HomeMy WebLinkAboutSubmittal-Commissioner Carollo-Documents from Beba MannSubmitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
Summary of signed petition in favor of the land -use change at 2240 SW 13 Avenue
1.) ON Southwest 22 Terrace (5)
Signed by Homeowner (2)
Signed by Renter (3)
2) In the neighborhood (12)
Signed by Homeowner (9)
2 have rescinded
2 have a personal interest as investors
Signed by Renter (3) 3 l
3) North of Coral Way (35) T
Signed by Renter (25)
Signed by Property Owner (10)
4) Business on Coral Way (7)
5) NOT in area (2)
Total number of Petitions signed: 61�
Number of HOMEOWNERS signing Petition: 21
NOT North of Coral Way: 11
Number of RENTERS signing Petition: 31
Business and OUT OF AREA: 9
Total number of Petitions collected after the requested deferral: 55
15- DS -77G &NA Mann
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
Summary of petition against the land -use change at 2240 SW 13 Avenue
Signed petition against 50 (minus 6 duplicate 44)
1) ON Southwest 22 Terrace (25)
2) In the neighborhood (10)
3) North of Coral Way (9)
4) Business on Coral Way (0)
5) NOT in area (0)
Total number of Petition signed: 44
Number of HOMEOWNERS signing Petition: 43
NOT North of Coral Way. 34
Number of RENTERS signing Petition: 1
Submitted into the public
record for item(s) PZ. 7. PZ.8
on 01/28/2016, City Clerk
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"We need to work together to preserve our treighborhood'
United we can 1 lel 1 this continuous battle to keep our neighborhood residential!
Vizcaya Roads Homeowners Association, INC.
-President, Luis Herrera (786)312-7515
InF MMIFf"011 I M11
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MIKA
Submitted into the public
Record for item(s) PZ_ 8,p .9
on 22194L2 -01-s-, City Clerk
Fma
Submitted into the public
Record for item(s) PZ_ 8,p .9
on 22194L2 -01-s-, City Clerk
Fma
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"We need to work, together to preserve our neighborhood"
United we can WIN this continuous battle to keep our neighborhood residential!
Vizcaya Roads Homeowners Association, INC.
-President, Luis Herrera (786)312-7515
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Submitted into the. public
Record for item(s) PZ. 8. PZ.9
on 09124/2015 City Clerk j
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Submitted into the. public
Record for item(s) PZ. 8. PZ.9
on 09124/2015 City Clerk j
PETITION OPPOSING THE ZONING CHANGE FROM DUPLEX RESIDENTIAL
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TO LOW DENSITY RESTRICTED COMMERICAL
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To: City of Miami Mayor and Commissioners and Planning and Zoning Department
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File ID: 15-00057zc
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We, the undersigned property owners and residents that would be directly impacted, strongly oppose the approval of
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the requested cl inge of zoning classification from "Duplex Residential" to "Low Density Restricted Commercial"
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for the property cated at 2240 SW l3 Avenue, Miand, Florida.
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The applicant 5 •_ks to change the land use designation for the purpose of developing a garage for the mixed-use
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residential project at 1312 SW 22 Street and 1300 SW 22 Street. For the following reason we are opposing thep
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requested land use change:
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1. NOT ENOUGH PARKING
We have an increasing parking situation in the neighborhood as more duplex/condos are being built (4 cars
per lot). Most lots are 55 ft. wide — there just aren't enough parking spaces in the block to accommodate
the unit owners and their guests. The proposed building will have 61 units and 1.5 parking per unit. Where
will the guests or second car park? This area already has restrictive residential parking because of the
commercial businesses on Coral Way.
(".J 2. INCREASE IN TRAFFIC
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This small neighborhood is experiencing a surge in cut -through traffic due to the development on SW 27
Avenue, Coral Gables and the phone app that directs traffic to our area. We also experienced an increase in
U traffic when the Marbelia Condominium (31 Units) was built on Coral Way and 16th Court. This
neighborhood consist of short blocks and when you have over 1600 cars driving through on a daily basis, it
is creating a safety issue for the residents of the single family homes. Adding over 100 cars residing in the
u area will only create more of a hardship.
