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Home My WebLink AboutAnalysis & MapsL��Y f16•pfA City of Miami k' Ise Bit 11A61t # Planning and Zoning Department Ills Division of Land Development ANALYSIS FOR REZONING File ID No. 16-01013zc Applicant(s): 2411 and 17t1 Avenue Venture, LLC, (the "Applicant"), represented by Javier L. Vazquez, Esq. Location: Approximately 2401 NW 17 Avenue, 1548 NW 26 Street, and 1547and 1665 NW 24 Streets, Miami, Florida 33142 Commission District District 1 — Commissioner Wifredo Gort Net District Office: Allapattah NET A. GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, The "Applicant" is requesting the Rezoning of four properties, 2401 NW 17 Avenue, 1548 NW 26 Street, and 1547 and 1665 NW 24 Street. The properties at 1665 NW 24 St. and 2401 NW 17 Ave are proposed to be rezoned from T6-8-0 (Urban Core Transect Zone - Open) to T6 -8-L (Urban Core Transect Zone - Limited) and the properties at 1547 NW 24 St. and 1665 NW 24 St." from T3 -L (Sub -Urban Transect Zone - Limited) to T4 -L (General Urban Transect Zone - Limited). Illustration1: Subject property (Aerial) aare To f RIP •�.. —~, -M!c' •;- rcri - vim•. c . �, ,,� .� yII o a i! vnris+i:rvur�h `_ �, V. b' SUBJECT PROPERTY: The subject site is comprised by four parcels as depicted in Table No.1: Property description and rezoning request. For better clarity, the parcels has been grouped in "Western Parcels" and "Eastern Parcels" as shown in Table 1. (Complete legal description of the property is on file with the Hearing Boards Office). Table No. 1: Property description and rezoning request Portions Lot Size Total Zoning Classification involved Address (Sq.Ft.) Sq.Ft. Current Proposed 1665 NW 24 St 45,343 T6-8-0 (URBAN T6 -8-L (URBAN Q d CORE TRANSECT CORE TRANSECT 2401 NW 17 11,393 W MAve. ZONE - OPEN) ZONE - LIMITED) a.1547 58 735 NW 24 St. 12,012 T3 -L (SUB -URBAN T4 -L (GENERAL W v TRANSECT ZONE - URBAN TRANSECT 1548 NW 26 St. 12,012 LIMITED) ZONE - LIMITED) LU a 24,024 84,760 84,760 The request depicted in Table 1 qualifies pursuant to Miami 21 Code, Sec. 7.1.2.8(c) for including at least forty thousand (40,000) square feet of land area for the proposed rezoning. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN: Companion item: The Future Land Use Map (FLUM) designation for the "Western Parcels" of the subject property is Restricted Commercial is consistent with the rezoning requested, however the "Eastern Parcels" require a FLUM amendment from "Duplex — Residential" to "Low Density Restricted Commercial" to match the requested zoning designation (T4 -L). The rezoning as requested requires an amendment of the FLUM designation from "Duplex — Residential" to "Low Density Restricted Commercial" for the Eastern Parcels, identified in Table 1 above. A companion item identified by File ID No. 16-01013lu has been prepared for the FLUM amendment as required. File Id. 16-01013zc Page 2 of 7 Illustration No.2: Eastern Parcels: Future Land Use Map (FLUM) designation Current: Duplex Residential Proposed: Low Density Restricted Commercial B. BACKGROUND AND PROPOSAL: The total square footage of the four parcels creates a site of approximately 84,760 sq.ft or 1.95 acres'. The property located in the western portion of the city block generally bounded by NW 26h Street to the north, NW 151h Avenue to the east, NW 24th Street to the south, and NW 171h Avenue to the west. The "Western parcels" are currently designated with Urban Core Transect Zone Open (T6-8-0) which allows for 150 DU/acre. This has the highest intensity of uses, however these parcels are I Lot size provided in the survey submitted as part of the application. File Id. 16-01013zc Page 3 of 7 only developed with a vacant structure of two floors with a surface parking lot. The "Eastern Parcels" are developed with one single family home on each parcel. Per the letter of intent (LOI), the Applicant's proposes to develop the Site in the future with a Sedano's Supermarket. See attached LOL C. ANALYSIS: Western Parcels (fronting NW 17 Avenue) The request for the "Western Parcels" constitute a successional change of zoning, taking place within the same Transect Zone (Urban Core Transect �Nvv:' •rH [, T6 8-0 L Td -0 Z T 31ST 5 —I IL r + T�$L Z ____ r Western Parcels vw 26rH sr H 5 C, I I _NV,.74YH•ST T8�3_L Zone T6-8) to a lesser intensity (from Open -O- to Limited -L-). Even though the uses allowed are similar, the intensity allowed in the "Open" classification is higher than in the "Limited" classification. All the parcels along the eastern side of NW 171h Avenue in the blocks between NW 391h Street and NW 23rd are designated consistently with T6-8-0 zoning designation. Eastern Parcels The request for the "Eastern Parcels" constitute a successional change of zoning to the next higher Transect Zone, in this specific case from T3 -L (Sub -Urban Transect Zone - Limited) to T4 - L (General Urban Transect Zone - Limited). The requested T4 -L Transect Zone allows for 36 DU/acre, the current FLUM designation of "Duplex -Residential" allows for a maximum density of 18 DU/acre, while the existing T3 -L allows for 9 DU/acre. The difference in uses allowed in T3 -L and T4 -L are contained in the following Excerpt of Article 4, Table 3 of Miami 21 Code. Excerpt of Article 4, Table 3 of Miami 21 Code. DENSITY (UNITS PER ACRE) RESIDENTIAL TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY LIVE -WORK T3 -L T4 -L I=> R I=> R I=> E I=> R File Id. 16-01013zc Page 4 of 7 f f} NVV 31R1) 1 r 4,77 .7r,z-Nw-28 fH", n NW 12711. c - 3L Western Parcels vw 26rH sr H 5 C, I I _NV,.74YH•ST T8�3_L Zone T6-8) to a lesser intensity (from Open -O- to Limited -L-). Even though the uses allowed are similar, the intensity allowed in the "Open" classification is higher than in the "Limited" classification. All the parcels along the eastern side of NW 171h Avenue in the blocks between NW 391h Street and NW 23rd are designated consistently with T6-8-0 zoning designation. Eastern Parcels The request for the "Eastern Parcels" constitute a successional change of zoning to the next higher Transect Zone, in this specific case from T3 -L (Sub -Urban Transect Zone - Limited) to T4 - L (General Urban Transect Zone - Limited). The requested T4 -L Transect Zone allows for 36 DU/acre, the current FLUM designation of "Duplex -Residential" allows for a maximum density of 18 DU/acre, while the existing T3 -L allows for 9 DU/acre. The difference in uses allowed in T3 -L and T4 -L are contained in the following Excerpt of Article 4, Table 3 of Miami 21 Code. Excerpt of Article 4, Table 3 of Miami 21 Code. DENSITY (UNITS PER ACRE) RESIDENTIAL TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY LIVE -WORK T3 -L T4 -L I=> R I=> R I=> E I=> R File Id. 16-01013zc Page 4 of 7 Excerpt of Article 4, Table 3 of Miami 21 Code (Cont.) DENSITY (UNITS PER ACRE) 9 36 LODGING BED & BREAKFAST = R OFFICE OFFICE = R COMMERCIAL FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL I=> R E R CIVIC COMMUNITY FACILITY I=> W RECREATIONAL FACILITY E I=> R RELIGIOUS FACILITY E =::> R CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MARINA PUBLIC PARKING TRANSIT FACILITIES W W I=> W W W W EDUCATIONAL CHILDCARE W LEARNING CENTER E RESEARCH FACILITY I=> R The requested T4-1- Transect Zone would allow the parcels to be use as a surface parking lot; which as proposed by the applicant will serve the T6-8 parcels abutting to the West. See covenant proffered as part of the application. 