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Home My WebLink AboutAnalysis, Maps & PZAB ResoCity of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR CHANGE OF ZONING FILE ID: 1 5-00965z= PROJECT ADDRESS: Approximately 460, 500, 520, 530, 538, 540 NE 82 Terrace and 505, 439 ,433, 437, 421 NE 82 Street, Miami, Florida APPLICANT: Ben Fernandez Esquire, on behalf of 82nd Apartments, LP; 505 NE 82" d Street, LLC; 520 NE 82nd Terrace, LLC; 421 82 St, LLC; and 439 NE 82nd Street, LLC COMMISSION DISTRICT: 5 (Hardeman) NET OFFICE: Upper Eastside ZONING DESIGNATION: T5-R (Urban Center -Restricted) 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 460, 500, 520, 530, 538, 540 NE 82 Terrace, 505, 439, 433, 437, 421 NE 82 Street, Miami, Florida. The applicant proposes to rezone the parcels from T5-R (Urban Center -Restricted) to T6-8-O (Urban Core -Restricted). The related folios of the subject lots are: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; 01-3207- 054-0120; 01-3207-054-0150; 01-3207-023-0020; 01-3207-023-0070; and 01-3207-023-0040. A complete legal description of the property is on file at the Hearing Boards Office. BACKGROUND: The subject rezone consists of 11 lots as shaded below. Eight lots front NE 82nd Street and three lots front NE 82nd Terrace. The site is approximately 2.271 acres (98,932 square feet) of land generally bounded by NE 82nd Terrace to the north, NE 82nd Street to the south, NE 4' Place to the east, and Biscayne Boulevard (also known as NE 6th Avenue) to the west. The subject area is located within the Upper Eastside NET. LOTI 1 BLOCKS 4I (P.B.a2, P.G.61) LOTS core LOTI BLOCKf BLOCK1 BLOCKI .v2 ®Intl TERRACE LOT2 LOT3 LOT4 LOT5 LOT&BLOCKI BLOCK2 BLOCK2 BLOCK 2 BLOCK2 LOT LOT 7BLOCK 1 :1 (11.8.63,P.0.12) (P.13.63,P.G.12) BLOCK 2 LOT12 LOP 11 LOT10 LOTS LOT6 LOT5 LOT4 LOT3 LOT BLOCK 28LOCK2 BLOCK 2 AL04K2 LOT( BLOCK2 • BLOCK f BLOCK 1 BLOCK 1 BLOCK I BLOCK 1 (P.13.10, P.G.51) 10T5 BLOCK S i (P.B.42,P.G.64) } - - --- LOTI G0(12 LOT 1! LOT lS LOT 15 LOI4BLOCK 2 F,n wT F BLOCH1 BLOCK 20LOCK 2 BLOCK 2 BLOCKS L011 BLOCK2- II .R.1O, P.O62 LC112 BLOCK2 'I ono h (P.B.12. P.O.Ba) (P - 1 IN -a-I LBT r&Mr II 120d STREET The subject properties are zoned T5-R and are developed predominantly with two-story multi- family structures built in the late 1940s and 1950s. The property was previously zoned BR-3" (Multifamily Medium -Density Residential) with a maximum density of sixty-five (65) units per net acre under the 11000 Code. The area and was rezoned on April 2010 under Miami 21 to Urban Center - Restricted (T5-R). The zoning of the properties to the north of the site is T5-R, to the south T6-8-O, to the East T5-R and T6-8-O, and to the west T6-8-O. The lots immediately north, west, and east of the proposed rezone area are developed with multi- family dwelling units that are consistently two -stories or Tess in height. Moving further westward the lots that front Biscayne Boulevard (also known as NE 6th Avenue) contain low scale commercial structures and nonresidential uses. South of the site (across NE 82' Street) the lots are zoned T6-8-O and are developed with multi -family and commercial uses (including Biscayne Shopping Plaza). The floor heights of structures in this area are lower than the eight floors permitted by the T6-8-O zoning district. As stated previously, the applicant proposes a change of zoning of the area from T5-R (Urban Center - Restricted) to T6-8-O (Urban Core - Open). As part of the application materials site plans and a Restrictive Covenant were submitted. The Restrictive Covenant indicates: 1) reduction in the maximum number of dwelling units permitted to be developed to 232, and; 2) additional Floor area as permitted through the Public Benefits Program as described in Article 3, Section 3.14 of Miami 21 will not be allowed. The elevations provided by the applicant show a building with heights that varies between four and twelve stories. COMPREHENSIVE PLAN: The requested change of zoning is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation for the properties. As such, the