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Home My WebLink AboutAnalysis & MapsCity of Miami Planning and Zoning Department ANALYSIS FOR CHANGE OF ZONING FILE ID: 15-00053zc APPLICANT: Steven J. Wernick, Esquire, on behalf of Oak Plaza Associates, LLC PROJECT ADDRESS: Approximately 29 NW 42 Street, 30 NW 44 Street and 4202-4330 N Miami Avenue FOLIO NUMBER: Multiple (See graphics) COMMISION DISTRICT: District 5 NET OFFICE: Little Haiti 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 multiple parcels along NW 42" Street, NW 44th Street and 4202-4330 N Miami Avenue between (approximately) North Miami Avenue and NW 1st Avenue. The proposed change of zoning for the parcels fronting NW 42nd Street and NW 44th Street is from T3-L (Sub -Urban Transect Zone Limited) to CI (Civic Institution Zone). The proposed change of zoning for the parcels fronting N Miami Avenue is from T4-L (Urban General Transect Zone Limited) to CI (Civic Institution Zone). (Complete legal description is on file with the Hearing Boards Section). BACKGROUND: The subject area consists of seven (7) parcels totaling, approximately 1.32 acres. Five parcels are located along North Miami Avenue, the other parcels are located to the rear of the North Miami Ave parcels between NW 42nd Street and NW 44th Street. All parcels are bounded by North Miami Avenue on the east, NW 1st Avenue on the west, NW 44th Street on the north and NW 42nd Street on the south. The subject parcels are zoned T3-L and T4-L. The areas directly to the south and north along North Miami Avenue are zoned T4-L. The areas directly to the east, west and south and are zoned T3-L. There is a higher density activity center that concerns this area; the Miami Design District SAP and surrounding properties. This district begins roughly at the intersection of N Miami Avenue and 15-00053zc Pagel of NE 42st Street and expands to the south and east, consisting of property zoned T5-O, T6-8-O and T6-12-0. The area proposed to be rezoned is located within the Little Haiti NET area, and Commission District 5. Most of the area is fully developed with the seven subject properties being an exception. NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Duplex Residential Maximum of 18 D.U. per acre Low Density Restricted Commercial Maximum of 36 D.U. per acre Surrounding Properties NORTH: Duplex Residential Maximum of 18 D.U. per acre Low Density Restricted Commercial Maximum of 36 D.U. per acre SOUTH: Duplex Residential Maximum of 18 D.U. per acre Low Density Restricted Commercial Maximum of 36 D.U. per acre EAST: Low Density Restricted Commercial Maximum of 36 D.U. per acre WEST: Duplex Residential Maximum of 18 D.U. per acre ANALYSIS: ZONING Subject Properties: T3-L; Sub -Urban Center Transect Zone Limited T4-L; General Urban Transect Zone Limited Surrounding Properties NORTH: T3-L; Sub -Urban Transect Zone Limited T4-L; General Urban Transect Zone Limited SOUTH: T3-L; Sub -Urban Transect Zone Limited T4-L; General Urban Transect Zone Limited EAST: T3-L; Sub -Urban Transect Zone Limited WEST: T3-L; Sub -Urban Transect Zone Limited Following the above referenced "Background", this proposal for rezoning is taking in consideration criteria set forth in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which 15.00053zc Page 2 of 4 maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Previously under Zoning Ordinance 11000, North Miami Avenue south of NE 42nd Street was zoned SD-8 (Design Plaza Commercial -Residential District). The intent of this designation was; "It is intended to strengthen and encourage the expansion of design service activities in this area by allowing greater intensities for appropriate design -oriented service uses coupled with meaningful ground level pedestrian