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,zaAo ourio sib planning and Zoning Department
Ills
Land Development Section
ANALYSIS FOR
CHANGE OF ZONING
FILE ID 2677
PROJECT ADDRESS: 1015 SW 29 Avenue, Miami, Florida.
APPLICANT: Jose and Gisela Soberon
COMMISSION DISTRICT: District 4 (Francis Suarez) NET OFFICE: Coral Way
ZONING DESIGNATION: T3-0 (Sub -Urban — Open) Transect Zone
PREPARED BY: Luiz Vicentini, Planner I
GENERAL REQUEST:
Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the applicant has
applied for a Change of Zoning located at approximately 1015 SW 29 Avenue ("the property"),
Miami, Florida. The applicant proposes to rezone the property from T3-0 (Sub -Urban - Open) to
T4 -R (General Urban - Restricted). The related folio of the subject parcel is 01-4109-019-0370. A
complete legal description of the property is on file at the Hearing Boards Office.
BACKGROUND:
The property is an interiorvacant lot comprised of approximately 8,100 square feet (approximately
0. 185 acres) of land. The property fronts SW 29 Avenue to the east and SW 28 Avenue to the
west. The subject property abuts four properties; a property with a duplex residential structure
and a vacant lot to the north, and two single-family residential properties to the south. The property
is currently designated T3-0 (Sub -Urban -Open) Transect Zone. Additionally the property lies
within the Coral Way NET area and is located within Citrus Park Subdivision. The property is
currently designated Duplex Residential in the City's Future Land Use Map (FLUM) of the Miami
Comprehensive Neighborhood Plan.
Exciting Zoning
Aerial Map
As shown in the above Zoning Map, the property is abutted by T4 -R to the north and to the east,
and T3-0 to the south and to the west. The use of the properties located directly to the north and
to the west are a mix of multifamily residential and duplex residential properties. The abutting
properties to the south and to the west are a mix of single family and duplex residential. To the
west of the property, between SW 29 Ct and SW 30 Ave, lies a Public Housing development,
owned by the Miami -Dade Housing Agency, To the east of the property lies a series of mixed use
properties such as Office, Commercial, and Civic use structures.
As previously stated, the applicant proposes to rezone the property located at 1015 SW 29
Avenue from T3-0 (Sub -Urban - Open) to T4 -R (General Urban - Restricted).
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN:
The requested change of zoning is inconsistent with the current Miami Comprehensive
Neighborhood Plan (MCNP) designation of Duplex Residential for the property. As such, the
applicant has submitted a companion application (File ID 2676) to amend the Future Land Use
Map designation from "Duplex Residential" to "Low Density Multifamily Residential°.
EXISTING NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property:
T3-0: (Sub -Urban -Open)
NORTH: T4 -R: (General Urban -Restricted)
SOUTH: T3-0: (Sub -Urban -Open)
EAST: T4 -R: (General Urban -Restricted)
WEST: T3-0: (Sub -Urban -Open)
FUTURE LAND USE DESIGNATION
Subject Property:
Duplex Residential
Maximum of 18 D.U. per acre
Medium Density Multifamily Residential
Maximum of 65 D.U. per acre
Duplex Residential
Maximum of 18 D.U. per acre
Medium Density Multifamily Residential
Maximum of 65 D.U. per acre
Duplex Residential
Maximum of 18 D.U. per acre
In regards to the uses allowed, below is an excerpt of Article 4, Table 3 of Miami 21 Code to
illustrate the additional uses allowed with the proposed change of zoning. The chart shows the
change of zoning request will increase the intensity of allowed uses and density specifically for
the portion being rezoned from T3-0 to T4 -R by right or through administrative or Board approval.
File ID 2677
Page 2 of 6
Excerpt of Article 4, Table 3 of Miami 21 Cotte
DENSITY (UNITS PER ACRE)
RESIDENTIAL
SINGLE FAMILY RESIDENCE
COMMUNITY RESIDENCE
ANCILLARY UNIT
TWO FAMILY RESIDENCE
MULTI FAMILY HOUSING
DORMITORY
HOME OFFICE
LIVE - WORK
WORK -LIVE
LODGING
BED & BREAKFAST
INN
HOTEL
OFFICE
OFFICE
COMMERCIAL
AUTO -RELATED COMMERCIAL ESTAB.
ENTERTAINMENT ESTABLISHMENT
ENTERTAINMENT ESTAB. ADULT
FOOD SERVICE ESTABLISHMENT
ALCOHOL BEVERAGE SERVICE ESTAB.
GENERAL COMMERCIAL
MARINE RELATED COMMERCIAL ESTAB.
OPEN AIR RETAIL
PLACE OF ASSEMBLY
T3
R L O
9 9 18
R R R
R R R
R
R
R R R
R R
R R
File ID 2677
Page 3 of 6
T4
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36
36
36
R
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File ID 2677
Page 3 of 6
RECREATIONAL ESTABLISHMENT
GIVIC
COMMUNITY FACILITY
RECREATIONAL FACILITY
RELIGIOUS FACILITY
REGIONAL ACTIVITY COMPLEX
CIVIL SUPPORT
COMMUNITY SUPPORT FACILITY
INFRASTRUCTURE AND UTILITIES
MAJOR FACILITY
MARINA
PUBLIC PARKING
RESCUE MISSION
TRANSIT FACILITIES
EDUCATIONAL
CHILDCARE
COLLEGE/UNIVERSITY
ELEMENTARY SCHOOL
LEARNING CENTER
MIDDLE I HIGH SCHOOL
PRE-SCHOOL
RESEARCH FACILITY
SPECIAL TRAINING 1 VOCATIONAL
ANALYSIS:
The following is a review of the request of change of zoning of 1015 SW 29 Ave from T3-0 (Sub
Urban - Open) to T4 -R (General Urban — Restricted) pursuant to the criteria in Article 7, Section
7.1.2.8 (a)(3) & (f)(2) of Miami 21.
File ID 2677
Page 4 of 6
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The following is a review of the request of change of zoning of 1015 SW 29 Ave from T3-0 (Sub
Urban - Open) to T4 -R (General Urban — Restricted) pursuant to the criteria in Article 7, Section
7.1.2.8 (a)(3) & (f)(2) of Miami 21.
File ID 2677
Page 4 of 6
Criteria 1 A change may be made only to the next intensity Transect Zone or by a Special
Area Plan, and in a manner which maintains the goals of the Miami 21 Code to
preserve Neighborhoods and to provide transitions in intensity and building
heights.
Analysis of The subject site is an interior vacant lot comprised of approximately 8,100 square
Criteria 1 feet of land. The proposed change of zoning represents a tangible impact to the
characteristics encountered in the area. As noted earlier in the report, the site's
surrounding area to the south and to the west are zoned T3-0 (Urban Center—
Open) with a predominant presence of single family residential and duplex
residential uses in the immediate neighborhood. Although the proposed rezone
incorporates some similar uses consistent with the current allowable uses, the
proposal, if approved, may set a precedent of future request of rezones towards
the lower density areas. The proposed rezoning of T3-0 to T4 -R may result in a
spill-over effect of a higher density into a well-established residential
neighborhood.
After analyzing the site and surrounding context, staff finds that the proposed
rezoning from T3-0 (Sub -Urban - Open) to T4 -R (General Urban- Restricted) not
compatible with the existing development patterns, heights, sub -urban character
and uses in the immediate neighborhood.
Finding 1 The request is not consistent with the goals and objectives of the Miami 21 Code,
as it increases the density towards a T3-0 neighborhood predominantly
developed as single family and duplex residential. Furthermore, the proposed
rezone from T3-0 to T4 -R may trigger a domino effect of rezoning towards south
and west areas of the residential neighborhood. In addition the requested rezone
will increase the height of the buildings allowed for the portion being rezoned
from T3-0 to T4 -R.
Criteria 2 A change may be made only to the next intensity Transect Zone or by a Special
Area Plan, and in a manner which maintains the goals of the Miami 21 Code to
preserve Neighborhoods and to provide proper transitions in intensity and scale.
