HomeMy WebLinkAboutAnalysis and MapsCity of Miami
Planning and Zoning Department
Division of Land Development
ANALYSIS FOR REZONING
File ID
PZ-18-400
Applicant
Ben Fernandez, Esq. on behalf of 7th and 45th Avenue Venture, LLC
Location
790 NW 44 Avenue
Folio
01-3132-016-0080
Transect
"T5-R" Urban Center — Restricted
FLUM Designation
Restricted Commercial
Commission
District 1 — Commissioner Wifredo (Willy) Gort
NET District
Flagami NET
Planner
Chris Torres, Planner II
A. GENERAL INFORMATION
REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, 7th and 45th Avenue
Venture, LLC (the "Applicant") is requesting a Change of Zoning from "T5-R" Urban Center Transect
Zone- Restricted to "T6-8-O" Urban Core Transect Zone - Open for the property identified with the Folio
No.: 01-3132-016-0080, located at approximately 790 NW 44 Avenue (the "Property").
Figure 1- Current zoning designation:
Figure 2- Proposed zoning designation:
SUBJECT PROPERTY: The Property is a vacant interior parcel located in the south east portion of the
city block bounded by NW 9 Street to the north, NW 44 Avenue to the east, NW 7 Street to the south,
and NW 45 Avenue to the west. The Property is zoned T5-R and is approximately 7,020 square feet
(0.16 acres) in size. The Property is bordered by multi -family residences to the north and west, multi-
family residences and an auto -related establishment to the east across NW 44 Ave, and a vacant
parcel to the south.
Figure 3- Aerial view of the subject property:
NW BTH TER
• r..
NW 7TH ST
B. BACKGROUND AND PROPOSAL
The Applicant currently owns the three parcels fronting NW 7 Street between NW 45 Avenue and
NW 44 Avenue. See folios and addresses below:
• 4401 NW 7 ST- 01-3132-006-0140
• 4431 NW 7 ST- 01-3132-006-0130
• 4475 NW 7 ST- 01-3132-006-0120
As indicated in the letter of intent, the Applicant proposes to provide excess parking spaces for a
new supermarket to be located within the three above referenced addresses and folios. Staff is
concurrently reviewing an Exception application (PZ-18-938) pursuant Article 5.6.1 of Miami 21 to
increase the allowable Maximum Lot size of 40,000 square feet in T6-8-O.
Approval of the Rezoning application would allow the excess parking spaces to be able to operate
under the proposed T6-8-O Transect Zone as a General Commercial use. General Commercial is
prohibited in the T5-R Transect. Furthermore, accessory parking cannot serve a use that is not
allowed in the current Transect Zone, as indicated in Zoning Interpretation 12-0001 which clarifies
the procedures for accessory or incidental parking.
The proposed supermarket (outlined in yellow) and excess parking (outlined in red) locations are
reflected in image below:
PZAB File ID. PZ-18-400 ,790 NW 44 Ave
Page 2 of 8
Figure 4- Applicant's Proposal:
4401 NW7ST
4431 NW 7 ST
7 T
The Applicant has also submitted a draft Restrictive Declaration Covenant (Matter ID NO.18-1877) which
will limit the uses on the subject site as follows:
• Any commercial use of the Property shall be limited to surface parking and landscape open space
to only serve abutting commercial uses on the T6-8-O zoned properties to the south located
between North West 7 Street and the Property (4401, 4431, 4475 NW 7 Street further identified
by Miami -Dade Tax Folio Nos. 01-3132-006-0120, 01-3132-006-0130 and 01-3132-006-0140).
• If the Property is not developed as a parking lot, rather than remaining vacant, the site may be
redeveloped with Uses permitted in the T5-R Zoning Transect.
Should the requested change in zoning be approved, the Covenant will provide a safeguard against the
encroachment of all Commercial uses (except ancillary parking) into the existing Multi -family
neighborhood.
C. COMPREHENSIVE PLAN
Pursuant to the Correspondence Table - Zoning and Comprehensive Plan of the Miami Comprehensive
Neighborhood Plan (MCNP), the requested change of zoning to T6-8-O is consistent with the existing
land use designation of Restricted Commercial for the property. A companion future land use map
amendment (FLUM) is not required.
PZAB File ID. PZ-18-400 ,790 NW 44 Ave
Page 3 of 8
D. ANALYSIS
MIAMI 21 CODE:
The Property is zoned "T5-R" Urban Center Transect Zone — Restricted, as described above.
Supported development in this zoning designation includes Residential Uses By Right, and restricted
Civic and Educational Uses through the Warrant and Exception processes. An excerpt of Article 4,
Table 3 of the Miami 21 Code is included below to illustrate the additional uses permitted By Right or
through an administrative process 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
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
REC REATIONAL ESTABLISHMENT
CIVIC
COMMUNITY FACILITY
RECREATIONAL FACILITY
T5-R
65
R
R
R
R
R
E
E
4
4
4
4
5
5
4
4
4
5
5
5
5
5
4
5
5
R
R
R
R
R
R
R
R
R
R
R
W
R
R
E
R
W
W
R
R
W
R
PZAB File ID. PZ-18-400 ,790 NW 44 Ave
Page 4of8
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
E
W
E
E
E
E
E
E
E
3
4
4
4
4
4
4
4
4
3
3
4
4
3
R
E
W
W
W
W
W
W
W
W
R
W
R
R
W
The chart above shows that the requested change in zoning will increase the number and intensity of the
uses allowed, especially commercial uses which are currently not permitted in the T5-R Transect Zone.
