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HomeMy WebLinkAbout02-23-17 SR Analysis & MapsCity of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR CHANGE OF ZONING APPLICANT: 33 Midtown LLC, Miami Green Houses, Miami Management Group, Inc. and Marks Subdivision Apt. LLC FILE ID: 15-00973zc PROJECT ADDRESS: 20, 30, 48, 54 and 62 NW 34 ZIP: 33127 Street and 23 NW 33 Street NET OFFICE: Wynwood / Edge Water HEARING DATE: 11/02/16 COMMISSION DISTRICT: District 5 ITEM: PZAB A. GENERAL INFORMATION: 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 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 34,993 sq. ft. The parcels are the 211d, 3rd, 4th and 5th interior lots located at the southwest corner of NW 34 Street and North Miami Avenue and the 2nd parcel located on the NW corner of NW 33 Street and North Miami Avenue (Complete legal description is on fide with the Hearing Boards Section). B. BACKGROUND: The subject site is comprised of seven individually plated lots. Lots 9, 10 and 11 contains a light industrial facility constructed in 1925, which currently remains in use. Lots 12, 13 and 14 consist of three (3) multi -family, single -story residential craftsman and mission style bungalows constructed between 1925 and 1938. Lot 28 consist of an existing non -conforming parking lot. Lots 9,10,11,12, 13 and 14 are located on the south side of NW 34 Street and Lot 28 is located on the north side of NW 33rd Street, as per Exhibit A entitled "Lots 9 through 14 & Lot 28 of Block 12 of the Wyndwood Park Subdivision" attached hereto. The properties were previously zoned Two -Family Residential District "R-2" under the 11000 zoning code and were subsequently rezoned on April 2010 under Miami 21 to"T3-0" Suburban Transect Zone. 15-00973zc Page 1 of 7 C. ZONING HISTORY On September 16, 2015 pursuant to Resolution No. PZAB-R-15-060 the Planning Zoning and Appeals Board denied the Applicant's request for a change of zoning from T3-O (Suburban Transect Zone — Open) to T4-0 (General Center Transect Zone — Open). On November 19, 2015 the City of Miami City Commission deferred the Applicant's request for a change of zoning from T3-0 (Suburban Transect Zone — Open) to T4-0 (General Center Transect Zone — Open). On March 24, 2016 the City of Miami City Commission indefinitely deferred the Applicant's request for a change of zoning from T3-O (Suburban Transect Zone — Open) to T4-O (General Center Transect Zone — Open). On September 22, 2016 the City of Miami City Commission recommended that the Applicant's request for a change of zoning from T3-0 "Suburban Transect Zone — Open to T4-0 General Center Transect Zone — Open" be remanded to the Planning, Zoning and Appeals Board for consideration since the Applicants indicated that they had acquired an additional 5,000 sq. ft. lot directly to the south of lots 10 and 9, On September 29, 2016 the Applicant modified the existing application to incorporate an additional abutting lot of 5,000 sq. ft. directly to the south of lots 10 and 9 known as lot 28. D. 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, E. NEIGHBORHOOD CHARACTERISTICS: ZONING FUTURE LAND USE DESIGNATION Subject Property T3-0 (Sub -Urban Transect Zone) Duplex Residential (Miami Equipment Services) Maximum of 18 D.U. per acre Surrounding Properties NORTH: T5-0 (Urban Center Transect Zone) Medium Density Restricted Commercial (adjacent) Commercial Maximum of 65 D.U. per acre 15.00973xc Page 2 of 7 T3-0 (Sub -Urban Transect Zone) (adjacent) Wyndwood Park Subdivision SOUTH: T3-0 (Sub -Urban Transect Zone) (adjacent) Wyndwood Park Subdivision EAST: T5-0 (Urban Center Transect Zone) (adjacent) Commercial / Retail WEST: T3-0 (Sub -Urban Transect Zone) (adjacent) Wyndwood Park Subdivision F. ANALYSIS: Duplex Residential Maximum of 18 D.U. per acre Duplex Residential Maximum of 18 D.U. per acre Medium Density Restricted Commercial Maximum of 65 D.U. per acre Duplex Residential Maximum of 18 D.U. per acre The following is a review of the request pursuant to a rezoning criteria at Article 7, Section 7.1.2.8 (a)(3) & (0(2) of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria: For rezonings: 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: Lots 9,10 and 11 are legally platted parcels located within the Wyndwood Park Subdivision.. Said Tots are joined to form one parcel under the following address (30 NW 34 Street). The principle structure on site houses a legal non -conforming light industrial equipment and wood mill / cabinet manufacturing business. The principle structure was constructed in 1925, and houses an existing light industrial facility that has operated on the site since that time. Lot 28 is a legally platted parcel consisting of an existing non -conforming parking lot used to serve the adjacent commercial establishment. 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, 11 and 28 directly abut a T5-0 Transect Zone to the north, east and south. See Image 1 an page 4. Rezoning lots 9, 10, 11 and 28 would provide a transition in height and intensity between the T5-0 Transect Zone to the north and east. Furthermore rezoning said Tots 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 a commercial use operating on site since 1925. Finding: Consistent with the intent of the Miami 21 Code 15-00973zc Page3of7 Max 19 duac T5-0 T3-o Lot Lot 13 12 14 T3-o Max 19 dulac Lai Lot's 11,10&9 T 9-U Max 65 dufac TS.O Max 150 dulac N Image 1 Analysis: Lots 12, 13 and 14 (48, 54 and 62 NW 34 Street) are legally platted parcels located within Wyndwood Park Subdivision. Staff finds the proposed rezoning 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, 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 affect the surrounding area with the proposed rezoning. DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT T3 9 9 T4 36 36 36 R 15-00973zc Page 4 of 7 TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK BED & BREAKFAST INN OFFICE ENTERTAINMENT ESTABLISHMENT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB, GENERAL COMMERCIAL COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MARINA PUBLIC PARKING TRANSIT FACILITIES CHILDCARE ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL MEM ..- ..- .-- ME •.NIMMI - ■ M ©©© ©®© R L 0 MEM ©©© MEN MEM •■M R 0 EM0 INEICI Nimri •©© 1E10 •©© © R 0 © R El R L 0 W W W W W W W W W W W E W W E E E 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. 15.00973zc Page 5 of 7 The intrusion of commercial uses into the residential district, increase in density from 18 dwelling units to 36 dwelling units per acre, and the increase in height from 2 stories (25' to eave max) to 3 stories (4OE 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 rezoning 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 Proposed Zoning NW 94T14 SI -- I [ 1 I 73-0 MY 9]NO ST- T5-a NE WRIST Image 2 G. NEIGHBORHOOD SERVICES: Code Compliance Building Historic Preservation Environmental Resources NET H. CONCLUSION: No Objection Required No Objection pursuant to staffs recommendations. No Objection No Objection Lots 9,10, 11 (30 NW 34 Street) and Lot 28 (23 NW 33 ST) The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning for Lots 9, 10, 11 and 28. 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 an appropriate transition in height and intensity. Furthermore, the rezoning of said lots will bring the existing legal non -conforming businesses and structures more into conformity with the proposed Transect Zone. 15.00973zc Page 6 of T Lots 12, 13 and 14 (48, 54 and 62 NW 34(h 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 zoned properties adjacent to the property. Staff finds the change of 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. RECOMMENDATION: Pursuant to Article 7, Section 7.1,2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning and Zoning Department recommends approval of the proposed rezoning as presented for Lots 9,10,11 (30 NW 34 Street) and Lot 28 (23 NW 33 ST) and denial of Tots 12, 13 and 14 (48, 54 and 62 NW 34 Street). 10/12/16 Efren Nunez Jacqueline Ellis Ac,Chief of Land Development 15.00973zc Page 7 of 7 NW 34THTTER MIAMI 21 (EXISTING) File ID: 1428 Rezone T4-R CS z it NW 34TH TER J T370 23 NW 33 ST I I I NW 33RD ST NW 32ND ST NW31 ST-ST : • • • . : • • • N l ADDRESS: 20 & 30 NW 34 ST AND 23 NW 33 ST 0 150 300 600 Feet I I I N MIAMI 21 (PROPOSED) File ID: 1428 Rezone ADDRESS: 20 & 30 NW 34 ST AND 23 NW 33 ST 0 150 300 600 Feet 0 125 250 AERIAL File ID: 1427 & 1428 500 Feet :G'Ioloe?1GeoEye, Earthstar Ge graphics, CNES/Airbus DS, -gapping, Aerogrid, IGN, IGPt swisstopo, and the GIS ADDRESS: 20 & 30 NW 34 ST AND 23 NW 33 ST