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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoANALYSIS FOR Change of Zoning PROJECT ADDRESS: 3801 Biscayne Boulevard and 455 NE 38 Street FILE ID: 09-00863zc APPLICANT: Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. COMMISSION DISTRICT: District 2 NET OFFICE: Upper Eastside ZONING DESIGNATION: T4-R 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 the north side of NE 38th Street between Biscayne Boulevard and NE 5th Avenue. The proposed change of zoning for these parcels is from T4-R (General Urban Transect Zone Restricted) to T5-O (Urban Center Transect Zone Open). (Complete legal description is on file with the Hearing Boards Section). BACKGROUND The applicant's assemblage consists of two (2) parcels totaling approximately 1.36 acres. The larger of the two parcels is currently split zoned. The portion of this parcel fronting Biscayne Boulevard is zoned T6-12-L, the remaining portion of the parcel is zoned T4-R. This rezoning application only applies to the portion of this parcel zoned T4-L, and the entire second parcel which fronts NE 5th Avenue, hereafter referred to as the "subject site". The subject site is approximately .75 acres, and located on a block bounded by Biscayne Boulevard on the west, NE 38th Street on the south, NE 5th Avenue on the east, and NE 39th Street on the north. There is a higher density activity center that impacts this area; the Miami Design District Retail Street (MDDRS) SAP. This district begins at Biscayne Boulevard and extends west to NE 42st Street, consisting of property zoned T5-O, T6-8-O, and T6-12-0. The portion of the Design District closest to the subject site is zoned T6-12-0. The area proposed to be rezoned is located within the Upper Eastside NET area, and Commission District 2. Most of the surrounding area is fully developed, although there is a substantial amount of undeveloped land across NE 39th street, to the northeast of the subject site. There is also a historic property abutting the subject site to the northeast, called the Walter Flanders House. This rezoning and Future Land Use Map (FLUM) amendment application was heard by the Planning Zoning and Appeals board on September 18th, 2013, and was deferred indefinitely. The applicant has chosen to have the rezoning and associated future land use map amendment reheard on December 2nd, 2015. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Medium Density Multifamily Residential Maximum of 65 D.U. per acre Surrounding Properties NORTH: Medium Density Multifamily Residential Maximum of 65 D.U. per acre SOUTH: Medium Density Multifamily Residential Maximum of 65 D.U. per acre EAST: Medium Density Multifamily Residential Maximum of 65 D.U. per acre WEST: General Commercial Maximum of 150 D.U. per acre ANALYSIS ZONING Subject Properties: T4-R; General Urban Transect Zone Restricted Maximum of 36 D.U. per acre Surrounding Properties NORTH: T4-R; General Urban Transect Zone Restricted Maximum of 36 D.U. per acre SOUTH: T5-R; Urban Center Transect Zone Restricted Maximum of 65 D.U. per acre EAST: T4-R; General Urban Transect Zone Restricted Maximum of 36 D.U. per acre WEST: T6-12-L; Urban Core Transect Zone Limited Maximum of 150 D.U. per acre Following the above referenced "Background", this proposal for rezoning is taking into consideration criteria set forth in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21: A change may be made only to the next intense 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. Previously under Zoning Ordinance 11000, the western half of the block bounded by Biscayne Boulevard on the west, NE 38th Street on the south, NE 5th Avenue on the east, and NE 39th Street on the north was zoned SD-8 (Design Plaza Commercial -Residential District). The intent of this designation was; "to strengthen and encourage the expansion of design service activities in this area by allowing greater intensities for appropriate design -oriented service uses coupled with meaningful ground level pedestrian open spaces and active street -level walking environments. Greater intensities for mixed -use development sites abutting principal arterial roadways are File Id. 09-00863ZC Page 2 of 4 promoted to accommodate a diverse range of building types at locations suitable for increased intensity and diversification of land uses to encourage mixed residential and design/commercial space and multiple use developments, particularly live -work environments, as a primary objective." While no longer valid, the character created by the SD-8 designation primed this area to evolve into the Miami Design District Retail Street Special Area Plan (MDDRSSAP) under Miami 21. The intent of this SAP is as follows; "To guide the design, construction and management of a new retail pedestrian street and its surrounding city streets in the Design District to ensure a high quality, mixed use, pedestrian experience... The Building Facade lines of the Miami Design District Retail Street SAP are drawn to support the continuity of the existing Design District street wall, to form the sequential character of the pedestrian street experience, and to give store tenants appropriate space distribution and visibility." It is important to note that while the applicant's assemblage is not within the Design District, it is abutting the SAP boundary. This proposed zoning change is intended to accommodate a mixed use, though largely residential project. The application as presented would rezone the subject site from T4-R to T5-O. This requested rezoning is successional as required by Article 7, Section 7.1.2.8 (a) 3, and an extension of an existing transect zone. However, after analyzing the site conditions and surrounding context, planning staff is recommending that the subject site be rezoned to T5-L instead. Planning Staff considers T5 an appropriate transect zone for several reasons. There is a general inconsistency between this area's