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Home My WebLink AboutAnalysis, Maps & PZAB ResoCity of Miami Planning and Zoning Department ft COP Land Development .'lection L ti'E si ANALYSIS FOR CHANGE OF ZONING APPLICANT: Deel Realty, LLC PROJECT ADDRESS: 2990 SW 36th Court NET OFFICE: Coral Way COMMISSION DISTRICT: District 2 A. GENERAL INFORMATION: FILE ID: 15-00065zc ZIP: 33137 HEARING DATE: 4/15/15 ITEM: PZAB.2 REQUEST: Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a change of zoning for a parcel zoned T3-0 "Sub -Urban Open Transect Zone" to T4 -L "Urban Center Limited Transect Zone". The subject property is located within the Coral Way NET area and the Overbrook Park Subdivision. The parcel is an interior lot approximately 7,512.40 sq. ft., and is the second parcel from the NW corner of Bird Road and SW 36th Street (Complete legal description is on file with the Hearing Boards Section). B. BACKGROUND: The subject site contained a one story, 2,228 sq. ft. triplex that was developed in 1962 and was recently demolished by the applicant. The property was previously zoned Two -Family Residential "R-2" and was subsequently rezoned on April 2010 under Miami 21 to Urban Transect Zone 73-0', subsequently the applicant acquired the property on August 19, 2014. The applicant is currently seeking a change of zoning to T4 -L. The applicant currently owns the adjacent parcel to the south (Dee[ Volkswagon) and seeks to expand the existing car dealer, car storage use onto said parcel. Subsequently, on March 24, 2015 the Department of Code Compliance issued the applicant a Notice of Violations for parking on unimproved surfaces, storage of vehicles, no certificate of use and for operating a non -conforming parking lot within a residential district. As such, staff requested a deferral of the applicants request before the March 24, 2015, Planning and Zoning Appeals Board, to allow the applicant time to bring the property into compliance with the underlying transect zone requirements of T3-0. 15-00065zc Page 1 of 3 On April 2, 2015 the Department of Code Compliance found the property, which is the subject of this request to be in compliance with the underlying transect zone. C. COMPREHENSIVE PLAN: The requested zoning designation of T4 -L is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of Duplex Residential. However, the existing character and density of the area is consistent with the proposed land use modifications as proposed under the Comprehensive Plan. As such, staff has submitted a companion item under (15-000651u) with this request to amend the land use designations for said parcel. D. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T3-0 Urban Transect Zone Surrounding Properties NORTH: T3-0; Suburban Transect Zone (adjacent) Overbrook Park Sub SOUTH: D1; Workplace District Transect Zone (adjacent) Deel Volvo EAST: D1; Workplace District Transect Zone (across SW 36th Court) WEST: T4 -L; General Urban Transect Zone (adjacent) E. ANALYSIS: FUTURE LAND USE DESIGNATION Duplex Residential Maximum of 18 D.U. per acre Duplex Residential Maximum of 18 D.U. per acre Light Industrial Maximum of 36 D.U. per acre Light Industrial Maximum of 36 D.U. per acre Low Density Restricted Commercial Maximum of 36 D.U. per acre The following is a review of the request pursuant to a rezoning criteria at Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria: For rezonings: 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. 15.00065zc Page 2 of 3 Analysis: The property is a legally platted parcel located within the Overbrook Park Subdivision. 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 and provides a transition in height and intensity. Rezoning the property to T4 -L would result in successional zoning and will allow the applicant to expand the car dealer use via a warrant. Staff notes that the parcels directly to the south and east are currently used as a car dealership. Finding: Consistent F. NEIGHBORHOOD SERVICES: NET No Objection Code Compliance No Objection Building Required Historic Preservation No Objection Environmental Resources No Objection G. CONCLUSION: The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning. The proposed change of zoning provides a transition in height and intensity into the transitional zoning. The applicant has proffered a covenant which provides a ten foot (10) wide building setback and landscape easement along the northern interior side of the subject parcel for a period of thirty (30) years extended automatically for a successive periods of ten (10) years. Staff finds that the Declaration of Restrictive Covenants as proposed and the applicant's request to rezone the subject property to T4 -L merit a change of zoning as said request will provide a ten foot (10) wide building setback and landscape easement along the northern boundary of the subject parcel. Said easement will be landscaped and maintained to minimize the commercial impact onto the adjacent residential district. Rezoning the parcel will allow the applicant to expand the car storage component of the car dealer onto said parcel via the warrant process. Staff finds the zoning request is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts and provides an appropriate zoning transition. H. RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning & Zoning Department recommends approval of the proposed rezoning as presented. 