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HomeMy WebLinkAboutAnalysis and MapsDocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F G9© ,gyp PUBL./c-47 h�\ VGt1Y 4 4- Q. NOTICE This submittal needs to be' scheduled fora pubic hearing In acoordanre whh timelines set forth in the City of Miami Code. The appLI®de decision -malting body NOR redew the information at the pu bdc hearing to render a recommended on or a final decM on. J, PZ-22-13175 w 02/10/23 'ate b t VI EWcO�Qv City of Miami Planning Department ANALYSIS FOR REZONE Staff Analysis Report No. PZ-22-13175 Addresses 3700 SW 28 Street, 2810 SW 37 Avenue, 2814 SW 37 Avenue, 2816 SW 37 Avenue, 2818 SW 37 Avenue, 2824 SW 37 Avenue, and 2828 SW 37 Avenue Folio Numbers 0141170020420, 0141170020430, 0141170030010, 0141170030011, 0141170030040, 0141170030050, 0141170030080 Miami 21 Transect "T5-O", Urban Center Zone — Open MCNP Designation Medium Density Restricted Commercial Commission District 4, (City Commissioner: Manolo Reyes) Department of Human Service Neighborhood Service Center Coral Way Planner Darren Murphy, Planner II; Email: dmurphy@miamigov.com Property Owner 2814 16 SW 37, LLC; Email: AUribe@wsh-law.com Project Representative Alejandro Uribe; Email: AUribe@wsh-law.com A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21 Code"), as amended, the property owner "2814 16 SW 37 LLC" (the "Applicant") is requesting to change the Miami 21 Code's Zoning Atlas from "T5-O", Urban Center Zone — Open (T5-O) to "T6-8-O", Urban Core Zone — Open ("T6-8-O") generally located at 3700 SW 28 Street, 2810 SW 37 Avenue, 2814 SW 37 Avenue, 2816 SW 37 Avenue, 2818 SW 37 Avenue, 2824 SW 37 Avenue, and 2828 SW 37 Avenue (collectively the "Subject Property") Miami, Florida. Concurrently, the Applicant is requesting a change to the Miami Comprehensive Neighborhood Plan's (MCNP) Future Land Use designation, as a companion item (ePlan File ID# PZ-22- Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 1 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F This submittal needs to be scheduled fora pubic hearing In aaordancc whh timelines set forth in the City of Miami Code. The applicable decision -making body NOR resiew the information at the public hearing to render a recommendation or a final decld on. PZ-22-13175 02/10/23 15116). The companion application seeks to change the Property's FLU designation from Medium Density Multifamily Residential to General Commercial, please see Table 1. Address Folio Area Existing FLUM Designation Proposed FLUM Designation Existing Zoning Proposed Zoning 3700 SW 01-4117- 5,842.7 sq. ft. Medium Restricted T5-O T6-8-O 28 ST 002-0420 (0.134 ac) Density Commercial Restricted Commercial 2810 SW 01-4117- 5,840.1 sq. ft. Medium Restricted T5-O T6-8-O 37 AV 002-0430 (0.134 ac) Density Commercial Restricted Commercial 2814 SW 01-4117- Undivided Medium Restricted T5-O T6-8-O 37 AV 002-0010 '/2 interest in Density Commercial 7,228.1 sq. ft. (0.165 ac) Restricted Commercial 2816 SW 01-4117- Undivided Medium Restricted T5-O T6-8-O 37 AV 002-0011 '/2 interest in Density Commercial 7,228.1 sq. ft. (0.165 ac) Restricted Commercial 2818 SW 01-4117- 7,226 sq. ft. Medium Restricted T5-O T6-8-O 37 AV 002-0040 (0.177 ac) Density Commercial Restricted Commercial 2824 SW 01-4117- 7,224 sq. ft. Medium Restricted T5-O T6-8-O 37 AV 003-0050 (0.177 ac) Density Commercial Restricted Commercial 2828 SW 01-4117- 7,221.9 sq. ft. Medium Restricted T5-O T6-8-O 37 AV 003-0080 (0.177 ac) Density Commercial Restricted Commercial Total: 40,583 sq. ft. (0.913 ac) Table 1: Properties — Property information, Land Use and Zoning (Existing and Proposed) RECOMMENDATION Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 2 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PUei./ NOTICE This submittal needs to be scheduled for a pubic hearing In accordance with timelines set forth in the City of Miami Code.The applica de decision -making bodywlll review the Information at the pubc hearing to render a recommendation or a final decision. PZ-22-13175 02/10/23 NY/ !EW COV Pursuant to Article 7, Section 7.1.2.8.d.1 of Ordinance 13114 ("Miami 21"), as amended, the Planning Department recommends "Approval" of the requested change to Miami 21 Code's Zoning Atlas from "T5-O" to "T6-8-O" for the Subject Property. B. PROJECT DATA Adjacent Properties and their associated Land