HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami
Planning and Zoning Department
Division of Land Development
ANALYSIS FOR
CHANGE OF ZONING
FILE ID: 1-00975zc
APPLICANT: Melissa Tapanes Llahues, Esq„ on behalf of MacArthur Properties III, LLC (the
"Owner")
PROJECT ADDRESS: 3701, 3737 Biscayne Blvd., 308 and 316 NE 38 Street ZIP: 33137
NET OFFICE: Upper Eastside COMMISSION DISTRICT: District 2
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 of four parcels zoned T6-12-L "Urban Core
Transect Zone - Limited" to T6-12-O "Urban Core Transect Zone — Open
The subject properties are located within the Upper Eastside NET area. The subject parcels
comprise approximately 0.802 acres, see Table 1, located off Biscayne Boulevard bounded
by NE 38-h Street to the north, by Interstate 195 ramp to the east, Interstate 195 overpass to
the south, and by Biscayne Boulevard to the west. (Complete legal description is on file with
the Hearing Boards Section).
BACKGROUND:
The subject properties were previously zoned SD-8, Miami Design District, which permitted
generally principal uses and structures of C-1 zone, under Zoning Ordinance 11000. The area
was subsequently rezoned on April 2010 under Miami 21 to T6-12-L "Urban Core Transect
Zone - Limited' maintaining the general character of the area.
The subject properties currently consist one structure built in 1954 located on the southwest
corner parcel, a vacant lot on the northeast corner parcel, and two surface parking lots that
serve the existing structure and the former structure. which is now a vacant lot_
City of Miami
Planning and Zoning Department
Division of Land Development
TABLE 1. PROPERTIES: DESCRIPTION AND REQUEST
NET DISTRICT OFFICE: Upper East Side NET
Folio
Address
Area
Luc
Req d
PLUM
Zoning classification
q ft
± Acre
Current
Proposed
_
Current
Proposed
0132190110310
306 NE 38 'Street
10,596
.243
No
General
Commercial
T6-12-L (Urban Core
Transept Zone -
Limited)
T6-12-0 (Urban
Core Transect Zone
- Open)
0132190110290
316 NE 38 Street
10,262
.236
No
General
Commercial
-
T -1 -L (Urban Core
Transect Zone -
Limited)
T6-12-0 (Urban
Core Transect Zone
- Open)
0132190190230
3701 Biscayne Blvd
9,694
.223
No
enerai
Commercial
-
T6-12-L (Urban Core
Transect Zone -
Limited)
T6-12-0 (Urban
Core Transect Zone
- Open)
4
0132190190190
3737 Biscayne Blvd
4,365
.100
No
General
Commercial
-
T6-12-L (Urban Core
Transept Zone -
Limited)
T6-12-0 (Urban
Core Transect Zone
- Open)
Total
34,919
.802
—j
City of Miarni
Planning and Zoning Department
Division of Land Development
kaitt COMPREHENSIVE PLAN: .Ve3.
44 i \\\I
'`Ni The subject parcels are zoned T6-12-L and is consistent with the zoning to the North
conforming a well -established mixed use area. The requested zoning designation of T6-12-O
lir is consistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation
of General Commercial_ Therefore, the requested zoning change does not require a Future
Land Use Map amendment.'
