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HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR CHANGE OF ZONING APPLICANT: Pedro J. Enriquez, Miami Green Houses, Miami Management Group, Inc. and Marks Subdivision Apt. LLC FILE ID: 15-00973zc PROJECT ADDRESS: 30, 48, 54 & 62 NW 34 Street ZIP: 33127 NET OFFICE: Wynwood / Edge Water HEARING DATE: 9/16/15 COMMISSION DISTRICT: District 5 ITEM: PZAB.7 A. GENERAL INFORMATION: REQUEST: Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicants are requesting a change of zoning for a group of parcels zoned T3-0 "Suburban Transect Zone" to T4-0 "General Center Transect Zone". The subject properties form part of the Wynwood Park Subdivision and are located within the Wynwood / Edgewater NET area. The parcels combined lot area is approximately 29,993 sq. ft. (+/-0.68 acres). The parcels are the 2nd, 3rd, 4th and 5th interior lots located at the southwest corner of NW 34th Street and North Miami Avenue. (Complete legal description is on file with the Hearing Boards Section). B. BACKGROUND: The subject site is comprised of six individually plated lots. Lots 9, 10 and 11 consist of a light industrial facility constructed in 1925 and has been in continued use since. Lots 12,13 and 14 consist of three (3) multi -family, single story residential craftsman and mission style bungalows constructed between 1925 and 1938. Lots 9, 10, 11, 12, 13 and 14 are located on the south side of NW 34th Street as per Exhibit A entitled "Lots 9 through 14 of Block 12 of the Wyndwood Park Subdivision" attached hereto. The properties were previously zoned Two -Family Residential District "R-2" under 11000 and were subsequently rezoned on April 2010 under Miami 21 to Suburban Transect Zone "T3-0". 15-00973zc Page 1 of 6 C. COMPREHENSIVE PLAN: The requested zoning designation of T4-0 is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of Duplex Residential. As such, the applicants have submitted an application to amend the land use designation from "Duplex Residential" to "Low Density Restricted Commercial", as a companion item under File No. 15-009731u. D. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T3-0 Sub -Urban Transect Zone (Miami Equipment Services) Surrounding Properties FUTURE LAND USE DESIGNATION Duplex Residential Maximum of 18 D.U. per acre NORTH: T5-0; Urban Center Transect Zone Medium Density Restricted Commercial (adjacent) Commercial Maximum of 65 D.U. per acre T3-0; Sub -Urban Transect Zone Duplex Residential (adjacent) Wyndwood Park Subdivision Maximum of 18 D.U. per acre SOUTH: T3-0; Sub -Urban Transect Zone Duplex Residential (adjacent) Wyndwood Park Subdivision Maximum of 18 D.U. per acre EAST: T5-0; Urban Center Transect Zone Medium Density Restricted Commercial (adjacent) Commercial / Retail Maximum of 65 D.U. per acre WEST: T3-0; Sub -Urban Transect Zone Duplex Residential (adjacent) Wyndwood Park Subdivision Maximum of 18 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 rezoning's: 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. 15.00973zc Page 2 of 6 Analysis: Lots 9, 10 & 11 are legally platted parcels located within the Wyndwood Park Subdivision. Said lots are joined to form one parcel under the following address (30 NW 34 Street). The principle structure on site houses an equipment, and wood mill / cabinet manufacturing business. The principle structure was constructed in 1925 and has operated as a commercial facility since. Staff finds the proposed zoning request is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts and provides a transition in height and intensity. Staff notes that lots 9, 10 and 11 directly abuts a T5-0 to the east and north. See Image 1 below. Rezoning lots 9 through 11 would provide a transition in height and intensity between the T5-0 transect zone to the north and east. Furthermore rezoning said lots would bring the current legal non -conforming business more into conformity with the proposed transect zone of T4-0. As noted above the property has been operating as a commercial use since 1925. Finding: Consistent with the intent of the Miami 21 Code Max 19 du/ac T3-0 T3-0 Max 19 du/ac T5-0 Max 65 du/ac T5-O !Max 150 du/ac E - T 24A-0 ! N Image 1 Analysis: Lots 12, 13 and 14 (48, 54 & 62 NW 34 Street) are legally platted parcel located within Wyndwood