HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami
Planning and Zoning Department
Division of Land Development
ANALYSIS FOR
CHANGE OF ZONING
FILE ID: 15-00974zc
APPLICANT: Steven j. Wernick on behalf of 4201 Design West LLC (the "Owner")
PROJECT ADDRESS: 4201 NW 2 Avenue. ZIP: 33145
NET OFFICE: Little Haiti COMMISSION DISTRICT: District 5
GENERAL INFORMATION:
REQUEST: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the
applicant is requesting a change of zoning for a parcel assigned with two zoning
classifications, from T3-L "Sub -Urban Transect Zone - Limited" (eastern portion) and T4-L
"General Urban Center Transect Zone - Limited" (western portion) to T4-O "General Urban
Center Transect Zone - Open", as follow:
TABLE 1. REQUEST DESCRIPTION
Address: 4201 NW 2nd Avenue
Folio #: 01-3124-020-0280
Lot Area: approximately 17,273 sq.ft. (0.40 acres)
Portion
FLUM
Zoning classification
Current
Proposed
Current
Proposed
Eastern
Duplex - Residential
Low Density
Restricted
Commercial
T3-L (Sub -Urban Transect
Zone Limited)
T4-0 (General Urban
Transect Zone Open)
Western
Restricted Commercial
No Change
proposed
T4-L (General Urban
Transect Zone - Limited)
T4-0 (General Urban
Transect Zone - Open)
The subject parcel is an irregular shaped corner lot of approximately 0.4 acres, located on the
southwestern corner of the block bounded by NW 44th Street to the north, by NW 1st Avenue
to the east, by NW 42nd Street to the south and by NW 2nd Avenue. (Complete legal description
is on file with the Hearing Boards Section).
City of Miami
Planning and Zoning Department
Division of Land Development
BACKGROUND:
The subject property had also split zoning under Z.O 11000, having the eastern portion
designated with R-2 "Two -Family Residential" and the western portion with C-1 "Restricted
Commercial"; the property was subsequently rezoned on April 2010 with the adoption of Miami
21 to T3-L "Urban Transect Zone- Limited" and T4-L "General Urban Center Transect Zone -
Limited" respectively.
COMPREHENSIVE PLAN:
This rezoning of the eastern portion requires a Future Land Use Map (FLUM) amendment
from Duplex Residential to Low Density Restricted Commercial which is requested in the
companion item identified with the File ID #: 15-009741u.
NEIGHBORHOOD CHARACTERISTICS:
ZONING
SUBJECT PROPERTY
EASTERN PORTION
T3-L (Sub -Urban Transect Zone - Limited)
Limited to 9 D.U. per acre
WESTERN PORTION
T4-L (General Urban Transect Zone - Limited)
Limited to 36 D.U. per acre
SURROUNDING PROPERTIES
NORTHWEST: T4-L (General Urban Transect Zone - Limited)
Limited to 36 D.U. per acre
NORTHEAST: T3-L (Sub -Urban Transect Zone - Limited)
Limited to 9 D.U. per acre
EAST: T3-L (Sub -Urban Transect Zone - Limited)
Limited to 9 D.U. per acre
SOUTHEAST: T3-O (Sub -Urban Transect Zone - Open)
Limited to 9 D.U. per acre
SOUTHWEST T4-O (General Urban Transect Zone - Open)
Limited to 36 D.U. per acre
WEST T4-L (General Urban Transect Zone - Limited)
Limited to 36 D.U. per acre
FUTURE LAND USE
DESIGNATION
Duplex - Residential
Restricted Commercial
Restricted Commercial
Restricted Commercial
Duplex - Residential
Duplex - Residential
Restricted Commercial
General Commercial
File ID#: 15-00974zc
Page 2 of 7
City of Miami
Planning and Zoning Department
Division of Land Development
Existing Future Land Use Map (FLUM)
NORTHWEST
(Rest Comm)
WEST
(Rest Comm)
NOF
SOUTHWEST
(Gen Comm)
THEA
uplex
ST
EAST
uple
K)
SOUTHEAST
(Duplex)
ANALYSIS:
Existing Zoning Classification
NORTHWEST
(T4-L)
NOF
(
ST
The following is a review of the request pursuant to the rezoning criteria in Article 7, Section
7.1.2.8 (a)(3), (c)(1) & (f)(2) of Miami 21. The Background section of this report is hereby
incorporated into the analysis and its corresponding criteria by reference:
Criteria Except where the proposal for the rezoning of property involves an extension
of an existing Transect boundary, no rezoning of land shall be considered which
involves less than forty thousand (40,000) square feet of land area or two
hundred (200) feet of street Frontage on one (1) street.
