HomeMy WebLinkAboutAnalysis & MapsCity of Miami
Planning and Zoning Department
Division of Land Development
ANALYSIS FOR
REZONING
File ID No. 16-01013zc
Applicant(s): 24t" and 17t" Avenue Venture, LLC, (the "Applicant"),
represented by Javier L. Vazquez, Esq.
Location: Approximately 2401 NW 17 Avenue, 1548 NW 26 Street, and
1547and 1665 NW 24 Streets, Miami, Florida 33142
Commission District District 1 — Commissioner Wifredo Gort
Net District Office: Allapattah NET
A. GENERAL INFORMATION:
REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, The
"Applicant" is requesting the Rezoning of four properties, 2401 NW 17 Avenue, 1548 NW 26
Street, and 1547 and 1665 NW 24 Street. The properties at 1665 NW 24 St. and 2401 NW 17
Ave are proposed to be rezoned from T6-8-O (Urban Core Transect Zone - Open) to T6-8-L
(Urban Core Transect Zone - Limited) and the properties at 1547 NW 24 St. and 1665 NW 24 St."
from T3-L (Sub -Urban Transect Zone - Limited) to T4-L (General Urban Transect Zone - Limited).
Illustration1: Subject property (Aerial)
SUBJECT PROPERTY: The subject site is comprised by four parcels as depicted in Table No.1:
Property description and rezoning request. For better clarity, the parcels has been grouped in
"Western Parcels" and "Eastern Parcels" as shown in Table 1. (Complete legal description of the
property is on file with the Hearing Boards Office).
Table No. 1: Property description and rezoning request
Portions
involved
Address
Lot Size
(Sq.Ft.)
Total
Sq.Ft.
Zoning Classification
Current
Proposed
Western
Parcels
1665 NW 24 St
45,343
T6-8-O (URBAN
CORE TRANSECT
T6-8-L (URBAN
CORE TRANSECT
2401 NW 17
Ave.
11,393
58 735
ZONE - OPEN)
ZONE - LIMITED)
Eastern
Parcels
1547 NW 24 St.
12,012
T3-L (SUB -URBAN
TRANSECT ZONE -
T4-L (GENERAL
URBAN TRANSECT
1548 NW 26 St.
12,012
24,024
LIMITED)
ZONE - LIMITED)
84,760
84,760
The request depicted in Table 1 qualifies pursuant to Miami 21 Code, Sec. 7.1.2.8(c) for including
at least forty thousand (40,000) square feet of land area for the proposed rezoning.
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN:
Companion item:
The Future Land Use Map (FLUM) designation for the "Western Parcels" of the subject property
is Restricted Commercial is consistent with the rezoning requested, however the "Eastern
Parcels" require a FLUM amendment from "Duplex — Residential" to "Low Density Restricted
Commercial" to match the requested zoning designation (T4-L).
The rezoning as requested requires an amendment of the FLUM designation from "Duplex —
Residential" to "Low Density Restricted Commercial" for the Eastern Parcels, identified in Table
1 above.
A companion item identified by File ID No. 16-010131u has been prepared for the FLUM
amendment as required.
File Id. 16-01013zc
Page 2of7
Illustration No.2: Eastern Parcels: Future Land Use Map (FLUM) designation
Current: Duplex Residential
B. BACKGROUND AND PROPOSAL:
Proposed: Low Density Restricted
Commercial
The total square footage of the four parcels creates a site of approximately 84,760 sq.ft or 1.95
acres'. The property located in the western portion of the city block generally bounded by NW 26"
Street to the north, NW 15th Avenue to the east, NW 24t" Street to the south, and NW 17t" Avenue
to the west.
The "Western parcels" are currently designated with Urban Core Transect Zone Open (T6-8-O)
which allows for 150 DU/acre. This has the highest intensity of uses, however these parcels are
I Lot size provided in the survey submitted as part of the application.
File Id. 16-01013zc
Page 3 of 7
only developed with a vacant structure of two floors with a surface parking lot. The "Eastern
Parcels" are developed with one single family home on each parcel.
Per the letter of intent (LOI), the Applicant's proposes to develop the Site in the future with a
Sedano's Supermarket. See attached LOI.
C. ANALYSIS:
Western Parcels (fronting NW 17 Avenue) The request for the "Western Parcels" constitute a
successional change of zoning, taking place within the same Transect Zone (Urban Core Transect
Zone T6-8) to a lesser intensity (from Open -0-
to Limited -L-). Even though the uses allowed are
similar, the intensity allowed in the "Open"
classification is higher than in the "Limited"
classification.
All the parcels along the eastern side of NW 17tn
Avenue in the blocks between NW 39th Street
and NW 23rd are designated consistently with
T6-8-O zoning designation.
Eastern Parcels
The request for the "Eastern Parcels" constitute
a successional change of zoning to the next
higher Transect Zone, in this specific case from
T3-L (Sub -Urban Transect Zone - Limited) to T4-
L (General Urban Transect Zone - Limited).
The requested T4-L Transect Zone allows for 36
DU/acre, the current FLUM designation of
"Duplex -Residential" allows for a maximum
density of 18 DU/acre, while the existing T3-L
allows for 9 DU/acre.
The difference in uses allowed in T3-L and T4-L
are contained in the following Excerpt of Article
4, Table 3 of Miami 21 Code.
Excerpt of Article 4, Table 3 of
Miami 21 Code.
DENSITY (UNITS PER ACRE)
RESIDENTIAL
TWO FAMILY RESIDENCE
MULTI FAMILY HOUSING
DORMITORY
LIVE - WORK
T3-L
9
1
T4-L
36
R
R
E
R
File Id. 16-01013zc
Page4of7
Excerpt of Article 4, Table 3 of
Miami 21 Code (Cont.)
T3-L
T4-L
DENSITY (UNITS PER ACRE)
9
1 >
36
LODGING
BED & BREAKFAST
R
1 >
OFFICE
OFFICE
COMMERCIAL
FOOD SERVICE ESTABLISHMENT
ALCOHOL BEVERAGE SERVICE
ESTAB.
GENERAL COMMERCIAL
CIVIC
COMMUNITY FACILITY
RECREATIONAL FACILITY
RELIGIOUS FACILITY
CIVIL SUPPORT
COMMUNITY SUPPORT FACILITY
INFRASTRUCTURE AND UTILITIES
MARINA
PUBLIC PARKING
TRANSIT FACILITIES
EDUCATIONAL
CHILDCARE
LEARNING CENTER
RESEARCH FACILITY
W
W
R
W
W
W
W
W
W
E
The requested T4-L Transect Zone would allow the parcels to be use as a surface parking lot;
which as proposed by the applicant will serve the T6-8 parcels abutting to the West. See covenant
proffered as part of the application.
The following is a review of the request pursuant to the rezoning criteria in Article 7, Section
7.1.2.8 (a), (a)(3), (c)(1) & (f)(2) of Miami 21, as well as on the additional pertinent criteria derived
in the light of the letter of intent. The background section of this report is hereby incorporated into
the analysis and its corresponding criteria by reference:
File Id. 16-01013zc
Page 5 of 7
Criteria 1
Analysis of
Criteria 1
Sec.7.1.2.8 (c) (1) "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".
The proposal is for the rezoning of four properties which assembled involves
more than forty thousand (40,000) square feet of land area (See Table 1
above).
Finding 1 The request complies and is consistent with requirements for rezoning set
forth in Miami 21 Code, Sec. 7.1.2.8 (c) (1).
Criteria 2
Analysis of
Criteria 2
Finding 2
Criteria 3
Analysis of
Criteria 3
Sec.7.1.2.8 (f)(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 this Miami 21 Code to preserve Neighborhoods and
to provide transitions in intensity and Building Height.
The request for the "Western Parcels" constitute a successional change of
zoning, taking place within the same Transect Zone (Urban Core Transect
Zone T6-8) to a lesser intensity (from Open -0- to Limited -L-).
The request for the "Eastern Parcels" constitute a successional change of
zoning to the next higher Transect Zone, in this specific case from T3 (Sub -
Urban Transect Zone) to T4 (General Urban Transect Zone).
The request complies and is consistent with requirements for rezoning set
forth in Miami 21 Code, Sec. 7.1.2.8 (f)(2). However although successional,
this request is not aligned with the residential character of the abutting
neighborhood, and will not preserve the established character of the
neighborhood.
Are the proposed changes related to adjacent and nearby districts, and
within the scale and needs of the neighborhood?
Western Parcels The requested T6-8-L zoning classification is inconsistent
with the existing T6-8-O zoning designation along the east side of NW 17th
Avenue from NW 39th Street and NW 23rd Terrace, in which all of the
parcels are designated consistently with T6-8-0 zoning designation.
Eastern Parcels The request for this parcels constitute a successional
change of zoning to the next higher Transect Zone, in this specific case from
T3-L (Sub -Urban Transect Zone - Limited) to T4-L (General Urban Transect
File Id. 16-01013zc
Page 6 of 7
Finding 3
Zone - Limited). However, although successional, this request is not in line
with the residential character of the abutting neighborhood.
For Western Parcels: Staff does not recommend the rezoning as it is
inconsistent with established zones on NW 17 Avenue.
For Eastern Parcels: The proposed rezoning is inconsistent with the
residential development patterns in the abutting neighborhood. While a
restrictive covenant was proffered, it does not address uses that could
affect the abutting residential sites.
D. CONCLUSION:
Western Parcels: Based on the materials submitted and analysis conducted, staff finds that the
request to rezone from T6-8-O to T-6-8-L for the Western Parcels identified in Table 1 is
inconsistent with the goals and objectives of Miami 21 Code.
Eastern Parcels: Based on the materials submitted and analysis conducted, staff finds that the
requested rezone from T3-L to T4-O for the Eastern Parcels identified in Table 1 is inconsistent
with the goals and objectives of Miami 21 Code.
E. 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 for:
Western Parcels: Denial of the proposed rezoning from T6-8-O (Urban Core Transect Zone -
Open) to T6-8-L (Urban Core Transect Zone - Limited)
Eastern Parcels: Denial of the proposed rezoning from T3-L (Sub -Urban Transect Zone -
Limited) to T4-L (General Urban Transect Zone - Limited), as presented.
Ja rq ell Elll
Acing Chief of Land Development
SEG
9/9/2016
File Id. 16-01013zc
Page 7 of 7
..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 OF THE
PROPERTY(IES) LOCATED AT APPROXIMATELY 1665 NORTHWEST 24 STREET AND 2401
NORTHWEST 17 AVENUE, MIAMI, FLORIDA, FROM T6-8-O "URBAN CORE TRANSECT
ZONE — OPEN" TO T6-8-L "URBAN CORE TRANSECT ZONE — LIMITED"; AND THE
PROPERTY(IES) LOCATED AT APPROXIMATELY 1547 NORTHWEST 24 STREET, AND 1548
NORTHWEST 26 STREET, MIAMI, FLORIDA, FROM T3-L "SUB -URBAN TRANSECT ZONE —
LIMITED" TO T4-L "GENERAL URBAN TRANSECT ZONE - LIMITED", MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 1665 NW 24 St. and 2401 NW 17 Ave, and 1547 NW 24 St., and
1548 NW 26 St. [Commissioner Wifredo Gort - District 1]
APPLICANT(S): 24th and 17th Avenue Venture, LLC, (the "Applicant"), represented by Javier
L. Vazquez, Esq.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended denial; See companion File ID 16-
010131u. *See supporting documentation.
PURPOSE: This will change the above property from T6-8-O "Urban Core Transect Zone —
Open" to T6-8-L "Urban Core Transect Zone — Limited" and from T3-L "Sub -Urban Transect
Zone — Limited" to T4-L "General Urban Transect Zone - Limited" respectively. Item includes a
covenant.
..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 denial of the Zoning Change as set
forth; and
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 T6-8-O "Urban Core Transect Zone —
Open" to T6-8-L "Urban Core Transect Zone — Limited" for the property located at approximately
1665 NW 24 St. and 2401 NW 17 Ave, and from T3-L "Sub -Urban Transect Zone — Limited" to
T4-L "General Urban Transect Zone - Limited" for the property located at approximately 1547
NW 24 St., and 1548 NW 26 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 relettered 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.
This instrument was prepared by and
after recording return to:
Name: Javier L. Vazquez, Esq.
Address: Berger Singerman LLP
1450 Brickell Avenue
Suite 1900
Miami, Florida 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (this "Declaration") made this day
of , 2016, by 24TH AND 17TH AVENUE VENTURE, LLC (hereinafter
referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality
located within the state of Florida (hereinafter referred to as the "City").
WITNESSETH
WHEREAS, Owner owns the property located at 1547 NW 24th St, Miami, FL
and 1548 NW 26th St, Miami, FL (collectively, the "Property") as more particularly
described in attached Exhibit A; and
WHEREAS, on , 2016, the City of Miami Planning, Zoning
and Appeals Board ("PZAB") heard the Owner's applications requesting: (i) an
amendment to the Comprehensive Plan re -designating the Property from "Duplex
Residential" to "Low Density Restricted Commercial" (the "Comprehensive Plan
Amendment") on the City's Future Land Use Map; and (ii) a rezoning of the Property
from T3-L (Sub Urban — Limited) to T4-L (Urban General — Limited) (the "Change of
Zoning"); and
WHEREAS, on , Owner's representatives ppeared
before mct with PZAB and PZAB voted
in favor recommend approval of
7174928-3
the Comprehensive Plan Amendment subject to certain conditions on the use of the
Property;
WHEREAS, the Owner is desirous of making a voluntary voluntary, knowing and
informed binding commitment to assure that the Property must be developed in
accordance with the provisions of this Declaration.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the
Property shall be subject to the following restrictions that are intended and shall be
deemed a covenant running with the land and binding upon the Owner of the Property,
and its heirs, successors and assigns as follows:
Section 1. Recitals. The recitals and findings set forth in the preamble of this
Declaration as well as the Exhibits referenced therein are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this Section.
Section 2. Property Use Considerations. The Owner makes the following
commitments regarding the conditions imposed by PZAB: The Property particularly
aescripea on the attacnea iegai description as txmoit .:i shall be used solely for
parking to support that certain Sedano's Supermarket located on the neighboring
parcels at 2401 NW 17th Ave and 1665 NW 24th St (folio numbers 01-3126-002-0010
and 01-3126-000-0110) (the "Sedano's Supermarket"). vo other commercial
establishment, business, office or other property will be allowed to use or access the
parking situated on Exhibit "A".
Section 3. Effective Date. The provisions of this Declaration shall become
effective upon their recordation in the Public Records of Miami -Dade County, Florida,
and shall continue in effect for a period of thirty (30) years after the date of recordation,
after which time they shall be continuously and automatically extended for successive
period of ten (10) years. This instrument shall constitute a covenant running with the
Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010
7174928-3
land and title to the Property, which shall be binding upon the Owner, its heirs,
successors, vendees and assigns.
Section 4. Applicable Law & Venue; Attorney's Fees. Florida law will apply to
interpretation of this instrument. Venue in any civil actions arising under this instrument
shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's
fees.
Section 5. Amendment and Modification. This instrument may be modified,
amended, or released as to any portion of the Property by a written instrument
executed by the then Owners of the fee -simple title to the land to be affected by such
modification, amendment, or release, providing that same has been approved by the
City Commission after a public hearing, in which all advertising, notice, application, and
public hearing expense shall be paid by the Owner. Any modification, amendment or
release is additionally subject to the approval of the City Attorney as to legal form. Any
such modification, amendment or release shall not relieve the Owner of compliance
with thosethosc parking requirements set forth in Miami 21 21, as amended and any
subsequent Zoning Ordinance. and applicable to the Sedano's Supermarket.
Section 6. Inspection and Enforcement. An enforcement action may be
brought by the City by action in law or in equity against any party or person violating or
attempting to violate any covenants of this Declaration, or provisions of the City,
County or applicable regulations, either to restrain violations or to recover damages.
This enforcement provision shall be in addition to any other remedies available under
the law.
Section 7. Severability. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of this Declaration, which shall
remain in full force and effect.
Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010
7174928-3
Section 8. Recording. This Declaration shall be promptly filed of record among
the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within 30
days of the City Commission's final adoption of the Change of Zoning and the
Comprehensive Plan Amendment. The City of Miami Planning and Zoning Director will
be furnished a recorded copy by the Owner within ten (10) days of this Declaration
being recorded.
,oet.:1.1011 J. i uric with the Land.
It is expressly understood and agreed that this instrument shall be binding upon
OWNER and also heirs, successors in interest, vendees, or assigns of COVENANTOR,
and shall be a condition implied in any conveyance or other instrument affecting the
title to the aforesaid property or any portion thereof.
Section 10. Compliance with laws.
In construction and maintenance of the parking provided for in this Covenant the
Owner shall comply with all applicable codes, laws, rules and regulations and obtain
all required permits and approvals at its own cost and expense.
ACKNOWLEDGMENT CORPORATION
Signed, witnessed and acknowledged on this day of , 2016.
Witnesses: 24TH AND 17TH AVENUE VENTURE, LLC
Signature
Print Name
Signature
STATE OF
COUNTY OF
By:
Title: Authorized General Manager
Address:
/ Managing Member
The foregoing instrument was acknowledged before me by , the
of 24th and 17th Avenue Venture, LLC, on behalf of the limited liability
company. He is personally known to me or has produced as
identification.
Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010
7174928-3
Witness my signature and official seal this day of 2016, in the
County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010
7174928-3
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria M ndez, City Attorney
APPROVED as to;Miami21:
Francisco J. Garcia, Planning and Zoning Director
Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010
7174928-3
Exhibit A
Legal Description
TAX FOLIO 01-3126-007-0100
Lot 14 and the West 1/2 of Lot 13, in Block 1 of "CENTRAL ALLAPATTAH EXTENSION",
according to the Plat thereof, as recorded in Plat Book 41, at Page 27, of the Public Records of
Miami -Dade County, Florida.
AND
The East Half of that portion of dedicated alley adjacent to said Lot 14, Block 1
TAX FOLIO 01-3126-007-0010
Lot 1 and the West 1/2 of Lot 2, in Block 1 of "CENTRAL ALLAPATTAH EXTENSION",
according to the Plat thereof, as recorded in Plat Book 41, at Page 27, of the Public Records of
Miami -Dade County, Florida.
AND
The East Half of that portion of dedicated alley adjacent to said Lot 1, Block 1
Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010
7174928-3
MIAMI 21 (EXISTING)
16-01013zc
CS
NW 17TH AVE
T6-8-L
NW 23RD
TER
NW 27TH ST
T3-L
NW 26TH ST
r T6-8-O
NW,24TH ST
NW 15TH AVE
T3-O
D1
NW 23RD ST-
ADDRESS: 2401 NW 17 AV, 1665 NW 24 ST,
1547NW24ST, 1548NW26ST
0 100 200 400 Feet
1 1 1 1 1
MIAMI 21 (PROPOSED)
16-01013zc
-T4 L-.
N
ADDRESS: 2401 NW 17 AV, 1665 NW 24 ST,
1547 NW 24 ST, 1548 NW 26 ST
0 100 200
400 Feet
N
ADDRESS: 2401 NW 17 AV, 1665 NW 24 ST,
1547 NW 24 ST, 1548 NW 26 ST
0 100 200
400 Feet
0 100 200
1 i I
400 Feet
1
AERIAL
16-01013Iu/zc
DigitalGlobe, GeoEye,
ADX, Getmapping,
User Community -
ADDRESS: 2401 NW 17 AV, 1665 NW 24 ST,
1547 NW 24 ST, 1548 NW 26 ST
A