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Home My WebLink AboutAnalysis and MapsCity of Miami Planning and Zoning Department Division of Land Development Applicant(s): Location: Commission District Net District Office: Manner: Derrick Cook ANALYSIS FOR REZONING PZAB File ID No. 2704 Magnolia Holdings 38TH Street, LLC. Approximately 428. 430 and 454 NE 38 Street and 433, 441 and 457 N37 Street, Miami. Florida 33137 District 2 — Commissioner Ken Russell Upper East Side NET A. GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1 ,2.8, of Ordinance 13114, as amended, the "applicant" is requesting a change of zoning of seven Lots generally located at: 428, 430 and 454 NE 38 Street and 433, 441 and 457 NE 37 Street, Miami. Florida from "T5-R" Urban Center — Restricted Transect Zone to "T6-6-O' Urban Core — Open Transect Zone. Illustration.]: Subject property (Aerial) ADDRESSES 438 4.M. aAA, 454 NI' :I n °, AND 433, 441, 457 NE 37 ST SUBJECT PROPERTIES: The subject properties encompass approximately half a city block; generally bounded to the north by NE 38 Street: to the east by Interstate 195 entrance ramp, to the south by NE 37 Street, and to the west by NE 15 Court. The assemblage of the properties, comprises seven parcels totaling approximately 60,551 square feet or 1.39 acres, as depicted in "Table No,1; Property description and rezoning request" (complete legal description of the property is on file with the Hearing Boards Office). Table No. 1: Property description and rezoning request Folio No. Address 0132190 110240 454 NE 33 Street 2 Lot Size (S q,Ft. )* Zoning Classification Current 9,779 0132900110250 448 NE 38 Street 8,400 3 01321901 0260 430 NE 38 Street 4 0132190110270 428 NE 38 Street 7,920 7,755 0132190190100 457 NE 37 Street 13: 552 0132190190120 0132190190150 441 NE 37 Street 6:608 433 NE 37 Street 6;537 60,551 5-R. "Urban Center Transect Zone - Restricted Proposed T6-8-O (Urban Core Transect Zone - Open Note: Lot size in Table 1 reflects information obtained from public records, The surveys provided as part of the application show adjustments in size when considering dedications_ The aggregate area as per Survey is 60,551 sq. ft. (1.39 ± acres). The request depicted in Table 1 qualifies to be considered for a rezone pursuant to Miami 21 Code, Sec. 7.1.2.8(c) by including at least 40:000 square feet of property and the change of zoning request is successional pursuant to Sec, 7.1.2.8(a). B. BACKGROUND The subject seven Lots represents an assemblage of Lots by the applicant Magnolia Holdings 38° ' Street, LLC. The subject Lots were zoned "R-3,' Multifamily Medium Density Residential under the previous 11000 Zoning Ordinance. The previous zoning designation was deemed a residential category that allowed single-family. duplex and multifamily structures up to and including low-rise apartment structures with a maximum density of 65 units per net acre and maximum Height of fifty feet from flood level or average sidewalk elevation, whichever is higher_ When Miami 21 Code was adopted in May 2010, the subject properties were rezoned to "T5-R' Urban Core Transect Zones_ The T5-R maintained the characteristics of the previous zoning ordinance with a maximum Density of 65 units per acre and the low-rise structures of maximum height of 5-stories. PZAB Fire II) No. 2704 Page 2 of 9 11000 Zoning Map Miami 21 Zoning Map larch r2 tur9 1'4.5'. ]sT q9 e5 u} a • + Try-:10A L EF '. 'Ai] C. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN: 1:4.sI4 0 2'u aio MO ' ! I r ! / r - o RE 120 xom The requested change of zoning of T6-3-O is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of "Medium Density Multifamily Residential' for the properties and therefore a companion future land use amendment is necessary of 'General Commercial or Restricted Commercial'', The applicant is seeking to amendment the MCNP to "Restricted Commercial" under File # 2703. Existing Zoning Designation !W EMESO!'k 44,5 41IX 1-45. i8}. hC X.:T kf'.1 '."T Proposed Zoning Designation +CCTf1ses% 42E. 00 +N ♦F, NC ]! iT sxn g$ ui +3T4G13T PZAB File ID No. 2704 Page 3 of 9 FUTURE LAND USE DESIGNATION ZONING Subject Properties: Subject Properties: Medium Density MuFtifamily Residential 65 DU/AC. T5-R :'Urban Center" Transect Zone Restricted" NEIGHBORHOOD CHARACTERISTICS: NORTH: Medium Density Multifamily Residential 65 NORTH: "T4—R" General Urban— DU/AC Restricted SOUTH: Restricted Commercial 150 DU/AC South: "T6-8-O" Urban Core — Open EAST: Medium Density Multifamily Residential 65 EAST: "T5-L' Urban Core — Open DU/AC WEST: General Commercial 150 DU/AC WEST: 76-12-L" Urban Core — Limited In regards to the Uses allowed for the Transect Zone involved in this rezoning request, below is an excerpt of Article 4: Table 3 of Miami 21 Code, which illustrates the additional uses allowed with the proposed change of zoning. As the chart below denotes. the allowed Uses within the T5-R and T6- 8-0 Transect Zones have notable differences that are indicative of the restricted and open designations. The T6-8-0 will introduce numerous uses that the T5-R does not allow and the uses are incompatible within the well -established residential. Excerpt of Article 4, Table 3 of Miami 21 Code RESIDENTIAL T&-R 65 T6-6- 150 SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOMEOFFICE LIVE - WORK WORK -LIVE LODGING BED & BREAKFAST INN HOTEL OFFICE OFFICE COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB. ADULT FOOD SERVICE ESTABLISHMENT R R R T5-R TS.i-O R R T5-0 T6-a-O T5-R R T6-e-0 w R PZAB File ID Noe 2704 Page 4of9 BEVERAGE SERVICE ESTAB. IIALCOHOL GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY' REGIONAL ACTIVITY COMPLEX IVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLECEIUNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER. MIDDLE 1 HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAININONOCATIONAL BUILDING DISPOSITION LOT OCCUPATION a. Lot Area - With rear vehicular as 5,000 at mlo.; 4O,0Xl cl max. 1,200 s!. min.; 40,000 €ef. ma b. Ltat 5'd tlh - Aith rear vehicular access 54 Ii Min. 16 IL rein. c. Lot Cowexage &154 max d. Floor Lct Rao ;FLR) ITA e. Frontage at from Setadc 70° rn n. f. Open Spacer 109 Lot Area min. 9. °entity 15 dtVac max. BUILDING SETBACK ar. Plintxpal Fferit 10 ft. rare. i . Sectrrr+dary Frcrri 14 It. min. c. Side 0It min d. Bear 0 A min e. Atutting S-.W or Rear Tt 611. min �.biJnirgS de. or RearT3 1a%ofLot depthw in.1ttycvg 2y Story 2.6 ft Will. abate 2-' Story W E R E R TS.}; E T$$-t 4V W E W T5-F E E W W E E R BUILDING ONFIGURATION FRONTAGE a. C+orrtrrur Lava prohibited b. Porch &Fence whittled e. Terrace or L.O. proNWed d. Foreaortt permitted e, Stoop permitted f. Skiciotront permittediT5 Land TS 0 wily) 9. Gallery permitted by Special Area Plan h. Arcade permitted by Special +lea Ran BUILDING I-EEIOHT a Min i-exiht 2 Stories b Max. Height 5 Sleets c Max Bereft I-e41,# 1 SIdTAbunir. J1 PZAB File ID No, 2704 Page 5 of BUILDING DISPOSITION LOT OCCUPATION a teArea 5000 s.f rim t0000s r ma+. b La Wail 50 1 9TF' c.1nt &i age .'-armies 811%,rax -.1510 a Et" Sten. 15 OK E.ci t. rear. Fxxxplate fa RESdertgd & Lot°grq 30 007 sa fit. rnurplare kw ixfre & COMTheXiel d.F oar Lot Ratio FLR S'25%addlical Ptak eery e. Frcr acp at NEM Stebazt 70% ifir t. Cpdr Space 1 to Lot Aloe rttn. 9 Drm1.y 1 a0 du'ec max' BUILDING SETBACK a Prrobal= it 14M.mitt, 20fl rm abuyrFStory h.<iatcntayFrtra 1O11.mii.,2011 mei almkeS' airy c. Side O It roc ; 30 t. rtr. above IT SIRp 4 Fir OIL am., 30 IL rrin. above EP E tarp a. Muting &lecrRearT5 t4It. rdn.1"througr5"Stilly ,"O ft Till a" thrill+ r b' bay 30 Ft rcrn ahow 8 y gating $ideC"Real '4 6h rail 1•Ihroutp 5,'Sixy 26 R. mart above 5* St rt warp SI* ev Fe& F3 10°s c4Lotdoghls" mn.'I "th r2•t 9rnry 26.1. min. 3" 1 5" Sally 4& i. min. above 5` Starr Urban Core Transept Zone T6.8 BUILDING CONFIGURATION FRONTAGE a. COMrixin Lion txchiieir.ed b. P17rc '+ & Fete Frchiti7ed C. TetraiMorLC G.rhibr'A ci. orecuurt rkinirr.fi ee SEDDID Zen la-21 f. Shopfrort :€ i n ttEd (Tb-2 L and T6-8 ()only) $ C+ Ikiy itcl by So• Hal,5reePion b AACade cermited by So=-ial 4rea Par BUILDING HUG'-T a Mr. Height 2 St vies Max r-light B &cries C. 1.44x .