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, as well as on the additional pertinent criteria derived in the light of the letter of intent. The background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: File Id. 16-01013zc Page 5 of 7 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". Analysis of The proposal is for the rezoning of four properties which assembled involves Criteria 1 more than forty thousand (40,000) square feet of land area (See Table 1 above). Finding 1 The request complies and is consistent with requirements for rezoning set forth in Miami 21 Code, Sec. 7.1.2.8 (c) (1). Criteria 2 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 request for the "Western Parcels" constitute a successional change of Criteria 2 zoning, taking place within the same Transect Zone (Urban Core Transect Zone T6-8) to a lesser intensity (from Open -O- to Limited -L-). The request for the "Eastern Parcels" constitute a successional change of zoning to the next higher Transect Zone, in this specific case from T3 (Sub - Urban Transect Zone) to T4 (General Urban Transect Zone). Finding 2 The request complies and is consistent with requirements for rezoning set forth in Miami 21 Code, Sec. 7.1.2.8 (f)(2). However although successional, this request is not aligned with the residential character of the abutting neighborhood, and will not preserve the established character of the neighborhood. Criteria 3 Are the proposed changes related to adjacent and nearby districts, and within the scale and needs of the neighborhood? Analysis of Western Parcels The requested T6 -8-L zoning classification is inconsistent Criteria 3 with the existing T6-8-0 zoning designation along the east side of NW 17th Avenue from NW 39th Street and NW 23rd Terrace, in which all of the parcels are designated consistently with T6-8-0 zoning designation. Eastern Parcels The request for this parcels constitute a successional change of zoning to the next higher Transect Zone, in this specific case from T3 -L (Sub -Urban Transect Zone - Limited) to T4 -L (General Urban Transect File Id. 16-01013zc Page 6 of 7 Zone - Limited). However, although successional, this request is not in line with the residential character of the abutting neighborhood. Finding 3 For Western Parcels: Staff does not recommend the rezoning as it is inconsistent with established zones on NW 17 Avenue. For Eastern Parcels: The proposed rezoning is inconsistent with the residential development patterns in the abutting neighborhood. While a restrictive covenant was proffered, it does not address uses that could affect the abutting residential sites. D. CONCLUSION: Western Parcels: Based on the materials submitted and analysis conducted, staff finds that the request to rezone from T6-8-0 to T -6-8-L for the Western Parcels identified in Table 1 is inconsistent with the goals and objectives of Miami 21 Code. Eastern Parcels: Based on the materials submitted and analysis conducted, staff finds that the requested rezone from T3 -L to T4-0 for the Eastern Parcels identified in Table 1 is inconsistent with the goals and objectives of Miami 21 Code. E. RECOMMENDATIO Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Department of Planning and Zoning recommends for: Western Parcels: Denial of the proposed rezoning from T6-8-0 (Urban Core Transect Zone - Open) to T6 -8-L (Urban Core Transect Zone - Limited) Eastern Parcels: Denial of the proposed rezoning from T3 -L (Sub -Urban Transect Zone - Limited) to T4 -L (General Urban Transect Zone - Limited), as presented. Jadq�elihe Elis' Adir g Chief of Land Development SEG 919/2015 File Id. 16-01013zc Page 7 of 7 ..Title 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 OF THE PROPERTY(IES) LOCATED AT APPROXIMATELY 1665 NORTHWEST 24 STREET AND 2401 NORTHWEST 17 AVENUE, MIAMI, FLORIDA, FROM T6-8-0 "URBAN CORE TRANSECT ZONE — OPEN" TO T6 -8-L "URBAN CORE TRANSECT ZONE — LIMITED"; AND THE PROPERTY(IES) LOCATED AT APPROXIMATELY 1547 NORTHWEST 24 STREET, AND 1548 NORTHWEST 26 STREET, MIAMI, FLORIDA, FROM T3 -L "SUB -URBAN TRANSECT ZONE — LIMITED" TO T4 -L "GENERAL URBAN TRANSECT ZONE - LIMITED", MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1665 NW 24 St. and 2401 NW 17 Ave, and 1547 NW 24 St., and 1548 NW 26 St. [Commissioner Wifredo Gort - District 1] APPLICANT(S): 24th and 17th Avenue Venture, LLC, (the "Applicant"), represented by Javier L. Vazquez, Esq. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial; See companion File ID 16- 01013Iu. *See supporting documentation. PURPOSE: This will change the above property from T6-8-0 "Urban Core Transect Zone — Open" to T6 -8-L "Urban Core Transect Zone — Limited" and from T3 -L "Sub -Urban Transect Zone — Limited" to T4 -L "General Urban Transect Zone - Limited" respectively. Item includes a covenant. ..Body WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 21, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R- by a vote of _ to _ (_ _), item No. _, recommending denial of the Zoning Change as set forth; 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, is further amended by changing the zoning classification from T6-8-0 "Urban Core Transect Zone — Open" to T6 -8-L "Urban Core Transect Zone — Limited" for the property located at approximately 1665 NW 24 St. and 2401 NW 17 Ave, and from T3 -L "Sub -Urban Transect Zone — Limited" to T4 -L "General Urban Transect Zone - Limited" for the property located at approximately 1547 NW 24 St., and 1548 NW 26 St, Miami, Florida, 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(5)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnote {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. This instrument was prepared by and after recording return to: Name: Javier L. Vazquez, Esq. Address: Berger Singerman LLP 1450 Brickell Avenue Suite 1900 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (this "Declaration") made this day of , 2016, by 24TH AND 17TH AVENUE VENTURE, LLC (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to as the "City"). WITNESSETH WHEREAS, Owner owns the property located at 1547 NW 24th St, Miami, FL and 1548 NW 26th St, Miami, FL (collectively, the "Property") as more particularly described in attached Exhibit A; and WHEREAS, on , 2016, the City of Miami Planning, Zoning and Appeals Board ("PZAB") heard the Owner's applications requesting: (i) an amendment to the Comprehensive Plan re -designating the Property from "Duplex Residential" to "Low Density Restricted Commercial" (the "Comprehensive Plan Amendment") on the City's Future Land Use Map; and (ii) a rezoning of the Property from T3 -L (Sub Urban — Limited) to T4 -L (Urban General — Limited) (the "Change of Zoning"); and WHEREAS, on before PAtV PZAB and PZAB voted 7174928-3 Owner's representatives ppeared in favor recommend approval of the Comprehensive Plan Amendment subject to certain conditions on the use of the Property; WHEREAS, the Owner is desirous of making a V916]Rtaf-�L- voluntary, knowing and informed binding commitment to assure that the Property must be developed in accordance with the provisions of this Declaration. NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. Recitals. The recitals and findings set forth in the preamble of this Declaration as well as the Exhibits referenced therein are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Property Use Considerations. The Owner makes the following commitments regarding the conditions imposed by PZAB: The Property particularly aescriDea on ine aiiacnea legal aescnption as cxnioii .:H shall be used solely for parking to support that certain Sedano's Supermarket located on the neighboring parcels at 2401 NW 17th Ave and 1665 NW 24th St (folio numbers 01-3126-002-0010 and 01-3126-000-0110) (the "Sedano's Supermarket").yo other commerclai establishment, business, office or other property will be allowed to use or access the oarkina situated on Exhibit "A". Section 3. Effective Date. The provisions of this Declaration shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of recordation, after which time they shall be continuously and automatically extended for successive period of ten (10) years. This instrument shall constitute a covenant running with the Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010 7174928-3 land and title to the Property, which shall be binding upon the Owner, its heirs, successors, vendees and assigns. Section 4. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this instrument. Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Section 5. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owners of the fee -simple title to the land to be affected by such modification, amendment, or release, providing that same has been approved by the City Commission after a public hearing, in which all advertising, notice, application, and public hearing expense shall be paid by the Owner. Any modification, amendment or release is additionally subject to the approval of the City Attorney as to legal form. Any such modification, amendment or release shall not relieve the Owner of compliance with those#heee parking requirements set forth in Miami 24-21, as amended and any subsequent Zoning Ordinanc, and applicable to the Sedano's Supermarket. Section 6. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the City, County or applicable regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010 7174928-3 Section 8. Recording. This Declaration shall be promptly filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within 30 days of the City Commission's final adoption of the Change of Zoning and the Comprehensive Plan Amendment. The City of Miami Planning and Zoning Director will be furnished a recorded copy by the Owner within ten (10) days of this Declaration being recorded. ,5e uijr, j. auris with the Land. It is expressly understood and agreed that this instrument shall be binding upon OWNER and also heirs, successors in interest, vendees, or assigns of COVENANTOR, and shall be a condition implied in any conveyance or other instrument affecting the title to the aforesaid property or any portion thereof. Section 10. Compliance with laws. In construction and maintenance of the parkino, provided for in this Covenant the Owner shall comply with all applicable codes, laws, rules and regulations and obtain all required permits and approvals at its own cost and expense. ACKNOWLEDGMENT CORPORATION Signed, witnessed and acknowledged on this _ day of 12016. Witnesses: 24TH AND 17TH AVENUE VENTURE, LLC Signature Print Name Signature STATE OF _ COUNTY OF 0 Title: Authorized General Manager / Managing Member Address: The foregoing instrument was acknowledged before me by , the of 24th and 17th Avenue Venture, LLC, on behalf of the limited liability company. He is personally known to me or has produced as identification. Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010 7174928-3 Witness my signature and official seal this day of 2016, in the County and State aforesaid. My Commission Expires: Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010 7174928-3 Notary Public State of Print Name APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M ndez, City Attorney APPROVED as to=Miami21: Francisco J. Garcia, Planning and Zoning Director Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010 7174928-3 Exhibit A Legal Description TAX FOLIO 01-3126-007-0100 Lot 14 and the West 1/2 of Lot 13, in Block 1 of "CENTRAL ALLAPATTAH EXTENSION', according to the Plat thereof, as recorded in Plat Book 41, at Page 27, of the Public Records of Miami -Dade County, Florida. AND The East Half of that portion of dedicated alley adjacent to said Lot 14, Block 1 TAX FOLIO 01-3126-007-0010 Lot 1 and the West 1/2 of Lot 2, in Block 1 of "CENTRAL ALLAPATTAH EXTENSION', according to the Plat thereof, as recorded in Plat Book 41, at Page 27, of the Public Records of Miami -Dade County, Florida. The East Half of that portion of dedicated alley adjacent to said Lot 1, Block 1 Folio Numbers: 01-3126-007-0100 and 01-3126-007-0010 7174928-3 CS T6 -8-L NW 23RD �TER— MIAMI 21 (EXISTING) LU Q z 16-01013zc • : o D1 0 100 200 400 Feet NW 27TH ST T3 -L NW 26TH ST NW,24TH ST T3 -O LU Q LO z ADDRESS: 2401 NW 17 AV, 1665 NW 24 ST, 1547 NW 24 ST, 1548 NW 26 ST CS T6 -8-L NW 23RD �TER— MIAMI 21 (PROPOSED) LU Q z 16-01013zc -T6=8-L • i • D1 0 100 200 400 Feet NW 27TH ST T3 -L NW 26TH ST T4 -L NW,24TH ST T3 -O LU Q L0 z ADDRESS: 2401 NW 17 AV, 1665 NW 24 ST, 1547 NW 24 ST, 1548 NW 26 ST AERIAL 16-01013lu/zc 0 100 200 400 Feet ADDRESS: 2401 NW 17 AV, 1665 NW 24 ST, N 1547 NW 24 ST, 1548 NW 26 ST A