applicant has submitted a companion application (item 15-009651u) to amend the land use designation from "Medium Density Multifamily Residential" to "Restricted Commercial". EXISTING NEIGHBORHOOD CHARACTERISTICS: ZONING FUTURE LAND USE DESIGNATION Subject Properties: Subject Properties: T5-R (Urban Center -Restricted) Med. Density Multifamily Residential Maximum of 65 D,U. per acre Adjacent Properties NORTH: T5-R (Urban Center -Restricted) Med. Density Multifamily Residential Maximum of 65 D.U. per acre SOUTH: T6-8-O (Urban Core -Open) EAST: T5-R (Urban Center -Restricted) and T6-8-O (Urban Core -Open) Restricted Commercial Maximum of 150 D.U. per acre Med. Density Restricted Commercial Maximum of 65 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre WEST: T5-R (Urban Center -Restricted) Med. Density Multifamily Residential Maximum of 65 D.U. per acre File Id. 15-00965zc Page 2 of 6 In the T5-R Zone, the only use allowed by right is residential. In addition, there are a limited number of other uses are permitted to operate within this zone with the approval of a Warrant or Exception. In this case the change of zoning from T5-R, a restricted multi -family zone to T6-8-O, allows many more uses by right which will affect adjacent sites and uses in the vicinity. 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. Excerpt of Article 4, Table 3 of Miami 21 Code 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 T5 R L 0 65 65 65 R R R R R R R R R R R R R R R R R R E R R R R R R T6 R L 0 150 150 150 R R R R R R R R R R R R R R R R R R R R E R R E R R R R R R R W W R R R E E R R W W W W R R R W W R R W R R E E W R R W W W W E E R File Id. 15-00965zc Page 3 of 6 RECREATIONAL ESTABLISHMENT Excerpt of Article 4, Table 3 of Miami 21 Code continued CIVIC 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 / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL ANALYSIS: R RJ T5 R L 0 W W E R R W W W W W E W W E W W E W W E W W W W' E W W R R E W W E R R R W W R R T6 R L 0 W R W R W W W W W E W W E W W E W W W W W W W E W W R R E W W E R R R R W W The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a)(3) & (0(2) of Miami 21. The background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria 1 For rezoning: 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. File Id. 15-00965zc Page 4 of 6 Analysis of Criteria 1 The subject site is within an existing T5-R zoned neighborhood consisting of low scale multi -family dwelling units. The proposed rezoning will not preserve the established, character of the multi -family neighborhood. Moreover, it will create incompatible neighboring uses as the rezone area will exclude two abutting lots which would become stand-alone parcels of T5-R Zoning surrounded by T6-8-O Zoning. The T6-8-O zoning increases residential density from 65 units per acre to 150 units per acre and allows many commercial uses by right. The size and scale of the adjacent uses and structures within existing neighborhood do not support this increase in density and intensity. Furthermore, staff is concerned how the circulation within the neighborhood will support this increase in density and intensity. A Restrictive Covenant has been submitted which limits the number of dwelling units on site to 232. However, if the site was developed with the T5-R standards only 147 dwelling units would be permitted. The Restrictive Covenant also limits additional floor area through the Public Benefits Program as described in Article 3 of Miami 21. However, the development plans indicate that the structure will utilize bonus height to twelve (12) floors on the site, which if four floors more than allowed by right in the T6-8- O. As proposed, the rezoning from T5-R to T6-8-0 is not compatible with the existing development patterns, heights, and multi -family uses in the immediate neighborhood. Finding The request is inconsistent with the goals and objectives of the Miami 21 Code. Criteria 2 For rezoning: 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 Criteria 2 There are commercial uses fronting Biscayne Boulevard and on the