Loading...
HomeMy WebLinkAboutSubmittal-Wendy Stephan & Elvis Cruz-Documents in Opposition of Land Use & Zoning Changeu C� Land Use & Zoning Change on NE 42 Street In the Buena Vista East Historic District Items PZ.1 and PZ.2 Miami City Commission Thursday, June 11, 2015 Packet of Public Documents Table of Contents 1. Table of contents 2. Miami 21, section 7.1.2.8 c 3. Zoning Analysis from Planning Dept, page 3 4. Lack of zoning criteria from Francisco Gonzalez, Zoning Plans Examii 5. Miami 21, section 7.1.2.8 a 6. Miami 21, Intent and Conservation Goals 7. Zoning Analysis Checklist 8. Comp Plan HO 1.1.8, analysis from 1725 NW 18 Street 9. Map of Proposed Zoning Change to Cl 10. Map of proposed Future Land Use 11. 3rd DCA definition of Spot Zoning, Bird -Kendall case 12. Spot Zoning, 2240 SW 13 Ave (15-00057zc, 3/18/15 pg 6) 13. Spot Zoning, 2240 SW 13 Ave (15-00057zc, 3/18/15 pg 4) 14. Spot Zoning, 1725 NW 18 Street (15-00089zc, pg 3) �5- 040�PIv f�bm►t l - W��du kpR(An Gnd 0Iq0l _zC ir1 tend USe Submitted into the public record for items) r on Jo • I I ' 1 City Clak E Ivi f Cruz- tn(� m- n+ s Grid Zoni nr CIVn�_e 0 LJ�z MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 `The Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity. b. The Miami 21 Code may be amended by amending the Miami 21 Atlas or by amending the text of this Code. 1. Miami 21 Atlas amendments (also referred to as a "rezoning", including Special Area Plans) may only be applied for at two times of the year, which times shall be set yearly by the City Commission. A rezoning to a CS Transect Zone, and any rezoning initiated by the City shall be exempt from the twice yearly schedule. The Planning, Zoning and Appeals Board shall make recommendations to the City Commission for such amendments to the Miami 21 Code. 2. Every two years, the City may conduct a comprehensive review of the Miami 21 Atlas to evaluate the development direction of the City's neighborhoods and determine if additional amendments are appropriate. 3. Amendments to the text of the Miami 21 Code (including tables and diagrams) may be made only upon application of a city official and may be considered at any time during the year. c. Applications for rezoning (Miami 21 Atlas amendment). 1. Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street. Applications for rezoning may be made by: (a) The City Commission; (b) The Planning, Zoning and Appeals Board; (c) Any other department, board or agency of the City; (d) Any person or entity other than those listed in (a) through (c), above, provided that only the owner(s) or their agent(s) may apply for the rezoning of property. 2. Applications for rezoning made pursuant to (d) above shall be made on an application form as provided by the City which shall require, at a minimum, the following information: (a) Location of the property, including address and legal description (b) Survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application, including acreage. (c) Affidavit and disclosure of ownership of all owners and contract purchasers of the property, including recorded warranty deed and tax forms of the most current year. For corpora- tions and partnerships, include articles of incorporation, certificate of good standing, and authority of the person signing the application. Non-profit organizations shall list members of the Board of Directors for the past year. (d) Certified list of owners of real estate within five hundred (500) feet of the subject property. (e) Present zoning of the property and Future Land Use designation of the property. (f) At least two photographs that show the entire property. (g) An analysis of the properties within a one-half mile radius of the subject property regarding the existing condition of the radius properties and the current zoning and Future Land Use designations of the radius properties. The analysis shall include photos of Building eleva- Submitted into the public record for item(s) n. I , 172,. 