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HomeMy WebLinkAboutAnalysis, Maps & PZAB Reso1.1�Y OI'nl sty. `;Pyr e �J1.12~�f PROJECT ADDRESS: 53 and 61 NE 41 Street and 50, 58, and 68 NE 42 Street FILE ID: 15-00406zc APPLICANT: Tony Recio, Esquire, on behalf of Institute of Contemporary Art, Miami, Inc., together with joint applicant, the City of Miami COMMISSION DISTRICT: District 5 NET OFFICE: Little Haiti Zoning Designation: T3-L/T4-0 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 NE 41St Street and NE 42nd Street between (approximately) North Miami Avenue and NW 1St Avenue. The proposed change of zoning for the parcels fronting NE 41St Street is from T4-0 (General Urban Transect Zone Open) with the Miami Design District Special Area Plan overlay to T5-0 (Urban Center Transect Zone Open). The proposed change of zoning for the parcels fronting NE 42nd Street is from T3-1- (Sub - Urban Transect Zone Limited) to T4-0 (General Urban Transect Zone Open). (Complete legal description is on file with the Hearing Boards Section). The subject area consists of five (5) parcels totaling approximately 0.644 acres. Two (2) parcels are located on the north side of NE 41St Street, and three (3) parcels are located on the south side of NW 42nd Street. The full subject site is located on a block bounded by N Miami Avenue on the west and NE 1St Avenue on the east. There is a higher density activity center that impacts this area; the Miami Design District Retail Street (MDDRS) SAP. This district begins roughly at NE 42s1 Street and expands to the south and east, consisting of property zoned T5-0 as well as T6-8-0. The southern half of the subject site is contained within the MDDRS SAP. Through this rezoning process the applicant has proposed the removal of this portion of the subject site from the SAP entirely. DACRA donated the portion of the subject site currently located within the Design District to the applicant for the express purposes of constructing a contemporary art museum and sculpture garden. DACRA is supportive of the modification of the SAP, and the SAP will be amended subsequent to this rezoning. The area proposed to be rezoned is located within the Little Haiti NET area, and Commission District 5. Most of the surrounding area is fully developed, though the two parcels within the subject site fronting NE 41St Street are currently vacant. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Duplex Residential/General Commercial Zone Maximum of 18/150 D.U. per acre Surrounding Properties NORTH: Duplex Residential Maximum of 18 D.U. per acre SOUTH: General Commercial Maximum of 150 D.U. per acre EAST: Duplex Residential/General Commercial Maximum of 18/150 D.U. per acre WEST: Duplex Residential/General Commercial Maximum of 18/150 D.U. per acre ANALYSIS ZONING Subject Properties: T3-L/T4-0; Sub -Urban Center Transect Zone Limited/ General Urban Transect Zone Open Maximum of 9/36 D.U. per acre Surrounding Properties NORTH: T3 -L; Sub -Urban Transect Zone Limited Maximum of 9 D.U. per acre SOUTH: T5-0; Urban Center Transect Zone Open Maximum of 65 D.U. per acre EAST: T3-L/T4-0; Sub -Urban Transect Zone Limited/ General Urban Transect Zone Open Maximum of 9/36 D.U. per acre WEST: T3-L/T4-0; Sub -Urban Transect Zone Limited/ General Urban Transect Zone Open Maximum of 9/36 D.U. per acre Following the above referenced "Background", this proposal for rezoning is taking into 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 intense Transect Zone or by a Special Area Plan, and in a manner which 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, the southern half of the block bounded by NE 41St Street on the south, NW 42nd Street on the north, N Miami Avenue on the west, and NE 1 It Avenue on the east was zoned SD -8 (Design Plaza Commercial -Residential District). The intent of this designation was; "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 File Id. 15-00406LU Page 2 of 4 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." While no longer valid, the character created by the SD -8 designation primed this area to evolve into a Special Area Plan (SAP) under Miami 21. The two parcels of the subject site fronting NE 41st Street are currently a part of the MDDRS SAP. The intent of this SAP is as follows; "To guide the design, construction and management of a new retail pedestrian street and its surrounding city streets in the Design District to ensure a high quality, mixed use, pedestrian experience... The Building Fapade Lines of the Miami Design District Retail Street SAP are drawn to support the continuity of the existing Design District street wall, to form the sequential character of the pedestrian street experience, and