3. HEIGHT IS DETRIMENTAL TO THIS SMALL NEIGHBORHOOD
The current zoning is T6-8 and the applicant is proposing to build the maximum T8 and not a T6 (which
o would be more comparable to the T5 zoning on the east of 17th Avenue and Coral Way). By using this
zoning change the applicant will increase his blueprint to accomplish the development of a T8. A T8
a would dwarf the entire neighborhood at approximately 123 ft. in height (equivalent to I I -- 12 stories under
11000). Applicant should build without a land -use change.
4. The City of Miami Planning & Zoning Department recommended DENIAL.
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PETITION OPPOSING THE ZONING CHANGE FROM DUPLEX RESIDENTIAL
TO LOW DENSITY RESTRICTED COMMERICAL
To: City of Miami Mayor and Commissioners and Planning and Zoning Department
File ID: 15-00057ze
We, the undersigned property owners and residents that would be directly impacted, strongly oppose the approval of
the requested change of zoning classification from "Duplex Residential" to "Low Density Restricted Commercial"
for the property located at 2210 SW 13 Avenue, Miami, Florida.
The applicant seeks to change the land use designation for the purpose of developing a garage for the mixed-use
residential project at 1312 SW 22 Street and 1300 SW 22 Street. For the following reason we are opposing the
requested land use change:
I . NOT ENOUGH PARKING
We have an increasing parking situation in the neighborhood as more duplex/condos are being built (4 cars
per lot). Most lots are 55 ft. wide — there just aren't enough parking spaces in the block to accommodate
the unit owners and their guests. The proposed building will have 61 units and 1.5 parking per unit. Where
will the guests or second car park? This area already has restrictive residential parking because of the
commercial businesses on Coral Way.
INCREASE IN TRAFFIC
This small neighborhood is experiencing a surge in cut -through traffic due to the development on SW 27
Avenue, Coral Gables and the phone app that directs traffic to our area. We also experienced an increase in
traffic when the Marbella Condominium (31 Units) was built on Coral Way and 16th Court. This
neighborhood consist of short blocks and when you have over 1600 cars driving through on a daily basis, it
is creating a safety issue for the residents of the single family homes. Adding over 100 cars residing in the
area will only create more of a hardship.
3. HEIGHT 1S DETRIMENTAL TO THIS SMALL NEIGHBORHOOD
The current zoning is T6-8 and the applicant is proposing to build the maximum T8 and not a T6 (which
would be more comparable to the T5 zoning on the east of 17th Avenue and Coral Way), By using this
zoning change the applicant will increase his blueprint to accomplish the development of a T8. A T8
would dwarf the entire neighborhood at approximately 123 ft. in height (equivalent to 1 1 — 12 stories under
11000). Applicant should build without a land -use change.
4. The City of Miami Planning &Zoning Department recommended DENIAL.,
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Submitted into the public
Record for item(s) pz. 8, pZ.9
on 09 24 2015 City Clerk
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Submitted into the public
Record for item(s) pz. 8, pZ.9
on 09 24 2015 City Clerk
PETITION OPPOSING THE ZONING CHANGE FROM DUPLEX RESIDENTIAL
TO LOW DENSITY RESTRICTED COMMERICAL
To: City of Miami Mayor and Commissioners and Planning and Zoning Department
File ID: 15-00057zc
We, the undersigned property owners and residents that would be directly impacted, strongly oppose the approval of
the requested change of zoning classification from "Duplex Residential" to "Low Density Restricted Commercial"
for the property located at 2240 SW 13 Avenue, Miami, Florida.
The applicant seeks to change the land use designation for the purpose of developing a garage for the mixed-use
residential project at 1312 SW. 22 Street and 1300 SW 22 Street. For the following reason we are onnosinthe
requested. -land use change:
1. NOT ENOUGH PARKING
We have an increasing parking situation in the neighborhood as more duplex/condos are being built (4 cars
per lot). Most lots are 55, ft. wide — there just aren't enough parkingspaces in the block to accommodate
the unit owners and their guests. The proposed building will have 61 units and 1.5 parking per unit. Where
will the guests or second car park? This area already has restrictive residential parking because of the
commercial businesses on Coral Way.
