HomeMy WebLinkAboutAnalysis & MapsCity of Miami_
Planning and Zoning Department.
Land Development Section
ANALYSIS FOR
CHANGE OF ZONING
FILE ID: 16-01021zc
PROJECT ADDRESS: 5434 NE Miami Ct. and 3 NE 54 St. Miami, Florida.
APPLICANT: Bracia Holdings LLC and Lease Florida 54 LLC
COMMISSION DISTRICT: 5 (Keon Hardemon) NET OFFICE: Little Haiti
ZONING DESIGNATION: T4-R (General Urban -Restricted)
GENERAL REQUEST:
Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the applicant has applied
for a Change of Zoning located at approximately 3 NE 54 Street and 5434 NE Miami Court,
Miami, Florida. The applicant proposes to rezone the parcels from T4-R (General Urban -
Restricted) to T5-O (Urban Center -Open). The related folio of the subject parcels are
0131130320160 and 0131130320130. A complete legal description of the property is on file at
the Hearing Boards Office.
BACKGROUND:
The proposed rezone is located on a block with two parcels comprised of approximately 11,386
Sq. Ft. (.26 acres) of land. The site is generally bounded by NE 55 Street to the north, NW 54
Street to the south, NE Miami Court to the east and North Miami Avenue to the west. The subject
site is located within the Little Haiti NET.
Zoning View
T9-R '
53.57
1 1-ter 1-11
Aerial View
As shown in the above, the parcel to the north is a vacant lot zoned T4-R (General Urban -
Restricted). The parcel to the south is a developed property split zoned in T4-R (General Urban -
Restricted) to the north and T5-O (Urban Center -Open) to the south. It is developed with a one-
story commercial building, and a surface parking to serve the abutting commercial use. The
zoning of the properties to the north of the site is T4-R, to the south T5-O, to the East T4-R and
to the west T4-R.
As stated previously, the applicant proposes a change of zoning of the area from T4-R (General
Urban -Restricted) to T5-O (Urban Center -Open). In this case, preliminary site plans were not
submitted for review of the proposed zoning designation of T5-O.
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN:
The requested change of zoning is inconsistent with the current Miami Comprehensive
Neighborhood Plan (MCNP) designation for the properties. As such, the applicant has submitted
a companion application (item 16-01021Iu) to amend the land use designation from "Medium
Density Multifamily Residential" to "Restricted Commercial".
EXISTING NEIGHBORHOOD CHARACTERISTICS:
ZONING FUTURE LAND USE DESIGNATION
Subject Properties: Subject Properties:
T4-R (General Urban -Restricted) Medium Density Multifamily Residential
Maximum of 65 D.U. per acre
Adiacent Properties
NORTH: T4-R (General Urban -Restricted) Medium Density Multifamily Residential
Maximum of 65 D.U. per acre
SOUTH: T5-O (Urban Center -Open)
EAST: T4-R (General Urban -Restricted)
WEST: T4-R (General Urban -Restricted)
Restricted Commercial
Maximum of 150 D.U. per acre
Medium Density Multifamily Residential
Maximum of 65 D.U. per acre
Medium Density Multifamily Residential
Maximum of 65 D.U. per acre
In regards to the uses allowed, below is an excerpt of Article 4, Table 3 of Miami 21 Code to
illustrate the additional uses allowed with the proposed change of zoning.
Excerpt of Article 4, Table 3 of Miami 21 Code
DENSITY (UNITS PER ACRE)
RESIDENTIAL
SINGLE FAMILY RESIDENCE
COMMUNITY RESIDENCE
T4
R
L
0
T5
R
L
0
36
36
36
R
R
R
R
R
R
65
65
65
R
R
R
R
R
R
File Id. 16-01021zc
Page 2 of 5
DENSITY (UNITS PER ACRE)
RESIDENTIAL
ANCILLARY UNIT
TWO FAMILY RESIDENCE
MULTI FAMILY HOUSING
DORMITORY
HOME OFFICE
LIVE - WORK
WORK -LIVE
LODGING
BED & BREAKFAST
INN
HOTEL
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
T4
R
L
0
36
36
36
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
T5
R
L
0
65
65
65
R
R
R
R
R
R
R
R
R
R
R
R
R
E
R
R
R
R
R
R
R
R
W
W
R
R
R
E
E
R
R
W
W
W
W
R
R
R
R
E
E
W
R
R
W
R
R
W
W
R
R
R
R
W
W
W
W
W
W
W
W
W
File Id. 16-01021zc
Page 3 of 5
MARINA
PUBLIC PARKING
RESCUE MISSION
TRANSIT FACILITIES
EDUCATIONAL
CHILDCARE
COLLEGE/UNIVERSITY
ELEMENTARY SCHOOL
LEARNING CENTER
MIDDLE / HIGH SCHOOL
PRE-SCHOOL
RESEARCH FACILITY
SPECIAL TRAINING 1 VOCATIONAL
ANALYSIS:
E
W
W
W
W
W
W
E
W
W
E
E
E
E
E
E
E
E
E
E
E
R
R
E
E
W
W
E
W
W
E
W
W
E
W
W
W
W
E
W
W
R
R
E
W
W
E
R
R
R
R
W
W
The following is a review of the request pursuant to the rezoning criteria in 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 1
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 of
Criteria 1
The subject site is currently split zoned T5-O to the south, and T4-R to the north.
The southern portion of the site is currently developed with a one-story
commercial center, built in 2014. As the entire block is comprised with only two
properties, the proposed zone change will not significantly alter the character of
the multi -family characteristics encountered in the immediate neighborhood. The
proposed rezoning creates a transitioning neighborhood consisting of low scale
multi -family dwelling units.
The application as presented rezones 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 considered an extension of an existing transect zone. The proposed
rezoning will complement the established character of multi -family residential
neighborhood. Moreover, it may create a more walkable neighborhood with
better access to commercial establishments serving the community. The
proposed rezoning will bring the existing parking lot (that serves the commercial
establishment to the south) into compliance with Miami 21 Code.
After analyzing the site conditions and surrounding context, staff finds that the
proposed rezoning from T4-R to T5-O is compatible with the existing
development patterns, heights, multi -family and urban fabric uses in the
immediate neighborhood.
Finding 1
The request is consistent with the goals and objectives of the Miami 21 Code.
File Id. 16-01021zc
Page 4 of 5
Criteria 2
Analysis of
Criteria 2
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 proper transitions in
intensity and scale.
Although the proposed T5-O zoning requires the amendment of the MCNP
Future Land Use Map from "Medium Density Multifamily Residential" to
"Restricted Commercial", it will maintain its current residential density of 65
dwelling units per acre by rezoning to T5-O. The size and scale of the adjacent
uses and structures within existing neighborhood support this increase in density
and intensity.
Finding 2
The request creates a transition in intensity and scale which is consistent with
the goals of the Miami 21 Code.
Existing Zoning: T4-R
(General Urban — Restricted)
CONCLUSION:
Proposed Zoning: T5-O
(Urban Center -Open)
Based on the materials submitted, staff finds that the request to rezone from T4-R to T5-O is
consistent with the goals of Miami 21. The request is compatible with the surrounding zoning
district and provides appropriate zoning transitions.
RECOMMENDATION:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned
findings, the Department of Planning and Zoning recommends approval of the applicant's request
the rezoning from T4-R to T5-O as presented.
Jacq is
Chie o. Land Development
Luiz Vicentini
September 6, 2016
File Id. 16-01021zc
Page 5 of 5
..Title
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR 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 5434 NORTHEAST MIAMI COURT, AND
3 NORTHEAST 54 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 5434 NE Miami Ct., and 3 NE 54 St., Miami, Florida [Commissioner
Keon Hardemon - District 5].
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Bracia Holdings LLC and Leaseflorida
54 LLC.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File ID
16-010211u. *See supporting documentation.
PURPOSE: This will change the above property from "T4-R" General Urban - Restricted to "T5-
0" Urban Center - Open. This item has a companion item for FLUM amendment.
..Body
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on
September 21, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-
by a vote of _ to _ (_ _), item No. _, recommending of the Zoning Change as
set forth; and
WHEREAS, the proposed zone change *is* in harmony with the established land use
pattern and the adjacent and nearby districts;
WHEREAS, the proposed zone change *is not* out of scale with the needs of the
neighborhood or the city;
WHEREAS, the proposed zone change *will* maintain the same or similar population
density pattern and thereby *does not* increase or overtax the load on public facilities such as
schools, utilities, streets, etc.;
WHEREAS, the proposed rezone *will* contribute to the improvement of development of
properties in the adjacent area in accordance with existing regulations;
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City of Miami and its inhabitants
to grant this change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further
amended by changing the zoning classification from "T4-R" General Urban -Restricted to "T5-O"
Urban Center -Open, for the properties located at approximately 0.26 acres (11,386 square
feet) at 5434 NE Miami Ct. and 3 NE 54 St, Miami, Florida, as described in "Exhibit A",
attached and incorporated.
Section 3. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this
Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida,
as amended, which provisions may be renumbered or re lettered and that the word "ordinance"
may be changed to "section", "article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to §163.3187(5)(c), Florida Statutes.{1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
..Footnote
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
NW 54TH ST
MIAMI 21 (EXISTING)
16-01021zc
NW 56TH ST NE 56TH ST
NW 53RD ST
N
NE 55TH ST
NE 54TH • ST--
NE 53RD ST
ADDRESS: 5434 NE MIAMI CT AND A PORTION OF 3 NE 54 ST
0 95 190
380 Feet
NW 54TH ST
MIAMI 21 (PROPOSED)
16-01021zc
NW 56TH ST NE 56TH ST
NW 53RD ST
N
NE 55TH ST
NE 54TH • ST--
NE 53RD ST
ADDRESS: 5434 NE MIAMI CT AND A PORTION OF 3 NE 54 ST
0 95 190
380 Feet
0 85 170
1 i I
340 Feet
AERIAL
16-01021 Iu/zc
DigitalGlobe, GeoE .e,
rthstar Geographics, CNES/Airbus D:S,
IGN, IGP, swisstopo, and the GIS
ADDRESS: 5434 NE MIAMI CT AND 3 NE 54 ST
A