to give store tenants appropriate space distribution and visibility." The applicant has requested the portion of the subject site currently within the MDDRS SAP (the two parcels fronting NE 411t Street) be removed from SAP through a subsequent amendment. However, the character and scale of NE 41St Street has been established through its inclusion in SD -8 and its inclusion in the SAP. Thus, the surrounding context has been taken into account during the analysis of this proposed zone change. This proposed zoning change is intended to accommodate a contemporary art museum and a sculpture garden. This use is appropriate in the context of the Design District, and with proper treatment, can be appropriate abutting a single family neighborhood. The application as presented rezones the portion of the subject site fronting NE 42nd Street from T3 -L to T4-0, and the portion of the subject site fronting NE 41St Street from T4 -L with Miami Design District Retail Street SAP overlay to T5-0. This requested rezoning is successional as required by Article 7, Section 7.1.2.8 (a) 3. While the applicant can accommodate an art museum and sculpture garden with the proposed zoning, City of Miami Planning Staff are recommending that the entire subject site be rezoned to Cl, The Civic Institution (CI) zoning category is defined in Miami 21 as "a zone with uses primarily dedicated to Functioning for community purposes such as, cultural, educational, environmental, governmental, public transit, public parking and religious facilities." The applicant agrees that this is a more appropriate zoning designation. The applicant would have applied for this zoning designation, however it is not an extension of an existing transect zone, the subject site is not a cumulative forty thousand (40,000) square feet, and it does not have two hundred (200) square feet of street frontage on one (1) street. Planning Staff is recommending CI for several reasons. The proposed use of a contemporary art museum would be better suited to the definition and intent of the Civic Institution zone, included above. This zoning designation is more appropriate for the proposed underlying Future Land Use Designation of Major Institutional, Public Facilities, Transportation, and Utilities. Additionally, rezoning to Cl instead of T4 -0/T5-0 will trigger the exception process for the contemporary art museum use rather than a Warrant. This will require the project to undergo additional analysis, come before the PZAB, and receive additional public input. This also changes the noticing requirements for the use; With a Warrant, all abutting property owners are noticed, and with an Exception, all property owners within 500 -feet are noticed. Pursuant to Article 7, Section 7.1.2.8 (a), it is a requirement that the proposed zoning change shall maintain the goals of Miami 21 to preserve neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. By recommending a rezoning to Cl, a zoning designation will be introduced that is neighborhood enhancing, rather than neighborhood Held. 15-00406LU Page 3of4 intruding. The only residential use permitted in Cl is a Dormitory, minimal commercial uses are permitted, and every use permitted in Cl requires an Exception. Cl also effectively addresses transition in areas of Intensity, Density, Building Height, and Scale. This is regulated in Article 5, Section 5.7.2.4 (a); "Any property located within a CI Zone may be developed according to the regulations of the most restrictive Abutting Transect Zone with all Frontage Setbacks considered a minimum," and Section 5.7.2.4 (b), "Development in a CI Zone shall follow the regulations of the Abutting Transect Zone, except that Height restrictions shall be as follows:... A Cl Zone predominantly abutting T3 or T4, shall be developed to no more than the maximum Height allowed by T5." Thus, Cl is a more desirable designation with regards to both the intent of Miami 21 and maximization of public input. Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends denial of the proposed zoning change as presented, but recommends approval of the proposed zoning change with the condition that the entire subject site be rezoned to Cl. r f Christopher Brimo Chief of Land Development J. Eisenberg File Id. 15-00406LU Page 4 of 4 Analysis for ZONING CHANGE File ID: 15-00406zc Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ® ❑ ❑ b) The proposed change is in harmony with the established land use pattern. ® ❑ ❑ c) The proposed change is related to adjacent and nearby districts. ® ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ® ❑ ❑ e) 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. ❑ ® ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ® ❑ ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ® ❑ ❑ h) The proposed change positively influences living conditions in the neighborhood. ® ❑ ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ® ❑ ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. ® ❑ ❑ k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. ® ❑ ❑ 1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. ® ❑ ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ® ❑ ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ❑ ❑ ® o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ ❑ ® p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. MIAMI 21 ZONING MAP (EXISTING) 0150 300 600 Feet ' ' ' I I I I I ADDRESS: 53-61 NE 41 ST AND 50-68 NE 42 ST MIAMI 21 ZONING MAP (PROPOSED BY STAFF) NW 45TH ST I I I NE 45TH ST NE 45TH ST 4=L9 INME11100103 kilo NW 44TH ST T4 - NE 43RD ST NE 43RD ST II NW 42ND ST I NW 40TH ST I NE 40TH ST T4 -L NE 39 T� 0 150 300 600 Feet WIN 110, 01011, X12 ADDRESS: 53-61 NE 41 ST AND 50-68 NE 42 ST MIAMI 21 ZONING MAP (PROPOSED) 0 150 300 600 Feet ' ' ' I I I I I ADDRESS: 53-61 NE 41 STAND 50-68 NE 42 ST v 150 300 600 Feet I ' ' I ' ' I I ADDRESS: 53-61 NE 41 STAND 50-68 NE 42 ST 0I, City of Miami Legislation PZAB Resolution File Number: 15-00406zc City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-0 "GENERAL URBAN TRANSECT ZONE OPEN" WITH MIAMI DESIGN DISTRICT SPECIALAREA PLAN TO T5-0 "URBAN CENTER TRANSECT ZONE OPEN"; AND T3 -L "SUB -URBAN TRANSECT ZONE LIMITED" TO T4-0 "GENERAL URBAN TRANSECT ZONE OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 53 and 61 NE 41st Street and 50, 58, and 68 NE 42nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc. and joint applicant Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the proposed changes to zoning. Staff is recommending the entire subject site be rezoned to Cl "Civic Institutional". See supporting documentation and companion File ID 15-004061u. PURPOSE: This will allow a zoning change for the properties located at 53 and 61 NE 41 st Street from T4-0 with Miami Design District Special Area Plan to T5-0; and a zoning change for the properties located at 50, 58, and 68 NE 42nd Street from T3 -L to T4-0. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 6, 2015, deferred this item to July 1, 2015; and WHEREAS, the City Commission, at its meeting on May 14, 2015, directed the Miami Planning, Zoning and Appeals Board to hear this item on June 3, 2015; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 3, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item no. *, recommending * of the Zoning Changes as set forth; and WHEREAS, the proposed zone changes * in harmony with the established land use pattern City of Miami Page I of 3 File Id: 15-00406zc ([version: 3) Printed On: 5/26/2015 File Number: 15-00406zc and the adjacent and nearby districts; and WHEREAS, the proposed zone changes * out of scale with the needs of the neighborhood or the city; and WHEREAS, the proposed zone changes * maintain the same or similar population density pattern and thereby * increase or overtax the load on public facilities such as schools, utilities, streets, etc.; and WHEREAS, the proposed zone changes * create district boundaries that are illogically drawn in relation to existing conditions on the properties proposed for change and there * changing conditions making the passage of the proposed changes necessary; and WHEREAS, the proposed zone changes * contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; and WHEREAS, the proposed zone changes * convey the same treatment to the individual owner as to the owners within the same classification and the immediate area and furthers the protection of the public welfare; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, * further amended by changing the zoning classifications for the properties at 53 and 61 NE 41st Street, Miami, Florida, from T4-0 "General Urban Transect Zone Open" with Miami Design District Special Area Plan to T5-0 "Urban Center Transect Zone Open"; and a zoning change for the properties located at 50, 58, and 68 NE 42nd Street, Miami, Florida, from T3 -L "Sub -Urban Transect Zone Limited" to T4-0 "General Urban Transect Zone Open", as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS City of Miami Page 2 of 3 File Id: 15-00406zc ([version: 3) Printed On: 5/26/2015 File Number: 15-00406zc VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id. 15-00406zc (Versiotr: 3) Printed On: 5/26/2015 EXHIBIT A LEGAL DESCRIPTION Lots 4, 5, 6, 19, and 20, plus the Western '/2 of Lot 21 of Block 8, BILTMORE Subdivision, according to the plat thereof, recorded in Plat Book 6 at Page 67 of the public Records of Miami - Dade County, Florida