HomeMy WebLinkAboutSubmittal-Elvis Cruz-Land Use & Zoning Change on NE 41 & 42 StreetLand Use & Zoning Change on NE 41 and 42 Street
Including the Buena Vista East Historic District
Items PZ.12 and PZ.13 Miami City Commission
Thursday, June 25, 2015
Packet of Public Documents
Table of Contents
1. Table of contents
2. Miami 21, section 7.1.2.8 a. "all [zoning] changes shall... preserve
neighborhoods"
3. Miami 21, section 2.1, Intent and Conservation Goals
4. Miami 21, section 7.1.2.8 c. 2. (g) "shall explain why... the existing
zoning is inappropriate"
5. Application letter with 7.1.2.8 c. 2. (g), but no mention of "why the
existing zoning is inappropriate"
6. Public Records Request for application analysis with "why the existing
zoning is inappropriate"
7. Miami 21, section 7.1.2.8 c, "no rezoning of land shall be considered..."
8. Zoning Analysis from Planning Dept, "CI is not an extension... not
40,000 square feet... not 200 feet of frontage"
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MIAMI 21
AS ADOPTED - MAY 2015
7.1.2.8 Amendment to Miami 21 Code
ARTICLE 7. PROCEDURES AND NO
ONFORMITIE
Submitted into the public
record for item(s) Q• 12_, p2,.l�j
on 151,City Clerk
a. Successional Zoning. The City's growth and evolution over time will inevitably require changes
to the boundaries of certain Transect Zones. These 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. All changes shall maintain the goals of this Code to preserve Neighborhoods and to provide
transitions in Intensity, Density, Building Height and Scale.
1. When a Cl zoned property ceases to be used for Civic functions, the successional rezoning
is determined by identifying the lowest Intensity Abutting Transect Zone, and rezoning to that
Zone's next higher Intensity Zone.
2. For a property of nine (9) acres or more, a successional change shall require a Special Area
Plan as described in Article 3.
3. For all successional zoning changes of less than nine (9) acres, refer to the table below.
TRANSECT ZONE
FLR
SUCCESSIONAL
ZONE
FLR
T1
--
T1
--
T2
--
N/A
--
T3
--
T4, Cl
--
T4
--
T5, Cl
--
T5
--
T6-8, Cl
6
T6-8
5
T6-12. CI
8
T6-12
8
T6 -24a, Cl
7
T6 -24a
7
T6 -24b, Cl
16
T6 -24b
16
T6 -36a, Cl
12
T6 -36a
12
T6 -60a, Cl
11
T6 -48a
11
T6 -60a, CI
11
T6 -60a
11
T6 -60b, Cl
18
T6 -48b
18
T6 -60b, Cl
18
T6 -36b
22
T6 -60b, Cl
18
T6 -60b
18
N/A, Cl
--
T6-80
24
N/A, Cl
--
Cl
--
Abutting Zones
CI -HD
8
T6-24
7
D1
--
T6-8*, T5, Cl, D2
5 (T6-8)* or
all others
D2
--
D1, Cl
--
D3
--
T6 -8L, T6-8 O, CI
--
MIAMI 21
AS ADOPTED - MAY 2015
2.1
2.1.1
2.1.2
PURPOSE AND INTENT
Title and Purpose
U
ARTICLE 2. GENERAL PROVISIONS
Submitted into the public
record for item(s) ft . i2t VJ,)
on City Cler►
a. This Code shall be known as the Miami 21 Code of the City of Miami, Florida. This Code is de
clared to be in accord with the Miami Comprehensive Neighborhood Plan, as required by the
Local Government Comprehensive Planning and Land Development Regulation Act, Section
163.3161 et seq., Florida Statutes (the "Comprehensive Plan"). A primary purpose of this Code
is to implement the Comprehensive Plan.