2 vU.29 on _� ' I I I S City Clerk ff 0 0 3 promoted to accommodate a diverse range of building types at locations suitable for increased intensity and diversification of land uses to encourage mixed residential and design/commercial space and multiple use developments, particularly live -work environments, as a primary objective." While no longer valid, the character created by the SD -8 designation primed this area to evolve into a Special Area Plan (SAP) under Miami 21. The two parcels of the subject site fronting NE 418t Street are currently a part of the MDDRS SAP. The intent of this SAP is as follows; "To guide the design, construction and management of a new retail pedestrian street and its surrounding city streets in the Design District to ensure a high quality, mixed use, pedestrian experience... The Building Fagade lines of the Miami Design District Retail Street SAP are drawn to support the continuity of the existing Design District street wall, to form the sequential character of the pedestrian street experience, and to give store tenants appropriate space distribution and visibility." The applicant has requested the portion of the subject site currently within the MDDRS SAP (the two parcels fronting NE 411t Street) be removed from SAP through a subsequent amendment. However, the character and scale of NE 41st Street has been established through its inclusion in SD -8 and its inclusion in the SAP. Thus, the surrounding context has been taken into account during the analysis of this proposed zone change. This proposed zoning change is intended to accommodate a contemporary art museum and a sculpture garden. This use is appropriate in the context of the Design District, and with proper treatment, can be appropriate abutting a single family neighborhood. The application as presented rezones the portion of the subject site fronting NE 42nd Street from T3 -L to T4-0, and the portion of the subject site fronting NE 41st Street from T4 -L with Miami Design District Retail Street SAP overlay to T5-0. This requested rezoning is successional as required by Article 7, Section 7.1.2.8 (a) 3. While the applicant can accommodate an art museum and sculpture garden with the proposed zoning, City of Miami Planning Staff are recommending that the entire subject site be rezoned to Cl, The Civic Institution (CI) zoning category is defined in Miami 21 as "a zone with uses primarily dedicated to Functioning for community purposes such as, cultural, educational, environmental, governmental, public transit, public parking and religious facilities." The applicant agrees that this is a more appropriate zoning designation. The applicant would have applied for this zoning designation, however it is not an extension of an existing transect zone, the subject site is not a cumulative forty thousand (40,000) square feet, and it does not have two hundred (200) square feet of street frontage on one (1) street. Planning Staff is recommending Cl for several reasons. The proposed use of a contemporary art museum would be better suited to the definition and intent of the Civic Institution zone, included above. This zoning designation is more appropriate for the proposed underlying Future Land Use Designation of Major Institutional, Public Facilities, Transportation, and Utilities. Additionally, rezoning to Cl instead of T4 -0/T5-0 will trigger the exception process for the contemporary art museum use rather than a Warrant. This will require the project to undergo additional analysis, come before the PZAB, and receive additional public input. This also changes the noticing requirements for the use; With a Warrant, all abutting property owners are noticed, and with an Exception, all property owners within 500 -feet are noticed. Pursuant to Article 7, Section 7.1.2.8 (a), it is a requirement that the proposed zoning change shall maintain the goals of Miami 21 torep serve neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. By recommending a rezoning to Cl, a zoning designation will be introduced that is neighborhood enhancing, rather than neighborhood File -Id. 15-0006LU Submitted into the public Page 3 of 4 record for item(s) ,P.. ► + P on I 1 L_ City Clerk Submitted ilfthe public