City of Miami Planning and Zoning Department Division of Land Development

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ANALYSIS FOR CHANGE OF ZONING

FILE ID: 15-00090zc

APPLICANT: Mario Garcia-Serra on behalf of the Morgan Group (the "Applicant")

PROJECT ADDRESS: 3650 Bird Road ZIP: 33133

NET DISTRICT OFFICE: Coral Way NET 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 D1 (Work Place - District Zone) to T6-12-O (Urban Core Transect Zone - Open).

The subject property is one parcel of approximately 104,377 sq.ft or 2.39 ± acres1. The property is an irregular parcel bounded by Bird Road to the north, by the Metro Rail to the east and south, and by S. Douglas Road to the east, less the northwest square portion of approximately 129.02 ft x 121.02 ft. (15,609 ±sq.ft.). BACKGROUND

The subject property is located within a changing area that is evolving from D1 (Work Place - District Zone) to T6-12-O (Urban Core Transect Zone - Open). The site and the surrounding areas to the north, east, and south / southwest are designated D1 (Work Place - District Zone); properties to the west are designated D1 (Work Place - District Zone) and T6-12-O (Urban Core Transect Zone - Open). The properties designated T6-12-O, immediately to the west, recently changed its designation coming from D-1. The Miami Planning, Zoning and Appeals Board, at its meeting on March 5, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-018 by a vote of eight to zero (8-0), item No. 13, recommending approval of the zoning change from D1 (Work Place - District Zone) to T6-12-O (Urban Core Transect Zone - Open) for real properties at approximately 3734, 3736 and 3750 Bird Road; 3031 Southwest 37th Court; and 3090 Southwest 37th Avenue. These properties located immediately to the west of the subject property influenced the requested change, as expected at the time of that approval.

1 Information provided by Survey submitted as part of the application.

City of Miami Planning and Zoning Department Division of Land Development

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COMPREHENSIVE PLAN

NEIGHBORHOOD CHARACTERISTICS

ZONING FUTURE LAND USE DESIGNATION

Subject Property

D1 (Work Place - District Zone) Light Industrial Maximum of 36 D.U. per acre2

Surrounding Properties

NORTH: D1 (Work Place - District Zone) Light Industrial Maximum of 36 D.U. per acre

EAST: D1 (Work Place - District Zone) Light Industrial

Maximum of 36 D.U. per acre

SOUTH: D1 (Work Place - District Zone) Light Industrial Maximum of 36 D.U. per acre

WEST: D1 (Work Place - District Zone) Light Industrial Maximum of 36 D.U. per acre

and

T6-12-O (Urban Core Transect Zone - Open) Restricted Commercial

Maximum of 150 D.U. per acre

ANALYSIS

The following is a review of the request pursuant to a rezoning criteria at Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference:

Criteria 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

2 The PZAB in its meeting on March 18, 2015 heard this item and its companion item for FLUM amendment, recommending File ID #:15-00090lu for approval and requesting the applicant to work with the neighbors to mitigate any possible negative effect of the zoning change as requested.

City of Miami Planning and Zoning Department Division of Land Development

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Code to preserve Neighborhoods and to provide transitions in intensity and building heights.

Analysis: The proposed rezoning complies with the successional change as allowed in Miami 21 Code and involves an extension of an existing transect boundary.

The subject property is proposed for a successional up-zoning form D-1 to T6-12-O following the trend of this changing area. The intensity of the uses adjacent to north bound of South Dixie Highway is being mirrored to the uses adjacent to the south bound of said corridor.

The proposed request for a T6-12-O “Urban Core Transect Zone-Open” is deemed appropriate for the subject property given its location along Bird Road which is a commercial corridor and is located at walkable distance to the Metro Rail Station.

Finding: Staff finds the proposed zoning request to be consistent with the goals of the Miami 21 Code, as the request is compatible with the surrounding zoning district to the west and south across South Dixie Highway.

In regards to the uses allowed, “Table2. 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

D T6 D1 D2 D3 R L O DENSITY (UNITS PER ACRE) 36 N/A N/A 150 150 150 RESIDENTIAL SINGLE FAMILY RESIDENCE R R R COMMUNITY RESIDENCE R R R ANCILLARY UNIT TWO FAMILY RESIDENCE R R R MULTI FAMILY HOUSING R R R DORMITORY R R HOME OFFICE R R R LIVE - WORK R R WORK - LIVE R

City of Miami Planning and Zoning Department Division of Land Development

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Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (Cont…)

D T6 D1 D2 D3 R L O DENSITY (UNITS PER ACRE) 36 N/A N/A 150 150 150 LODGING BED & BREAKFAST R E R R INN R E R R HOTEL R R OFFICE OFFICE R R W R R COMMERCIAL AUTO-RELATED COMMERCIAL ESTAB. R R W WENTERTAINMENT ESTABLISHMENT R R R R ENTERTAINMENT ESTAB. - ADULT R FOOD SERVICE ESTABLISHMENT R R W W R R ALCOHOL BEVERAGE SERVICE ESTAB. E E E E E GENERAL COMMERCIAL R R W W R R MARINE RELATED COMMERCIAL ESTAB. R R R W WOPEN AIR RETAIL R R W W WPLACE OF ASSEMBLY R R W E R R RECREATIONAL ESTABLISHMENT R R W R R CIVIC COMMUNITY FACILITY R R W WRECREATIONAL FACILITY R R E R R RELIGIOUS FACILITY R R W E R R REGIONAL ACTIVITY COMPLEX E CIVIL SUPPORT COMMUNITY SUPPORT FACILITY R R W W WINFRASTRUCTURE AND UTILITIES W R W W W WMAJOR FACILITY E E E MARINA R R R E W WPUBLIC PARKING R R W E W WRESCUE MISSION E W W TRANSIT FACILITIES R R W E W W

Analysis for ZONING CHANGE

File ID: 15-00090zc 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.

l) 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.