b. It is further the purpose of the Miami 21 Code to promote the public health, safety, morals,
convenience, comfort, amenities, prosperity, and general welfare of the City and to provide a
wholesome, serviceable, and attractive community, including without limitation protection of the
environment; conservation of land, energy and natural resources; improved mobility; more efficient
use of public funds; greater health benefits of a pedestrian environment; historic preservation;
provision of recreational and open spaces; reduction of sprawl; and improvement of the built
environment and human habitat.
c. To further the goals and objectives of the Comprehensive Plan and the purpose of this Code, the
City is divided into Transect Zones ("T -Zones") of such number, characteristics, area, common
unity of purpose, adaptability, or use as will accomplish the goals and objectives of the Compre-
hensive Plan and this Code.
Intent
The Miami 21 Code is intended to advance the interests of both conservation and development
while responding to the existing conditions of the City, its regional context, and its natural features,
infrastructure and Buildings.
a. The conservation goals include:
1. Preserving Neighborhoods, Historical Resources and the natural environment
2. Improving the relationship between low Density Residential neighborhoods and
adjacent Commercial Corridors with appropriate transitions of Density and Height
following the theory of the Transect
3. Increasing access to the natural environment through the Baywalk, the Riverwalk,
the north -south Greenway, and new Parks
4. Conserving energy and reducing carbon dioxide emissions through improved Thoroughfare
connectedness to encourage walkability, bicycling and transit use
5. Increasing tree canopy
6. Encouraging green Buildings
11.7
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
AS ADOPTED - MAY 2015
y
tions of both sides of the street extending three hundred (300) feet beyond all boundaries
of the site. An aerial photo of the site and the radius properties shall be included. The
analysis shall explain why the zoning change is appropriate and why the existincl zpnino
_is inappropriate, in light of the intent of the Miami 21 Code and particularly in relation to
effects on adjoining properties.
d. Review of application for code amendments by Planning Director.
The Planning Director shall review each application for a code amendment and provide a
recommendation and a statement in regard to how each of the criteria of this Code is met
or not met. In the case of rezonings, the Director shall additionally review the application in
regard to whether the land Use densities and intensities are compatible with and further the
objectives, policies and land Uses in the Comprehensive Plan, and whether the criteria in
7.1.2.8.f are met.
2. A non -City applicant for rezoning shall obtain a Zoning Referral by the Zoning Administrator,
and meet with the Planning Director and Zoning Administrator in a preapplication meeting
prior to the applicant's submission of a preliminary application for rezoning. The Director shall
review each preliminary application for rezoning for completeness. The Planning Director
shall certify the preliminary application and his accompanying recommendations to be filed
with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals
Board. The applicant shall be responsible for filing the application with the Office of Hearing
Boards. Upon filing with the Office of Hearing Boards, the application shall be placed on the
agenda of the Planning, Zoning and Appeals Board.
e. Review by the Planning, Zoning and Appeals Board.
1. Notice
Formal public notice of hearing by the Planning, Zoning and Appeals Board of an application
for a code amendment shall be issued in the following manner:
gni an
The City shall notify all owners of property within 500 feet of the Property Line of the land for
which the hearing is required, by certified mail, of the time and place of the rezoning hearing
by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In
the case of condominiums within the notification area, only one notice, by certified mail, to
c.n
the condominium association shall be sent. For the purpose of this requirement, the names
and addresses of property owners shall be deemed those appearing on the latest tax rolls
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of the City. The applicant shall provide the list of owners to the City at the time of the initial
application.
—U
Additionally, the City shall notify all registered neighborhood and homeowner associations
within the NET office that is applicable to applicant property and shall notify the NET office
and the official representatives of such registered associations, by certified mail, of the re -
E
zoning application. Neighborhood and homeowner associations who wish to receive such
notice must register on an annual basis at their local NET offices.