record for itM(s) on 1 15 City Clerk intruding. The only residential use permitted in CI is's Dormitory, minimal commercial uses are permitted, and every use permitted in Cl requires an Exception. CI also effectively addresses transition in areas of Intensity, Density, Building Height, and Scale. This is regulated in Article 5, Section 5.7.2.4 (a); Any property located within a CI Zone may be developed according to the regulations of the most restrictive Abutting Transect Zone with all Frontage Setbacks considered a minimum," and Section 5.7.2.4 (b), "Development in a Cl Zone shall follow the regulations of the Abutting Transect Zone, except that Height restrictions shall be as follows:... A Cl Zone predominantly abutting T3 or T4, shall be developed to no more than the maximum Height allowed by T5." Thus, Cl is a more desirable designation with regards to both the intent of Miami 21 and maximization of public input. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends denial of the proposed zoning change as presented, but recommends approval of the proposed zoning change with the condition that the entire subject site be rezoned to Cl. Christopher Brimo Chief of Land Development J. Eisenberg File Id. 15-00406LU Page 4 of 4 Subned into the public record for item(s) 2-� JI/ on City Clerk Gonzalez, Francisco From: Gonzalez, Francisco Sent: Tuesday, February 17, 2015 11:38 AM To: 'Tony Recio (TRecio@wsh-law.com)' Cc: Hegedus, Irene S. Subject: 53-61 NE 41 St and 50-68 NE 42 St. Good morning Tony, Please note that your rezoning application for the above referenced properties from T3 -L and T4-0 to Civic Institution (CI), do not meet the rezoning criteria of Article 7 Section 7.1.2.8.c, as follows: The proposed lots zoned T3 -L & T4-0 are not extensions of an existing transect zone Cl. The proposed lots T3 -L & T4-0 to be rezoned only total approximately 28,125 square feet, which is less than the 40,000 square feet of minimum land area. The proposed lots T3 -L & T4-0 to be rezoned only total approximately 150 lineal feet of street frontage on one (1) street, which is less than the 200 lineal feet minimum of street frontage on one (1) street. Therefore, your submitted package is ready for pickup in my office at your earliest convenience (the sooner the better). Regards, Francisco R. Gonzalez Zoning (Plans (Processor (Department of (Planning and--oning OT (305) 416-1489 Ea.� (30S) 416-1490 fgonzalez@miamigmv corn 0_e� VA,_ SPlf/ i • MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORM ITIE AS ADOPTED - MAY 2015 Submitted into the public record for item(s) t { 2 7.1.2.8 Amendment to Miami 21 Code on (,-w)5 City Clerk a. Successional Zoning. The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. All changes shall maintain the goals of this Code to preserve Neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. 1. When a Cl zoned property ceases to be used for Civic functions, the successional rezoning is determined by identifying the lowest Intensity Abutting Transect Zone, and rezoning to that Zone's next higher Intensity Zone. 2. For a property of nine (9) acres or more, a successional change shall require a Special Area Plan as described in Article 3. 3. For all successional zoning changes of less than nine (9) acres, refer to the table below. TRANSECT ZONE FLR SUCCESSIONAL ZONE FLR T1 -- T1 -- T2 -- N/A -- T3 -- T4, CI -- T4 -- T5, Cl -- T5 -- T6-8, Cl 6 T6-8 5 T6-12. CI 8 T6-12 8 T6 -24a, Cl 7 T6 -24a 7 T6 -24b, CI 16 T6 -24b 16 T6 -36a, Cl 12 T6 -36a 12 T6 -60a, Cl 11 T6 -48a 11 T6 -60a, CI 11 T6 -60a 11 T6 -60b, Cl 18 T6 -48b 18 T6 -60b, CI 18 T6 -36b 22 T6 -60b, Cl 18 T6 -60b 18 N/A, Cl -- T6-80 24 N/A, CI -- CI -- Abutting Zones CI -HD 8 T6-24 7 D1 -- T6-8*, T5, Cl, D2 5 (T6-8)* or all others D2 -- D1, CI -- D3 -- T6 -8L, T6-8 O, CI -- V11.28 0 MIAMI 21 AS ADOPTED - MAY 2015 2.1 PURPOSE AND INTENT 2.1.1 Title and Purpose 2.1.2 • WK., 91WHOUR Submitted into the public record for items) P -?