2. INCREASE IN TRAFFIC
This small neighborhood is experiencing a surge in cut -through traffic due to the development on SW.27
Avenue, Coral Gables and the phone app that directs traffic to our area. We also experienced an increase in
traffic when the Marbella Condominium (31 Units) was built on Coral Way and 16th Court. This
neighborhood consist of short blocks and when you have over 1600 cars driving through on a daily basis, it
is creating a safety issue for the residents of the single family homes. Adding over 100 cars residing in the
area will only create more of a hardship.
3. HEIGHT IS DETRIMENTAL TO THIS SMALL NEIGHBORHOOD
The current zoning is T6-8 and the applicant is proposing to build the maximum T8 and not a T6 (which
would be more comparable to the T5 zoning on the east of 17th Avenue and Coral Way). By using this
zoning change the applicant will increase his blueprint to accomplish the development of a T8. 'A T8
would dwarf the entire neighborhood at approximately 123 ft. in height (equivalent to 11 — 12 stories under
11000). Applicant should build without a land -use change.
4. The City of Miami Planning & Zoning Department recommended DENIAL.
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Submitted into the public
Record for item(s) PZ: 8, PZ.9
on 09/24/2015 City Clerk
Print -Full Le al Name
Address
Signature
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Submitted into the public
Record for item(s) PZ: 8, PZ.9
on 09/24/2015 City Clerk
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
"We need to work together to preserve our neighborhood'
United we can WIN this continuous battle to keep our neighborhood residential!
Vizcaya Roads Homeowners Association, INC.
-President, Luis Herrera (786)312-7515
Dear Neighbors,
The present petition to sign is for the re-zonification of 2240 SW 13th Avenue. We must
stand against this petition to rezone this residential area.
Everyone listed and signed below are against this petition to change the zoning
legalFull
•.. -Signature
MI UMMVAMA'���
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Submitted into the public
Record for Item(s) PZ. B. PZ.9
on 09/24/2015. City Clerk
Submitted into the public
record for item(s) R. 7. PZ.8
on 01/28/2016; City Clerk
• (1) I'm sure you all read the materials and noticed that this item went
before the PZAB three times
March 18 Continued
April 15 Deferred
May 20 Denial
• 2) The City removed the two most important reason why they were
denying this land -use change LU -1(1) and LU -1.1.3 (1)
• (3) They added Policy 1.3.15 and 1.4.3 which applies to the property on
Coral Way
• (4)After the first two PZAB meetings, why did the Planning Department
switch their position?
• (5) The final PZAB outcome was a denial, twice, even though a member
based her decision on personal opinion — even to go as far as to say "there
is traffic in my area too, this is Miami" - even with 3 members out they
couldn't pass it
• (6) A lot of the back -and- forth was based on the covenant. As you know, a,
covenant can be modified —the language of modification is also in the
covenant
• (7) The covenant has been modified to protect the City after the Planning &
Zoning switched position
• (8) "rhe property owner should build as of right. We welcome a new
building bn 69RAL K//A-
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
Planning, Zoning and Appeals Meeting Agenda May 20, 2015
Board
PZAB. AGENDA ITEMS (RESOLUTIONS)
PZABA A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
15-00057lu RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE
MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY LOCATED ATAPPROXIMATELY 2240 SOUTHWEST 13TH
AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW
DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank
Carollo - District 3]
APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell,
LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval. Item
includes a covenant. See companion File ID: 15-00057zc.
PURPOSE: This will change the land use designation for the above property
from "Duplex Residential" to "Low Density Restricted Commercial".
Attachments: 15-00057lu PZAB 5-20-15 Supporting Documentation. pdf
Leqislative History
3/18/15 ;Manning, Zoning and CONTINUED
Appeals Board
4/15/15 Planning, Zoning and DF-FERRED
Appeals Board
City of Miami Page 5 Printed on 511212015
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
EAST: Restricted Commercial
Maximum of 150 D.0 per acre.
WEST: Duplex Residential
Maximum of 18 D.0 per acre
ANALYSIS
T6-8-0 Urban Core Transect Zone
Open
T3 -O Sub -Urban Transect Zone
Open
• A land use change at this location may set a negative precedent and create a "domino effect'
in regards to future land use change applications throughout this neighborhood, which borders
a single family neighborhood.
• A change to Low Density Restricted Commercial is not a logical conversion and would change
the character of this corridor by introducing commercial uses and thereby impact the quality
of life for the single family residential 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 and (5) promotes the efficient use of land
and minimizes land use conflicts. This amendment request will increase conflicts because
the proposed designation will allow for an intrusion of commercial uses into a stable residential
neighborhood that could potentially create land use conflicts.
• MCNP Housing Policy HO -1.1.7 states the City will continue to control, through restrictions in
the City's land development regulations, large scale and/or intensive commercial and
industrial land development which may negatively impact any residential neighborhood and
will provide appropriate transitions between high-rise and low-rise residential developments.
The proposed change is out of scale in regards to density and height as it pertains to the
abutting single-family neighborhood.
The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Family
Residential" future land use category allows residential structures up to a maximum of 18
dwelling units per acre. The requested "Low Density Restricted Commercial" designation
allows density equivalent to "Low Density Multifamily Residential" or 36 dwelling units per
acre. This represents a potential increase in density that would be out of scale with the
surrounding areas to the south and west.
• The applicant has proffered a Restrictive Covenant to run with the land for the Zoning Change
request. Recital number two (2) of the Declaration of Restrictive Covenants limits the land use
density on eighteen (18) dwelling units per acre.
Land Use Policy LU -1.1.3 (1) provides for the protection of all areas of the City from (1) the
encroachment of incompatible land uses; and (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.
• MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results
in an increase in density or intensity of land use shall be contingent upon availability of public
facilities and services that meet or exceed the minimum Level of Services (LOS) standards
adopted in the Capital Improvements Element.
• The analysis is NOT based on a proposed project. The highest potential use is being
considered.
File Id. 1 7L
Page age 3 3 4 of 4
(/ V
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
City of Miami
.i'= Planning and Zoning Department
Division of Land Development
J'
MCNP Land Use Policy LU -1.1.7 states that land development regulations and policies will
allow for the development and redevelopment of well-designed mixed-use neighborhoods that
provide for the full range of residential, office, live/work spaces, neighborhood retail, and
community facilities in a walkable area and that are amenable to a variety of transportation
modes, including pedestrianism, bicycles, automobiles, and mass transit. The proposed "Low
Density Restricted Commercial" designation allows 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 roadways. The subject parcel is located south of Coral''
Way, considered a major thoroughfare that provides easy avenue between east and west
Miami. The increase in density associated to this land use designation request may provide i
continuity, buffering and transition between the Duplex Residential to the south and Restricted ;}
Commercial to the north. The Planning Department has confirmed that the subject site is
located in close proximity to various modes of public transportation.
MCNP Housing Policy HO -1.1.7 states the City will continue to control, through restrictions in
the City's land development regulations, large scale and/or intensive commercial and
industrial land development which may negatively impact any residentlal neighborhood and
will provide appropriate transitions between high-rise and low-rise residential developments.
The proposed change is within the scale in regards to density and height as it pertains to the
abutting single-family neighborhood.
The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Family
Residential" future land use category allows residential structures up to a maximum of 18
dwelling units per acre. Although the requested "Low Density Restricted Commercial"
designation allows density equivalent to "Low Density Multifamily Residential" or 36 dwelling
units per acre, the applicant has proffered a covenant to restrict the density on subject Parcel
{to 18 dwelling units per acre, maintaining the density to its current future land use.
• MCNP Land Use Policy - 1.3. 15 — The City will continue�io ericourage a leve o pa erns
that enhances existing neighborhoods by developing a balanced mix of uses including areas i
for employment, shopping, housing, and recreation in close proximity to each other.
• MCNP Land Use Policy - 1.43 — The City will continue to promote an active pedestrian
j sidewalk environment along the ground floor frontage of buildings on `pedestrian streets"
A through land development regulations.
_ - `— • MCNP Land Use Policy - 1.6.9 — The City's Land Development regulations will stabllsh
mechanisms to mitigate the potentially adverse impacts of new development on existing
neighborhoods through the development of appropriate transition standards and buffering
requirements. The applicant has proposed a ten (10) feet setback with the introduction of
landscape elements to serve as a buffer between the south elevation and the abutting
residential neighborhood.
• MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results
in an increase in density or intensity of land use shall be contingent upon availability of public
facilities and services that meet or exceed the minimum Level of Services (LOS) standards
adopted in the Capital Improvements Element.
File Id. 15-00057LU
Page 4 of 5
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
City of Miami
Planning and Zoning Department
Division of Land Development
c iv'aist it*'>
• The analysis is NOT based on a proposed project. The highest potential use is being
considered. j ?
RECOMENDATION
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned
findings, the Planning & Zoning Department recommends approval of the proposed amendment
as presented.
These findings support the position that the Future Land Use Map at this location and for this
neighborhood should be changed.
v' Z
Christopher Brimo
Chief of Land Development
L. V(centfnl, 5/11/15
Flie Id. 15-00057LU
Page 5 of 5
Planning, Zoning and Appeals
Board
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
Meeting Minutes
March 18, 2015
PZABA 15-00057lu A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE
MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH
AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW
DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank
Carollo - District 31
APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell,
LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends denial.
See companion File ID: 15-00057zc.
PURPOSE: This will change the zoning classification for the above property
from "Duplex Residential' to "Low Density Restricted Commercial'.
Motion by Member Young, seconded by Member Pina, that this matter be
CONTINUED April 15, 2015 PZAB PASSED unanimously.
City o/Miami Page 5 Printed on 312012015
Submitted into the public
record for item(s) PZ. 7. PZ.8
on 01/28/2016, City Clerk
ANALYSIS FOR
Future Land Use Map Change
FILE ID: 15-00057lu
APPLICANT: David Coviello, on behalf of 1300 Coral Brickell LLC (the "Owner")
PROJECT ADDRESS: 2240 SW 130' Avenue, Miami, 33145
COMMISSION DISTRICT: District 3 NET OFFICE: Coral Way
LAND USE DESIGNATION: Duplex Residential HEARING DATE: 3/18/15
REQUEST
The proposal is a request to change the Future Land • Use Map of the Miami Comprehensive
Neighborhood Plan designation of a portion of the property from "Duplex Residential" to "Low
Density Restricted Commercial". (A complete legal description is on file at the Hearing Boards
Office).
FUTURE LAND USE
Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6:1 established future.land use
categories according to the 2020 Future Land Use Map and the "Interpretation of the Future
Land Use Map."
Areas designated as "Duplex Residential" future land use category allows residential
structures of up to two (2) dwelling units each to a maximum density of eighteen (18) dwelling
units per acre, subject to the detailed provisions of the applicable land development regulations
and the maintenance of required levels of service for facilities and services included in the City's
adopted concurrency management requirements. Community based. residential • facilities (14
clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be
allowed pursuant to applicable state law. Places of worship, primary and secondary schools,
child day care centers and adult day care centers are permissible in suitable locations within
duplex residential areas. Professional offices, tourist and guest homes, museums, and private
clubs or lodges are allowed only in contributing structures within historic sites or historic districts
that have been designated by the Historical and Environmental Preservation Board and are in
suitable locations within duplex residential areas, pursuant to applicable land development
regulations and the maintenance of required levels of service for such uses.. Density and
intensity limitations for said uses shall be restricted to those of the contributing structure(s).
Areas designated. as "Low Density Restricted Commercial" future land use category allows
residential uses (except rescue missions) to a maximum density equivalent to "Low Density
Multifamily Residential" (36 dwelling units per acre) subject to the same limiting -conditions;
transitory residential facilities such as hotels and motels; general office use; clinics and
Held. 15-00057LU
Page 1 of 4
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
laboratories 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 auditoriums, libraries, convention facilities,
places of worship, and primary and secondary schools. This category also includes commercial
marinas and living quarters on vessels as permissible. The nonresidential portions of
developments within areas designated as "Low Density Restricted Commercial" allow a
maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property.
DISCUSSION
The subject site consists of one (1) parcel comprising approximately 0.34 acres. The parcel is a
corner dot located at the intersection of SW 13 Avenue and SW 22"d Terrace, on a block that is
bounded by SW 22 Street (Coral Way) to the North and SW 14th Avenue to the West. The
subject site is part of two abutting parcels located consecutively on 1300 and 1312 SW 22"d
Ave, under single ownership. Although the Property in its entirety is included for the purposes of
the application, only the portion of the property with the address of 2240 SW 13th Ave is being
proposed for a comprehensive plan amendment. The two (2) parcels along Coral Way will retain
their land use designation or restricted commercial.
The Future Land Use (FLUM) designation for the subject site and' adjacent properties located to
south, west and southwest is "Duplex Residential'.
The abutting property to the north, east and parcels along the Coral Way (Zone 3) are
designated "Restricted Commercial'.
The applicant proposes to develop the Property with a mixed-use residential project, and for that
purpose, the applicant considers the change of Land Use necessary to enable that
development. „
The subject site is located in "CORAL WAY" Service Center Area.
EXISTING NEIGHBORHOOD CHARACTERISTICS:
FUTURE LAND USE DESIGNATION
Subject Property:
Duplex Residential
Maximum. of 18 D.0 per acre.
Surrounding Properties:
NORTH: Restricted Commercial
Maximum of 150 D.0 per acre.
SOUTH: Duplex Residential
Maximum of 18 D.0 per acre
ZONING
SuJect Property:
T3-0 Sub -Urban Transect Zone
Open
Surrounding Properties:
T6-8-0 Urban Core Transect Zone
Open
T3-0 Sub -Urban Transect Zone
Open
Fila Id. 15-00057LU
Page 2 of 4
EAST: Restricted Commercial
Maximum of 150 D.0 per acre.
WEST: Duplex Residential
Maximum of 18 D.0 per acre
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
T6-8-0 Urban Core Transect Zone
Open
T3-0 Sub -Urban Transect Zone
Open
ANALYSIS
• A land use change at this location may set a negative precedent and create a 'dornwo
effect" in regards to future land use change applications throughout this neighborhood,
which borders a single family neighborhood.
• A change to Low Density Restricted Commercial is not a logical conversion and would
change the character of this corridor by introducing commercial uses and thereby impact the
quality of life for the single family residential 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 and (5) promotes the efficient use
of land and minimizes land use conflicts. This amendment request will increase conflicts
because the proposed designation will allow for an intrusion of commercial uses into a
stable residential neighborhood that could potentially create land use conflicts.
MCNP Housing Policy HO -1.1.7 states the City will continue to control, through restrictions
in the City's land development regulations, large scale andlor intensive commercial and
industrial land development which may negatively impact any residential neighborhood and
will provide appropriate transitions between high-rise and low-rise residential developments.
The proposed change is oui of scale 'in regards to density and height as it pertains to the
abutting single-family neighborhood.
The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex
Family Residential" future land use category allows residential structures up to a maximum
of 98 dwelling units per acre. The requested "Low Density Restricted Commercial"
designation allows density equivalent to "Low Density Multifamily Residential" or 36 dwelling
units per acre. This represents a potential increase in dens'fty that would be out of scale vAh
the surrounding areas to the south and west,
Land Use Policy LU -1.1.3 (1) provides for the protection of all areas of the City from (1) the
encroachment of incompatible land uses; and (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.
MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results
in an increase in density or intensity of land use shall be contingent upon availability of
public facilities and services that meet or exceed the minimum Level of Services (LOS)
standards adopted in the Capital Improvements Element.
The analysis is NOT based on a proposed project. The highest potential use Is being
considered.
File Id. 15-00057LU
Page 3 of 4
Submitted into the public
record for item(s) PZ. 7. PZ.8
on 01/28/2016, City Clerk
RECOMENDATION
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=-=request= as=Lj
presented.
These findings support the position that the Future Land Use Map at this location and for this
neighborhood should NOT be changed.
Christopher Brimo
Chief of Land Development
L. Vicentini, 3/5/15
File Id. 15-00057LU
Page 4 of 4
Submitted into:the public �'
record for item(s) PZ. 7, PZ.8.
on 01/28/2016, City Clerk
Prepared by and after recording return to:
David J. Coviello, Esq.
Shutts & Bowen LLP
Miami Center; Suite 1500
201 S. Biscayne Blvd.
Miami, FL 33131
dcovielio@shutts.com
Folio:01-4139-007-2731
KNOWALL MENBYTHESE PRESENTS tha li ndersigned�1300C�®RL KELL,LLC, a Delaware limited liability company (the "Owner")het nd imposes on
the land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the
covenants running with the title to the land contained herein, which shall be binding on the Owner,
all heirs,, grantees, successors and assigns, personal representatives, mortgagees, lessees, and
against all persons claiming by, through or under them.
WHEREAS, Owner is the owner of that certain property located at 2240 SW 130' Avenue,
in the City of Miami, Miami -Dade County, Florida, more particularly described on Exhibit "A"
attached hereto and incorporated herein (the "Subject Property");. and
WHEREAS, Owner proposes the development of a mixed-use residential project located
on the Subject Property and on property located at 1300 SW 22"d Street and 1312' -SW 22nd Street,
in the City of Miami, Miami -Dade County, Florida; and
WHEREAS, Owner is submitting applications for a Comprehensive Plain Amendment and
Rezoning of the Subject Property; and
WHEREAS, Owner seeks to assure the City of Miami that the Subject Property will be
restricted in the manner set forth herein.
NOW, THEREFORE, in consideration of the premises, agreements and covenants set
forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, 1300 CORAL BRICKELL, LLC hereby agrees as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein as
if repeated at length.
2. Use and Density Restrictions. Notwithstanding the T4 -L transect zone and Low
Density Restricted Commercial land use designation on the Subject Property, Owner hereby places
the following restrictions on the Subject Property:
WkDOCS 10676076 4 40068.0001
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016. City Clerk
Li L Density shall be limited to three (3) dwelling units ,W[ltic SUhjuCt I'reli,�f t
dcscrihed - -
(o) ; and
(b) Retail, office and other commercial uses as defined by the Miami 21 Code,
or any successor Zoning Ordinance, shall not be allowed. Notwithstanding the foregoing,
parking to serve the residential and commercial uses within the Project shall be permitted.
3. Site Plan. The Subject Property will be developed in substantial compliance with
the site plan entitled "Proposed Mixed-Use/Condo For 1300 Coral Brickell, LLC" prepared by
Ralph Puig Architect, LLC, dated the day of May, 2015 (the "Site Plan"). l hcuSite Plan is
if) lull 1n this
4. Amenity Deck. The swimming pool located on the amenity deck as shown on the
Site Plan shall not be located closer than sixty (60) feet from the property line of the Subject
Property along SW 22nd Terrace.
5. Term. The provisions of this instrument shall become effective upon their
recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for
a period of thirty (30) years after the date of such recordation, after which time they shall be
extended automatically for successive periods of ten (10) years each, unless released in writing in
accordance with Section n 4 below, upon the demonstration and affirmative finding that the same
is no longer necessary to preserve and protect the Subject Property for the purposes herein
intended.
6. Modification, Amendment, Release. The provisions of this instrument may be
amended, modified, or released only by a written instrument executed by the then owners of the
Subject Property (or if any portion of the Subject Property has been submitted to a condominium
form of ownership, in conformity with the Florida Condominium Act , as amended, then by the
condominium association governing such condominium in lieu of all of the owners thereof) AND
approved by the City Commission at a duly noticed public hearing, the cost of which shall be paid
by Owner. Any amendments, modifications or releases will also require the approval and signature
of the Director of the Planning and Zoning Department and that of the City Attorney as to legal
form.
7. Enforcement. Enforcement shall be by action against the parties or persons
violating or attempting to violate any covenants in this Declaration. The prevailing party to any
action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition
to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable
for the services of his/her attorney. [I is tM,Ird e11 �r4f�w���w;rlttorl�c v'x fcCS tC 1 nr.
- - le11is111t tO H11V such actinn of suit. This enforcement provision
shall be in addition to any other remedies available at law, in equity or both.
8. Law. Invalidation of any of these covenants by judgment of court shall not affect
any of the other provisions, which shall remain in full force and effect. This instrument is governed
by the laws of the City of Miami, Miami -Dade County and the State of Florida.
MIADOCS 10676076 4 40068.0001 2
Submitted into the public
record for item(s) PZ. 7. PZ.8
on 01/28/2016, City Clerk
9. Reservations. All rights, remedies and privileges granted herein shall be deemed
to be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges as may be available to it.
10. Recordation. This Declaration shall be recorded in the Public Records of Miami -
Dade County at the expense of the Owner. The City of Miami Zoning Department, 444 SW 2nd
Avenue, 4th Floor, Miami, Florida_ 33131 shall be furnished a copy within thirty (30) days of
recordation.
Signed, sealed, executed and acknowledged on this day of
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
2015.
1300 CORAL BRICKELL, LLC, a Delaware
limited liability company
By:
Print Name.
Title: Authorized General/ Managing Partner
Address:
The foregoing instrument was acknowledged before me this _ day of
2015, by , as of 1300
CORAL BRICKELL, LLC, a Delaware limited liability company; such person is (check one) [ ]
personally known to me or [ ] has produced as identification.
WITNESS my hand and official seal in the county and state named above this day of
2015.
NOTARY PUBLIC, State of Florida
Print Name.
Commission No.:
Commission Expires:
MIADOCS 10676076 4 40068,0001
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
SW 22 Terrace y 17 Avenida (arriba) edificio 3000 Coral Way (abajo)
Submitted into the public
record for item(s) PZ. 7, PZ.8
on 01/28/2016, City Clerk
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Submitted into the public i
record for item(s) PZ. 7. PZ.8
on 01/28/2016, City Clerk
PROPOSED , ZONING T"O)
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Submitted into the public ,
record for item(s) PZ. 7. PZ.8
on 01/28/2016, City Clerk _
Planning, Zoning and Appeals Meeting Agenda May 20, 2015
Board
PZAB. AGENDA ITEMS (RESOLUTIONS)
PZAB.1 . A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
15-00057lu RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE
MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY LOCATED ATAPPROXIMATELY 2240 SOUTHWEST 13TH
AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW
DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. -
LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank
Carollo - District 3]
APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell,
LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval. Item
includes a covenant. See companion File ID: 15-00057zc.
PURPOSE: This will change the land use designation for the above property
from "Duplex Residential' to "Low Density Restricted Commercial'.
Attachments: 15-00057lu PZAB 5-20-15 Supporting Documentation.pdf
Legislative History
3118115 Planning, Zoning and CONTINUED
Appeals Board
4115115 Planning, Zoning and DEFERRED
Appeals Board
City of Miami Page 6 Printed on 5112/2015
Submitted into the public
record for iterni(s) R. 7, PZ.8
on 01/28/2016, City Clerk
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.
X
n
❑
c) The proposed change is related to adjacent and nearby districts.
Z
❑
❑
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.
Z
❑
❑
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.
u-,,, at� /
Submitted into the public--�
record for item(s) pZ. 7, pZ 8
on 01/28/2016, City Clerk
Q0
Submitted into the public
record for item(s) PZ. 7_Z g
on 01 28 2016 City Clerk