HomeMy WebLinkAboutAnalysis & 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 2nd, 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 file 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.
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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 T3-0 (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 T3-0 (Suburban Transect Zone — Open) to T4-0 (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
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
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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)
& (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 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 lots 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 on 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 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 a commercial use operating on site since
1925.
Finding: Consistent with the intent of the Miami 21 Code
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Max 19 du/ac T5-0
T3-0
Max 65 du/ac
Max 150 du/ac
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
18
T4
36
36
36
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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
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
R
R
E
R
R
W
W
W
R
R
T4
W
W
W
W
W
W
W
W
W
W
W
W
W
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.
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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 (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
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
NW 34 Di ST
T3-0
NW 33RD ST
T510
NE 34TH ST
Image 2
G. NEIGHBORHOOD SERVICES:
Code Compliance
Building
Historic Preservation
Environmental Resources
NET
H. CONCLUSION:
Proposed Zoning
No Objection
Required
No Objection pursuant to staff's 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.
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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 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.
I. 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 lots 12,13
and 14 (48, 54 and 62 NW 34 Street).
10/12/16 Efren Nunez
Jacqueline Ellis
Actir�g,Chief 9f Land Development
15-00973zc
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CS
MIAMI 21 (EXISTING)
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ADDRESS: 30, 48, 54, and 62 NW 34 ST
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MIAMI 21 (PROPOSED)
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ADDRESS: 30, 48, 54, and 62 NW 34 ST
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AERIAL
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Geographi
GeinappingoAerogrido IGN, IGP, swi:
ADDRESS: 30, 48, 54, and 62 NW 34 ST
& 23 NW 33 ST
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