open spaces and active street -level walking environments. Greater intensities for mixed -use development sites abutting principal arterial roadways are promoted to accommodate a diverse range of building types at locations suitable for increased intensity and diversification of land uses to encourage mixed residential and design/commercial space and multiple use developments, particularly live -work environments, as a primary objective." Under the Miami 21 Code, through a Special Area Plan (SAP), the area east of the subject site has become the Miami Design District SAP comprised primarily of properties zoned T5-O, T6-8- 0 and T6-12-0. This area has become a highly desirable retail destination in Miami, and the Design District is developing into a diverse commercial district. The emerging popularity of the Miami Design District has led to the district's gradual expansion outward. Much of the higher intensity (T5 and T6) development within the Design District has been buffered from the lower intensity residential (T3) neighborhood with bands of T4. This gradual transition from higher to lower intensity development occurs as intended by Miami21. Planning Staff consider the proposed rezoning request to CI an appropriate transect zone for several reasons. CI is inherently contextually sensitive and does not provide substantially different treatment than what is already enjoyed under the current zoning designation. This proposed rezoning would act as a protective measure to buffer the established residential neighborhood from the more intense development of the Design District and not create a negative precedent of higher density and intensity zoning intrusion into the surrounding residential districts. The only major difference in the Cl Zone is the calculation of height, which based on the surrounding T3-1_ and T4-L zoning designation, would be limited to 5 stories. Additionally, the Planning and Zoning Department considers the Exception process another benefit of CI transect zone. This will provide any future development on the site, or expansion of existing development, with additional scrutiny on the staff level and an additional public hearing process. There is also a requirement that a rezoning preserves neighborhoods. This area largely has a duplex residential fabric. The subject site is underdeveloped, and its redevelopment will enhance the neighborhood. 15-00053zc Page 3 of 4 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. Christopher Brimo Chief of Land Development D. Snow cot 15-00053ac Page4of4 PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning ■ ■ APPLICANT: Steven Wernick, Esq on behalf of Oak Plaza Associates, LLC CASES: 15-000531u FLUM amendment 15-00053zc Zoning amendment COMMISSION DISTRICT: District 5 [Keon Hardemon] PZAB — 3&4 15-000531u/zc REQUEST: FLUM Amendment: from "Duplex Residential" and "Low Density Multifamily Residential" to "Major Institutional, Public Facilities, Transportation and Utilities" ; and ZONING Change: From T3-L "Sub -urban Transect Zone - Limited and T4-L "General Urban Transect Zone — Limited to CI "Civic Institution". LOCATION: 30 NW 44th Street, 29 NW 42nd Street and 4202-4330 North Miami Avenue, Miami, Florida LOT SIZE: Approximately 1.32± acres (57,499.20 sq. ft.) RECOMMENDATION: Approval ■ • PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning e w 42ND ws PZAB — 3&4 1 5-000531u/zc PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning ■ FLUM Existing NW 45TH Sl NW 44TH ST NE 45TH ST Duplex R sidential - - r NW 42ND ST NW41ST ST Single Family Residential NE 44TH ST Low Density Restricted -Commercial. Dup ex - Residential NE 43RD ST NE 42ND ST PZAB-3 15-00053Iu FLUM Proposed NW 45TH ST NE 45TH ST NW 44TH ST Duplex - Res'dental NW 42ND ST Major