U �°
o
Notice of text amendments shall be as provided by Chapter 62 of the City Code and state
L o
law.
gni an
Ms. Zamora
March 2, 2015
Submitted into the public
record for item(s)
on i City Clerk
Buena Vista East Historic District. The Property's two southern parcels (the "South Parcels") are
Comp Plan designated General Commercial and zoned T4-0 within the Miami Design District
Retail Street SAP (the "MDDRS SAP"). To allow the proposed contemporary art museum, ICA
Miami seeks to change the entire Property's Comp Plan designation to "Major Institutional,
Public Facilities, Transportation, and Utilities." With respect to the Property's zoning, ICA
Miami believes that the most appropriate zoning designation for the proposed use would be Civic
Institutional (CI). Because the Property does not meet the area requirement in Miami 21 Section
7.1.2.8.c.12 however, ICA Miami instead makes a two-part request: (a) to rezone the North
Parcels from T3 -L to T4-0; and (b) to rezone the South Parcels from T4-0 and MDDRS SAP to
T5-0. Despite this request, ICA Miami would support the Planning Director's recommendation
to rezone the entire Property to Civic Institutional (CI) instead.
Analysis Pursuant to Miami 21 Section 7.1.2.8.c.2(2)
The proposed rezoning complies with the successional table listed in Miami 21 Section
7.1.2.8(a)(3) and is consistent with the overall pattern of development in the Property's
surrounding neighborhood.3 Further, the proposed museum use is appropriate in that it will play
a supporting function for both the residential neighborhood immediately north of the Property
and the commercial neighborhood to its south. In accordance with Miami 21 Section
7.1.2.8.c.2(g), the enclosed Applications include an aerial map of the Property's vicinity, a copy
of the zoning atlas showing the zoning within a one-half mile radius of the Property, and photos
of buildings within 300 feet of the Property. As the enclosed materials illustrate, the Property lies
on the border between the predominantly commercial Miami Design District to the south and the
predominantly residential Buena Vista East Historic District to the north. The proposed museum
use will create a civic buffer between these two areas. In fact, ICA Miami's current conceptual
site plan for the Property (see enclosed)4 would transform the Property's three northern parcels
into a park -like open space for the outdoor exhibit of art and as a potential community gathering
space. The enclosed portion of the museum building would be set back approximately 100 feet
from the Property's north property line and would be located entirely on the Property's south
parcels. In other words, the portion of the Property that is currently zoned T3 -L will effectively
become open space. The proposed museum will serve as both a resource to the local community
and an anchor to the regional and international shoppers lured by Miami's Design District.
2 Miami 21 Section 7.1.2.8.c.I reads: "Except where the proposal for 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...."
3 Rezoning the Property to Cl also complies with the successional table of Miami 21 and would also be
consistent with development in the surrounding neighborhood in that Miami 21's development standards for Cl
zoning require that development be compatible with neighboring properties.
" The enclosed site plan is merely conceptual and is provided only as an example of ICA Miami's current
vision for the Property. Development of a museum within a T4-0 or T5-0 district requires the issuance of a Waiver.
Development of a museum on a Cl -zoned property requires issuances of an Exception. ICA Miami is working with
Planning Department staff to develop a site plan for the required Exception and looks forward to formally
submitting such a site plan for approval in the near future.
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WEISS SEROTA HELFMAN
COLE BIERMAN & POPOK, P.L.
(0
message: Begin forwarded Submitted into the public
g g record for item(s) t I
on City Cler'
From: Elvis Cruz <elviscruz(a mac.com>
Date: June 20, 2015 at 9:04:00 AM EDT
To: "Francisco J. Garcia" <f arg_cia&miami ov.com>, Christopher Brimo
<CBrimo&miamigov.com>, "Hwa, Christine" <CHwa&miamigov.com>, Rafael
Rodriguez <rafaelrodri uez e.miami ov.com>
Ce: Victoria Mendez <VMendezkmiami ov.com>, "Suarez -Rivas, Rafael"
<RSuarez-Rivas&miamigov.com>
Subject: Another Public Records Request, this one for the rezoning application
analysis for 50, 58 & 68 NE 42 Street
Dear City of Miami Planning Department Officials,
Regarding the rezoning of the properties at 50, 58 & 68 NE 42 Street ( File ID: 15-
00406zc ) which was approved at first reading by the City Commission on Jun 11,
2015 (PZ.2):
I am trying to locate a document required as part of the application for that rezoning
by Miami 21 Section 7.1.2.8 c. 2. (g): An "analysis which shall explain why the
zoning change is appropriate and why the existing zoning is inappropriate, in light
of the intent of the Miami 21 Code and particularly in relation to effects on adjoining
properties".
I have searched the on-line file. I have not been able to find the required analysis
stating "why the existing zoning is inappropriate, in light of the intent of the Miami
21 Code and particularly in relation to effects on adjoining properties".
Could you be so kind as to email me the analysis, or if it does not exist, please let me
know that?
Thank you very much,
Elvis Cruz
631 NE 57 Street
Miami, FL 33137
305 754 1420
E1visCruz@mac.com
v
MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES
AS ADOPTED - MAY 2015
* The Planning Department shall make a recommendation as to which Transect Zone will yield the
most coherent pattern given the established zoning pattern and context in the immediate vicinity.
b. The Miami 21 Code may be amended by amending the Miami 21 Atlas or by amending the text
of this Code.
1. Miami 21 Atlas amendments (also referred to as a "rezoning", including Special Area Plans)
may only be applied for at two times of the year, which times shall be set yearly by the City
Commission. A rezoning to a CS Transect Zone, and any rezoning initiated by the City shall
be exempt from the twice yearly schedule. The Planning, Zoning and Appeals Board shall
make recommendations to the City Commission for such amendments to the Miami 21 Code.
2. Every two years, the City may conduct a comprehensive review of the Miami 21 Atlas to
evaluate the development direction of the City's neighborhoods and determine if additional
amendments are appropriate.
3. Amendments to the text of the Miami 21 Code (including tables and diagrams) may be made
only upon application of a city official and may be considered at any time during the year.
c. Applications for rezoning (Miami 21 Atlas amendment).
1. Except where the proposal for the rezoning of property involves an extension of an existing
Transect boundary, -no .rezoning_of_land _shall_he-wnsidered 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. Applications for rezoning may be made by:
(a) The City Commission;
(b) The Planning, Zoning and Appeals Board;
(c) Any other department, board or agency of the City;
(d) Any person or entity other than those listed in (a) through (c), above, provided that only
the owner(s) or their agent(s) may apply for the rezoning of property.
2. Applications for rezoning made pursuant to (d) above shall be made on an application form
as provided by the City which shall require, at a minimum, the following information:
(a) Location of the property, including address and legal description
(b) Survey of the property prepared by a State of Florida registered land surveyor within six
(6) months from the date of the application, including acreage.
hJ v (c) Affidavit and disclosure of ownership of all owners and contract purchasers of the property,
�- including recorded warranty deed and tax forms of the most current year. For corpora-
tions and partnerships, include articles of incorporation, certificate of good standing, and
authority of the person signing the application. Non-profit organizations shall list members
of the Board of Directors for the past year.
-5 (d) Certified list of owners of real estate within five hundred (500) feet of the subject property.
° E (e) Present zoning of the property and Future Land Use designation of the property.
(f) At least two photographs that show the entire property.
An analysis of the properties within a one-half mile radius of the subject property regarding
(g) Y� P p J p p Y
,a o the existing condition of the radius properties and the current zoning and Future Land Use
v, o designations of the radius properties. The analysis shall include photos of Building eleva-
submitted into the public
record for item(s)
on 151_ City Clerk
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
418t 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 Fagade 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 4111 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 (Cl) 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 (40,0001 square feet, and it does not have two hundred
(200) square feet of stree
A frontage on one (1ystreet.
Planning Staff is recommending Cl 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 CI instead of T4-O/T5-0 will trlgger 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. 15-004D6LU
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