HomeMy WebLinkAboutSubmittal-Elvis Cruz-Analysis for Change of ZoningCity of Miami
'j Planning and Zoning Department
Land Development Section
ANALYSIS FOR
CHANGE OF ZONING
APPLICANT: DJ2014, LLC FILE ID: 14-00727zc
PROJECT ADDRESS: 5900 Biscayne Blvd & ZIP: 33137
5907 NE 5` Avenue
NET OFFICE: Upper Eastside HEARING DATE: 11/19/14
COMMISSION DISTRICT: District 5 ITEM: PZAB.2
A. GENERAL INFORMATION:
REQUEST: Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended,
the applicant is requesting a change of zoning for two (2) parcels, parcel one (1) 5900 Biscayne
Blvd, zoned T5-L "Urban Transect Zone -Limited" to T4-0 " General Urban Transect Zone -Open"
and parcel two (2) 5907 NE 5th Avenue, zoned T3-L "Sub -Urban Zone Limited" to T4-0 "General
Urban Transect Zone -Open".
The subject parcels are located within the Upper Eastside NET area, Parcel (1) is located in the
MiMo Historic District and parcel (2) is located within the Palm Grove Historic District. The parcels
are two corner lots with an approximate combined area of 0.385 acres. Situated on the north side
of NE 59th Street between NE 5th Avenue and Biscayne Blvd. (Complete legal description is on file
with the Hearing Boards Section).
B. BACKGROUND:
The subject site contains two existing legally platted vacant lots. Under Zoning Ordinance 11000,
Parcel 1, was designated Office "0" classification with an SD-9 overlay, which allowed 150
DU/acre, upon the adoption of Miami 21 Code on April 2010, the parcel was rezoned T5-L Urban
Transect Zone Limited which allows 65 DU/acre.
Parcel 2, under Zoning Ordinance 11000, was designated with R-3 "Multifamily Medium -Density
Residential" zoning classification, which allowed 65 DU/acre, upon the adoption of Miami 21 Code,
on April 2010, was rezoned to T3-L Transect Zone which allows 9 DU/acre.
The applicant is currently seeking a change of zoning to T4-0 for parcels (1) and (2). The applicant
plans to develop a furniture showroom and sales facility oriented towards Biscayne Blvd.
Submitted into the public 14-00727zc
record for item(s) P... 4 t S Page 1 of 4
on b3. 2(0. )i lc . City Clerk
I4-U012`i I u
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Submitted into the public
record for item(s) p 2..4 , 01.6—
on • 2(p • tCj . City Clerk
C. COMPREHENSIVE PLAN:
Parcel 1: The requested zoning designation of T4-0 for Parcel 1 is consistent with the
current Miami Comprehensive Neighborhood Plan (MCNP) designation of
Restricted Commercial, However, the subject parcel is zoned T5-L and is
consistent with the surrounding zoning to the North and South and serves as a
transition to the adjacent single-family T3-R district to the West.
Parcel 2: The requested zoning designation of T4-0 for Parcel 2 is inconsistent with the
current Miami Comprehensive Neighborhood Plan (MCNP) designation of
Single Family Residential,
However, the existing character and density of the corridor are currently consistent
with "Low Density Restricted Commercial" designation under the Comprehensive
Plan, specifically because this, future land use designation acknowledges the
existing commercial retail activities along the corridor.
As such, staff has submitted a companion item under (14-007271u) with this
request to amend the land use designation from "Single Family Residential" to
"Restricted Commercial".
D. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T5-L; Urban Center Transect Zone -Limited
(Parcel 1)
T3-L; Sub -Urban Transect Zone -Limited
(Parcel 2)
Surrounding Properties
FUTURE LAND USE DESIGNATION
Restricted Commercial
Maximum of 65 D.U. per acre
Single -Family Residential
Maximum of 9 D.U. per acre
NORTH: T5-L; Urban Center Transect Zone Restricted Commercial
(adjacent) Maximum of 65 D.U. per acre
T3-L; Suburban Transect Zone Single -Family Residential
(adjacent) Palm Grove Maximum of 9 D.U. per acre
SOUTH: T5-0; Urban Center Transect Zone Restricted Commercial
(across NE 59 Street) Maximum of 65 D.U. per acre
EAST: T4-0; Urban Transect Zone Restricted Commercial
(across Biscayne Blvd) Maximum of 36 D.U. per acre
14-00727zc
Page 2 of 4
Submitted into the public
record for item(s) P7.4 , D1 •s
on ?,• 119 • 15 . City Clerk
WEST: T3-L; Suburban Transect Zone Single -Family Residential
(adjacent) Palm Grove Maximum of 9 D.U. per acre
E. 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: For rezonings: 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: Parcel 1 is a legally platted parcel located within the Bay Shore Subdivision and the MiMo
Historic District. Staff finds the proposed zoning request to be inconsistent with the goals
of the Miami 21 Code as the request is not compatible with the surrounding zoning districts
nor provides a transition in intensity of uses. Rezoning the property to T4-0 would result in
eliminating uses currently allowed by right to this specific parcel of the T5-L quadrant of the
blocks that serve the general area and adjacent neighborhoods.
Finding: Inconsistent with the intent of the Miami 21 Code
Analysis: Parcel 2 is a legally platted parcel located within the Bay Shore Subdivision and the Palm
Grove Historic District. Staff finds the proposed rezone of Parcel 2 from T3-L to T4-0 to be
successional and consistent with the goals of the Miami 21 Code as the proposal is
compatible with the surrounding zoning districts. Rezoning Parcel 2 to T4-0 will allow the
applicant to develop a low -scale, compatible commercial development oriented towards
Biscayne Blvd consistent with Chapter 23 of the Code entitled MiMo.
Finding: Consistent with the intent of the Miami 21 Code
F. NEIGHBORHOOD SERVICES:
Net Office No Objection
Code Compliance No Objection
Building Required
Historic Preservation With recommendations pursuant to Exhibit A
Environmental Resources No Objection
G. CONCLUSION:
Parcel 1: The Department of Planning and Zoning recommends denial of the applicant's request
for a change of zoning. The proposed change of zoning will result in an inconsistency in intensity.
As such, the proposed request would result in spot zoning as there is no T4-0 adjacent to the
14.00727zc
Page 3 of 4
Submitted into the public _
record for item(s) Q�; A . 1?i
on (j• 1,(y .1C City Clerk
property. However, the applicant has proffered a Declaration of Restrictive Covenant attached
hereto as Exhibit B that ties the development to a set of plans that shall require approval from the
Office of Historic Preservation and the Historic, Environmental and Preservation Board which have
yet to review the plans as proposed. Staff finds the zoning request is inconsistent with the goals
of the Miami 21 Code as the request is not compatible with the surrounding zoning districts nor
provides an appropriate zoning transition as such staff finds the Declaration of Restrictive
Covenants as presented deficient.
Parcel 2: The Department of Planning and Zoning recommends approval of the applicant's
request for a change of zoning.
Staff finds the zoning request is consistent with the goals of the Miami 21 Code as the request is
compatible with the surrounding zoning district and provides an appropriate zoning transition.
Rezoning Parcel 2 to T4-0 will allow the applicant to develop a low -scale, compatible commercial
development oriented towards Biscayne Blvd consistent with Chapter 23 of the Code entitled
MiMo.
H. RECOMMENDATION:
Pursuant to Article 7, Section 7.1,2.8 of Ordinance 13114, as amended on the aforementioned
findings, the Planning & Zoning Department recommends as follows:
Parcel 1: Denial of the applicant request for a change of zoning from T5-L to T4-0,
Parcel 2: Approval with conditions of the applicants request for a change of zoning from T3-L to
T4-0.
1. The applicant shall proffer a revised covenant limiting the development height of
Parcel Two (2) to a maximum height of 35', said development and uses shall be in
accordance with Chapter 23 entitled "MiMo".
2. The future development of the parcels shall require approval by the Office of Historic
Preservation and by the Historic and Environmental Preservation Board as applicable.
Chief of Land Development
11/12114 S.Garrido
14.00727zc
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