Use designation(s), Transect Zone(s), and Existing Use(s) Miami 21 MCNP / Density Existing Use(s) North T3-O and T6-8-O Duplex — Residential; Restricted Commercial / 150 du per acre Office, Multistory: Office Building South T4-L Low Density Restricted Commercial / 36 du per acre Residential, Multi - Family Housing East T4-L Low Density Restricted Commercial / 36 du per acre Residential, Multi - Family Housing West T3-O Duplex — Residential / 18 du per acre Residential, Multi- Family Housing Table 2: Surrounding Uses C. BACKGROUND Previous Land Use / Zoning Adoptions Through the following adopted Ordinances: 13764, 13765, 13956, and 13957 (collectively the "Adopted Ordinances"), please see Table 2, the Applicant successfully changed their Properties underlying Miami Comprehensive Neighborhood Plan's (MNCP) Future Land Use (FLU) and Miami 21 Code's Transect Zone designations, in a successional process, please see Table 3: Ordinance (Adopted) Property Addresses Existing FLU / Transect Zone Changed FLU / Transect Zone Ordinance 13546 — 2970 SW 37 Duplex Low Density FLUM (File Id: 15- 007191u) Avenue; 2950, 2960, and 2970 Residential Restricted Commercial SW 37 Court; 2955, 2965, 2971, 2952, 2964, and Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 3 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PUei./ NOTICE This submittal needs to be scheduled fora puboc hearing In acoordxnce whh timelines set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pubdc hearing to render a recommended on or a final decid on. PZ-22-13175 02/10/23 NY/ !EW COV Ordinance (Adopted) Property Addresses Existing FLU / Transect Zone Changed FLU / Transect Zone 2970 SW 38 Avenue; 2951, 2957, 2981, 2952, and 2970 SW 38 Court; and 2961 and 2983 SW 39 Avenue Ordinance 13547 — Zoning Atlas (File Id: 15-00719zc) 2970 SW 37 Avenue; 2950, 2960, and 2970 SW 37 Court; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38 Avenue; 2951, 2957, 2981, 2952, and 2970 SW 38 Court; and 2961 and 2983 SW 39 Avenue "T3-O", Sub -Urban Transect Zone - Open "T4-L", General Urban Transect Zone - Limited Ordinance 13764 - FLUM 3700 SW 28 Street, 12810 SW 37 Avenue, 2814 SW 37 Avenue, 2816 SW 37 Avenue, and 12818 SW 37 Avenue Low Density Restricted Commercial Medium Density Restricted Commercial Ordinance 13765 — Zoning Atlas 3700 SW 28 Street, 12810 SW 37 Avenue, 2814 SW 37 Avenue, 2816 SW 37 Avenue, and 12818 SW 37 Avenue "T4", General Urban Transect Zone — Limited "T5-O", Urban Center Zone - Open Ordinance 13956 — FLUM 2824 SW 37 Avenue and 2828 SW 37 Avenue Low Density Restricted Commercial Medium Density Restricted Commercial Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 4 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PUei./ NOTICE This submittal needs to be scheduled fora puboc hearing In acoordxnce whh timelines set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pubdc hearing to render a recommended on or a final decid on. PZ-22-13175 02/10/23 NY/ !EW COV Ordinance (Adopted) Property Addresses Existing FLU / Transect Zone Changed FLU / Transect Zone Ordinance 13957 — Zoning Atlas 2824 SW 37 Avenue and 2828 SW 37 Avenue "T4", General Urban Transect Zone — Limited "T5-O", Urban Center Zone - Open Table 3: Previously adopted Land Use & Zoning changes Site Location The Subject Property directly fronts SW 37 Avenue with the northern property (3700 SW 28 Street) located in the southwest quadrant of the interaction of SW 37 Avenue and SW 28 Street, please see Figure 1. Based on the surrounding existing Uses, please refer to Table 2, the Applicant's neighbors are predominantly low -density residential, except for their northern neighbors, which is a multistory Office building. Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 5 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PU$i./ Figure 1: Aerial of subject site (red outline) NOTICE This submittal needs to be' scheduled fora pubic hearing In acoordanre whh timelines set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pu bdc hearing to render a recommended on or a final decM on. PZ-22-13175 02/10/23 NY/ !EW COV ProDosal Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8(a.) — Successional Zoning, the Applicant is requesting to change both the existing, underlying Subject Property's MCNP, Future Land Use Map ("FLUM") designation from Medium Density Restricted Commercial to