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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami Planning and Zoning Department ANALYSIS FOR CHANGE OF ZONING FILE ID: 15-00972zc APPLICANT: Iris Escarra, Esquire, on behalf of Rebuild Miami Eden Park LLC PROJECT ADDRESS: Approximately 730,742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739,749, 755, 761 and 765 NW 35 Street FOLIO NUMBER: Multiple (See graphics) COMMISION DISTRICT: District 1 NET OFFICE: Allapattah 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 multiple parcels along NW 36th Street and NW 35th Street between NW 7th Avenue and NW 8th Avenue. The proposed change of zoning for the parcels fronting NW 36th Street is from T5-L (Urban Center Transect Zone Limited) to T6-8-L (Urban Core Transect Zone Limited), and T4-R (General Urban Transect Zone Restricted) to T5-L. (Urban Center Transect Zone Limited) for the parcels fronting NW 35th Street (Complete legal description is on file with the Hearing Boards Section). BACKGROUND: The subject area consists of (18) parcels totaling approximately 2.72 acres. Twelve parcels are located, on the north, along NW 36th Street and five parcels,to the south, are located on the north side of NW 35th Street. All parcels are located within a block bounded by NW 7th Avenue, on the east and NW 8th, on the west. The subject parcels are zoned T5-L and T4-R, the northen properties are zoned T5-L and the southern properties are zoned T4-R. The properties, directly to the north, are CS and CI; to the West, it is T3-O and T5-L, and to the East it is T5-L and T4-R. In addition, the properties across NW 7th Avenue,to the East, are zoned D2. 15-00053zc Page 1 of 4 NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Medium Density Multifamily Residential & Restricted Commercial Max. of 65 & 150 D.U. per acre Surrounding Properties NORTH: Public Parks and Recreation SOUTH: Medium Density Multifamily Residential Max. of 65 D.U. per acre EAST: Medium Density Multifamily Residential, Commercial & Industrial Max.65, and 150 D.U. per acre WEST: Restricted Commercial & Medium Density Multifamily Residential Max. of 150 and 65 D.U. per acre ZONING Subject Properties: T5-L; Urban Center Transect Zone Limited Surrounding Properties NORTH: CS; Civic Space/Parks SOUTH: T4-R; Gen. -Urban Transect Zone Residential Max. of 36 D.U. Per acre EAST: T5-L; Urban Center Zone Limited Max. 65 D.U.,and T4-R; Gen. -Urban Transect Zone Residential Max. 36 D.U. WEST: T3-O; Duplex Residential Transect Zone Open Max.18 D.U. 15-00053zc Page2of4 ANALYSIS: Following the above referenced "Background", this proposal for rezoning is taking in consideration criteria set forth in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21: Rezone of 730, 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739, 749, 755, 761 and 765 NW 35 Street from T5-L & T4-R to T6-8-L & T5-L Criteria: 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. Analysis: Previously under Zoning Ordinance 11000, south of NW 36th Street was zoned C-1 (Restricted Commercial) and the properties fronting the northern portion of NW 35th Street were R-3 with a "SD-12" Overlay District which was typically for the use of surface parking with a Class II Special permit, which required design review to mitigate potential adverse effects to the residential street. The applicant's proposed rezoning of 730, 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739, 749, 755, 761, and 765 NW 35 Street is more reflective of the intrusion of higher intensity commercial development into the neighborhood, rather than a protective measure to buffer the established residential neighborhood from the D-2, east of NW 7'h Avenue, and D-1, three blocks west of the subject properties. While successional, staff finds the proposed rezoning of 730,742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739, 749,755, 761 and 765 NW 35 Street from T5-L & T4-R to T6-8-L & T5-L to be an intrusion into the surrounding T4-R residential districts. Finding: Inconsistent with the intent of Miami 21 Zoning Code CONCLUSION: The proposed change of zoning is incompatible with the density and intensity of the adjacent Transect Zones. It represents an intrusion of intensity and commercial uses into an established residential neighborhood. Staff finds the zoning request to be inconsistent with the goals of the Miami 21 Code as it is incompatible with the surrounding zoning district and fails to enhance an appropriate zoning transition. 