-.I, 12a-2- on a-2on ( • ) l -1 5 City Clerk a. This Code shall be known as the Miami 21 Code of the City of Miami, Florida. This Code is de Glared to be in accord with the Miami Comprehensive Neighborhood Plan, as required by the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et seq., Florida Statutes (the "Comprehensive Plan"). A primary purpose of this Code is to implement the Comprehensive Plan. b. It is further the purpose of the Miami 21 Code to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City and to provide a wholesome, serviceable, and attractive community, including without limitation protection of the environment; conservation of land, energy and natural resources; improved mobility; more efficient use of public funds; greater health benefits of a pedestrian environment; historic preservation; provision of recreational and open spaces; reduction of sprawl; and improvement of the built environment and human habitat. c. To further the goals and objectives of the Comprehensive Plan and the purpose of this Code, the City is divided into Transect Zones ("T -Zones") of such number, characteristics, area, common unity of purpose, adaptability, or use as will accomplish the goals and objectives of the Compre- hensive Plan and this Code. Intent The Miami 21 Code is intended to advance the interests of both conservation and development while responding to the existing conditions of the City, its regional context, and its natural features, infrastructure and Buildings. a. The conservation goals include: 1. Preserving Neighborhoods, Historical Resources and the natural environment 2. Improving the relationship between low Density Residential neighborhoods and adjacent Commercial Corridors with appropriate transitions of Density and Height following the theory of the Transect 3. Increasing access to the natural environment through the Baywalk, the Riverwalk, the north -south Greenway, and new Parks 4. Conserving energy and reducing carbon dioxide emissions through improved Thoroughfare connectedness to encourage walkability, bicycling and transit use 5. Increasing tree canopy 6. Encouraging green Buildings 11.7 Analysis for ZONING CHANGE --- ------------- --- -- - Submitted into the public File ID: 15-00406zc record for item(s) Yes No NIA. °n _LLU I � City Clerk ❑ ❑ 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. EJ N86,® 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. Maximum of 150 D.U_ per acre WEST: Duplex Residential Maximum of 18 D.U. per acre ANALYSIS s,.i►btlAinto the public record for item(s) i , Oil l I5 City Clerk Open T3-0; Sub -urban Transect Zone - Open The existing character, intensity, and density of the site and surrounding area are currently consistent with Duplex Residential. The MCNP Interpretation of the 2020 Future Land Use Map section indicates that the 'Duplex Residential" designation permits 18 dwelling units per acre and the `Low Density Restricted Commercial" future land use designation allows residential uses to a maximum density of 36 dwelling units per acre. Currently there is one (1) dwelling unit on the subject properties. The proposed amendment would allow for approximately fire (5) dwelling units, which are out of scale, density, and character with the surrounding single-family and duplex designated neighborhood. • A land use amendment at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications throughout this single- family and duplex designated neighborhood, changing the character of the neighborhood. - MCNP Land Use Goal LU -1(1) "encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods, (5) promotes the efficient use of land and minimizes land use conflicts". The proposed land use amendment could bring commercial and possibly higher intensity residential into a single-family and duplex designated neighborhood. Land Use Policy LU -1.1.3 "provides for the protection of all areas of the city from (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities". This change would break the uniform land use designations by encroaching too far into the single-family and duplex designated neighborhood. The proposed amendment is out of scale in regards to intensity, density, and height as it pertains to this neighborhood. MCNP Housing Policy HO -1.11, states "the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. The proposed amendment is out of scale in regards to density and height as it pertains to this single-family and duplex designated neighborhood. • MCNP Housing Policy HO -1.1.8 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. The subject proGerties and the surrounding area is a well-established residential neighborhood. 