HomeMy WebLinkAboutAnalysis & MapsCity of Miami
Planning and Zoning Department
Division of Land Development
ANALYSIS FOR
REZONING
PZAB File ID No. 2709
Applicant(s): 20th Avenue Partners, LLC.
Location: Approximately 3616 and 3620 NW 20th Avenue, Miami,
Florida 33142
Commission District Wifredo (Willy) Gort District 1
Net District Office: Allapattah NET
Planner Sergio Garrido
A. GENERAL INFORMATION
REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the applicant
request a rezoning from T5-L (Urban Center Transect Zone- Limited) to T6-8-O (Urban Core
Transect Zone - Open) for the properties identified with the Folio No.: 01-3122-000-0852 and 01-
3122-000-0830, located at approximately 3620 and 3616 NW 20 Avenue, Miami, Florida. The
complete legal description of the properties is on file with the Hearing Boards Office, and attached
hereby as an "Attachment A".
SUBJECT PROPERTIES: The subject properties are interior parcels located in the south eastern
portion of the city block bounded by NW 38 Street to the north, by NW 20 Avenue to the east, by
NW 36 Street to the south, and NW 20 Court to the west.
For clarification, Miami -Dade County assigned the property identified with the Folio No. 01-3122-
000-0852 with the address 3670 NW 20th Avenue; the same property is assigned by the City of
Miami with the address 3620 NW 20th Avenue.
The southern property identified with the Folio No. 01-3122-000-0852 (3616 NW 20th Ave.) has
split zoning: T5-L in the north portion and T6-8-O in the south portion. The request will allow to
unify the zoning designation to the requested T6-8-O.
Table 1. Properties identification and request
#
Folio No.
Address
Lot Size
(Sq.Ft.)*
Zoning Classification
Existing
Proposed
1
01-3122-000-0852
3620 NW 20th Avenue
11,200
T5-L
T6-8-O
2
01-3122-000-0830
3616 NW 20th Avenue
11,330
T5-L
T6-8-O
T6-8-O
22,530
Image 1 provides an Aerial view of the subject properties and Images 2 and 3 provide a graphic
representation of the request.
Image 1: Aerial view of the subject properties
Image 2: Current zoning classification
Image 3: Request: Proposed zoning classification
File ID. 2709
Page 2 of 9
B. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
The subject properties are designated as follow: The property to the north, located at 3620 NW 20th
Ave, and the north portion of the property located at 3616 NW 20th Ave, designated with the zoning
classification "T5-L" Urban Center Transect Zone -Limited", has Medium Density Restricted
Commercial (MDRC) Future Land Use Map (FLUM) designation, and the south portion of the
property located at 3616 NW 20th Ave, designated with the zoning classification "T6-8-O" Urban
Core Transect Zone -Open, is assigned with the General Commercial Future Land Use Map (FLUM)
designation, therefore the existing zoning classification for the subject properties is compatible with
the existing FLUM designation.
EXISTING NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Properties
Northern parcel
T5-L "Urban Center Transect-Limited"
Southern parcel
T5-L "Urban Center Transect-Limited"
T-6-8-0 "Urban Core Transect-Open "
Adjacent Properties
NORTH: T5-L "Urban Center Transect-Limited"
FUTURE LAND USE DESIGNATION
Subject Properties
MD -RC (Max. 65 DU./acre)
MD -RC (Max. 65 DU./acre)
Gen. Comm. (Max. 150 DU./acre)
MD -RC (Max. 65 DU./acre)
EAST: T5-L "Urban Center Transect-Limited" MD -RC (Max. 65 DU./acre)
T-6-8-0 "Urban Core Transect-Open" Gen. Comm. (Max. 150 DU./acre)
SOUTH: T-6-8-0 "Urban Core Transect-Open" Gen. Comm. (Max. 150 DU./acre)
WEST: T5-L "Urban Center Transect-Limited" MD -RC (Max. 65 DU./acre)
T-6-8-0 "Urban Core Transect-Open" Gen. Comm. (Max. 150 DU./acre)
The proposed rezoning requires an application for a FLUM amendment; this request is being made
pursuant to a companion application, identified as PZAB File ID No. 2708 requesting a FLUM
amendment for the subject properties from Medium Density Restricted Commercial (MD -RC) to
General Commercial (GC). This designation is appropriate for the proposed rezone to T6-8-O.
It is to note that the applicant is proposing the construction of a residential project comprised of 43
units of multi -family residential building, catering to moderate income households on the subject
properties, as provided in the applicant's letter of intent.
File ID. 2709
Page 3 of 9
Table 2: FLUM amendment request pursuant to companion item No. 2708
#
Address /
Folio No.
FLUM
Current
Proposed
1
3620 NW 20 Ave.
01-3122-000-0852
Medium Density Restricted
Commercial
General Commercial
2
3616 NW 20
Ave.01-3122-000-
0830
Medium Density Restricted
Commercial
General Commercial
C. BACKGROUND
Pursuant to the previous City of Miami Zoning Ordinance, ZO 11000, the subject properties were
zoned as follows: The northern property was designated with R-3 (Multifamily Residential) zoning
classification and the southern property had split zoning as follows: R-3 in the north portion and C-
2 (Liberal Commercial) in the south portion. With the adoption of Miami 21 Code, in 2010,
pursuant to Enactment No. 13114, the property designated R-3 was designated T5-L and the
properties designated C-2 were designated T6-8-O, providing for a transitional zoning designation
South -North, complying this the intent of the Miami 21 Code.
