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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResolutionCity of Miami I, a�aP„ Planning and Zoning Department fi; is ss ._..� Division of Land Development ANALYSIS FOR CHANGE OF ZONING FILE ID: 15-00057zc APPLICANT: David J. Coviello, on behalf of 1300 Coral Brickell LLC (the "Owner") PROJECT ADDRESS: 1300, 1312 SW 22nd Street, and 2240 SW 13th Ave. ZIP: 33145 NET OFFICE: Coral Way COMMISSION DISTRICT: District 3 GENERAL INFORMATION: REQUEST: Pursuant to 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 Transect Zone -Open" to T4 -L "General Urban Center Transect Zone". The subject property is located within the Coral Way NET area. "Although the Property in its entirety is included for purposes of the Application, only the portion of the Property with an address of 2240 SW 13th Avenue (the "Subject Parcel") is being proposed for a comprehensive plan amendment and rezoning"'. The subject parcel is a corner lot approximately 0.344 acres, located on the southeastern corner of the block bounded by SW 21 sl Terrace to the north, by SW 131h Avenue to the east, by SW 22nd Terrace to the south and by SW 14th Avenue to the west. (Complete legal description is on file with the Hearing Boards Section). BACKGROUND: The subject property (identified in Table 1 as parcel # 3) was previously zoned R-2 "Two - Family Residential" under Zoning Ordinance 11000 and was subsequently rezoned on April 2010 under Miami 21 to Urban Transect Zone "73-0", keeping the character of the area to the south of SW 22nd Street. This rezoning and the associated FLUM amendment were continued on PZAB meeting of March, 15, 2015, and deferred on the PZAB meeting of April 15, 2015 to allow the applicant more time to work with the neighbors on their proposal to the area. Although the proposal for the project encompassing the three properties was modified from 61 to 57 total residential units, subject to a site plan tied to a restrictive covenant that was voluntarily proffered by the applicant, it should be noted that this application is related only to the rezoning of the property located at 2240 SW 13 Avenue. 1 Taken from the applicant's letter of intent, dated on 1/15/15. City of Miami Planning and Zoning Department * IIC.......... Division of Land Development The subject parcel currently provides a surface parking to serve the two other parcels to the north, designated T6-8-0, which are part of this request for application purposes only, as follow: TABLE 1. PROPERTIES: DESCRIPTION AND REQUEST NET DISTRICT OFFICE: Coral Way NET # Area Luc FLUM Zoning classification Folio Address , Req'd Sq ft + Acre Current Proposed Current Proposed 1 0141390072520 1300 SW 22nd Street 12,519 .287 No Restricted No Change T6-8-0 (Urban Core No Change Commercial proposed Transect Zone - Open) proposed 2 0141390072530 1312 SW 22nd Street 5,850 .134 No Restricted No Change T6-8-0 (Urban Core No Change Commercial proposed Transect Zone - Open) proposed Duplex Low Density T3-0 (Sub -Urban T4 -L (General 3 0141390072531 2240 SW 13th Ave 14,976 .344 Yes Residential Restricted Transect Zone -Open) Urban Transect Commercial Zone - Open) - Total 33,345 .765 - - - - City of Miami Planning and Zoning Department Division of Land Development i� COMPREHENSIVE PLAN: ' The subject parcel is zoned T3-0 matching with the surrounding zoning designation to the West and South, conforming a well-established duplex residential neighborhood. The requested zoning designation of T4 -L is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of Duplex — Residential, which for the purposes of this request requires for a FLUM amendment. As such the applicant has submitted a companion item identified with the file ID No. 15-00057lu with the correspondent request to amend the land use designation for the subject parcel. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T3-0 (Sub -Urban Transect Zone - Open) Surrounding Properties NORTH: T6-8-0 (Urban Core Transect Zone - Open) EAST: T6-8-0 (Urban Core Transect Zone - Open) SOUTH: T3-0 (Sub -Urban Transect Zone - Open) WEST: T3-0 (Sub -Urban Transect Zone - Open) FUTURE LAND USE DESIGNATION Duplex - Residential Maximum of 18 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Duplex - Residential Maximum of 18 D.U. per acre Duplex - Residential Maximum of 18 D.U. per acre 15-00057zc Page 3 of 7 City of Miami Planning and Zoning Department Division of Land Development ANALYSIS: x t The following is a review of the request pursuant to the rezoning criteria in Article 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report incorporated into the analysis and its corresponding criteria by reference: Criteria 7, Section is hereby 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 -L in a well-established neighborhood. The proposed rezoning provides a transition in height and intensity from SW 22nd Street to the south and to the west, this rezoning will allow a density increase on SW 22nd Terrace form 18 to 36 DU/acre. Finding: The request creates a transition in density and intensity which is consistent 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. Even though the use has been happening for decades, it 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 -L will allow more intense uses such as, but not limited to, entertainment establishment, food service establishment, alcohol beverage service establishment, and general commercial. Mitigation Proposed: The applicant voluntarily proffered a site plan and a restrictive covenant as part of this application, with the purpose to mitigate any potential negative effect associated to this request. Finding: Staff finds the proposed rezoning, within the parameters of the restrictive covenant, to be consistent with the goals of the Miami 21 Code. 15-00057zc Page 4 of 7 City of Miami Planning and Zoning Department Division of Land Development In regards to the uses allowed, "Tablet. Excerpt of Article 4 Table 3 of Miami 21 Code" shows how the new uses will impact the surrounding area with the proposed rezoning. Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code � INCORP10RATEU� 1s go T3 T4 DENSITY UNITS PER AC 19 19 118 1 36 361 36 RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK ME IME 00a 0a 00m WM mam 0�HIM MEM 0m0 MEM 0m0 ■■M ■©© 00m 0m0 MEM EMB wereerk N MMM�E� BED & BREAKFAST MEM Eno MMI IME0 ICOMMERCIAL ENTERTAINMENT ESTABLISHMENT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL CIVIC COMMUNITY FACILITY WW RECREATIONAL FACILITY E E E E R R RELIGIOUS FACILITY E E E E R R 15-00057zc Page 5 of 7 City of Miami Planning and Zoning Department Division of Land Development 011. Excerpt of Article 4 Table 3 of Miami 21 RP gRATEU� 18 g6 CIVIL SUPPORT IM COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MARINA PUBLIC PARKING TRANSIT FACILITIES EDUCATIONAL CHILDCARE ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL CONCLUSION: Code (Cont...) T3 MENMEM � WWW MEN ©©© SME ©©© ■■■ ■o© MMMM E©© MENMEM MEN ©©© ©©© ©©© SME ■o© ©©© an ©©© ©©© ■■■ mom MEM NE© The application is for the rezoning of the property located at 2240 SW 13th Avenue, which has been used, traditionally as surface parking lot for the properties located to the north of the subject parcel, and identified by their address commonly known as 1300 and 1312 SW 22 Street. To mitigate the potential impact of the requested rezoning on the subject property, the applicant voluntarily proffered a restrictive covenant tied to the land, limiting the development as described in Table 3. Even though the requested rezoning does not match with the surrounding zoning classification, the T4 will fit as a transitional transect zone North-South and East-West; this transition will be only in height, given that the Restrictive Covenant voluntarily proffered by the applicant that limits the density for the subject parcel to 18 DU/acre, which is the same existing residential density. It is timely to highlight that this rezoning, if granted, does not imply approval of the site plan associated and tied to the covenant. Any proposal to the site has to be reviewed and approved by the city of Miami and comply with all applicable regulations of the agencies involved in said approval. 15-00057zc Page 6 of 7 City of Miami Planning and Zoning Department Division of Land Development Table 3: Impact of the rezoning to the subject property. The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning as limited by the Restrictive Covenant associated to this rezoning. 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. C�Z�' Christoph r Brimo Chief of Land Development 5/11/2015 S. Garrido 15-UQ©57zc Page 7 of 7 Existing Proposed FLUM CRITERIA Duplex Residential Low Density Covenant Restricted Comm. Density 18 DU/acre 36 DU/acre 18 DU/acre Commercial Not allowed Allowed None as per Activities plans on file ZONING CRITERIA Existing (T3-0) Proposed (T4 -L) Covenant Principal Building 2 Stories and 25 ft. to 3 Stories max. and 40 3 Stories max. _-i eave max i ft. to eave max and 40 ft. max Lot Coverage 50% 1s1 Floor 60% Max 60% Proposed The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning as limited by the Restrictive Covenant associated to this rezoning. 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. C�Z�' Christoph r Brimo Chief of Land Development 5/11/2015 S. Garrido 15-UQ©57zc Page 7 of 7 Analysis for ZONING CHANGE File ID: 15-00057zc 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. MIAMI 21 ZONING MAP (EXISTING) 0150 300 600 Feet ADDRESS: 2240 SW 13 AV V 21ST W a MIAMI 21 ZONING MAP (PROPOSED) iN 21ST-' I'm L" m � higgo" 'IN mo sm, IN Beautification \ Zon1. Master�P�lan ,a (, r w � lcvn F-7 SW 23RD ST S� PVE V 23RD TER s 1 T3 -R T4` T6 SW 21 ST ST 3: 22ND S' Coconut�Grove Neighborhoods Conservati� ,oR ..................... . 0150 300 600 Feet ADDRESS: 2240 SW 13 AV yt� J '.�*` rxue 1 lend Iwl:il Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-15-023 File ID 15-00057zc May 20, 2015 Item PZAB.2 Dr. Ernest Martin offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-0 "SUB -URBAN TRANSECT ZONE OPEN" TO T4 -L "GENERAL URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board considered the application, the staff report, and all evidence and testimony presented at the public hearing on May 20, 2015; and Upon being seconded by Ms. Jennifer Ocana Barnes, the motion passed and was adopted by a vote of 5-4: 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 ncisco..Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE Yes No No Yes Absent Absent Yes Yes No Absent No Yes 01 - f q 1-5— Execution Date 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 &"6DAY OF ' L'I't�— 2015. \f0/1,0 SSGt '"Tn_lLQ Print Notary Name Notary Public State of Florida Personally know or Produced I.D. My Commission Expires: Type and number ofl.D. produced .. Did take an oath or Did not take an oath C.:L d4q rbc VANESSATRUJILLO MY COMMISSION # FF 229944 %Af eo" Bonded TFh. NoSery Public UndOtwftoni Exhibit A Address: 2240 S.W. 13th Avenue, Miami, FL 33145 Legal Description: Lots 36 Thru 39, Block 60, Less the West 28 feet in Block 60, EAST SHENANDOAH, according to the Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida.