surrounding Properties NORTH: T4-L (General Urban Transect Zone - Lirmited) Illustrtitiori 2: Subject Project Future Land Use Map !]esignation FUTURE LAND USE DESIGNATION Medium Density Restricted Commercial Maximum of 65 D.U. per acre Medium Density Restricted Commercial 3 Fite ID: 16-01003zc City of Miami Planning and Zoning Department Land Development Division Maximum of 65 D.U. per acre EAST: T5-0 (Urban Center Transect Zone -Open) Restricted Commercial Maximum of 150 D.U. per acre SOUTH: T4-L (General Urban Transect Zone - Limited) WEST: T4-L (General Urban Transect Zone - Limited) Illustration 2: ct Properties Current Zoning Map Medium Density Restricted Commercial Maximum of 65 D.U. per acre Medium Density Restricted Commercial Maximum of 65 D.U. per acre Illustration 2 Subject Properties current Zoning Map 4 File ID: 16-01003 Criteria; City of Miami Planning and Zoning Department Land Development Division A rezoning may be made only to the next intensity Transect Zone or by aSpecial 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 rezoning complies with the successional change as required in Miami 21 Code Article 7, Section 7.1.2-8 (a) and is permitted by the Code by an extension of an existing transect boundary, pursuant to Article 7, Section 7.1.2_8 (c) (1), The proposed successional Change of Zoning from T4-L to T5-0 corresponds with the area in height and intensity. The T4-L Transect Zone allows a maximum Height of 40 feet housed within three-story structures. Whereas, T5-0 Transect Zone allows a maximum Height of five -stories. The zoning request also produces an increase in the residential density from 36 to 65 dwelling units per acre. The increase corresponds with the existing PLUM designation of Medium Density Restricted Commercial of the subject properties. 5 Fite ID: 16-0I003zc City of Miami Planning and Zoning Department Land Development Division The two massing diagrams on the previous page were provided by Modis Architects, Diagram A shows the area current development condition with the subject properties highlighted in green. Diagram B displays the maximum height of the surrounding properties based on existing zoning with the subject properties rezoned to T5-0 Transect Zone and integrated with the assemblage Tots. The diagram illustrates how the fully development site would relate to the surrounding area The Miami 21 Code imposes restriction of uses within a Principal Budding in T4-L Transect Zone. Specifically, in Principal Buildings. Office and Commercial uses shall be limited to less than fifty percent (50%) of the Building's floor area total. T5- 0 Transect Zorie does not present such limitation of uses, The proposed zoning change will mirror the intensity of uses to the northeast, east and southeast of the subject properties_ The Table 2 on the follow pages provides the uses allowed within the T4-L and T5- Transect Zones_ The T5-0 Transect Zone permits some uses the T4-L Transect Zone does not allow. The newly allowed uses within the subject properties would not impose an adverse effect within the surrounding area. The existing T4-L Transect Zone abutting the subject properties serves as the appropriate buffer of the T5-0 Transect Zone. Within the city of Miami, T4-L often functions as an auxiliary transect zone to Commercial and mixed -use sites. The Miami 21 Code's principal and intent is to create transition in height and intensity between transect zones and the T4 Transect Zones represent the quintessential transition to the T5 Transect Zones, Furthermore, the requested T5- 0 "Urban Center Transect Zone -Open" mirrors the intensity and allowed uses within the immediate area. Therefore, the rezoning request is deemed appropriate for the subject properties. 6 File ID: 16-0 1003zc City of Miami Planning and Zoning Department Land Development Division Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code DENSITY IUNITS PER NCR) J 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 1-IOTEL 1FFICE FFIC E 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 RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPO•: COMMUNITY SUPPORT FACILITY T4 L 36 Ti 0 65 R R R R W W 1V R W R W 7 File ID: INS-01003ac City of Miami Planning and Zoning Department Land Development Division 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 SPEW& TRAINING f VOCATIONAL w w E E E E R w w w w w Ulf R w R F Finding: Staff finds the proposed zoning request to be consistent with the goals of the Miami 21 Code, as the request is compatible with the surrounding zoning districts within the area. Subject Properties Current Zoning CONCLUSION: Miami 21 Proposed Zoning Staff finds the Change of Zoning request for 1247 SW 4 Street and 1244 SW 3 Street from T4-L Transect Zone to T5-0 Transect Zone is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts. 8 File ID: I6-01003zc City of Miami Planning and Zoning Department Land Development Division RECOMMENDATION Pursuant to Article 7, Section 7.1.2,8 (a) and Section 7.1.2.8 (c) (1) of the Miami 21 Code, Ordinance 13114, as amended, the Planning & Zoning Department recommends approval of the prQpod rezoning as presented. Jac ° ueljne Elris Chief °pf Land Development 9MM/2016 D. Cook 9 File ID: I6-I01003zc ..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 PROPERTIES LOCATED AT APPROXIMATELY 1247 SOUTHWEST 4 STREET AND 1244 SOUTHWEST 3 STREET, MIAMI, FLORIDA, FROM T4-L "GENERAL URBAN 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 1247 Southwest 4 Street and 1244 Southwest 3 Street [Commissioner Frank Carollo - District 3] APPLICANT(S): Capiro Venture, LLC ("The Applicant"), represented by Carlos Lago, Esquire. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will change the above property from T4-L "General Urban 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 T4-L "General Urban Transect Zone - Limited" TO T5-O "Urban Center Transect Zone - Open", for the property located at approximately 1247 Southwest 4 Street and 1244 Southwest 3 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. N MIAMI 21 (EXISTING) 16-01 003zc ADDRESS: 1244 SW 3 ST AND 1247 SW 4 ST 0 125 250 500 Feet N MIAMI 21 (PROPOSED) 16-01 003zc ADDRESS: 1244 SW 3 ST AND 1247 SW 4 ST 0 125 250 500 Feet 0 62.5 125 1 i I 250 Feet 1 AERIAL 16-01 003zc E. hstar Geographic^CNES/Ai'rbus DS,It Aeroorid IGNo IGP swisstopc, fir �I{n IS' 'W. ADDRESS: 1244 SW 3 ST AND 1247 SW 4 ST A