existing zoning designation and its underlying FLUM designation. Based on the Miami Comprehensive Neighborhood Plan correspondence table, the zoning designation associated with Medium Density Multifamily Residential is T5-R. Therefore, the underlying future land use designation is already primed for the density and intensity allowed within the T5 transect zone. This condition is currently found abutting the subject site to the south, which is also located within the large area of Medium Density Multifamily Residential, but has a consistent zoning designation of T5-R. The fact that much of this area could be rezoned to T5-R without amending the FLUM designation suggests that this is an appropriate zoning designation for the area. The fact that there is an inconsistency between the existing zoning and underlying future land use map designation alone does not fully justify a rezoning. It is also essential to take into account Article 7, Section 7.1.2.8 (a), it is a requirement that the proposed zoning change shall maintain the goals of Miami 21 to preserve neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. The western portion of the subject site abuts property zoned T6-12-L. Generally, the ideal transition would be from T6 to T5 and then to T4. Here, however, there is property zoned T6-12-L immediately abutting property zoned T4-R. Rezoning the subject site to T5-L will produce this more desirable transition in intensity, density, building height, and scale. There is also a requirement that a rezoning preserve neighborhoods. This area largely has a two- story multifamily residential fabric. Much of the subject site is an existing surface parking lot, with the eastern parcel containing a two-story multifamily structure. Redevelopment of the subject site, much of which is merely a surface parking lot, will enhance the neighborhood. While the rezoning as proposed will increase the allowable height from three -stories to five -stories, the subject site is buffered from the abutting properties by an alley on its north and west edge. The subject site abuts a historic property, called the Walter Flanders House. This historic property will be affected by a rezoning from T4-R to T5-L, potentially abutting a larger structure. The lot on File Id. 09-00863ZC Page 3 of 4 which the Walter Flanders House is located is separated from the subject site by an alley, and the historic structure is sited towards the front of the lot. Additionally, there is a substantial vegetative buffer screening the historic property on all sides. While this rezoning will have some impact on the property, the most substantial negative impacts are mitigated by existing site conditions. Planning is making the recommendation that the property be rezoned to T5-L rather than the applicant's initial request of T5-O. T5-O would allow the full range of the transect zone's commercial uses to occupy the entire volume of the building. This potentially reflects a substantial commercial intrusion into an existing neighborhood. However, under T5-L, the range of allowable commercial uses is slightly narrowed, limited to the first and second stories, and a maximum of 25% of the building's floor area total. By limiting the amount of commercial space allowed on the property, it is more likely that the future tenants will cater to the captive market of the surrounding neighborhood. Additionally, NE 38th Street has a relatively high volume of average daily traffic as it is the first mainland Miami westbound exit off of 1-195, further justifying the provision of some commercial activity. FDOT reported 13,500 average annual daily trips (AADT) on this road segment in 2014. As a basis for comparison, NW 2nd Avenue between 29th and 36th Street is largely a T5-O corridor, with an AADT of 7300. SW 1st Street between SW 17th Avenue and the Miami River is almost entirely a T6-8-O and T6-12-0 corridor, with an AADT of between 12,500 and 8,100. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends denial of the proposed zoning change as presented, but recommends approval of the proposed zoning change with the condition that the entire subject site be rezoned to T5-L. O� Christopher Brimo Chief of Land Development J. Eisenberg File Id. 09-00863ZC Page 4 of 4 0 MIAMI 21 ZONING MAP (EXISTING) NE'37TH ST - pt‘vj. 150 300 alter Flanders House NE 39TH ST 600 Feet NE 37.TH,ST JULIA TUTTLE CSWY T6-36A-L ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST 0 NE'37TH ST 150 M IAM 121 ZONING MAP (PROPOSED) 300 alter Flanders House NE 39TH ST NE,38TH ST 600 Feet NE 37,TH,ST JULIA TUTTLE CSWY T6-36A-L ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST _ ,t�t,l�lllllll(11�I� MDDRS alter Flanders House 7ti NE 39TH,ST I vie NE 371,TH-ST p� �"'NE.37.TH,ST�" JULTA TUTTLE CSWY JILJ1111'IUI ,r 1 NE38TH.ST • - NE,36TH ST 0 150 300 600 Feet ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST File ID 09-00863zc1 Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-010 February 17, 2016 Item PZAB.2 Mr. David H. 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 "T4-R" GENERAL URBAN ZONE - RESTRICTED TO "T5-O" URBAN CENTER ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3801 BISCAYNE BOULEVARD ("T4-R" PORTION ONLY) AND 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Jennifer O.Barnes the motion passed and was adopted by a vote of 6-1: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Adam Gersten Ms. Maria Beatriz Gutierrez Dr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pina Ms. Melody L. Torrens Mr. Manuel J. Vadillo Mr. David H. Young gib Frahcisco_Gatrcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Yes Absent Absent Yes No Absent Absent Yes Yes Yes Absent Yes D 0-0 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 foreioing Resolution. SWOrA D SUBSC BED BEFORE ME THI 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 Notgy,,'Pnilt' Isa Commission # My Comm. Expires Aug 6, 2019 Bit ied through National Notary Assn.