Restricted Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 6 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F PU8i./�-y\ �© `11Y f1P'P 4 0 4- NOTICE This submittal needs to be scheduled fora puboc hearing In acoordxnce whh timelines set forth in the City of Miami Crude. The appLI®de decision -malting body NOR rodew the information at the pubdc hearing to render a recommended on or a final decid on. PZ-22-13175 02/10/23 NY/ !EW COV Commercial and the Miami 21 Code's Zoning Atlas Transect Zone from T5-O to T6-8-O. Based on the Applicant's plan drawing — V-1, Survey, the Subject Property is approximately 40,583 sq. ft. (0.913 acres). and has 325.38 feet of linear frontage on SW 37 Street. Therefore, the Applicant's Rezoning Application meets the necessary minimum criteria under Miami21 Code, Article 7, Section 7.1.2.8.c, as the Subject Property involves more than 200 linear feet of frontage and more than 40,000 square feet of land area. Covenants — previously adopted Covenants (unrecorded) Based on the Applicant's previously Adopted Ordinances pertaining to their Rezones), they "Voluntarily Proffered" restrictive covenants: Ordinance 13765: Addresses - 3700 SW 28 Street, 12810 SW 37 Avenue, 2814 SW 37 Avenue, 2816 SW 37 Avenue, and 12818 SW 37 Avenue The Applicant had voluntarily proffered restrictive covenants for the zoning change for these Property addresses (3700 SW 28 Street, 12810 SW 37 Avenue, 2814 SW 37 Avenue, 2816 SW 37 Avenue, and 12818 SW 37 Avenue) that offer the following restrictions and covenants as identified per Miami 21 Code, Article 4, Table 3: 1. Restricts the use of all parcels from containing the following uses; Car wash, Gas station, Major mechanical work, Bodywork, 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. Ordinance 13957: Addresses - 2824 SW 37 Avenue and 2828 SW 37 Avenue The Applicant had submitted a voluntary declaration of restrictive covenants. Upon approval of the change of zoning, the owner declares the following conditions for the subject Properties: • The Owner shall provide a total of one (1) housing unit as a part of any Multi -Family residential rental or condominium development on the Property that shall be owner - occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below 80 percent of Area Median Income based on the City of Miami standards and certified by the City of Miami Department of Community Development. • Alternatively, the Owner shall contribute $10,000 (ten thousand dollars) as a lump sum payment to the Public Benefit Trust Fund, prior to obtaining a building permit for any Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 7 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PU$i./ NOTICE This submittal needs to be' scheduled fora pubic hearing In acoordanre whh timelines set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pu bdc hearing to render a recommended on or a final decM on. PZ-22-13175 02/10/23 NY/ !EW COV residential development on the Property. This condition applies only to Residential and Multi -Family Housing development. Please note that the covenants for this specific rezone application were reviewed by the City Attorney's Office pursuant to Legal Service Request (LSR) Matter ID No. 19-2697, and the covenants were not a factor in the staff's analysis. Note: As advised by the City Attorney's Office regarding this issue of the "Unrecorded Covenants" that were voluntarily proffered with the previous rezoning approvals for the abovementioned Ordinances 13765 and 13957, respectively, these are some points of consideration: • Regarding the Unrecorded Covenants, the City requires the Applicant to submit for the City of Miami signatures and formally record the covenants. • These Unrecorded Covenants do not prohibit the scheduling of this new rezoning application for public hearing as presented to the Planning, Zoning & Appeals Board (PZAB). However, the Applicant and PZAB board members (and City Commissioners when applicable) should be informed that the "previous" applicant had failed to record the previously proffered covenants and the City of Miami may take this into consideration. • The new covenant proffered by the current Applicant seems to be the same as one of the previous ones for this property, except that it covers more land. • Any new covenant should not be in place of the previous covenant(s), but in addition to