+re'..t'Height 4 Ctcnes Abutirg al! 7ramecl..3 Z ones except T3 Conversely, the above Building Disposition and Building Configuration charts show for T5 and T6-8, site development for both Transects are saddled by equivalent constraints, i.e. Setbacks, Lot coverage, and Frontage requirements. The principal exceptions fall under T6-8 that necessitate additional Setback above the eighth story, has greater Density, and Height and Floor Lot Ratio (FLR) bonus, However, an applicant may trigger the additional Setback above the eighth story by seeking additional Floor Area up to bonus Height and FLR above the T6-6 by -right Height of eight stories through the Public Benefits Program, pursuant to Article 3. Section 3,14 of the Miami 21 Code. D. ANALYSIS: This application request a change of zoning of the properties generally located at 428, 430, 448 and 454 NE 38 Street and 433, 441 and 457 NE 37 Street. Miami, Florida from "T5-R" (Urban Center Transect Zone- Restricted) to "T6-5-0' (Urban Core Transect Zone - Open). The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1,2,8 (a), (a)(3), (c)(1) & (f)(2) of Miami 21: 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". PZAB File ID No, 2704 Page 6 of 9 Analysis of The request is for the rezoning of seven properties of which the aggregated Criteria 1 area involves more than 40,000 square feet of land. Finding 1 Criteria 2 The request complies with requirement for rezoning as set forth in Miami 21 Code, Sec. 7.1.2.8 (c) (1) as the proposal contains 60,551 square feet of land. Sec.7.1.2.8 (f)(2) for rezoning: 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 of The rezoning: as requested, is indicated as successional by Miami 21 Code_ Criteria 2 Finding 2 The rezoning, as requested, matches with the successional Table for rezoning set forth in Miami 21 Code, Sec. 7,1.2.6 (a)(2). and consequently comply with Sec .7.1.2.8 (f)(2)_ Criteria 3 Are the proposed changes related to adjacent and nearby districts, and within the scale and needs of the neighborhood? Analysis of The subject properties abuts T6-12-L on the west, Interstate 195 to the Criteria 3 south with T6-24A-O south of the Interstate: T5-0 an the east and T4-R to the north. The applicant believes that the current zoning is inconsistent with the surround urban dynamic of commercial and office uses along Biscayne Boulevard coupled with the Miami Design Retail District west and Midtown located southwest of the subject site. The applicant further asserts that the proposed rezoning of T6-8-0 allow high -density mixed -use development conducive with the areas urban form. In that, the proposed T6-8-0 is the ideal successional trarisect zone to the T6-12-L Transect Zone that abuts the subject properties on the west. Furthermore, the applicant attests that the proposed zoning would also allow development that can physically rise above the noise and the busy roadways while allowing density that will support commercial establishments that can serve the residents of the area. In contrast, the change of zoning from T6-R to T6-8-0 represents an intrusion of incompatible uses and density within an established low rise residentially zoned area. In that, the proposed zoning will allow a litany of commercial uses by -right or through special permit that are currently not allowed coupled with more than doubling the density from 65 units per acre to 150 units per acre. PZAB Fife ID No. 2704 Page 7 of 9 As to the merits of the proposed rezoning successional nature and compatibility, the applicant seems to contemplate at a micro -level how the proposal fits with the transect zones that abuts the subject properties to the west and to the south of 1-195 and on a macro -level as to how the change of zoning would correspond with the prevailing transects to the south, southwest and west However, when one assesses the rezoning within the context of the subject properties located east of Biscayne Boulevard and north of 1-195, the change of zoning disrupts the existing transitional nature of the area. The prevailing transect zones are of a residential character oriented in a cohesive successional pattern that flows from 1-195 northward T5 R, T4-R. and T3-R. The transect zones respectfully allow low rise residential, townhome, and single-family without any mixed -use elements. Furthermore, the proposed T-8-0 will introduce commercial uses within the well -established residential area that constitute an inconsistency with the urban fabric of the area and represents an intrusion of uses incompatible