D. ANALYSIS
The subject property located at approximately 3616 Northwest 20 Avenue is split zoned, having
"T6-8-O" Urban Core Transect-Open to the south and "T5-L" Urban Center Transect-Limited to
the north, while the subject property located at approximately 3620 Northwest 20 Avenue is
assigned with "T5-L" Urban Center Transect-Limited.
In regards to the uses allowed in this application request, the following "Excerpt of Article 4, Table
3 of Miami 21 Code" shows how the uses would change as a result of the proposed rezoning.
Excerpt of Article 4, Table 3 of Miami 21 Code.
DENSITY (UNITS PER ACRE)
RESIDENTIAL
SINGLE FAMILY RESIDENCE
COMMUNITY RESIDENCE
TWO FAMILY RESIDENCE
MULTI FAMILY HOUSING
DORMITORY
HOME OFFICE
LIVE - WORK
T5-L
65
R
R
R
R
R
R
R
T6-O
150
R
R
R
R
R
R
R
File ID. 2709
Page 4 of 9
Excerpt of Article 4, Table 3 of Miami 21 Code (Cont.)
LODGING
BED & BREAKFAST
INN
HOTEL
OFFICE
OFFICE
COMMERCIAL
AUTO -RELATED COMMERCIAL ESTAB.
ENTERTAINMENT ESTABLISHMENT
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
MARINA
PUBLIC PARKING
TRANSIT FACILITIES
EDUCATIONAL
CHILDCARE
COLLEGE / UNIVERSITY
ELEMENTARY SCHOOL
LEARNING CENTER
MIDDLE / HIGH SCHOOL
PRE-SCHOOL
RESEARCH FACILITY
SPECIAL TRAINING / VOCATIONAL
T5-L
R
R
R
R
W
R
E
R
W
W
R
R
W
R
R
W
W
W
W
W
W
W
W
R
W
R
R
W
T6-O
R
R
R
R
W
R
R
E
R
W
W
R
R
W
R
R
E
W
W
W
W
W
W
W
W
R
W
R
R
W
File ID. 2709
Page 5 of 9
It is to note that the main difference between the proposed and the existing zoning designation is
not in the uses allowed, but in the density and intensity. The maximum height allowed by the
existing zoning designation of T5 Transect is five -stories, and the maximum height provided by
the proposed zoning designation of T6-8 Transect Zone is eight -stories, plus 4-stories maximum
benefit Abutting all Transects Zones except T3.
Applicant's Intent
The applicant is proposing a multifamily residential project for the subject properties, and for that
purpose, in addition to the rezoning request, in an intent to mitigate any possible adverse impact
of the proposed rezoning, is voluntarily providing a Declaration of Restrictive Covenants (DORC),
attached herby as an "Attachment B" is limiting the development as summarized:
Permitted Use. The uses on the Property shall be limited to the Residential uses
identified in Art. 4, Table 3 of Miami 21 for the T6-8-R Transect Zone designation.
Residential Density. Notwithstanding the rezoning of the Property from T5-L to T6-8-O
Transect Zone designation, which designation would otherwise permit the development
of up to seventy-seven (77) Dwelling Units, not more than forty-three (43) Dwelling Units
shall be constructed on the Property.
Following the DORC, the applicant will be providing 81 DU/acre where 150 DU/acre is
allowed.
Height & Massing. The maximum height permitted for the development of the Property
shall be five (5) Stories or a maximum height of seventy (70) feet above the base flood
elevation to the top of the primary roof of any building or structure located on the
Property, excluding any ornamental features or architectural projections.
It is to note that the Declarations of Restrictive Covenants (DORC), voluntarily proffered by
applicants as part of the rezoning requests, does not constitute part of the criteria to be
considered by staff as part of the analysis and further recommendation.
REVIEW CRITERIA FOR THE REQUESTED REZONE
The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8
(a)(1), (a)(3), (c)(1) & (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
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.
File ID. 2709
Page 6 of 9
Analysis of
Criteria 1
Finding 1
Criteria 2
Analysis of
Criteria 2
Finding 2
Criteria 3
Analysis of
Criteria 3
The proposal of the rezoning involves the extension of an existing
T6-8-O Transect Zone directly south to the subject properties.
The request also comply with the requirement to have two hundred
(200) feet of street Frontage on one (1) street.
The request is consistent with the Miami 21 Code requirements for
rezoning.
Changes to the boundaries of the Transect Zones shall occur
successionally as indicated in Table for successional zoning
contained in Miami 21, Sec. 7.1.2.8 (a)(3)
Sec. 7.1.2.8 establish that the changes shall occur successionally, in
which the zoning change may be made only to a lesser Transect
Zone; within the same Transect Zone to a greater or lesser intensity;
or to the next higher Transect Zone, or through a Special Area Plan
The rezoning request is from T5-L (Urban Center Transect Zone -
Limited) to T6-8-O (Urban Core Transect Zone - Open), which is
deemed successional pursuant to Miami 21, Sec. 7.1.2.8 (a)(3).
The request is deemed consistent with the Miami 21 Code
requirements for rezoning.
Miami Comprehensive Neighborhood Plan
Objective LU-1.1: Ensure that land and development regulations are
consistent with fostering a high quality of life in all areas including the
timely provision of public facilities that meet or exceed the minimum
level of service (LOS) standards adopted in the Capital Improvements
Element (CIE) of the Miami Comprehensive Neighborhood Plan.
Policy LU-1.1.7: Land development regulations and policies
will allow for the development and redevelopment of well -
designed mixed -use neighborhoods that provide for the full
range of residential, office, live/work spaces, neighborhood
retail, and community facilities in a walkable area and that are
amenable to a variety of transportation modes, including
pedestrianism, bicycles, automobiles, and mass transit.
Policy LU-1.1.10: The City's land development regulations will
encourage high density residential development and
redevelopment in close proximity to Metrorail and Metromover
stations (See Transportation Policy TR-1.5.2 and Housing
Policy HO-1.1.9.)
The subject properties are well served by public transportation, are
located within 1/4 mile radius of the Earlington Heights Metrorail
Station and immediately North of a major East-West corridor - NW 36
Street - which connects the City of Miami with portions of
File ID. 2709
Page 7 of 9
unincorporated Miami -Dade County, City of Hialeah, and Miami
Springs.
Finding 3 The proposed rezoning and the applicant's intent is consistent with
the aforementioned Goals and Policies.
Additional
considerations
Additional
findings
E. CONCLUSION
a) For the subject parcel located at 3616 NW 20 Ave, the
southern parcel, the zoning district boundary is illogically
drawn. This parcel is split zoned and the request will unify the
zoning designation on this parcel eliminating an existing
inconsistency.
b) Even though the requested rezoning allows for 150 DU/acre,
the Declaration of Restrictive Covenants self -limited the
proposed development to 81 DU/acre, providing for 43
residential units where 77 would be allowed.
c) The existing transect zone boundaries are not illogically drawn
in relation to existing conditions on the property 3616 NW 20
Ave proposed for change.
Planning Department deemed appropriate and advisable the
unification of the zoning classification of the property located at 3616
NW 20 Avenue.
Even though the Applicant voluntarily proffered a Declaration of
Restrictive Covenants (DORC) in an intent to mitigate any possible
negative impact of the request, this document does not constitute part
of the staff analysis' criteria, therefore it was not considered as part of
the analysis, conclusions, and consequent recommendation of this
rezoning request.
Based on the materials submitted and the analysis provided, this Staff Report concludes as follow:
#
Address /
Folio No.
Zoning Classification
Planning Department
conclusion
Current
Proposed
3620 NW 20 Ave.
01-3122-000-0852
T5-L "Urban Center
Transect - Limited"
T6-8-O "Urban Core
Transect - Open"
Inconsistent
2
3616 NW 20 Ave.
01-3122-000-0830
T5-L "Urban Center
Transect - Limited"
T6-8-O "Urban Core
Transect - Open"
T6-8-O "Urban Core
Transect - Open"
Consistent
File ID. 2709
Page 8 of 9
F. RECOMMENDATION
Based on the materials submitted, staff finds that the request to rezone from T5-L "Urban Center
Transect - Limited" to T6-8-O "Urban Core Transect — Open is appropriate for the subject property
at 3616 NW 20 Ave, and the rezone from T5-L "Urban Center Transect - Limited to T6-8-O "Urban
Core Transect — Open is inappropriate for the subject property at 3616 NW 20 Ave.
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned
findings, the Department of Planning herby provides the following recommendations:
#
Address ,
Folio No.
Zoning Classification
Planning Department
Recommendation
Current
Proposed
7
3620 NW 20 Ave.
01-3122-000-0852
T5-L "Urban Center
Transect - Limited"
T6-8-O "Urban Core
Transect - Restricted"
Denial
2
3616 NW 20 Ave.
01-3122-000-0830
T5-L "Urban Center
Transect - Limited"
T6-8-O "Urban Core
Transect - Open"
Approval
T6-8-O "Urban Core
Transect - Open"
Jacque Ellis
Chief of Land Development
SEG
11/13/2017
Attachments:
"Attachment A": Legal; Description
"Attachment B": Declaration of Restrictive Covenants
PZAB File ID. 2709
Page9of9
A
AERIAL
FILE ID: 2709
ADDRESSES: 3620 NW 20 AVE & 3616 NW 20 AVE
0 125 250
500 Feet
N
0 125 250
MIAMI 21 (EXISTING)
FILE ID: 2709
REZONE
r
CI
T3-O
NW 35TH ST
500 Feet
CI
T6-8-O
ADDRESSES: 3616 & 3620 NW 20 AV
N
0 125 250
MIAMI 21 (PROPOSED)
FILE ID: 2709
REZONE
500 Feet
ADDRESSES: 3616 & 3620 NW 20 AV