Analysis of The proposed rezoning from T3-0 (Sub -Urban - Open) to T4 -R (General Urban
Criteria 2 - Restricted) will increase population and introduce congestion to the immediate
neighborhood and community by allowing 36 dwelling units per acre where 18
dwelling units per acre is currently allowed. In addition, the proposed rezone
allows the diminishing of setback requirements of the property, from 20 feet to
10 feet of building setback at frontage, increasing the density and disrupting the
existing character of residential neighborhood. Moreover, the increase in height
(from 2 floor max to 3 floor max) will be disproportional to the current massing
that surrounds the immediate neighborhood, disrupting the scale and the existing
development pattern in the area.
Finding 2 The request of the rezone from T3-0 to T4 -R disrupts the intent of transition,
intensity and scale which is not consistent with the goals of the Miami 21 Code.
Furthermore the proposed change is inconsistent with the character of the site,
and current development pattern of the neighborhood.
File ID 2677
Page 5 of 6
CONCLUSION:
Based on the materials submitted, staff finds that the request to rezone from T3-0 (Sub -Urban -
Open) to T4 -R (General Urban -Restricted) inconsistent with the goals of Miami 21. The request
is not compatible with the surrounding zoning district and provides an inappropriate zoning
transition.
Existing Zoning: Proposed Zoning:
T3 -O T4 -R
(Sub -Urban -Open) (General Urban -Restricted)
�aasiess encs sw s
RECOMMENDATION:
P MSS 10155 28X1
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned
findings, the Department of Planning and Zoning recommends denial of the applicant's request
the rezoning from T3-0 (Sub -Urban - Open) to T4 -R (General Urban -Restricted) as presented for
the property located at 1015 SW 29 Avenue.
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Exhibit A: Legal Description
File ID 2677
Page 6 of 6
City of Miami
Legislation
`°R'9 PZAB Resolution
File Number: 2677
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:..
A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD,
WITH ATTACHMENTS, RECOMMENDING APPROVAL OR DENIAL OF AN
ORDINANCE OF THE MIAMI CITY COMMISSION 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 -R, "GENERAL URBAN TRANSECT ZONE -RESTRICTED", FOR
THE PROPERTY LOCATED AT APPROXIMATELY 1015 SW 29 AVENUES
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 1015 SW 29 Avenue, Miami,
Florida ("Property") is currently zoned T3-0, "Sub -Urban Transect Zone -Open"; and
WHEREAS, the Property is located within Coral Way NET area and is located
within Citrus Park Subdivision; and
WHEREAS, the applicant has submitted a request to change the zoning
classification to T4 -R, "General Urban Transect Zone -Restricted"; and
WHEREAS, the proposed rezoning will disrupt the established character of the
single and duplex residential neighborhood; and
WHEREAS, the proposed rezoning will result in an increase in residential density
from 18 units per acre to 36 units per acre and allow multifamily housing by Right; and
WHEREAS, the size and scale of the adjacent uses and structures within the
existing neighborhood do not support this proposed increase in density and intensity;
and
WHEREAS, the proposed rezoning is not appropriate in light of the intent of the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"),
particularly in relation to the effects on adjoining properties; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") has
considered the recommendations of the Planning Director; and
WHEREAS, PZAB has considered the goals, objectives, and policies of the
Miami Comprehensive Plan, the Miami 21 Code, and all other City of Miami regulations;
and
City of Miami Page 1 of 2 File ID: 2677
File ID; 2677 Enactment Number:
WHEREAS, PZAB has* 1 has not* considered the need and justification for the
proposed change including changing and changed conditions that make the passage of
the proposed change necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND
APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this
Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The PZAB recommends granting* / denial* for the City Commission
to amend the Zoning Atlas of Ordinance No. 13114, as amended, by changing the
zoning classification T3-0, "Sub -Urban Transect Zone- Open", to T4 -R, "General Urban
Transect Zone -Restricted", for the Property, as described in "Exhibit A", attached and
incorporated.
Section 3. This Resolution shall become effective upon adoption by PZAB.
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 2 of 2 File !D; 2683 (Revision. ) Printed on: 8/16/2017
LEGAL DESCRIPTION
Lot 4, Block 4, of CITRUS PARK, according to the Plat thereof, as recorded in Plat Bonk 6, at
Page 145, of the Public Records of Miami -Dade County, Florida.
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AERIAL
FILE ID: 2677
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FILE ID: 2677
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MIAMI 21 (PROPOSED)
FILE ID: 2677
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