them. Covenant — applied to the current Rezoning application A. Notwithstanding the T6-8-O Transect Zone's permitted uses, the following uses shall be prohibited at the Property: 1) Car wash; 2) Gas station; 3) Major mechanical work; 4) Bodywork; 5) Welding; 6) Any work involving noise glare, fumes, or smoke, all of which are considered auto - related commercial establishment and/or auto -related industrial activities as defined in Section 1.1.d of Miami 21, as may be amended; Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 8 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PUei./ NOTICE This submittal needs to be scheduled fora puboc hearing In acoordxnce whh timelines set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pubdc hearing to render a recommended on or a final decld on. PZ-22-13175 02/10/23 NY/ !EW COV 7) Sale of alcohol for the primary purpose of off -site consumption; and 8) Alcohol service establishments, as the term is defined in Section 1.1.d of Miami 21 as may be amended, including bars, taverns, cocktail lounges, nightclubs, or supper clubs. B. All commercial deliveries to any business at the Property shall take place during normal business hours. C. Commercial delivery vehicles shall access the Property solely from SW 28th Street. D. The main vehicular access for the Property shall be located along SW 37th Avenue to the extent permitted by Code. E. A secondary vehicular egress along SW 28th Street shall be permitted. F. Residents shall be prohibited from storing items on balconies except for patio furniture in good condition. G. The interior side setback areas of the Property (to the south and west) shall be landscaped to serve as buffers for abutting properties. Sociodemographic The Applicant's Properties are located within the 2020 United States Census Tract "12086007007" (the "Census Tract"). Staff reviewed the following socioeconomic indicators/variables (Population, Households, Average Household Size, Families in Poverty, Owner -Occupied Housing, Renter -Occupied Housing, Vacant Housing, Median Family Income, and Median Gross Rent) to understand the differences between this Census Tract and the City of Miami. The one sociodemographic indicator that is noteworthy deals with Housing: Owner - Occupied Housing is 15.45% (135 units) versus Renter -Occupied Housing is 84.55% (739 units), with a ratio of Renters to Owners being approximately 5.47 (739/135). Topic — United States 2020 Census Census Tract 70.07 City of Miami Population 2,410 442,241 Households 874 180,676 Average Household Size 2.2 2.5 Families in Poverty 14.81% 17.14% Owner -Occupied Housing 15.45% 30.37% Renter -Occupied Housing 84.55% 69.63% Vacant Housing 7.42% 13.62% Median Family Income $54,100 $48,003 Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 9 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PUei./ NOTICE This submittal needs to be scheduled fora puboc hearing In acoordxnce whh timelines set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pubdc hearing to render a recommended on or a final decld on. PZ-22-13175 02/10/23 NY/ !EW COV Topic — United States 2020 Census Census Tract 70.07 City of Miami Median Gross Rent $1,763 $1,242 Table 3: 2020 United States Census: Census Tract 12086007007 D. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) The Applicant is requesting to change the Subject Property's existing, underlying MCNP's, FLU designation of Medium Density Restricted Commercial to Restricted Commercial. This FLU designation allows residential uses (except rescue missions) to a maximum density equivalent to "High -Density Multifamily Residential" (150 du per acre) subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use and commercial activities 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 Criteria: MCNP, Transportation Element, Policy TR-1.1.5: "The City will encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers." Analysis: All the Applicant's Properties are fronting a major four -lane Commercial Thoroughfare — SW 37 Avenue, and they are located within the City's designated Transit Oriented Development Shed, which is defined per Miami 21 Code, Article 1, Section 1.1, as a "Transit Oriented Development (TOD) and [defined as] a designation established by the City within the Pedestrian Shed or Bicycle Shed area of a convergence of modes of transit, or a train