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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