15.00053zc Page 3 of 4 RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning & Zoning Department recommends Deni f the_ roposed rezoning as presented. Chr topher Brimo Chief of Land Development T. Perez 15-00053zc Page 4 of 4 MIAMI 21 ZONING MAP (EXISTING) T3-O NW 34TH ST `AVE T5L T5-L i 7 T4-R Lj T4-R x 1- NW 35TH ST NW 35TH ST T4-R NW 34TH ST w co W 33RD 0 150 300 600 Feet ADDRESS: 730,742,750,756,762,768,776,780 & 786 NW 36 ST I i I I 739,749,755,761 & 765 NW 35 ST MIAMI 21 ZONING MAP (PROPOSED) T5-L T3-O NW 34TH ST O~ a '�T6-8-L co 11111T5LIIII Lj T4-R x 1- NW 35TH ST NW 35TH ST T4-R NW 34TH ST w co W 33RD 0 150 300 600 Feet ADDRESS: 730,742,750,756,762,768,776,780 & 786 NW 36 ST I i I I 739,749,755,761 & 765 NW 35 ST 0 75 150 1 300 Feet 11111111 AERIAL 15-00972zc 730, 742, 750, 756, 762, 768, 774, 780, 786 NW 36 ST and 739, 749, 755, 761, and 765 NW 35 ST Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-1 6-008 File ID 15-00972zc January 20, 2016 Item PZAB.8 Mr. Juvenal Pita offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL, WITH CONDITIONS, 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 OF THE PROPERTY LOCATED AT APPROXIMATELY 730, 742, 750, 756, 762, 768, 774, 780 AND 786 NORTHWEST 36TH STREET AND 739, 749, 755, 761 AND 765 NW 35TH STREET, MIAMI, FLORIDA FROM T5-L (URBAN CENTER TRANSECT ZONE LIMITED) TO T6-8-L (URBAN CORE TRANSECT ZONE -LIMITED), AND T4-R (GENERAL URBAN TRANSECT ZONE RESTRICTED) TO T5-L (URBAN CENTER TRANSECT ZONE- LIMITED); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Melody Torrens the motion passed and was adopted by a vote of 9-0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Adam Gersten Yes Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Absent Mr. Daniel Milian Absent Mr. Juvenal Pina Yes Ms. Melody L. Torrens Yes Mr. Manuel J. Vadillo Yes Mr. David H. Young Absent .�a Fran ctis o rcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) 6?Ji J 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. SW R AND SUBSCRIBED BEFORE ME THIS •-•""aok,(2. Z4-#7- in Notary Name P t DAY OF 4 r Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath 016. 77711f— lot• ' ° ` -state of Florida �:: • l sqt FF 907468 �' lly Expires Aug 6, 2019 onhrough National Notary Assi Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-1 6-008 EXHIBIT "1" 1. Changing the Zoning Classification of the property located at approximately 730, 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739, 749, 755, 761 and 765 NW 35TH Street, Miami, Florida from T5-L to T6-8-L, and T4-R to T4-L; and, 2. The applicant shall modify the language in its covenant proffered to the City that the uses on the site shall prohibit the following uses: adult entertainment and auto related; and, 3. Modification or release of this covenant shall require reviews and approvals by the Planning, Zoning and Appeals Board and the City of Miami City Commission. Exhibit "A" LEGAL. DESCRIPTION; SURVEY OF LOTS 7-14 AND 23, 24 AND 25 OP EDEN PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN THE PLAT BOOK 7, PAGE 29, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. EXCEPT; LOT 7; LESS THAN NORTH 2 FEET, AND LOT 25, LESS SOUTH 5 FEET THEREOF, EDEN PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN THE PLAT BOOK 7, PAGE 29, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.