with neighborhood context. Even though T6 transect zones are appropriately located along the major corridor of Biscayne Boulevard, the advancement of commercial uses into the residential character of the subject properties will distort the transitional natural of the area in height, intensity, and density. Finding 3 The requested rezoning represents an intrusion of higher density and intensity in the area. The change of zoning allots opportunity to produce a development out of scale with the area that adversely impacts traffic conditions low-rise and single family characteristic of the area_ Staff deems this rezoning request as inappropriate and inconsistent with current urban fabric of the area. Criteria 4 The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. Analysis of The requested rezoning entails significant increase in the number of units Criteria 4 allowed and therefore Toad an public facilities such as schools, utilities, streets, etc. The change of zoning inflates the density by more than double the existing density of 65 units per acre to 150 units per acre. Finding 4 Criteria 5 The proposed change of zoning constitutes an increase in Density and Intensity within well -established T5 Transect Zone. Therefore_ the change of zoning to T6-8-0 is inconsistent with the establish area. It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. PZAB File ID No, 2704 Page 8cof9 Analysis of The subject properties are buildable_ Staff is unaware of any hardship or Criteria 5 conditions that prevent the applicant to be able to design and built a development that complies with Miami 21 Code. The current zoning allows the same building disposition and configuration as the proposed T6-8-0 with a maximum Height of 5-stories and 65 units per acre. Even though a nonconforming parking lot abuts the subject properties to the north: the current zoning maximum height and density represents ideal transit with the T4-R Transect Zone of the parcel north of the area of the request. Finding 5 Not granting the rezoning does not entail any limitation to the property owner to fully develop the site under the existing transact code. E. CONCLUSION: As most recently specified, the subject properties constitute fully developable Lot under their current zoning of T5-R, No site constraints are evident that generate any hardships that hinder design options preventing compliance with the Miami 21 Code. The proposed change of zoning to T6-8-0 introduce incompatible Uses, Height, and Density into a well -established low rise residentially zoned area. As presented, the change of zoning application does not justify the rezoning as requested. The rezoning from T5-R to T6-8-0 denotes an intrusion of density and intensity within a defined Transect boundary that disrupts a key Miami 21 principal of transitional zoning. F. RECOMMENDATION: Pursuant to Miami 21 Code, Article 7, Section 7,1,2.8 of Ordinance 13114, as amended and the aforementioned findings, the Department of Planning and Zoning recommends Denial of the rezoning requested of the properties generally located at: 426, 430, 448 and 454 NE 38 Street and 433. 441 and 457 NE 37 Street from T5-R to T6-8-0. pacquelin hief o,,f, and Development Derrick Cook Pe. 311212018 PZAB File ID No. 2704 Page 9 of 9 AERIAL FILE ID: 2704 ADDRESSES: 428, 430, 448, 454 NE 38 ST AND 433, 441, 457 NE 37 ST 0 137.5 275 550 Feet I T680; '1P. r/6d4 T6-1�/ - Reta Street Special Miami Design District Ar T612=0 MIAMI 21 (EXISTING) FILE ID: 2704 REZONE NE,37TH ST NE 39TH•ST NE 38TH,ST NE 37,TH;ST 1 ✓Uk/4 ,JULIA•TUT�TLE CSWY 7,Q7, Arpr U / > "1/, -24A=0 Az mF. r Amwo NE36THST #636A-O 1 7IQ N 0 125 250 1 500 Feet 1 1 Transit Corridors Transit Corridor Buffer • • Established Setback Area ADDRESSES: 428, 430, 448, 454 NE 38 ST AND 433, 441, 457 NE 37 ST MIAMI 21 (PROPOSED) FILE ID: 2704 REZONE T6-8-O .rd10 IS ON VA I WA 0 . A AVAA1 . 1 ° ww. rm T6=12=L T6-12-0 I Miami Design District AlismA - Retail Street Special r/I ��0 � i,„ Plan T6-/2-0 r NE'37TH ST NE 39TH•ST NE 38TH ST r cc: ArAor pt/4JULIA.TUTTLE � ,JULIA•TUT�TLEGSWY frO I$vz-1 -_ NE,36TH ST A , • . A g r A 7 I T6-36A-OJT r N 0 125 250 500 Feet NE 37,TH,ST ADDRESSES: 428, 430, 448, 454 NE 38 ST AND 433, 441, 457 NE 37 ST