Furthermore, the requested change from T5-O to T6-8-O will result in an increase in density from 65
dwelling units per acre to 150 dwelling units per acre.
CRITERIA FOR REZONING:
In accordance with Article 7, Section 7.1.2.8.a., a change may be made to a Transect Zone in a manner
which maintains the goals of Miami 21. In the recommendation, staff must show that it considered and
studied the request with regard to the criteria identified in Miami 21 Article 7, Section 7.1.2.8.f. The criteria
and staffs findings are provided below.
Criteria 1
7.1.2.8.f.1.a "The relationship of the proposed amendment to the goals, objectives ana
policies of the Comprehensive Plan, with appropriate consideration as to whether the
proposed change will further the goals, objectives and policies of the Comprehensive
Plan; the Miami 21 Code; and other city regulations."
Analysis Land Use Goal LU-1: Goal LU-1 seeks to "Maintain a land use pattern that (1) protects
Criteria 1 and enhances the quality of life in the City's neighborhoods; ..."
Analysis of Goal LU-1: The request would introduce new intense uses, higher Density,
and height. The request would allow an additional seven Stories of height (three by
right and four additional via participating in the public benefits program) in a multi -family
neighborhood comprised of predominately two to four-story development.
Finding Goal LU-1: The request does not meet the intent of Goal LU-1 as it would
negatively impact the quality of life of the existing multi -family neighborhood by
PZAB File ID. PZ-18-400 ,790 NW 44 Ave
Page 5 of 8
increasing congestion and introducing new intense uses that are incompatible with the
existing context.
Policy LU-1.3.15 "The City will continue to encourage a development pattern that
enhances existing neighborhoods by developing a balanced mix of uses including
areas for employment, shopping, housing, and recreation in close proximity to each
other"
Analysis Policy LU-1.3.15: As described above, the proposed change in zoning would
allow for a wider variety of uses in a Transect that is predominately multi -family
residential. The largest change is amongst commercial uses which are not currently
permitted in the T5 Transect Zone.
Finding Policy LU-1.3.15: While the proposed change would introduce new uses into
the area, the neighborhood already has a well -established commercial corridor along
NW 7 Street. The corridor has a clearly distinguished zoning boundary line, as shown
in Figure 1. As it exists, the NW 7 Street corridor is within walking distance from the
adjacent residential neighborhood and serves the employment and retail needs of the
residents. This area currently meets the intent of Policy LU-1.3.15, and the change in
zoning would not further the goals of the MCNP.
LU-1.6.9: Land Use Policy LU-1.6.9 seeks to "establish mechanisms to mitigate the
potentially adverse impacts of new development on existing neighborhoods through
the development of appropriate transition standards and buffering requirements."
Analysis LU-1.6.9: The proposed change in zoning would allow the encroachment of
the abutting T6-8-O Transect Zone into a well -established T5-R Transect Zone.
Additionally, the proposed change would allow for an increase in height from five -
stories to 12 in a Transect that is predominately two to four stores in height, and an
increase in Density from 65 dwelling units per acre to 150 dwelling units per acre.
Finding LU-1.6.9: The requested change in zoning is inconsistent with Policy LU-1.6.9
as it does not maintain the transitional development goals of the Miami 21 Code. If
approved, the rezoning would permit a maximum Height and Density that are
incompatible with the existing context.
Finding Staff finds the requested change in zoning is inconsistent with the Goals and Policies of
Criteria 1 the Miami Neighborhood Comprehensive Plan listed above.
Criteria 2 7.1.2.8.f.1.b. "The need and justification for the proposed change, including changed or
changing conditions that make the passage of the proposed change necessary."
Analysis According to the letter of intent dated June 4, 2019, the Applicant "requires the rezoning
Criteria 2 of the Property in order to provide surface parking" for a future supermarket. The
supermarket is proposed "on the abutting property to the south which will include the
entire block face from NW 44 Avenue to NW 45 Avenue."
PZAB File ID. PZ-18-400 ,790 NW 44 Ave
Page 6 of 8
Finding Beyond the provision of excess parking for a commercial use, the letter of intent
Criteria 2 submitted by the Applicant does not address the need for the change nor the changing
conditions of the area.
Criteria 3
The three lots to be developed as a supermarket total approximately 94,906 square
feet which exceeds the maximum lot area of 40,000 square feet permitted in the T6
Transect Zone. The guiding principles of Miami 21 seek to create pedestrian -oriented
and mixed -use neighborhoods where "ordinary activities of daily living should occur
within walking distance." Additionally, Miami 21 encourages the location of land uses
near transit stops to reduce dependence on the automobile and encourage alternative
modes of transportation, as set forth in Article 2, Section 2.1.3 of the Miami 21 Code.