station". This specific transit node/center is the Douglas Road Metrorail Station". Finding: complies Miami 21 Code The Applicant is requesting to change the Subject Property's existing, underlying Miami 21 Code's Transect Zone from T5-O (please see Figure 2) to T6-8-O, please see Figures 2 and 3. This Transect Zone consists of the highest Density (150 du per acre) and greatest variety of Uses per Miami 21 Code, Article 4, Table 3, please refer to Table 5: Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 10 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PU$i./ NOTICE This submittal needs to be' scheduled fora pubic hearing In acoordanre whh bmellnes set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pu bdc hearing to render a recommended on or a final decM on. PZ-22-13175 02/10/23 NY/ !EW COV — a sw 7T" " —T6-8-0 ',-'T" " uuq T6-SA I CS CS svz n sr a za T" sr _ _ - T5-0 — --ov2drnsi size ii 7 T3-D ,_ T68-0 T3-0 v — T4 L 6 T4 L °' s�,: z_ i ai� � — s�� "c-" 5Tf, 7L I ,�I I I I I� � II 1 -)l II I II. 1 1 Figure 2: Miami 21 Transect Zone (Existing) Figure 3: Miami 21 Transect Zone (Existing) BUILDING FUNCTION: USES T5-O T6-O RESIDENTIAL SINGLE FAMILY RESIDENCE R R COMMUNITY RESIDENCE R R ANCILLARY UNIT TWO FAMILY RESIDENCE R R MULTI FAMILY HOUSING R R DORMITORY R R HOME OFFICE R R LIVE - WORK R R WORK - LIVE LODGING BED & BREAKFAST R R INN R R HOTEL R R OFFICE OFFICE R R Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 11 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PU$i./ -10 NOTICE This submittal needs to be scheduled fora puboc hearing In accordance whh bmellnes set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pubdc hearing to render a recommended on or a final decid on. PZ-22-13175 02/10/23 NY/ !EW COV BUILDING FUNCTION: USES T5-O T6-O COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. W W ENTERTAINMENT ESTABLISHMENT R R ENTERTAINMENT ESTAB. - ADULT FOOD SERVICE ESTABLISHMENT R R ALCOHOL BEVERAGE SERVICE ESTAB. E E GENERAL COMMERCIAL R R MARINE RELATED COMMERCIAL ESTAB. W W OPEN AIR RETAIL W W PLACE OF ASSEMBLY R R RECREATIONAL ESTABLISHMENT R R AMUSEMENT RIDE E CIVIC COMMUNITY FACILITY W W RECREATIONAL FACILITY R R RELIGIOUS FACILITY R R REGIONAL ACTIVITY COMPLEX E CIVIC SUPPORT COMMUNITY SUPPORT FACILITY W W INFRASTRUCTURE AND UTILITIES W W MAJOR FACILITY MARINA W W PUBLIC PARKING W W RESCUE MISSION TRANSIT FACILITIES W W EDUCATIONAL CHILDCARE W W COLLEGE / UNIVERSITY W W ELEMENTARY SCHOOL W W LEARNING CENTER R R MIDDLE / HIGH SCHOOL W W PRE-SCHOOL R R RESEARCH FACILITY R R SPECIAL TRAINING / VOCATIONAL W W PRODUCTS AND SERVICES Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 12 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PU$i./ NOTICE This submittal needs to be' scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pu bdc hearing to render a recommended on or a final decM on. PZ-22-13175 02/10/23 NY/ !EW COV BUILDING FUNCTION: USES T5-O T6-O STORAGE/ DISTRIBUTION FACILITY Table 4: Excerpt of Article 4, Table 3 of Miami 21, a comparison of Uses between the "T5-O"and `T6-0" Criteria: Miami 21 Code, Article 2, Section 2.1.2(b.)(2.): "Rebuilding the City's commercial Corridors to function as Mixed -Use, transit -oriented, walkable centers for adjacent Residential Neighborhoods". Analysis: All the Applicant's Subject Property is fronting a major four -lane Commercial Thoroughfare — SW 37 Avenue (Commercial corridor), and they are located within the City's designated Transit Oriented Development Shed, which is defined per Miami 21 Code, Article 1, Section 1.1, as a "Transit Oriented Development (TOD) and [defined as] a designation established by the City within the Pedestrian Shed or Bicycle Shed area of a convergence of modes of transit, or a train station". This specific transit node/center is the "Douglas Road Metrorail Station" which allows for a variety of interconnected multimodal transportation options including but not limited to bus service, rail service, walking, bicycling, driving, etc. Finding: complies FINDINGS Criteria 1: Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8(f.)(1.)(a.): "The relationship of the proposed amendment to the goals, objectives, and policies of the [MCNP], with appropriate consideration as to whether the proposed change will further the goals, objectives, and policies of the [MCNP]; the Miami 21 Code; and other city regulations." Analysis 1: As noted under the subheading "Covenant — applied to the current Rezoning application", the Applicant has "voluntarily proffered" a Declaration of Restrictive Covenants that limits specific Commercial Uses that would be deemed as incompatible and/or disruptive to their abutting residential neighbors. This aligns with the following MCNP's Land Use Element, Policy HO-1.1.8: "Through the land development regulations, the City will protect existing viable neighborhoods in those areas suitable for housing and, where appropriate, enhance them in a manner compatible with their existing character". In terms of multimodal transit options for the City's residents, the Applicant's requested rezoning of its Properties will promote high -density development along an existing Commercial/Transit corridor (SW 37 Avenue), while being within the City's designated Transit Oriented Development area centered around the Douglas Station Metrorail Station. This aligns with the following MCNP's Transportation Element, Policy TR-1.1.5: "Within Neighborhoods, a range of housing types and price levels should accommodate diverse ages and incomes" and Miami 21 Code's Article 2, Section 2.1.2(b.)(2.): "Rebuilding the City's commercial Corridors to function as Mixed -Use, transit -oriented, walkable centers for adjacent Residential Neighborhoods". Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 13 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F 4 PUei./ Finding 1: Complies NOTICE This submittal needs to be scheduled fora pubic hearing In acoordxnce whh timelines set forth in the City of Miami Code. The appLI®de decision -malting body NOR rodew the information at the pubic hearing to render a recommended on or a final decld on. PZ-22-13175 02/10/23 NY/ !EW COV Criteria 2: Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8(f.)(1.)(b.): "The need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary." Analysis 2: As noted under the subheading "Previous Land Use / Zoning Adoptions", the Applicant has successfully rezoned their Properties twice in a "Successional" fashion from the original Transect Zone of "T3-O" to the current Transect Zone of "T5-O", per Miami 21 Code, Article 7, Section 7.1.2.8(a.). Furthermore, the recently approved "Shoma One" Residential, Multi Family Project (Enactment Number: 13543) located directly south of the Applicant's Properties at 3650 Bird Road consist of two buildings with 18 Stories, 391 units, and approximately 575,414 square feet of new construction, this is considered as a lead indicator of future changing conditions towards high -density redevelopment centered around a multimodal Transit Node center, that being the Douglas Road Metrorail Station. Findings 2: Complies Criteria 3: Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8(f.)(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 this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height." Analysis 3: The Applicant's northmost property (3700 SW 28 Street) is abutting a "T6-8-O" designated property (2780 SW 37 Avenue). Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8(a.), the Applicant's requested change is following the "Successional Zoning" pattern that allows the existing, underlying Transect Zone to go from "T5" to "T6-8". Finding 3: Complies F. CONCLUSION The Applicant's requested rezoning for their Subject Property from the current "T5-O" to "T6-8- 0" was reviewed based on a "balanced approach" of weighing the merits of this application being compliant with Miami 21 Code's Successional Zoning Changes, the MCNP's Goals, Objectives, and Policies, and the Applicant's voluntarily proffered Covenant that restricts specific Commercial Uses that is juxtaposed to the proposed scale of a future redevelopment(s) project with eight (8) Stories "By Right" with an additional bonus height of four (4) Stories, a residential density of 150 dwelling units per acre, a greater variety of Uses, and increase in the number of traffic trips that abuts an established single family ("T3-O") residential neighbors to the west. Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 14 of 15 2/10/2023 DocuSign Envelope ID: 4F072367-1364-4847-8F38-C3483992E23F NOTICE This submittal needs b be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Ccde.The applica de decision -making bcdywill rewew the information at the pubc hearing to render a recommendation or a final decision. Per Ordinances 13546, 13544, 137654, 13765, 13956, and 13957, the merits of the previously adopted MCNP's Comprehensive Plan Amendments to the Future Land Use Map and the Miami 21 Code's Zoning Amendments to the Zoning Atlas were fully vetted by PZAB and the City Commission. Thus, this has ultimately created a precedent towards higher residential density and intensity of Uses within a City -designated Transit Oriented Development Pedestrian Shed or Bicycle Shed area that is centered around the "Douglas Road Metrorail Station". This is the growth pattern that the City of Miami envisions with its residents having direct access to interconnected, multimodal transportation options that include bus service, rail service, bicycling, walking, etc. Therefore, the Planning Department recommends "Approval" of the property addresses (3700 SW 28 Street, 2810 SW 37 Avenue, 2814 SW 37 Avenue, 2816 SW 37 Avenue, 2818 SW 37 Avenue, 2824 SW 37 Avenue, and 2828 SW 37 Avenue) from "T5-O" to "T6-O" and the acceptance of the voluntarily proffered covenant, based upon the facts and findings in this staff report. ,—DocuSigned by: (AtisLt t hit 7F'i5FFFOC 6C;349F Lakisha Hull, AICP, LEED AP BD+C Planning Director �DocuSigned by: 3A7GCACGAF7E446... Sevanne Steiner CNU-A, Assistant Director/ Interim Chief Land Development ,—DocuSigned by: G `—anruA, Li menA Darren Murphy, Planner II Land Development Attachments: Attachment 1 — Exhibit A — Legal Description Attachment 2 — Voluntarily Proffered Covenant Staff Analysis Report No. PZ-22-13175: 3700 SW 28 ST-RE-Zoning Application — Page 15 of 15 2/10/2023 AERIAL EPLAN ID: PZ-22-13173 COMPREHENSIVE PLAN AMENDMENT ADDRESSES: 3700 SW 28 ST; 2810, 2814, 2816, 2818, 2824, & 2828 SW 37 AV 0 125 250 500 Feet This submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code. The applicable decision -making body will reNew the Information at the public hearing to render a recommendation or a final decision. FUTURE LAND USE MAP (EXISTING) EPLAN ID: PZ-22-13173 COMPREHENSIVE PLAN AMENDMENT ADDRESSES: 3700 SW 28 ST; 2810, 2814, 2816, 2818, 2824, & 2828 SW 37 AV 0 125 250 500 Feet SW 27TH LN SW 38TH AV SW 28TH ST I Duple Residential 2 H u) 1. MediDensity Restricted Commercial 1 Lno R Cc This submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code. The applicable decision -making body will reNew the Information at the public hearing to render a recommendation or a final decision. Public Parks and Recreation w Den estrict Ammer SW 29TH ST SW 28TH ST sity ed cial SW 36TH CT FUTURE LAND USE MAP (PROPOSED) EPLAN ID: PZ-22-13173 COMPREHENSIVE PLAN AMENDMENT ADDRESSES: 3700 SW 28 ST; 2810, 2814, 2816, 2818, 2824, & 2828 SW 37 AV 0 125 250 500 Feet SW 27TH LN SW 38TH AV SW 28TH ST i Duple Residential SW 37TH CT 2 1 This submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code. The applicable decision -making body will reNew the Information at the public hearing to render a recommendation or a final decision. i Public Parks and Recreation a Restricted IR Commercial ci Lnow Den Restrict Commer SW 28TH ST sity ed cial SW 29TH ST SW 36TH CT AERIAL EPLAN ID: PZ-22-13175 REZONE ADDRESSES: 3700 SW 28 ST; 2810, 2814, 2816, 2818, 2824, & 2828 SW 37 AV 0 125 250 500 Feet This submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code. The applicable decision -making body will reNew the Information at the public hearing to render a recommendation or a final decision. MIAMI 21 (EXISTING) EPLAN ID: PZ-22-13175 REZONE ADDRESSES: 3700 SW 28 ST; 2810, 2814, 2816, 2818, 2824, & 2828 SW 37 AV 0 125 250 500 Feet SW 27TH LN SW28TH ST T3-O T6-8-O This submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code. The applicable decision -making body will reNew the Information at the public hearing to rendera recommendation or a final decision. CS W 37-TH AV T4-L SW 29TH SW-28TH ST SW 36TH CT N II II MIAMI 21 (PROPOSED) EPLAN ID: PZ-22-13175 REZONE ADDRESSES: 3700 SW 28 ST; 2810, 2814, 2816, 2818, 2824, & 2828 SW 37 AV 0 125 250 500 Feet SW 27TH LN L SW28TH ST- T3-O T6-8-O T6-8-O This submittal needs to be scheduled fora public hearing in accordance with timelines set forth In the City of Miami Code. The applicable decision -making body will reNew the Information at the public hearing to rendera recommendation or a final decision. CS co T4-L SW-29TH ST- SW-28TH ST SW 36TH CT N II II