Park Subdivision. Staff finds the proposed zoning request is inconsistent with the goals of the Miami 21 Code as the request is not compatible with the surrounding zoning districts nor would it provide a transition in height and intensity. Staff notes that rezoning lots 12, 13 and 14 from T3-0 to T4-0 would allow an increase in density, height and intensity into the clearly established residential district to the west of North Miami Avenue. Said rezoning would allow for further intrusion of commercial uses into the predominantly single story neighborhood such as but not limited to General Commercial, Office, Parking Facilities, 15-00973zc Page 3 of 6 Entertainment and Food Establishment uses. See chart entitled "Building Function: Uses" below: "Building Function: Uses" Excerpt of Article 4, Table 3 of Miami 21 Code" how the new uses will impact the surrounding area with the proposed rezoning. 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 9 18 R R R R R R R R R R R E E E E E E T4 36 36 36 R R R R R R R R R R R R R R R E E R R R R R W R R R R R R R R E E R R W W E R R E R R 15.00973zc Page 4 of 6 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 T3 W W W E E E E E E E E E T4 W W W W W E W W W W W W E W W E E E E E E E E E E E R R E "Building Function: Uses" Excerpt of Article 4, Table 3 of Miami 21 Code" illustrate how the new uses will impact the surrounding area with the proposed rezoning. The intrusion of commercial uses into the residential district and the increase in density from 18 dwelling units to 36 dwelling units per acre in addition to an increase in height from 2 stories (25' to eave max) to 3 stories (40' max height) may have an adverse negative impact in the Level of Services (LOS) and character of the neighborhood. (See Image 2) Furthermore, staff notes that rezoning Lots 12, 13, and 14 will allow for the encroachment of higher intensity and height in the neighborhood. Staff has expressed concerns that the up -zoning of said parcels may put at risk the remaining residential structures within the Wyndwood Park Subdivision. Finding: Inconsistent with the intent of the Miami 21 Code Existing Zoning _I I I I L.LL L NW 341-H TER Image 2 11111111 NW 33RD ST I n} Proposed Zoning PM—i L11_LL I _ ll_LU L_l NW 34TH TER -II11I11 NW 34TH ST T4-O 1T5 o s o m0 9 N NE 15-00973zc Page 5 of 6 F. NEIGHBORHOOD SERVICES: Code Compliance Building Historic Preservation Environmental Resources NET G. CONCLUSION: No Objection Required No Objection pursuant to staff's recommendations. No Objection No Objection Lots 9,10 and 11 (30 NW 34th Street) The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning for Lots 9, 10 and 11. Staff finds the proposed zoning request is consistent with the goals of the Miami 21 Code and the (NCD-2) as the request is compatible with the surrounding zoning districts and provides an appropriate transition in height and intensity. Furthermore rezoning said lots will bring the existing legal non -conforming business and structures more into conformity with proposed transected zone. Lots 12, 13 and 14 (48, 54 and 62 NW 34th Street) The Department of Planning and Zoning recommends denial of the applicant's request for a change of zoning for Lots 12,13 and 14. The proposed change of zoning is an intrusion of a higher density and intensity into the transitional zoning. As such, the proposed request would be incompatible as there is no T4-0 adjacent to the property. Staff finds the zoning request for Lots 12,13 and 14 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. 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 approval of the proposed rezoning as presented for Lots 9, 10 and 11 (30 NW 34th Street) and denial of lots 12, 13 and 14 (48, 54 and 62 NW 34th Street). Christopher Brimo AICP Chief of Land Development 8/31/15 Efren Nunez 15.00973zc Page 6 of 6 EXHIBIT A "Lots 9-14 of Block 12 of the Wyndwood Park Subdivision" 30, 48, 54 & 62 SW 34 ST. Rezoning 15-00973zc EXHIBIT A Lots 9-14 of the Wyndwood Park Subdivision (15-00973zc) 0 NORTH SCALE: 1--20- - -t BOUNDARY SURVEY NW 34th STREET AM Zoe wow • - .. X lei leolterr Lr. f melt- It ate eseir-ow Lot 14 62 NW 34 ST Lot 13 54 NW 34 ST Lot 12 48 NW 34 ST Lots 11,10&9 30 NW 34 ST 41 e YOU NM era eaa r: f pOA ,I} LOCAL Drear11014r Lots 3. PC.)),12, 13 4 14 dock 12 cf 11,0011,44X70 Pfr . accorPubic Records d Meng -Dade County. floreeto Ole plit thereof as recordedn Part Book 5 Page 23 of she +.:- W ter:'"' �� J111•rt•wa-f i.teram. +MrG• t+wwwar ma10 "'etas Iv *Ai t/r to et l+ra+tre llr` rbt nor nr. Jr feign== lit (1 t 11112MMi1yyI1�MMttp0 ,i J +IMNMMMkitwi TOGAN* OOP lint NM NOTES: I) The herein ceeseed Property errs sinecied and dootobed bead on the share leg/ Demon ar Fronded by Ciert. 2) The Caticatron a only for the hurls d derrbeel It na not a mticadm of Tett, Zooms fareruner, or foe loo of firswbrweb. A66IRAGT 010F RLM1aEMID. 3) Thane my be addtn.i Retartapse rot down on ear envy that N/ be bad n teat fete Ree ente of Mu►Ctade Gooey, Etuenatpn of erne clotatalrkfaff Nee not performed to determine Wobbled .etnrntoto f any affecting the property. 41 Ataracyl The expected use of the laid, an cleel/ted In the Mtwaae TeenerI Stemd> (5.I.17), a 7Ajh Rail. geadeewe The ✓ enewer neetm a dream accuracy for the tyre of boundary envy o 1 foot in 10,000 fee. The acevacy one a ed by raeaeueterb and caki+1on ore dead gtoitttnc Ire meter bud to creed tie 5) faitdattae atdlor 'comp that my crow br/ord the boundary hoes of the pored helm eesrnb¢d are nee shorn hereon. Gl Not vial ragout the sermon and the mend reed seal of a I'01v1 Issued Nowyar and Mmpps. MOW* w delettao to meey maps or ref Oft by either Mon the twiny Forty or penmen no froleb'ted .(tone NOON coot of the Staten party or potato. 7) Contact the appropriate amlont/ poor to an/ deb r Tort on pee hour deserted parcel for !Weiss and Zoning fibro ee. 8) 1MNrnrund dates are not depicted le to% contact the appal•ote: ▪ prior to any diesel mirk or canatnemn oe the poverty teen eetiOnterd. Bung ce Mall be fondled as to any donation from utlhn sheen hereon, 01 enwa to 011441041 CV TIME 1 11 T of f Omer Boundary 5wwsy 121 North arrow dre1ben and bewnee are boned on Cone We of MN 34 Suet of ktrewahle Comity, Ronde 131 dot etono are breed oar Thtalr Geodetic Veohnl Daum of 1 ff29 141 Bosch Mork I/aedr City of Mew !Jere 16.030.O 26m 15,770 N.G.V.O. f 5) Property Address+ 1 G) flood iorto xr 20.30, 48, 54 4 G2 NW 34 5tmt Pad Na,tber1205GCO294 C Malty. Pl. 33127 Oa o 5C7 1 1, 2009 ease flood "Seer.= wan SURVEYORS CERTIFICATE: I flabby Contdy to the bast of ny mor, 0 told trot kris ar mere e a true and representation reprrtation of the 51.110Srt, of tee tell pepotty deeertbad hereon. I ir)ler err* Nut pee cave; ,w5 preportd.t eccctdtnee n1Nt the >tpt+bcable Moyle of QUtJ.1 T rim* Arnast7 011 CMk. 0ngoe Feb 8drviry l*c Just . -f kti*it 1 • A 11 g 1 1. 1 i 1 :rid ewer fisnda, ,Zt9ad(ta n Ho. 31 G2 ! f w MIAMI 21 ZONING MAP (EXISTING) i R CI NW 36TH ST NW 35TH ST T4-R IN NW 34TH TER ■ NW 34TH ST T3-O T3-O NW 33RD ST NW 32ND ST w a T5-O 2 T4-9- 0 150 300 600 Feet I i I I T6-12=0 v,A N 4/4 2 NE 34TH ST NE 32ND ST N ADDRESS: 30, 48, 54 & 62 NW 34 ST NW 36TH NW_ 34TH TER. 34TH,ST NW 33RD ST 32ND ST NE►34TH ST ai)El o'ns10 Ui,-14.E4.fe; Ge0' A 1-6-boo r677, :514 ` �u-�i)Jup}l 3 ,"°\ bus D i 52;w Lrjea,ao%',, i ipp1suj, / ThJ ad IGN, mIfGP,: p,I 3,o7� 0 150 300 600 Feet I i I I ADDRESS: 30, 48, 54 & 62 NW 34 ST 0 150 300 600 Feet ADDRESS: 30, 48, 54 & 62 NW 34 ST VGne , sc, Trui ', 11 Print Notary Name Personally know Ck or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath °t Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-1 5-060 File ID 15-00973zc September 16, 2015 Item PZAB.6 Mr. Charles A. Gibson 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 T3-O TO T4-0, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Maria Beatriz Gutierrez, the motion passed and was adopted by a vote of 7-1: Ms. Jennifer Ocana Barnes Absent Mr. Chris Collins No Ms. Maria Lievano-Cruz Absent Mr. Charles A, Garavaglia Yes Mr. Charles A. Gibson Yes Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Absent Mr. Daniel Milian Yes Mr. Juvenal Pina Absent Ms. Melody L. Torrens Yes Mr. Manuel J. Vadillo Yes Mr. David H. Young Yes Francisco Garcia, Director PI ning~'and Zoning Department le) )4./ Execution Date STATE OF FLORIDA COUNTY OF MIAMI-DADE ) 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 I `I DAY 014; 10 , 2015. u lic State Notary of Florida My Commission Expires: VANESSAThUJILLO a+?' , , MY COMMISSION # FF 229944 EXPIRES: July 11, 2019 '9l,}'' • Bonded Tin Notary public Underwriters