south side of NE 82nd Street within the immediate vicinity of the subject site. The heights of these structures are predominately one and two floors. The proposed rezoning will not provide a transition in building heights. The Restrictive Covenant could potentially reduce impacts of the rezoning, however, there are no structures in the adjacent blocks, with the intensity and scale permitted by the T6-8-0 zone. The proposed rezone to T6-8-0 is not compatible with the existing development patterns and multi -family uses in the immediate neighborhood. Finding The request does not create a transition in intensity and scale which is consistent with the goals of the Miami 21 Code. File Id. 15-00965zc Page 5 of 6 Existing Zoning T5-R (Urban Center - Restricted) J d F.' -NE 82ND TER IIi!III NE 82ND ST h CONCLUSION: Proposed Zoning T6-8-O (Urban Core -Open) / mr•iRIIlliIillIi.JHNE STili AU ' T5-R --If NE 82ND TER T6-8-O I ? I NE 82ND ST T6-8-O Based on the materials submitted, staff finds that the request to rezone from T5-R to T6-8-0 is inconsistent with the goals of Miami 21. The request is not compatible with the surrounding zoning district and does not provide appropriate zoning transitions. Although, the Restrictive Covenant could potentially reduce impacts of the rezoning, there are no structures in the adjacent blocks within the same zoning district, or with the proposed, with the height and density permitted by the T6-8-0 zone. RECOMMENDATION: 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 of the proposed denial of the rezoning from T5-R to T6-8-0 as presented. The requested change of zoning is an intrusion of a higher density and intensity to the neighboring properties. Christopher Brimo, AICP Chief of Land Development Jacqueline Ellis September 2, 2015 File Id. 15-00965zc Page 6 of 6 MIAMI 21 ZONING MAP (EXISTING) >T T3-O ER ;TER HST 1- _w 1 1 ■ 1 ■ 1 a T5-R w Z NE 82ND ST 414 Z Z NE 83RD LN a v w AniaitinstzAtiNE 83RD:STam■N1G NE 82ND TER J d H w I T5-R NE 82ND ST r-T6-8-011 NE 81ST ST w z L NE 80TH ST t•- W z NE. 0 150 300 I i I 600 Feet ADDRESS: 460, 500, 520, 530, 538, 540 NE 82 TER, 505, 439, 433, 437 & 421 NE 82 ST MIAMI 21 ZONING MAP (PROPOSED) >T T3-O ER ;TER HST 1- _w 1 1 ■ 1 ■ 1 NE 82ND ST a er w Z Z Z NE 83RD LN a v w AniaitinstzAtiNE 83RD:STam■N1G T5-R NE'82ND TER II T6-8-O J d H w NE 82ND ST T6-8-O 11 NE 81ST ST w z L NE 80TH ST NE 6TH AV NE. 0 150 300 I i I 600 Feet ADDRESS: 460, 500, 520, 530, 538, 540 NE 82 TER, 505, 439, 433, 437 & 421 NE 82 ST '4WN '4'W I. w. (- +' VX:104, i 04 ,a ! i, I4 _ l fir 1.1 417 3 J = ..t a 2 er Z &II■II■II■IIIIII■IIliII■II■IIUIL■ NE 83RD ST- -;NE82NDTER pi,, ,- oh iv... ,o he noraf NE8OTHST;.-` bey GeoEye, i-cub2d, Eathsitar ' 1 bus DS, 'USDA,USGS o IGN, IGP, swisstopo, and the GI, 0 150 300 600 Feet ADDRESS: 460, 500, 520, 530, 538, 540 NE 82 TER, 505, 439, 433, 437 & 421 NE 82 ST Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-1 5-058 File ID 15-00965zc September 16, 2015 Item PZAB.2 Mr. Daniel Milian 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-R TO T6-8-O, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538, AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439, AND 505 NORTHEAST 82ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, Upon being seconded by Mr. David H. Young, the motion passed and was adopted by a vote of 5-3: Ms. Jennifer Ocana Barnes Absent Mr. Chris Collins No Ms. Maria Lievano-Cruz Absent Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson No Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Absent Mr. Daniel Milian Yes Mr. Juvenal Pina Absent Ms. Melody L. Torrens No Mr, Manuel J. Vadillo Yes Mr. David H. Young Yes Fra ciscQ-Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) /'1)Execution ate 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 l L-I DAY OF (DUD 2015. Vayye5sc '"r�t1(3 Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath ar's Notary Public State of Florida My Commission Expires: J VANESSATRUJILLO :"r MY COMMISSION # FF 229944 1a EXPIRES: July 11, 2019 Bonded Thru Notary Public Underwriters _r_ r w