NW 7 Street has been identified as a Transit Corridor that is well served by several
Miami -Dade County Metro Bus routes. The proximity of the supermarket site to the
abutting neighborhood could encourage residents to walk. By using parking as a
justification for change, the rezoning is inconsistent with Article 2 of Miami 21.
Furthermore, the supermarket site is within walking distance of a well -established multi-
family neighborhood. The provision of accessory parking does not support the goals of
the Miami 21 Code and does not serve as a valid reason to support the requested
change in zoning considering the size of the proposed development site.
Section 7.1.2.8.f.2. "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."
Analysis Section 7.1.2.8.2. establishes that changes shall occur in succession, in which the
Criteria 3 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 proposed change of zoning from T5-R Urban Center Transect Zone - Restricted to
T6-8-O Urban Core Transect Zone - Open meets the successional requirements
pursuant Section 7.1.2.8.a.3. of the Miami 21 Code.
The neighborhood is comprised predominantly of two to four-story multi -family housing.
The proposed change of zoning from T5-R to T6-8-O would increase the allowable
maximum number of Stories from five Stories to 12 Stories (eight Stories By Right with
an additional four Public Benefit Stories).
Furthermore, the proposed change of zoning would permit an increase in the number
of uses allowed on the Property and increase the maximum Density from 65 dwelling
units per acre to 150 dwelling units per acre.
As described above, the NW 7 Street corridor has a clearly distinguished zoning
boundary line, as shown in Figure 1. The boundary between T6-8-O and the T5-R
Transect Zone directly to the north follows the original lot lines of the Lejeune Garden
Estates plat (Recording Book 40, Page 37), and was established with the adoption of
Miami 21.
PZAB File ID. PZ-18-400 ,790 NW 44 Ave
Page 7 of 8
Finding 3 Although the requested rezoning from T5-R to T6-8-O is successional, it constitutes an
encroachment of the T6-8-O Transect Zone within an established T5 Transect Zone.
The allowed Height and Density would disrupt the scale and massing of the existing
development which ranges between two and four stories in height. Furthermore, the
request would introduce new and more intense Residential, Lodging, Office,
Commercial, Civic, Civic Support, and Educational uses within a predominantly
residential neighborhood.
The request could also increase the immediate population of the neighborhood. This
could have a negative effect in the neighborhood's current quality of life by introducing
more traffic and congestion.
In accordance with Article 7, Section 7.1.2.8.a.3 of Miami 21 Code, the request to
rezone is consistent with successional requirements.
In accordance with Article 7, Section 7.1.2.8.f.2 of Miami 21 Code, the request to rezone
is inconsistent with the goals of Miami 21 Code related to neighborhood preservation
and transitions in intensity and Building Height.
E. CONCLUSION
Based on the analysis of the materials submitted, staff finds that the request to rezone from "T5-R" Urban
Center Transect Zone- Restricted to "T6-8-O" Urban Core Transect Zone - Open, for the subject property
at 790 NW 44 Avenue is inappropriate to the area and inconsistent with the goals and objectives of Miami
21 Code. The rezoning would allow the encroachment of T6-8-O Transect into a well -established T5-R
Transect, permitting a development capacity and form that are incompatible with existing context and the
Miami 21 principal of transitional zoning.
As part of the requested change in zoning, the Applicant has proffered a draft Restrictive Declaration
Covenant. Should the requested change be approved, the Covenant would limit the uses on the Property
to surface parking and landscape open space that would to serve only the abutting commercial uses
directly to the south. If the Property is not developed as a parking lot, the site could be redeveloped with
allowed uses of the existing T5-R Transect Zone.
F. RECOMMENDATION
Pursuant to the Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, and the
aforementioned findings, the Planning Department recommends denial of the requested change in
zoning as presented.
J4cquel
thief of
PZAB File ID. PZ-18-400 ,790 NW 44 Ave
Page 8 of 8
0 125 250
AERIAL
PZ-1 8-400
REZONE
500 Feet
ADDRESS: 790 NW 44 AV
SUBJECT PROPERTY
MIAMI 21 (EXISTING)
PZ-1 8-400
REZONE
1
NW 45TH AVE
J
NW 9TH ST
T5-R
NW 6TH ST
NW 45TH AV
T3-O
T6-8-O
NW7TH ST
T4-R
W
2
H
W� 3R4 DUCT
NW 43RD CT
ADDRESS: 790 NW 44 AV
0 125 250 500 Feet
MIAMI 21 (PROPOSED)
PZ-1 8-400
REZONE
NW 45TH AVE
(
NW 6TH ST
T6-8-O
T6-8-O
NW7TH ST•
NW 8TH TER
T4-R
T3-O
w
2
H
ADDRESS: 790 NW 44 AV
0 125 250 500 Feet