0/1/ Christopher Bffho, AICP Chief of Land Development Revised on 4/06/15 E. Nunez / M. Fernandez 15-00065zc Page 3 of 3 Analysis for ZONING CHANGE File ID: 15-00065zc Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive ❑ ❑ ® Neighborhood Plan and does not require a plan amendment. ® ❑ ❑ b) The proposed change is in harmony with the established land use pattern. ® ❑ ❑ c) The proposed change is related to adjacent and nearby districts. ® ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ® ❑ ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ® ❑ ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ® ❑ ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ® ❑ ® ❑ ® ❑ ® ❑ ❑ h) The proposed change positively influences living conditions in the neighborhood. ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. 1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. CODE HISTORY DEEL REALTY, LLC 15-00065ZC PortalViolations „, Letters „,; Hearings Lot Clearing Comments Current H 8 Initiation Activities �„,,,Images „; To Do Lista Liens ,„..; Move Case H ContactsEl - e Case Initiation Property Information Address 2990 SW 36 CT Owner DEEL REALTY LLC Zone 36 Owner 2990 SW 36 CT Folio 0141160190800 Net ID CORAL WAY Registered Q Lot Registered 0 Case Information Case Number Status Where on Property? New case IaNc CE2015003997 Open All Requester 2010 Closed CE2011003503574 CE Closed Submit "-`°°e To Legal Folio CE2010014095 CE2010006271 Closed Closed '': Case Address Right of Way?E] 2990 SW 36 CT RepeatR1 Descriptior -- - 311 Submit Division) ---°o. "rOfO—rt Received Mar 24, 2015 In Processl Code Enforcement NOV Service Date Mar 24, 2015 Closed Date Source IAnonymous First Inspection Mar 24, 2015 Daily Per Request Typel Case Last Completed Mar 24, 2015 Complaint No Certificate of use/No Occupational License Prioritjj 1 Inspecto Juky Ann Jones Refer Submit 2eicr Override the Geo Inspector Entered by JLindo on Mar 24, 2015. Violations 2107 - Parking on unimproved surfaces 2108 - Outside Sorage of Miscellaneous materials,equipment, and ordebris 2110 - No certificate of Use 91 15 - Nnncnmforminn Parkinn l nt Search By: I Case Street Number Name Type Number Equal to: 2990 Street Name Is exactly: 36 Street type (AC, AV, "RD, BLVD, BLWY, CIR, PKWY, PL, PLZ, RD, ST, STRD, TER, TRL, WAY ct CSWY, CT, CT11% DR, HWY, LA, LN, WY) Is exactly: http://lmprodOl/cityviewweb/ceinitiation_Case_Initiation_alt.aspx?_ufps=839218[3/25/2015 7:52:24 AM] v6ul`S 0 tj Improd0l r a _emit aticn Ca --se In *i_ticn File Edit Vieoi Favorites Tools Help Portal !---j Violations I Letters j_ -I Hearings i Initiation Activities f Images I .... , To Go List s_ Property Information Address2990 `:1-1` 35 CT Zone 36 Fo'41160190a00 Registered 7] Lot Registered Of AAarni Lot Clearing C:) Comments Current Page Liens 0 R1G e Case 0 Contacts Case Initiation - - Owner f dEEL REALTY LLC Owner Address 2990 SU'4 36 CT Net ID CGRAL WAY Case Information, Case, Number Status Where on Property? 082013012148 Clos® �- Acid Requester CE2011003574 Closed CF7010014095 Closes (Nave To Legal Folia CE2010006271 Ckzsed Case Address x2990 S%N 36 CT Description I 3111 Tracking, Division Code Enforcement Received rMar 24, 2015.In Compliance jApr 02, 2015 Process Code Enforcement NOV Service Date rMar 24, 2015 � Closed Date �r 02, 20151 Source Anonymous � First Inspection Mar 24, 2015 Daily Per Diem Request Type Cage; Last Completed Activity [—M 30, 2015 Complaint Ty No Certificate of lfse/No C+ccupational License Priority 1 lnspectar ]inky Ann ]ones + Refer To I Refer Override the Gen Inspector assignment Entered by JLindo on filar 24, 2015. Right of Way? Repeat Offence? Violations 2108- Outside Sorage of Miscellaneous materials,equipment, and ordebris 2110 - NG certificate of Use 2115 - Noncomforming Parking Lot Search Ely: Case Street Number fame Type Number Equal to: 2 MIAMI 21 ZONING MAP (PROPOSED) 0150 300 600 Feet L I i I i I I i ADDRESS: 2990 SW 36 CT VMS Vp 0150 300 600 Feet L I i I i I I i ADDRESS: 2990 SW 36 CT MIAMI 21 ZONING MAP (EXISTING) 0150 300 600 Feet I I I I I ADDRESS: 2990 SW 36 CT • MIMI . • • "\\ STATION 0150 300 600 Feet I I I I I ADDRESS: 2990 SW 36 CT 0 150 300 600 Feet I I I I I I I I I ADDRESS: 2990 SW 36 CT �rUyl..O.R 19-; Miami Planning, Zoning and Appeals Board File ID 15-00065zc April 15, 2015 Item PZABA Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL 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 FROM T3-0 "SUB- URBAN TRANSECT ZONE OPEN" TO T4 -L "URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2990 SOUTHWEST 36TH COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. David Young the motion passed and was adopted by a vote of 7 0: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Charles A. Gibson Ms. Maria Beatriz Gutierrez Dr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pina Ms. Melody L. Torrens Mr. Manuel J. Vadillo Mr. David H. Young Fr ci co Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Absent Yes Yes Yes Absent Yes Absent Yes Absent Yes Absent Yes 4) 17 l' Execution 'bate ' Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF ✓1 ( 2015. , �D11�� 2(2w r 11( i) Print Notary Name Notary Public State of Florida Personally know C�< or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: ++lNyN VANESSA MY COMMISSIOpx EXPIRES; Ju4Bndd Thru Notary EXHIBIT "A" Address: 2990 SW 36 Court, Miami, FL Folio No.: 01-4116-01.9-0800 Legal: Lot 8, Block 13, Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, Page 206, of the Public Records of Miami -Dade County, Florida