Analysis: The request involves an extension to the north of the existing Transect
boundary (T4-O) located directly south to the subject parcel.
Finding: The request involves an extension of an existing Transect Zone, hence it is
compliance with the Miami 21 Code criteria for such request.
Criteria A rezoning may be made only to a lesser Transect Zone; within the same
Transect Zone to a greater or lesser intensity; or to the next higher Transect
Zone, or through a Special Area Plan, and in a manner which maintains the
File ID#: 15-00974zc
Page 3 of 7
City of Miami
Planning and Zoning Department
Division of Land Development
goals of the Miami 21 Code to preserve Neighborhoods and to provide
transitions in intensity and building heights.
Analysis: The subject property has two zoning classifications and the request is seeking
to unify the zoning classification for the entire property; the eastern portion is
classified T3-L "Sub -Urban Transect Zone - Limited" and the western portion
T4-L "General Urban Center Transect Zone - Limited". The requested rezoning
is to T4-O "General Urban Center Transect Zone - Open".
Even though the requested zoning change for the eastern portion from T3-L to
T4-O proposes a rezoning to the next higher Transect Zone, the new zoning
classification allows for more uses and higher intensity. Appropriate buffers to
protect the abutting single-family residential neighborhood to the northeast,
east and southeast must be considered. The density as limited by the zoning
classification will be increasing from 9 to 36 DU/acre.
The requested zoning change for the western portion, from T4-L to T4-O,
proposes a rezoning within the same Transect Zone to a greater intensity while
maintain the density in 36 DU/acre.
Finding: The request comply with the successional zone transition in density and
intensity which is consistent with the goals of the Miami 21 Code.
Letters of support
The applicant submitted letters of support in representation of six (surrounding properties as
follow:
Address
Owner or Owner Representative
in support of the application
4215 NW 2 Ave
Norman Segall
3930 NW 2 Ave
Alexander Boria
188 NW 44 St
Norman Segall
3922 NW 2 Ave
Alexander Boria
4301 NW 2 Ave
Norman Segall
4151 NW 2 Ave
Norman Segall
File ID#: 15-00974zc
Page 4 of 7
City of Miami
Planning and Zoning Department
Division of Land Development
In regards to the uses allowed, "Table2. Excerpt of Article 4 Table 3 of Miami 21 Code" shows
how the new uses will impact the surrounding area with the proposed rezoning.
Table 2. 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
LODGING
BED & BREAKFAST
INN
OFFICE
OFFICE
COMMERCIAL
ENTERTAINMENT ESTABLISHMENT
FOOD SERVICE ESTABLISHMENT
ALCOHOL BEVERAGE SERVICE
ESTAB.
GENERAL COMMERCIAL
CIVIC
COMMUNITY FACILITY
RECREATIONAL FACILITY
RELIGIOUS FACILITY
T3
9
R
R
R
R
E
E
N
N
T4
36
1
R
R
R
R
R
E
R
R
R
R
R
1
R
R
E
R
W
R
R
T4
R
R
R
R
R
E
R
R
R
R
R
E
R
W
R
R
N
T4
36
R
R
R
R
R
E
R
R
R
R
R
R
R
E
R
W
R
R
File ID#: 15-00974zc
Page 5 of 7
City of Miami
Planning and Zoning Department
Division of Land Development
Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (Cont...)
CIVIL SUPPORT
COMMUNITY SUPPORT FACILITY
INFRASTRUCTURE AND UTILITIES
MARINA
PUBLIC PARKING
TRANSIT FACILITIES
EDUCATIONAL
CHILDCARE
ELEMENTARY SCHOOL
LEARNING CENTER
MIDDLE / HIGH SCHOOL
PRE-SCHOOL
RESEARCH FACILITY
SPECIAL TRAINING / VOCATIONAL
CONCLUSION:
T3
W
1
E
E
E
T4
W
W
W
W
W
W
E
E
E
E
R
E
T4
W
W
W
W
W
W
E
E
E
E
R
T4
IMP
W
W
W
W
W
W
E
E
E
E
R
E
The application is for the rezoning of the property located at 4201 NW 2nd Avenue, which currently
operates a Day Care facility. The requested rezoning on the portion facing NW 2nd Avenue is the
minimal possible request and the rezoning for the eastern portion will unify the zoning
classification of the property mirroring the existing transition to the south.