17 5 A," /.0. -Tree r /s-000??L v /0y 3 Subnod into the public recorT or item(s) P___1 T P ;� 7 on - City Clerk MIAMI 21 ZONING MAP (PROPOSED BY STAFF) 0 150 300 600 Feet I i i I i i i I ADDRESS: 53-61 NE 41 STAND 50-68 NE 42 ST i ills nn MEN NW 44TH ST oil NNW OrdW 1 X13PIP 0 150 300 600 Feet I i i I i i i I ADDRESS: 53-61 NE 41 STAND 50-68 NE 42 ST Submitinto the public !Q record foritem(s) P2-•1 on 6 -WI City Clerk FUTURE LAND USE MAP (PROPOSED) NW 45TH ST ►1t NW 42ND ST Single; Family L Residential NW 40TH ST NE 45TH ST NE 44TH ST a !a NE 43RD ST do ajor Instituional Public Facilities ix Transportation & � Utilities NE 42ND ST w Duplex -I a Residential General aCommercial 2 NW41STST Iz NE 40TH ST NE 39TH ST NE 45TH ST NE 44TH ST M�-~ .z U y a E C V1 E - N NE 43RD ST V -a .V_ w Medium Density Restricted Commercial r LU z 0150 300 600 Feet I I i I I ADDRESS: 53-61 NE 41 STAND 50-68 NE 42 ST ".1 2 Submitted into the public • recor item(s) on City Clerk The extent of the violation of this principle is so pronounced in this case that the s term "spot zoning" does not do it justice. Perhaps "melanoma zoning" or, for short, "melazoning" would be more appropriate. The court's decision came only on rehearing granted after it had first reversed the resolution. The initial opinion by Judge Miller correctly states: Appellants, BIRD KENDALL HOMEOWNERS ASSOCIATION, INC., and RICHARD STILL, contend that the METRO DADE COUNTY BOARD OF COUNTY COMMISSIONERS, the Appellee, permitted illegal spot zoning and that its decision constituted unlawful contract zoning. We agree. This court's standard of review for zoning cases requires us to determine whether the Appellee accorded the appellants due process, observed the essential requirements of the law and supported its decision with substantial competent evidence. Board of County Commissioners of Brevard County v Snyder, 627 So.2d 469 (Fla. 1993). In Snyder, the Supreme Court adopted a strict scrutiny standard for quasi- judicial review of rezoning orders to determine whether the requested rezoning is consistent with the comprehensive development master plan and complies with all the procedural requirements of the zoning ordinance. Turning now to the central issue on appeal, we address whether appellees' actions constituted spot zoning. The definition of spot zoning is well established: Spot zoning is the name given to the piecemeal rezoning of small parcels of land to a greater density, leading to disharmony with the surrounding area. Spot zoning is usually thought of as giving preferential treatment to one parcel at the expense of the zoning scheme as a whole. Southwest Ranches Homeowners Assoc. v Broward County, 502 So.2d 931, 935 (Fla. 4th DCA 1987). Further, the Third District Court of Appeal detailed " spot zoning as: [A] rezoning which creates a small island of property with restrictions on, its use different from that of surrounding properties -solely for the benefit of a particular property owner. City Commission of the City of Miami v Woodlawn Park Cemetery Co., 553 So.2d 1227, 1240 (Fla. 3d DCA 1989). In characterizing the elements of spot zoning, a spot zoning challenge typically involves the examination of the following: 1) the size of the spot; 2) the compatibility with the surrounding area; 3) the benefit to the owner and 4) the detriment to the immediate neighborhood. Parking Facilities, Inc. v City of Miami Beach, 88 So.2d 141 (F1a.1956) and Dade County v Inversiones Rafamar S.A., 360 So.2d 1130 (Fla. 3d DCA 1978). This case involves a 4.24 acre parcel of land zoned AU which is smaller than the 5 acre gross area minimum required in an AU zone. Appellee rezoned .23 QQn^"no ^-C +1,o »rC%n»ns��� n?r T1tIA »nrnn»+ of 41,n »rn»nrh/� to n DTTQI ntnnni�nntin» 4 75' So. 2d 109 JrJ DCA glyd- �Ci�da �i k*374P lod i C1t ttof- Miami ing and Zoning Department an'of Land Development SubmitteVfnto the public / record fr items) P2 � l 1 O�r2 on City Clerk ' Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (Cont.. it COMMUNITY SUO)ORT FACILITY INFRASTRUCTURE AND UTILITIES MARINA PUBLIC PARKING TRANSIT FACILITIES EbrUC-Atl6NAL CHILDCARE ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL CONCLUSION: R L Q R L O, ME M IBM MEEm©© ©©© ©©© M■■©©© OMNI ■©© MEN m©© 'MEN ME ENE BE man DD ENE man an man man MENINEM MEMENEM The Department of Planning and Zoning recommends denial of the applicant's request for a change of zoning. The proposed change of zoning is an intrusion of a higher density and intensity, as well as a higher variety of uses in a well-established residential neighborhood. As such, the proposed request would result in spot zoning as there is no T4-0 adjacent to the property. Furthermore, there is no project or covenant associated to this rezoning request showing intent to mitigate the impact associated with the requested rezoning. Staff finds the zoning request is inconsistent with the goals of the Miami 21 Code as the request is not compatible with the surrounding zoning districts nor provides an appropriate zoning transition. a yo sw 3 A 15-00057zc—/i8/•s� Page 6 of 7 • City of Miami Planning and Zoning Department Division of Land Development ANALYSIS: Submittedoo the public record for item(s) 2�� on h 11 l City Clerk The following is a review of the request pursuant to the rezoning criteria in 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 A rezoning 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. Analysis: The subject property is proposed for a successional up -zoning from T3-0 to T4-0 in a well-established neighborhood, however, the proposed rezoning will double the allowed density from 18 DU/acre in T3-0 to 36 DU/acre in T4-0. Even though the proposed rezoning provides a transition in height and intensity from SW 22nd Street to the south, this rezoning will result in an undesirable spot zoning altering the character of SW 22nd Terrace and to the duplex residential neighborhood to the south. Finding: The request is inconsistent with the goals of the Miami 21 Code Criteria Miami 21 Code, Section 2.2.5.8 Where boundaries occur within a parcel of land comprising more than one Lot, the Lots shall be developed separately according to the assigned Transect Zone Analysis: The subject parcel, parcel No.3 as identified in Table 1, currently provides a surface parking to serve parcels 1 and 2 located to the north. This use is not allowed under the current zoning classification and the City of Miami records does not show proof of permit issuance for the current use. Rezoning the subject property to T4-0 will result in spot zoning within a T3-0 neighborhood and will allow more intense uses such as, but not limited to, entertainment establishment, food service establishment, alcohol beverage service establishment, and general commercial. There is no project or covenant associated to this rezoning request. Finding: Staff finds the proposed zoning request to be inconsistent with the goals of the Miami 21 Code, as the request is not compatible with the adjacent zoning districts to the west and south. /3 Ave 15-00057zc — 3//8/1.1 Page 4 of 7 • Submitted i0the public record for item(s) PZ - � i P on �,- 11 • 1 5 City Clerk The proposed rezoning to T4 -L can function as spot zoning by introducing commercial uses within the residential zoned area and may set a precedent that could result in a domino effect of up -zoning to the west, changing the character of the residential zoned neighborhood. • Because the subject properties extend farther into the residential zoned neighborhood than any of the adjacent commercial properties, the proposed rezoning could adversely affect the residential zoned area by introducing incompatible uses within the neighborhood. • The change of zoning request is inconsistent with the goals of the Miami 21 Code as the request is not compatible with the surrounding zoning districts. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends denial of the proposed rezoning as presented. V�_� Christopher Brimo Chief of Land Development R. Shedd i 7c2,5- /V w / 8 S7'r if c7" is=aoo2C �0'5�3 Omitted into the public record for item(s)- a_-2 on City Clerk Submitted into the pu is - - record for item(s) on b 11 5 City Clerk NE 42 ST Park Petition This is a petition for a park that is being proposed by the neighborhood association. Norman Braman's Institute of Contemporary Art (ICA) has purchased three houses on NE 42 St (50, 58 and 68 NE 42 St). ICA wants to build a museum on NE 41 St. The project calls for the demolition of these three home. In order that ICA can incorporate a sculptured garden into the museum, the association is asking that ICA be required to have a 25 foot set back from the street in order that a residential park can be incorporated. It would include benches and a water fountain. Please indicate whether you are for or against such a park on our street. ( J Name �� !,A Z�OW E A ddss VC h �� Phone Number / (� c.6�/r El or Against + Date: Name��� Phone Numbe—�Z�— For ❑ or Against ,J �d Name1� —G�- � t t1 t7 ( S Phone Number / For ❑ or Against jj Name 54�d°�� Phone NumbeF3012---973`S'� For ❑ or Against lot Name 1 PC Phone Number , I ,U(O fio For ❑ or Against 5 ame (Phone Number �� '� For ❑ or Against f Name r Tfa-&�c Phone Number 5b\ 2Z-- 'For 0 or Against Address ❑ Signature Add ress P, Sig Z ei/.1 !;�— Ya- st Date: Date: ZOlS� Address ,---QD IP/Signatu Date: 7 l t� Address ®f Signature Date: Address �� � � � c"„ ,LI Signature Date: 5J 1 j Address 1V'- ' 05f `a Signature Date:_q, aoI5 Submitted into the public record for item(s) Pte. , P -t,- 2 - on on (O. ) I. 15 City Clerk NE 42 ST Park Petition This is a petition for a park that is being proposed by the neighborhood association. Norman Braman's Institute of Contemporary Art (ICA) has purchased three houses on NE 42 St (50, 58 and 68 NE 42 St). ICA wants to build a museum on NE 41 St. The project calls for the demolition of these three home. In order that ICA can incorporate a sculptured garden into the museum, the association is asking that ICA be required to have a 25 foot set back from the street in order that a residential park can be incorporated. It would include benches and a water fountain. Please indicate whether you are for or against such a park on our street. NameC-'- Phone Number %,( _5q2 -ggl For ❑ or Against Name Phone Number -0-,� VV,, , L�- - -3C�S�dy3 b For ❑ or Against Name Phone Number�� 2�`�_�'y�5For ❑ or Against Name �� rYY1 W V lIiI,�D ) Phone Number 611 99 For ❑ or Against Name/llY1�/i f Phone Number Address ' dR' Signature Date: �S �f ✓ Address l Sn� E Signature Date: Address ® Signatu Date: �fl 1S Address ML Signature �2 �� Z 5 Date: , Address For ❑ or Against T� Signature n_`75 Date: I� 1%/JA�nv Ov J`�T Name -,10�� � Ir�Vn � �''e�'_ Address Phone NumberFor ❑ or Against ® Signature Date: Name Address Phone Number % For ❑ or Against Ei Signature iS • 9 Submitted into the public record for item(s) 1 F?--. NE 42 ST Park Petition on ( - i i - 1S tity Clerk This is a petition for a park that is being proposed by the neighborhood association. Norman Braman's Institute of Contemporary Art (ICA) has purchased three houses on NE 42 St (50, 58 and 68 NE 42 St). ICA wants to build a museum on NE 41 St. The project calls for the demolition of these three home. In order that ICA can incorporate a sculptured garden into the museum, the association is asking that ICA be required to have a 25 foot set back from the street in order that a residential park can be incorporated. It would include benches and a water fountain. Please indicate whether you are for or against such a park on our street. Name S'�i `� ��' Address 1, +, Phone Number For For ❑ or Against V5- Signature Date: • �j Name Addr s Phone Number 7�G �57q�For ❑ or Against Signature Date: S r',S C172) Name Address Phone Number 2a'`��� For ❑ or Against d Signature + '� Date: 9 Name fTA'► i t ^N, nO Address .. Phone Number For ❑ or Against ff4-.