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HomeMy WebLinkAboutAnalysis and MapsCity of Miami Planning Department This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code.The applicade decision -making body NOR review the Information at the public hearing to render a recommendation or a final decision. PZ-23-16171 10/04/23 ANALYSIS FOR EXCEPTION Staff Analysis Report No. PZ-23-16171 Location 3265 Bird Avenue Folio Number 0141160220030 Miami 21 Transect "T4-L" General Urban Transect Zone - Limited MCNP Designation Medium Density Restricted Commercial Commission District District 2 — Sabina Covo Commissioner District Office Coconut Grove Planner Maxwell Utter, Planner II mutter@miamigov.com Property Owner Bolonki LLC Project Representative Mario Garcia -Serra, Esq. mgarcia-serra(a�gunster.com A. REQUEST Pursuant to Article 7 Section 7.1.2.6 and Article 4 Diagram 11 of Ordinance 13114 ("Miami 21"), as amended, and Chapter 23 — Historic Preservation of the City of Miami Code of Ordinances ("City Code"), as amended Mario Garcia -Serra, Esq., on behalf of Bolonki LLC (the "Applicant"), requests an Exception to allow for the transfer of development density to allow for an additional dwelling unit at a Multi -Family Building at the Property located at 3265 Bird Avenue, Miami, Florida (the "Property"). S. RECOMMENDATION Pursuant to Article 7 Section 7.1.2.6 and Article 4 Diagram 11 of the Miami 21 Code, as amended, and Chapter 23 — Historic Preservation of the City Code, as amended, the Planning Department recommends Approval with Conditions based on the facts and findings stated in this staff report. Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde.The appticd de decision -making bodywill rewew the information at the public hearing to render a recommendation or a final decision. C. PROJECT DATA Based on the surrounding uses, all abutting properties have the same land use designations and zoning as the Subject Property. SURROUNDING USES Miami 21 MCNP Existing Use North "T5-O" Restricted Commercial Multi -Family, Low -Density (Under 25 DU/Gross Acre South "T4-L" Medium Density Restricted Commercial Two -Family and Institutional East "T4-L" Medium Density Restricted Commercial and Restricted Commercial Multi -Family, Low -Density (Under 25 DU/Gross Acre) West "T4-L" Medium Density Restricted Commercial Multi -Family, Low -Density (Under 25 DU/Gross Acre) Table 1: Surrounding Uses D. BACKGROUND Site Location & Surrounding Uses The Property is composed of one (1) parcel with an approximate lot area of 13,000 square feet (0.298 acres). The Property is generally located in a commercial corridor, with residential uses roughly 500 feet away to the south, and across Dixie Highway to the north. The Property fronts Bird Avenue. The Property is within the Coconut Grove Neighborhood Conservation District (NCD-3). Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -malting body will rodew the information at the pubc hearing to render a recommendation or a final decid on. PZ-23-16171 10/04/23 Figure 1: Aerial Map of Site Proposal Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -making body will rodew the information at the pubc hearing to render a recommendation or a final decid on. PZ-23-16171 10/04/23 The Property is currently developed with Multi -Family Housing, with a total of 10 units. The Applicant is requesting approval for the transfer of one (1) dwelling unit to divide one unit into two, for a total of 11 units. UNIT-1 100' PROPERTY LINE BEDROOM BEDROOM BATHE' II udL LIVING ROOM nnn KITCHEN r1 1°flO r • LIVING ROOM KI fCNEN �_1I UNIS ONI LNTRANCE ENTRAN9 Figure 2: Site Plan Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception CL, 0 UNIT-2 BEDROOM BATHROOM1 A IIII co 01 LAU, DR`S f1 h IJ P�� BEDROOM BATHROOM This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -malting body will rodew the information at the pubdc hearing to render a recommendation or a final decid on. PZ-23-16171 10/04/23 MIAMI 21 CODE REQUIRED ZONING DISTRICT: T4-L ( URBAN TRANSECT ZONE ) PROVIDED BUILDING DISPOSITION LOT OCCUPATION A- LOT AREA 5,000 SF MIN.; 5,000 SF MIN.; 13,000 SF (0.2984 ACRES) 20,000 SF MAX- 20,000 SF MAX. B- LOT WIDTH 50 FT MIN. 50 FT MIN. 100 FT C- LOT COVERAGE 60 % MAX. 60 % MAX. = 7,800 SF MAX. 7,638 SF D- FLOOR LOT RATIO (FLR) N/A N/A FLOOR AREAS BASEMENT (PARKING GARAGE) GROUND FLOOR AREA (3 DWELLING UNITS) SECOND FLOOR AREA (4 DWELLING UNITS) THIRD FLOOR AREA (4 DWELLING UNITS) 7,392 SF 6,159 SF 7,495 SF 7,495 SF TOTAL FLOOR LOT RATIO 28,541 SF E- FRONTAGE AT FRONT OF SETBACK 50%MIN. 50 % MIN. 50°-0" FT MIN 79' 1" F- OPEN SPACE REQUIREMENTS 15 % LOT AREA MIN. 15 % LOT AREA MIN. 1,950 SF MIN. 5,466 SF G- DENSITY 36 DU 1 ACRE MAX. 36 DU x 0.2984 ACRE 11 DWELLING UNITS = 10.74 DU PARKING REQUIREMENTS PARKING SPACES (STANDARD 8'-6" x 18".0") REQUIRED: 1.5 SPACE MIN. FOR UNIT 11 UNITS X 1.5 = 16.5 PS SPACES MIN. 1 SPACES EVERY 10 UNITS DESIGNATED FOR VISITORS 11 TOTAL UNITS / 10 1.1 PS ACCESSIBLE / VAN ACCESSIBLE PARKING SPACES REQUIRED 17.6 SPACES MIN. REQD. 18 PS (TOTAL PROVIDED) 1 SPACE MIN. 1 PROVIDED (INCLUDED IN TOTAL) (INCLUDED IN TOTAL) Figure 3: Zoning Data Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception ,gyp Pu$C/c 4 NOTICE This submittal needs to be schedu led fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render a recommendation or a final decision. J, PZ-23-16171 44, 10/04/23 <C VI l:w CO'. E. ANALYSIS Miami Comprehensive Neighborhood Plan The Property is located within the MCNP's Future Land (FLU) designation of "Medium Density Restricted Commercial. See Figure 3 The MCNP describes "Medium Density Restricted Commercial" as: Areas designated as "Medium Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Medium Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are 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, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Medium Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject Property. Analysis: The existing structure is an apartment complex and is compliant with the uses in the MCNP. Splitting one apartment into two would not change the land use of the Property. Therefore, the Applicant's proposal would not impact any compliance with MCNP. Findings: Complies Miami 21 Code The Property has a "T4-L" General Urban Transect Zone- Limited zoning designation. According to Miami 21 Article 4 Table 3, Multi -Family housing is allowed by Right. Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception 4 0 PU8 , 411 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-23-16171 10/04/23 44, ! Ew CO ' Zoning Overlay The Property is in Coconut Grove's NCD-3. See Figure 4. The intent of the NCD-3 is to "establish a protective series of legislative elements to preserve the historic, heavily landscaped character of Coconut Grove's residential areas; enhance and protect Coconut Grove's natural features such as the tree canopy and green space; and protect the architectural variety within the unique single-family neighborhood that comprises Coconut Grove." Figure 4: Zoning Designation Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception .co Que�rch�1 �49 `11Y f1F o NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. J, PZ-23-16171 44, 10/04/23 <C VI l:w CO'. Criteria Criteria 1: Pursuant to Article 4, Diagram 11, "TOD RESIDENTIAL DENSITY TRANSFER AREA — Up to a fifty percent (50%) increase above allowable Density in a T4, T5, and T6 is permitted through the Historic Preservation Transfer of Development Density program established in Chapter 23 of the City Code. This increase is allowable within three-quarters (%) of a mile of a transit station. Density transfer into T4 is allowed by Exception with City Commission approval." Analysis 1: The Property is within a Transit -Oriented Development, and is therefore eligible for a transfer of one unit of development density with City Commission Approval Finding 1: Consistent Criteria 2: Pursuant to Chapter 23, Section 23-6, "Receiving sites for unused development density will be located near a Transit Oriented Development ("TOD') pursuant to Article 4 of Miami 21, the zoning ordinance of the City of Miami, Florida, as amended or superseded." Analysis 2: The Property is located within a TOD and therefore eligible to receive additional development density. Finding 2: Consistent Citeria 3: Pursuant to Article 7, Section 7.1.2.6.b.4, "The review shall consider the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses..." Analysis 3: The Property is surrounded by similar Residential Uses and a Private School and therefore there would be no negative impact on the immediate area. Finding 3: Consistent Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde.The appticd de decision -making bodywill rewew the information at the public hearing to render a recommendation or a final decision. NEIGHBORHOOD SERVICES Pursuant to Article 7, Section 7.1.3.4 of the above Miami 21 Code, the Planning Department has made referrals to the agencies below: • Office of Zoning • Office of Public Works • Coconut Grove Commissioner District Office Their comments and recommendations have been considered and are reflected in this final decision. G. FINDINGS • The Property is located within the"T4-L" General Urban Transect Zone -Limited. • The Property is located within the NCD-3. • The transfer of Density from a Historic Resource to a property located within the "T4" Transect Zone is permitted by process of Exception with City Commission approval. • Based on Miami 21 Code, the Residential Density for a "T4" Transect Zone is 36 dwelling units per acre, equating to 10 dwelling units with the current lot size of 13,000 square feet (0.298 acres). • Based on the regulations of the Historic Preservation Transfer of Development Density program established in Chapter 23 of the City Code, the Applicant would be eligible to transfer up to five (5) units of density. H. CONCLUSION Pursuant to Article 7 Section 7.1.2.6 and Article 4, Diagram 11 of Miami 21, and Chapter 23 — Historic Preservation of the City Code, the Planning Department recommends Approval with Conditions for the requested Exception with the following conditions: I. CONDITIONS 1. The Project shall be developed in accordance with the plans and supporting documents submitted, bearing the E-Plan stamp for Exception PZ-23-16171-EX. 2. The Applicant shall obtain a Certificate of Transfer for the transfer of development density prior to the issuance of the building permit. Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception NOTICE This submittal needs to be scheduled for a public hearing in accordance with bmellnes set forth in the City of Miami Code.The applica de decision -making body will review Ure intonnaion at the pubc hearing to render a recommendation or a final decision. PZ-23-16171 10/04/23 3. The Applicant, owner, or successor shall comply with the requirements of all applicable Departments/Agencies as part of the City of Miami building permitting process. 4. The Applicant, owner, or successor shall comply with all applicable building codes, land development regulations, ordinances, and other laws and pay all applicable fees due prior to the issuance of a building permit. 5. Pursuant to Article 7, Section 7.1.2.6(e), an Exception shall be valid for a period of two (2) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one-time extension, for a period not to exceed one (1) additional year, may be obtained under the approval of the Planning Director. 6. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to the City Code. ,-DocuSigned by: (Atis(t CktnL1 '-7F35EEFOC6C349F... Lakisha Hull, AICP, LEED AP BD+C Planning Director �DocuSigned by: C Jwi- S Sevanne Steiner Assistant Planning Director ,-DocuSigned by: Uftu' `-516A5D057573427... Maxwell Utter Planner II Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception 4 0 PUet/ '-N to 411 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-23-16171 10/04/23 44, RtVI EW CO ' The Planning, Zoning and Appeals Board ("PZAB") decision may be appealed to the City Commission by any aggrieved party within fifteen (15) days of the date of rendition. The filing of an appeal, and payment of appropriate fee, may be submitted with the Hearing Boards Division in -person or online within 15 calendar days of the date of rendition. You may file online by clicking here https://www.miamigov.com/Services/Doing-Business/Get-an-Exception-Permitting Staff Analysis Report PZ-23-16171 3265 Bird Ave- Exception