NEIGHBORHOOD CHARACTERISTICS:
Subject Properties
T6-1 2-L (Urban Gore Transect Zone - Limited)
Surroundinp Properties
NORTH: T6-12-L (Urban Core Transect Zone -
Limited )
EAST: T5-R. (Urban Center Transect Zone -
Restricted)
SOUTH: T6-24-O (Urban Core Transect Zone - Open)
WEST: T6-1 -0 (Urban Core Transect Zone - Open)
FUTURE LAND USE
DESIGNATION
General Commercial
Maximum of 150 C D.U. per acre
General Commercial
Maximum of 150 D.U. per acre
Medium Density - Multifamily
Residential
Maximum of 65 D.U. per acre
Restricted Commercial
Maximum of 150 Q.U. per acre
General Commercial
Maximum of 150 D.U. per acre
Criteria A rezoning 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: The proposed rezoning complies with the successional change as allowed in
Miami 21 Code and involves an extension of an existing transect boundary_
The subject property is proposed for a successional up -zoning from T6-12-L to
T6-12-0 following the trend of thischanging area. The T6-12-L Transect Zone
allows Commercial Use limited to the two Story of the Principal Building and
15.O0975zc
Page 3 of 6
City of Miami
Planning and Zoning Department
Division of Land Development
Finding:
Office and Commercial Use shall be less than 25% of the Building floor area
total. Whereas, T6-12-0 does not present such limitation of usage. The
proposed zoning change will mirror the intensity of uses to west and south of
the properties. M 0
Thi& r ipiosed re iuest for a T6-12-0 "Urban Core Transect Zone -Open" is
deemed appropriate for the subject properties given the location along and
adjacent to Biscayne Boulevard, which is a commercial corridor and is located
within walking distance of the Miami Design District Retail Street, and Midtown
area,
Staff finds the proposed zoning request to be consistent with the goals of the
iviiarni 21 Code, as the request is compatible with the surrounding zoning
districts to the west, north, and south along Biscayne Boulevard_
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
WORK - LIVE
T6
F
L 0
150
150
15D
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
1540975tn
Page 4 of 6
ove
.00
osie
.00
City of Miami
Planning and Zo i g Department
Division of Land Development
Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (Cont...)
N C 0 11DENSITY (UNITS PER ACRE)
10101*
LODGING
BED & BREAKFAS
0 INN
OTEL
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
_
RECREATIONAL ESTABLISHMENT
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
Tfi
R
0
150
150
150
E R
R
E
R
R
R
R
W
R
R
R
R
E
W
R
W
W
E
W
R
W
R
R R
E
E R
R
E
W W
W
W
W
E
W
W
E
W
W
E
W
R
R
City of Miami ZSSS
Planning and Zoning Department
Division of Land Development
Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (Cont...)
EDUCATIONAL
CHILDCARE
COLLEGE / UNIVERSITY
ELEMENTARY SCHOOL
LEARNING CENTER
MIDDLE / HIGH SCHOOL
PRE-SCHOOL
RESEARCH FACILITY
SPECIAL TRAINING 1 VOCATIONAL
INDUSTRIAL - - `
AUTO -RELATED INDUSTRIAL ESTBL.
MANUFACTURING AND PROCESSING
MARINE RELATED INDUSTRIAL ESTBL.
PRODUCTS AND SERVICES
STORAGE/ DISTRIBUTION FACILITY
CONCLUSION:
150
150
150
w
w
w
E
W
R
R
E
W
W"
E
R
R
1V W
Staff finds the zoning request is consistent with the goals of the Miami 21 Cade as the request is
compatible with the surrounding zoning districts.
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.
Christopherrimo, AICP
Chief of Land Development
8/14/2015 D. Cook
97
Page 6 o6
MIAMI 21 ZONING MAP
(Existing)
TO
CI
/// ' iffirT6-12-0
iT6-12-0 ///
aIMiamDesign
/Disric� 0
x /
IIAI
Retail,Street,m
Special,Areaz
• P,lan�Q
• /,/ „ ai
T6=12-0'
T3-R
T6-8-O
NE 39THTSTL
1
T4-R
T5=R
1-
L
NE 39TH ST
ri
12-0
ITT—=
NE'36TH ST
NE 35TH TER NE 35TH TER
rionor-
0 150 300 600 Feet
ADDRESS: 3701 3737 BISCAYNE BLVD
306 316 NE 37 ST
MIAMI 21 ZONING MAP
(Proposed)
TO
CI
iT6�///-12'-O,,, I I T6//-12//.O
4•
� i
fI/
MiaDesign
I mDistrict
Retail,Street,m
Special/Areaz
• P, la n��
• T6=12-O'i4
T3-R
T6-8-O
NE 39TH'STL
1
NE 39TH ST
T4-R
T5=R
re]
12-0
ITT—=
NE'36TH ST
NE 35TH TER NE 35TH TER
row-
0 150 300 600 Feet
ADDRESS: 3701 3737 BISCAYNE BLVD
306 316 NE 37 ST
_L: ,111 ,II.I
NE 35TH TER
aagj faph
kpp1
P rapjig
rAl mg
NE►39TH ST
A.
bed Eai thsta r
USCS,EX,
�ndeIti
0 150 300
600 Feet
ADDRESS: 3701 3737 BISCAYNE BLVD
306 316 NE 37 ST
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-15-056
File ID 15-00975zc September 2, 2015
Item PZAB.7
Ms. Maria Lievano-Cruz offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL 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 T6-12-L TO
T6-12-0, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD
AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Upon being seconded by Ms. Jennifer Ocana Barnes, the motion passed and was adopted by a vote of
7-2:
Ms. Jennifer Ocana Barnes Yes
Mr. Chris Collins Absent
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Yes
Ms. Maria Beatriz Gutierrez Absent
Dr. Ernest Martin No
Mr. Daniel Milian Absent.
Mr. Juvenal Pia Yes
Ms. Melody L. Torrens No
Mr. Manuel J. Vadillo Yes
Mr. David H. Young Yes
Frqricisco G,.arcia, Director
Plarmirr and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Execution 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 /`q1DAY OF 6A '<2015. •® �
i,QsSG fir-L� �
Print Notary Name V Notary blic tate of Florida
Personally know . or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
My Commission Expires:
Vic+ VANESSATRUJILLO
$*c MY COMMISSION # FF 229944
EXPIRES: July 11, 2019
Bonded Thro Notary Pubbb Undernitars
Exhibit A
LEGAL DESCRIPTION:
PO,RCEL 1:
Lots 21, 22, 25 and 27 of PLAT f1Uk4B1-.R ONE OF EFJENA YSTA BISCAYNE EIALVIR ClUB :"...044FANY'S
SUBOMS$ON according to the clot thercef, as reccrded in Plot Beak 1 ot Pope 115 of the PAbi,c litexcirds
of Dade Co.inty, Florida, LESS THE FOLLOW/4C,
Begin at the Nor-theeSt Corner of sold Lctt 27; thence Eost along the North fine of 304:1 _ot 27 a distry,ce
ot 40.48 feet to o point. thence Southwesterly to the South line of said lot 27; thence West olon3 the
South 4no of sod Lot 22 a distance of 26.25 feet to the Southwest corner thsrectf thence North along the
West line of sous lot 27 a distance of Tt? 61) feet to the Joint of E:eginr,mg;
AND
Begin et the So-also/05i corner of said Lot 22; thence Northerly otos') the Westerly Ire a' ruhrf Lot 23 3
diStLincrt of 15.00 feta; thence North 43'18'10Cast a distance of 132,33 feet to a pair on the tiortrwly
lint of woid Lot 21; thence Easterly along No•therly time o distance of 29.98 feet to the Northeasterly
corner of said Lot 21; thence 3outt. akmg the East tine of said Lot 21. a distance of 112,00 feet to the Southeastern comer of sod Lot 21; thence West olonq the Southerly tiny ,f said Lcts 21 and 23 a
distance of 120.00 feet tc the Pajn-. of fie4irning
TO-6E141ER AtTli
Lots 30 ant 31, MAGN01.1A PARK, according to the pat thereof, recorded in Piet Book 5, Pogo 25, of the
Pi.bk ecorris o' Doge County, Florida, LESS the •ollowing ceecrioed par0ie. conoeyed to the Mote of Florida
by deed recorder under 58R-187488.
(Al
A strip of land 25 'et width across r North end of Lots 30 one 31. less thist port of Lot 31 oing
in Biscayne Boutevord. of Magnetic Park Subdiyisior, according to peat recorded Plat Rook 51, Page 2..!. of
the Public Recorife of Dade County. Eland°being that port of sold lots lying South of one within 30 tey1
of the survey tine of Job 402. Section 870J, along N F MItn Stneet, and
That pert of Lott 30 and .31 & Mognoleo Parx Subdivison, according to Olt recorded in Plot Book 5, Page
25 of the Public Reccrds of Bode County, Florida, lying Northwesterly of 0 curve corcove to he
Solitneceitert),00.09 o radius cf 25 feet. the Southerly end of e3id curve beim. tangent to the Earderty
right of way tine of Etxrayrie Boulevard, one the Easterly end of so id cynic being tosgent to a lino 2 25
feet South c f and parallel to the North tine of said Lot 30 ond 3!.
PARCEL 2:
La/ 28, lass on excepting that portion of Lot 28. hereholter legally deserbed, and ntt ol Lot 29 ot
ki.A0NOUA PARK- according to the Plot thereof. reccirderi in Plot Book 5 at Page 25 of the PLotic Records
of Dade County, glorida. less the North 2_25 feet thereof; that pert -on of Lot 28 excepted herbyi fe/311Y
dederibed ad f011Ciric
Beginnirg at the Northeasterly corner of scud _ot 28. thence Southerly o!or. thl Easterly line of said not
28. a cistanze of 122.25 teat to tho Southeasterly corner el salt Lot 28; .honce Westerty along the
So.itherty tine of said Lot 28. a distance of 45 64 feet; thence North 431E'10- East, o tonce of 6 82
tett thence Nartle 00-47.1 1. Lott, 0 distance al /5.23 feet thellte North 44'2347 West, a distance of
35 24 feet to a point on he Westerly tine of said Lot 28; !Pence Nonherty Wong the said Westerly tine of
said Lot 28. o distance of 15 feet to the tiarth*eltedy corner of twit Lot 28, thence Eosterly alarg the
tfolhertv line of soid _ot 28, o distance of 68.00 feet to the Pont ot Beginning
THAT AM EXERESS PUPPOSE OF THIS PLAT tS -0 CLOSE, vacArt. AtIANR,ON, AND 01SCONTINJE PROM PUBLIC
LS THAT PORTION Of THE 14-ro0r Aury coNTAInED WITHIN THE
PNACE_. 3:
A portion of the 14,00 foci. wide Mey, lying between tots 21, 23 25 omit 27 of PLAT Nt.148ER. OW OF
guilts vtSTA BISCAYNE BADGET CLUB COUPANY'S SU8ONt3$014 according to tie plat tfvereof, as recorded n
Pleat Book 1 at Page ^15 of the Putlic Records of Ilioni-Oode County, Florida, and Lots 28. 29, 20 and
31, MAGNOLIA PARK. ozcoreing to the plot thereof. recorded n Plat Book 5 Page 25. of the Public Records
of Dode Cooity, Florida. being more particularly depcnbed GS follows
Commerce al the. tnte-section oi the centerlines of Biscayne Boulehord Hignwoy 1447.I. 1. S11010 Rood 5)
with NE 38th Street; thence S05-18.32.W for o distonce of 151.8E. feel to o pewit of into -section wth tre
Westerly E it cession of the northe1y right -of - wc y lin of sold 14,00 foot wide Nter thence N87'27'011: clone
said Westerly Extension line for .50.47 feet to 3 point on the east right-of-way line of acid Biecoyre
Boulevard, said point Ciao tying the N3!NT BEG84NINC, of :he hereinoftor described porost of Iona thence
continue N8727 01•E along the northerly right -of -ray (i-ors of $oic 14.00 foist w de A lay for 183.42 feet to
the wes-ecty limited oc:ess right-of-way tine cf %tote Road 112 (!- 195) right of .1.0)' for the most bound
entrance ramp; thence 54300'35W clone said 6mt,d access nigh-, of oroy ine for 20.00 •eret -.ct o paint on
the eehit'h ric'ht -et --wcgr I:ne of said 14.00 foal wide Al!; thence 587-27 01'W along said southerly
right -of -way line ot said $ 4.00 foot wide Afiey for 169 82 feet to a paint sf the easterly right of way ne
of said Bisocyne Bruloyard; there N04'34'10-E for 7.05 feet thonco 58722'01W for 1 feet: thence
N05'18.52-E. For 7 07 tett to the POINT OF BECINNOIC