- Signature Date: 10?Name \ uA Addres . -7 N t�'ZS `t` • 10?Phone Number For EJ Against M' Signature Date: ► , S Name rl r��% (�I`ds"ur' 7S. - ss Phone Number For ❑ or Againstnature �� Date: �-1 l f 5 0 Name �I{'N rV Add ess Phone Number For ❑ or Against Signature Date: NO Submitted into the public record for item(s) PZ 1, P2. 7 NE 42 ST Park Petition on U I I I 4�;- City Clerk This is a petition for a park that is being proposed by the neighborhood association. Norman Braman's Institute of Contemporary Art (ICA) has purchased three houses on NE 42 St (50, 58 and 68 NE 42 St). ICA wants to build a museum on NE 41 St. The project calls for the demolition of these three home. In order that ICA can incorporate a sculptured garden into the museum, the association is asking that ICA be required to have a 25 foot set back from the street in order that a residential park can be incorporated. It would include benches and a water fountain. Please indicate whether you are for or against such a park on our street. I - Name c 6,66on Address IVE yZhd sfreGf Phone Number Y�5 573-72.59 For El or Against L2/" Signatures ��ca�, Date: Name�Address Phone Numbers __For ❑ Or Against Name Phone Number o For ❑ or Against -F7 Signature Date: J r --) Address _ �►�• Signature oz-s� Name �(I S �' �'�-- Address Phone Number '"loOr ❑ Or AgalnSt Signature Date: OZ� Name: �h� Phone Number �73 `7�t For �Z- or Against q 7 Name Phone Number r%5FCCor Against 02&- Name CSSI(L �Ir Phone Number 2� L\ For or Against Address ❑ Signature �-� Date: (Y4zqnE Address t�-� ,�D ,4 kik, �ra `- L�' Signature 0L "`te:� Address r /V �% L4 Zh �T ❑ Signature Date: • • Submitted into the public record for item(s) I on (n ) I � 1 S City Clerk • NE 42 ST Park Petition This is a petition for a park that is being proposed by the neighborhood association. Norman Braman's Institute of Contemporary Art (ICA) has purchased three houses on NE 42 St (50, 58 and 68 NE 42 St). ICA wants to build a museum on NE 41 St. The project calls for the demolition of these three home. In order that ICA can incorporate a sculptured garden into the museum, the association is asking that ICA be required to have a 25 foot set back from the street in order that a residential park can be incorporated. It would include benches and a water fountain. Please indicate whether you are for or against such a park on our street. Name A ddss�����__ — Phone Number GB�0�7 D or Against Date: Name--� �T Gt �/.� Address Phone Number 7-% -q�'731f� For ❑ or Against K Signature Date: 05-3'!vr Name 1i b►N`rb (QKU iL-1- \; Address �� /,Jy Z S�j HI��fl 1 3�1�% Phone Number �gb �DO Z,3� For ❑ or Against Signature Date: 5-y_Zo�S Name Address Phone Number For ❑ or Against ❑ Signature Date: Name Address Phone Number For ❑ or Agi3inst ❑ Signature Date: Name Phone Number Name Phone Number Address _ For ❑ or Against ❑ Signature Address _ For ❑ or Against ❑ Signature Date: Date: r Submitted into the public record for item(s) NE 42 ST Park Petition on 1, 11 1I City Clerk This is a petition for a park that is being proposed by the neighborhood association. Norman Braman's Institute of Contemporary Art (ICA) has purchased three houses on NE 42 St (50, 58 and 68 NE 42 St). ICA wants to build a museum on NE 41 St. The project calls for the demolition of these three home. In order that ICA can incorporate a sculptured garden into the museum, the association is asking that ICA be required to have a 25 foot set back from the street in order that a residential park can be incorporated. It would include benches and a water fountain. Please indicate whether you are for or against such a park on our street. Name Address Phone Number For ❑ or Against ❑ Signature Date: Name Address Phone Number For ❑ or Against ❑ Signature Date: Name Address Phone Number For ❑ or Against ❑ Signature Date: Name Address Phone Number For ❑ or Against ❑ Signature Date: Name Address • Phone Number For ❑ or Against ❑ Signature Date: Name Address Phone Number For ❑ or Against ❑ Signature Date: Name Address Phone Number For 0 or Against 0 Signature Date: