M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, Town Manager
Date: February 19, 2014
Re: Anthony D. Fernandez Rezoning
Rezone (1.08 acres) subject property from SR (Single-Family Residential District) to NR (Neighborhood Residential District).
(Application No. ZC-2014-001)

REQUESTTitle
AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING THE REQUEST OF ANTHONY D. FERNANDEZ, TO PERMIT A REZONING FROM SR (SINGLE FAMILY RESIDENTIAL DISTRICT) TO NR (NEIGHBORHOOD RESIDENTIAL DISTRICT) ON PROPERTY GENERALLY LOCATED ON S.W. 200 TERRACE AND S.W. 87 AVENUE (FOLIO NUMBER 36-6009-002-1820), AS LEGALLY DESCRIBED IN EXHIBIT “A”, CONSISTING OF APPROXIMATELY 1.08 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE.
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APPLICATION SUMMARY
Applicant/Representative: Anthony D. Fernandez
Location: S.W. 200 Terrace and S.W. 87 Avenue
Total Acreage: 1.08 +/- Acres
Current Future Land Use
Map Designation: Low Density
Existing Zoning/ Site
Condition: SR (Single-Family Residential) /Vacant
Proposed Zoning: NR (Neighborhood Residential) / Multi-family
Folio Numbers: 36-6009-002-1820
Legal Description: A portion of the Northeast ¼, of the Northeast ¼, of the Northeast ¼, of Section 9, Township 56 South, Range 40 East, Miami-Dade County, Florida. Bounded and lying East of Block 4 ½ TENALLA OCEAN FARMS, according to Plat Book 8, at Page 124, bounded and lying South of right-of-way of S.W. 200TH Terrace, and bounded lying West of the right-of-way of S.W. 87TH Avenue, also bounded and lying North of Block 16 of TENELLA OCEAN FARMS ADDITION, according to Plat Book 12, at page 40, all being recorded in the Public Records of Miami-Dade County, Florida. Said lands being more particularly described as follows:
Commence at the Northeast corner of Section 9, Township 56 South, Range 40 East; thence South 00°51’06” East along said Section line, also being the Centerline of S.W. 87TH Avenue for a distance of 275.0 feet; thence South 89°08’08” West along the South right-of-way line S.W. 200TH Terrace for a distance of 25 feet to the Point of Beginning; thence continue South 89°08’08” West along the South right-of-way line of S.W. 200TH Terrace for a distance of 281.70 feet to the Northeast corner of Lot 6 of said block 4 ½ TENELLA OCEAN FARMS; thence South 00°51’06” East along the East boundary line of said block 4 ½ for a distance of 216.68 feet to the Northwest corner of Lot 15 said Block 16 TENELLA OCEAN FARMS ADDITION; thence North 50°07’14” East along the North boundary line of said Block 16 for a distance of 325.37 feet to the West right-of-way line of S.W. 87TH Avenue for a distance of 53.98 feet to the Point of Beginning. Containing more or less 38.113 sq. ft. or 0.87 acres.
STAFF ANALYSIS
The applicant (Anthony D. Fernandez) has requested to rezone a 1.08 +/- acre parcel from a Single Family Residential (SR) category to a Neighborhood Residential (NR) category, in order to accommodate housing types such as townhouse, two-family, multi-family dwelling units.
A. SITE BOUNDARIES
The existing site is an unaddressed triangular lot located at the intersection of S.W. 200 Terrace and S.W. 87 Avenue consisting of approximately 1.08 acres (Attachment "A”). The site is currently vacant and is bounded by The Church in Miami to the south, a vacant mixed-use parcel to the east, four single-family homes to the north, and four two-family homes to the west (Attachment “B”).
B. Transportation
The site is easily accessible by S.W. 200 Terrace to the north and S.W. 87 Avenue to the east. Public transportation is available to/from the subject parcel via Bus Route #200 and Bus Route #287. There is also easy access to the Old Cutler bike trail. Development of the site under the proposed Neighborhood Residential District (NR) would have minimal impact on the surrounding roadway network (Attachment “C”).
C. Site Comparison Table
As shown in the table below, rezoning to a Neighborhood Residential District (NR) allows for uses such as townhouse, two-family, and multi-family dwelling units which are currently not permitted under the Single Family Residential District (SR) designation. In comparing the current with the proposed development standards, the proposed NR zoning category allows for a reduction in Minimum Lot Area and Minimum Lot Width, with no restrictions on Minimum Unit Size. The Principal Structure Setback for Side Street under NR is reduced by 5 feet, allowing buildings to be located closer to the street in support of a more pedestrian friendly streetscape. The NR zoning category also provides a greater allowance for impervious surfaces, increasing the maximum allowable amount of impervious area by 10% as compared to the SR zoning. While the maximum height for both the SR and NR zoning categories is 35 feet, the NR zoning category allows for 3 stories versus 2 stories under the current SR District. Both the Future Land Use and the maximum density of 5 units per acre remain unchanged.