Institutional, Public Facilities, Transportation, and Utilities NW41S S ngle Family T ST - Residential NE 44TH ST- Low Density Restricted -Commercial Dup ex - Resi dential NE 43RD ST NE 42ND ST • 1 • PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning Zoning Existing NW 45TH ST NW 44TH ST NE 45TH ST T3-L NW 42ND ST T4-L NW4IST ST T4 L NE 44TH ST T3-0 T3-L NE 43RD ST NE 42ND ST T4-0 • PZAB — 4 15-00053zc Zoning Proposed NW 45TH S NE 45TH ST NW 44TH ST T3-L NW 42ND ST T4 N MIAMI AVE NW41ST ST T4 L 910 NE 44TH ST T3-0 T3-L NE 43RD ST NE 42ND ST T4-0 1 PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning CRITERIA FOR REZONING: A change to the next Transect Zone. T3-L&T4-L+ CI Current Conditions FLR Maximum (Permitted by Code) Maximum Conditions (Developed Under T3 Regulations) Existing Single Family Residents tfa T3-L T3-L T3-L PZAB — 4 15-00053zc Vacant Land Existing Structure T3-L T4-L $ T3-L T3-L `' T3-L `' CI CI PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning CRITERIA FOR REZONING: A change to the next Transect Zone. T3-L&T4-L+ CI Current Conditions FLR Maximum (Permitted by Code) Maximum Conditions (Developed Under T4 Regulations) Existing Single Family Residents r1 I 1 T3-L T3-L PZAB — 4 15-00053zc Vacant Land Existing Structure T3-L T3-L T4-L T3-L ' T3-L T3-L `' CI " CI PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE -AMILY RESIDENCE CO MMUN TY RESIDENCE 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 T3 R L 9 /11► 9 18 R R R R R R R R R R R T4 R L 0 36 36 36 R R R R R R R R R R R R R R R E E R R R R R R R R R R R R R E E R R CI CS CI CI -HD NIA 0.► AZ" 150" R R E R R R R R R R E E R E E E R E UU E R E E E R PZAB — 4 15-00053zc PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning CIVIC CO MMUN TY FACILITY RECREATIONAL FACILITY REL I GI OUS FACILITY REGIONAL ACTIVITY COWLS( CIVIL SUPPORT COMMUNTY SUPPORT FACILITY INFRASTRUCTURE MU UTI LI TI ES NWJORFACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHIL DCARE COLLEGE! UNIVERSITY ELENE NTARY SCHOOL LEARNING CENTER MDDLE 1 HGH SCHOOL ME -SCHOOL RESEARCH FACILITY SPECIAL TRAINING 1 VOCATIONAL INDUSTRIAL AUTO -RELATED INDUSTRIALESTBL. MANLFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL ESTER. PRODUCTS AND SERVICES STORAGE/DISTRIBUTION FACILITY T3 E E E E E E Vr' E E E E E E E E T4 E E E E E E E VV R R W VV E E E R W R R W W W W W VV E E E R E R Allowed By Righl WAllowed By Warrant: Adminislret:ive Process- CRC (Coordnaled Review Committee) E Allowed By Exception: Public Hearing- granted by PZAB (Planning, Zoning &Appeals Board) Bmces with no designation signify Use prohibited. CI iry E UV E IN E R E E E E E Vtl E R R E E R E R E E E R E R E R E E R E R E R E R E R PZAB — 4 15-00053zc PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning PZAB — 3&4 15-000531u/zc • Contextually sensitive and does not provide substantially different treatment than what is provided for under current zoning. • Decrease the allowed density from 36 du/ac to 18 du/ac. • Acts as a protective buffer for the established residential neighborhood form more intensive development. 1 • Does not create negative precedent of higher density and intensity zoning intrusion. Recommendation: Planning & Zoning Department recommends Approval MIAMI 21 (EXISTING) 1 5-00053zc NW 45TH ST NW 44TH ST T3-L NW 42ND ST NW 41 ST ST T4-L NE 45TH ST -N MIAMIAVE T3-O NE 44TH ST T3-L NE 43RD ST NE 42ND ST T4-O U 30 NW 44 ST, 29 NW 42 ST 4202, 4220, 4308, 4310, and 4330 N MIAMI AV 0 75 150 300 Feet I i I i I MIAMI 21 (PROPOSED) 1 5-00053zc NW 45TH ST NW 44TH ST T3-L NW 42ND ST NW41STST T4-L T4-L NE 45TH ST -N MIAMIAVE T3-O NE 44TH ST T3-L NE 43RD ST NE 42ND ST T4-O U 30 NW 44 ST, 29 NW 42 ST 4202, 4220, 4308, 4310, and 4330 N MIAMI AV 0 75 150 300 Feet I i I i I