The request complies with the requirements of Miami 21 Code, and any future development has
to comply with all applicable regulations, specifically Section 9.7 of Miami 21 Code entitled
"Buffers between dissimilar land uses"
The Department of Planning and Zoning recommends approval of the applicant's request for a
change of zoning as presented.
File ID#: 15-00974zc
Page 6 of 7
A SS
Siff_____
LN OF -
City of Miami
it,
* 11n11 11Af11
1 '' Planning and Zoning Department
'''-1 Division of Land Development
RECOMMENDATION:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned
findings, the Planning & Zoning Department recommends approval of the proposed rezoning as
presented.
Christopher Brimo
Chief of Land Development
8/31/2015 S. Garrido
File ID#: 15-00974zc
Page 7 of 7
MIAMI 21 ZONING MAP (EXISTING)
T3-L
1
J
NW 40TH ST I 1 NW 40TH ST
1 77-
T3-O
1 1 1
0 150 300 600 Feet
I 1 I I
1
ADDRESS:4201 NW 2 AV
MIAMI 21 ZONING MAP (PROPOSED)
ce
NW 45TH ST
NW 44TH ST
NW 43RD ST
T3-L
NW 42ND ST
NW 41ST ST
NW 2ND AVE
T4-O
NW 45TH ST
NW 44TH ST
NW 42ND ST
NW 41ST ST
NW 40TH ST NW 40TH ST
T3-O
I I I
0 150 300 600 Feet
I i I I
J
1
NW 1ST AVE
II
ADDRESS:4201 NW 2 AV
-
44TH ST'-
NW 43RD ST
NW42NDST
41ST ST
40TH ST
API
1'
use
NW: 45T H?ST
..I
42ND ST
NW41ST ST
NW.40TH ST.
•
-� I 1 •
3r�iu a?ego Nmo a l p 4 "§G7b3o<<o m-',1. '
0 150 300 600 Feet
I i I I
ADDRESS:4201 NW 2 AV
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-15-071
File ID 15-00974zc October 21, 2015 Item PZAB.4
Mr. David H. Young offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING
APPROVAL WITH CONDITIONS, ATTACHED AS EXHIBIT 1, 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 T3-L SUB -URBAN TRANSECT ZONE,
LIMITED, AND T4-L GENERAL URBAN TRANSECT ZONE, LIMITED, TO T4-O GENERAL URBAN
TRANSECT ZONE, OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4201 NORTHWEST
2ND AVENUE, MIAMI, FLORIDA; LEGALLY DESCRIBED IN EXHIBIT A, HEREBY ATTACHED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Upon being seconded by Mr. Chris Collins, the motion passed and was adopted by a vote of
11-0:
Ms. Jennifer Ocana Barnes Absent
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 Yes
Mr. Daniel Milian Yes
Mr. Juvenal Pi na Yes
Ms. Melody L. Torrens Yes
Mr. Manuel J. Vadillo Yes
Mr. David H. Young Yes
Franisco;arcia, Director
Planning and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Exec tion D to
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 'DAY OF F .- 2015.
( '4(11)
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
Notary Public State of Florida
My Commission Expires:
<�+� Paq''. VANESSA TRUJILLO
r ! ! '::: MY COMMISSION # FF 229944
P ; EXPIRES: July 11 2019
14; ,'t„. Bonded Thru Notary Public Underwriters
EXHIBIT "1"
File ID 15-00974zc
1. The eastern portion of the property shall change to T4-L General Urban Transect Zone,
Limited.
Exhibit A — Address and Legal Description
Address Folio
4201 NW 2nd Avenue 01-3124-020-0280
Legal Description:
LOT 10 AND THE SOUTH 96 FEET OF LOTS 11 AND 12, LESS THE WEST 5 FEET
OF LOT 12, BLOCK 2, AMENDED PLAT OF BUENA VISTA HEIGHTS, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 22, OF THE
PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA.
(34415393;I)