HomeMy WebLinkAbout03-26-15 CC Analysis, Maps & PZAB Reso`Y"ht °`° City of Miami
Planning and Zoning Department
Land Development Section
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APPLICANT: DJ2014, LLC
ANALYSIS FOR
CHANGE OF ZONING
FILE ID: 14-00727zc
PROJECT ADDRESS: 5900 Biscayne Blvd & ZIP: 33137
5907 NE 5th 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.
14.00727zc
Page 1 of 4
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
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
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
11/12/14 S.Garrido
14-00727zc
Page 4 of 4
MIAMI 21 ZONING MAP (EXISTING)
T4—O —I I
NE 61ST ST
NE 60TH ST
NE 56TH ST
0 150 300
i I
600 Feet
NE 60TH ST
NE59THST NE59THST
• NE 58TH STJ
Mor ingsi
NE 57TH ST
ADDRESS: 5900 BISCAYNE BLVD & 5907 NE 5 AV
MIAMI 21 ZONING MAP (PROPOSED)
r
T5-R i
T5-O
sounaffeautlin
NE 60TH ST
,NE 56TH ST
NE 61ST ST
0 150 300 600 Feet
I
NE 58TH ST
NE 59TH ST NE 59TH ST
T3-R
T4-O
NE 57TH ST
NE 56TH ST
ingside
ADDRESS: 5900 BISCAYNE BLVD & 5907 NE 5 AV
MIAMI 21 ZONING MAP (REQUESTED)
CS
NE 60TH ST
,NE 56TH ST
0 150 300
NE 61ST ST
NE 58TH ST
/
600 Feet
NE 59TH ST NE 59TH ST
/ T3-R
T4-O
orningside
NE 57TH ST
NE 56TH ST
ADDRESS: 5900 BISCAYNE BLVD & 5907 NE 5 AV
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ADDRESS:5900 BISCAYNE BLVD & 5907 NE 5 AV
EXHIBIT A
HISTORIC PRESERVATION RECOMMENDATIONS
DJ2014, LLC 14-00727zc
Megan Cross Schmitt
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Efren Nunez, Planner II
Planning and Zoning Department
FROM Preservation Officer
Planning and Zoning Department
DATE:
November 13, 2014
SUBJECT : Rezoning of 5900 Biscayne Blvd.
FILE :
REFERENCES : MiMo/Biscayne & Palm Grove Historic Districts
ENCLOSURES:
The Historic Preservation Office has reviewed the development application
referenced above. Staff has reservations about the applicant's request for a change
of zoning and recommends the following:
• The applicant shall proffer a covenant limiting the development height of
Parcel Two (2) to a maximum height of 35', said development and uses shall
in accordance with Chapter 23-6.
• The future development of the parcel shall require approval by the
Preservation Office and by the Historic and Environmental Preservation
Board (HEPB) as applicable.
EXHIBIT B
DECLARATION OF
RESTRICTIVE COVENANTS
DJ2014, LLC 14-00727zc
4 Bilzin Sumberg
November 5, 2014
Mr. Sergio Garrido
City of Miami Planning Department
444 SW Second Avenue, 3rd Floor
Miami FL 33130
Jerry B. Proctor
Tel 305-350-2361
Fax 305-351-2250
jproctor@bilzin.com
Re: DJ2014 LLC/Application for District Boundary Change and Comprehensive
Plan Amendment
Property: 5900 Biscayne Boulevard and 5907 NE 5 Avenue
Dear Mr. Garrido:
In conjunction with the above -styled application, scheduled for hearing before the City's
Planning and Zoning Appeals Board on November 19, 2014, enclosed please find a Declaration
of Restrictions that the applicant will proffer at the hearing.
Please give me a call if you have any questions. Thank you.
Sincerely,
Jerry B. Proctor
JBP: id
Encl.
cc: Jacques Miodownik (w/encl.)
Dean DiBartolomeo, Esq. (w/encl.)
Dean Lewis (w/encl.)
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-3456 .Fel 305.374.7580 Fax 305.374.7593
www.bilzin com
This instrument prepared by, and after recording return to:
Name: Jerry B. Proctor, Esq.
Address: Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida33131
f Snace reserved fnr Clerk of Courtl
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2014, by DJ 2014 LLC the "Owner"), in favor of the City of Miami, a
Florida Municipal Corporation (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami,
Florida, located at approximately 5900 Biscayne Boulevard and 5907 NE 5 Avenue, Miami,
Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the
"Property");
NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the following restrictions that are intended and shall be deemed to be covenants
running with the land and binding upon the Owner of the Property, its successors in interest and
assigns, as follows:
MIAMI 4249041.4 81026/44535
1 1 /6/2014
1
1. Recitals. The recitals and findings set forth in the preamble of this Declaration
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
2. Site Plan. The Property will be developed substantially in accordance with the
Design Intent Documents and the Construction Permit Documents prepared by D.B. Lewis,
Architect -Thresholds International Inc., or the architect of record, as may be amended by the
applicable departments of the City of Miami and the City of Miami Historic and Environmental
Preservation Board.
3. TDRs. Owner may utilize the provisions in the City's Transfer of Development
Rights (TDR) program. The Owner will comply with City regulations regarding recording of
agreements and any other required notice of any sales reducing development capacity on the
Property.
4. Effective Date. This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon recordation in the
Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of,
and a limitation upon, all present and future owners of the Property and for the public welfare.
5. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner of the Property, its
successors in interest and assigns for an initial period of thirty (30) years from the date this
MIAMI 4249041.4 81026/44535
11/6/2014
2
instrument is recorded in the public records and shall be automatically extended for successive
periods of ten (10) years, unless modified, amended or released prior to the expiration thereof.
6. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours to
enter upon the Property for the purpose of determining whether the conditions of this Declaration
and the requirements of the City's building and zoning regulations are being complied with. An
action to enforce the terms and conditions of this Declaration may be brought by the City and
may be by action at law or in equity against any party or person violating or attempting to violate
any covenants of this Declaration or provisions of the building and zoning regulations, either to
restrain violations or to recover damages. This enforcement provision shall be in addition to any
other remedies available under the law.
7. Amendment and Modification. This instrument may be modified, amended or
released as to all or any portion of the Property by a written instrument executed by the owner(s)
of the fee -simple title to the Property to be effected by such amendment, modification, or release
and the City of Miami with the approval by the City of Miami City Commission, if applicable, at
a public hearing, which public hearing shall be applied for by, and be at the expense of the
Owner. Any modification, amendment, or release of this covenant will be subject to the
approval as to legal form by the City Attorney.
MIAMI 4249041.4 81026/44535
1 1 /6/2014
3
8. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and effect.
9. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner after approval of the Owner's zoning
application and the Owner's comprehensive plan application by the City Commission of the City
of Miami and the expiration of all appeal periods and after approval of the Owner's application
for a certificate of appropriateness by the City of Miami Historic and Environmental
Preservation Board and the expiration of all appeal periods. The Owner shall submit a recorded
copy to the Zoning Administrator at 444 SW 2nd Avenue, 4th Floor, Miami, Fl., 33130-1910
within thirty (30) days of recordation.
THERE ARE NO ADDITIONAL PROVISIONS ON THIS PAGE
SIGNATURES AND JURAT ON THE FOLLOWING PAGES
MIAMI 4249041.4 81026/44535
1 1 /6/2014
4
ACKNOWLEDGMENT CORPORATION
Signed, witnessed, executed and acknowledged on this day of , 2014.
IN WITNESS WHEREOF, DJ 2014 LLC has caused these presents to be signed in its name by its
proper officials.
Witnesses:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
MIAMI 4249041.4 81026/44535
11/6/2014
5
DJ 2014 LLC
19111 Collins Avenue, Unit #103
Sunny Isles, Florida 33160
By:
Jacques Miodownik, Member -Manager
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by Jacques Miodownik as member
manager, of DJ 2014 LLC, on behalf of the limited liability company. He is personally known to me or
has produced , as identification.
Witness my signature and official seal this day of , 2014 in the County and State
aforesaid.
My Commission Expires:
MIAMI 4249041.4 81026/44535
11/6/2014
6
Notary Public -State of FLORIDA
APPROVED AS TO FORM AND
CORRECTNESS:
VICTORIA MENDEZ
City Attorney
APPROVED:
FRANCISCO J. GARCIA IRENE S. HEGEDUS
Director of Planning and Zoning Zoning Administrator
MIAMI 4249041.4 81026/44535
11/6/2014
EXHIBIT A
Property Legal Description
Lots 1 and 18, Block 3, of "Bayshore", according to the Plat thereof, as recorded in Plat Book 5, Page
116, of the Public Records of Miami -Dade County, Florida.
MIAMI 4249041.4 81026/44535
11/6/2014
8
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-072
File ID 14-00727zc November 19, 2014
Item PZAB.2
Mr. David Young offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING DENIAL OF AN
ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T5-L "URBAN
CENTER TRANSECT ZONE LIMITED" TO T4-O "GENERAL URBAN TRANSECT ZONE OPEN" FOR THE
PROPERTY LOCATED AT APPROXIMATELY 5900 BISCAYNE BOULEVARD AND BY CHANGING THE ZONING
CLASSIFICATION FROM T3-L "SUB -URBAN TRANSECT ZONE LIMITED" TO T4-O "GENERAL URBAN
TRANSECT ZONE OPEN" FOR THE PROPERTY LOCATED AT APPROXIMATELY 5907 NORTHEAST 5TH
AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A" (HEREBY ATTACHED); MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the PZAB considered the intent of and requirements under the Miami 21 Code, the application, the staff
analysis, and all evidence and testimony presented at the public hearing on November 19, 2014, and made no other
motions.
Upon being seconded by Mr. Juvenal Pina, the motion passed and was adopted by a vote of 7-1:
Ms. Jennifer Ocana Barnes Yes
Mr. Chris Collins No
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Absent
Ms, Maria Beatriz Gutierrez Absent
Dr. Ernest Martin Absent
Mr. Daniel Milian Yes
Mr. Juvenal Pina Yes
Ms. Melody L. Torrens Absent
Mr. Manuel J. Vadillo Yes
Mr. David H. Young Yes
„s5
�vmw"Mw
tlf Frame-e arcia, Director
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
i\�Z�F' 1y
Execution Date
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution,
SWORN AND SUBSCRIBED BEFORE ME THIS 11 DAY OF Novemn 6_7, 2014.
VCye s
Print Notary Name
Personally know ice- or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath ��—
Notary Public State of Florida
VANESSA TRUJILLO
MY COMMISSION # EE 105250
EXPIRES: July 11, 2015
Bonded Thru Notary Publlo Underwriters
Exhibit "A"
Rezoning
1-to T5-0
Lot 18, Block 3, "Bayshore", Plat Book 5, Page 116 of the Public Records of Miami -Dade.
County, Florida.
2 - to T4-0
Lot 1, Block 3, "Bayshore", Plat Book 5, Page 116, of the Public Records of Miami -Dade
County, Florida,