[SPACE LEFT INTENTIONALLY BLANK]
|
|
CURRENT |
PROPOSED |
|
FUTURE LAND USE |
Low Density Residential |
Low Density Residential |
|
ZONING |
Single Family Residential (SR) |
Neighborhood Residential (NR) |
|
PERMITTED USES |
§ Group Home (6 residents) § Detached Single Family § Family Day Care Home |
§ Group Home (6 residents) § Townhouse Dwelling § Two-Family Dwelling § Multi-Family Dwelling |
|
DEVELOPMENT STANDARDS |
Max Height 35 feet / 2 stories Max Density 5 units per acre Min Lot Area 7,500 sf Min Unit Size 1,200 sf Min Lot Width 75 ft Min Lot Depth 100 ft Max Impervious 60% |
Max Height 35 feet / 3 stories Max Density 5 units per acre Min Lot Area 5,000 sf Min Unit Size N/A Min Lot Width 50 ft Min Lot Depth 100 ft Max Impervious 70% |
|
PRINCIPAL STRUCTURE SETBACKS (ft) |
Front 25 Side Street 15 Interior Side 5 Rear 15 |
Front 25 Side Street 10 Interior Side 5 Rear 15 |
D. COMPLIANCE WITH SECTION 3-38 REZONING
Pursuant to the requirements of Sec. 3-38 Rezoning, Sub-section (D) - Approval Criteria, the Town Council shall use the following three (3) criteria in their decision to approve or disapprove a rezoning application.
1. The proposed rezone is consistent with the goals, objective and policies of the Town’s Growth Management Plan.
§ Policy FLU-4A: The Town shall implement strategies to provide appropriate transitions between its residential districts and the higher intensity Mixed Use, Town Center, and Institutional districts through its Land Development Regulations and other appropriate mechanisms.
Staff Comment: The proposed rezoning provides an appropriate transition between the mixed-use parcels to the south and east of the site, and the single-family and two-family residences located to the north and west respectively.
§ Policy FLU-4C: Development and redevelopment in the residential districts shall be regulated to ensure compatibility with the existing neighborhood, implement the recommendations of neighborhood improvement plans or initiatives that may be adopted, and prevent the encroachment of incompatible uses. When considering redevelopment proposals, maintaining consistency with existing densities and intensities shall be a major factor.
Staff Comment: The proposed residential use of townhouse, two-family, or multi-family dwelling units is compatible with the existing single-family and two-family homes surrounding the site. In addition, there is no increase in existing density by rezoning of the site.
§ Policy FLU-5B: Development and redevelopment in the Town shall provide for pedestrian friendly street design, an interconnected street network and hierarchy to reduce congestion and improve traffic flow, design that promotes the use of non-motorized transportation modes, connectivity to transit, and a range of uses in a compact area to reduce the need for external trips.
Staff Comment:
The site is well connected to the mass transit system with two local bus routes located within just a few feet. The location is also within walking distance of the Old Cutler Road mixed-use corridor and the Old Cutler bike trail.
§ Policy H1-1A: The Town shall maintain the residential Future Land Use designation of its existing and developing residential neighborhoods.
Staff Comment:
The proposed rezoning maintains a low-density residential Future Land Use
§ Policy H1-1D: The Town’s residential zoning districts shall allow a variety of housing types in residential districts in order to meet the housing needs of current and projected residents.
Staff Comment: The proposed rezoning introduces variety into the housing type by allowing for the construction of townhomes, two-family and multi-family dwelling units.
2. The proposed zoning district is compatible with the surrounding area’s zoning designation(s) and existing uses.
Staff Comment: The proposed Neighborhood Residential District designation is deemed compatible with the surrounding area. The Church in Miami parcel to the south is zoned for mixed-use and is sufficiently separated from the site by the Church’s main parking lot. The vacant parcel to the west is also zoned for mixed-use and is sufficiently separated from the site by a collector road (S.W. 87 Avenue/State Road 973/Galloway Road). There are four parcels to the north zoned single-family residential and four parcels to the west zoned multi-family residential. The single-family homes to the north are sufficiently separated from the site by the S.W. 200 Terrace right-of-way, while the two-family units to the west are sufficiently separated from the site by their existing 25 feet rear yard setback (Attachment “D”).
3. The subject property is physically suitable for the uses permitted in the proposed district.
Staff Comment: The subject property is deemed physically suitable to permit townhouse, two-family or multi-family dwelling units as outlined in the Land Development Regulations (LDR). As defined under the LDR, Neighborhood Residential Districts (NR) typically serve to provide for residential development which surrounds mixed-use neighborhood commercial areas, generally located within ½ mile walking distance of neighborhood centers or commercial corridors. The physical location of the subject property adjacent to two parcels zoned as Neighborhood Center and within ½ mile walking distance of the Old Cutler Road mixed-use corridor supports the proposed NR rezoning.
Pursuant to State Law the Miami Dade County School Board has been notified of the proposed rezoning.
RECOMMENDATION
Staff recommends approval of the proposed rezoning and amendment to the Town Zoning District Map for the parcel that is the subject of this application totaling 1.08 acres from SR (Single-Family Residential District) to NR (Neighborhood Residential District).
This application is consistent with the Goals, Objectives and Policies found within the Town’s Growth Management Plan and also meets the approval criteria in order for the Town Council to render a decision pursuant to the criteria in Sec. 3-38 Rezoning.
ATTACHMENTS:
Ø Attachment “A” - Letter of Intent and Application for Zoning Change
Ø Attachment “B” - Aerial Photograph
Ø Attachment “C” - Future Land Use Map
Ø Attachment “D” - Zoning Maps
Ø Attachment “E” - Advertisement/Courtesy Notices/ Posting