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HomeMy WebLinkAboutAnalysis & Maps:.X,`v Or 1,, City of Miami Planning and Zoning Department * MORP 984111as *j Land Development Section ANALYSIS FOR CHANGE OF ZONING APPLICANT: 33 Midtown LLC, Miami Green Houses, Miami Management Group, Inc. and Marks Subdivision Apt. LLC PROJECT ADDRESS: 20, 30, 48, 54 and 62 NW 34 Street and 23 NW 33 Street NET OFFICE: Wynwood / Edge Water COMMISSION DISTRICT: District 5 A. GENERAL INFORMATION: FILE ID: 15-00973zc ZIP: 33127 HEARING DATE: 11/02/16 "21J,MWAII_1:3 REQUEST: 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 a group of parcels zoned T3-0 "Suburban Transect Zone" to T4-0 "General Center Transect Zone". The subject properties form part of the Wynwood Park Subdivision and are located within the Wynwood / Edgewater NET area. The parcels combined lot area is approximately 34,993 sq. ft. The parcels are the 2nd, 3rd, 4m and 5th interior lots located at the southwest corner of NW 34 Street and North Miami Avenue and the 2nd parcel located on the NW corner of NW 33 Street and North Miami Avenue (Complete legal description is on file with the Hearing Boards Section). B. BACKGROUND: The subject site is comprised of seven individually plated lots. Lots 9, 10 and 11 contains a light industrial facility constructed in 1925, which currently remains in use. Lots 12, 13 and 14 consist of three (3) multi -family, single -story residential craftsman and mission style bungalows constructed between 1925 and 1938. Lot 28 consist of an existing non -conforming parking lot. Lots 9, 10,11,12, 13 and 14 are located on the south side of NW 34 Street and Lot 28 is located on the north side of NW 331d Street, as per Exhibit A entitled "Lots 9 through 14 & Lot 28 of Block 12 of the Wyndwood Park Subdivision" attached hereto. The properties were previously zoned Two -Family Residential District "R-2" under the 11000 zoning code and were subsequently rezoned on April 2010 under Miami 21 to "73-0" Suburban Transect Zone. 15.00973zc Page 1 of 7 C. ZONING HISTORY On September 16, 2015 pursuant to Resolution No. PZAB-R-15.060 the Planning Zoning and Appeals Board denied the Applicant's request for a change of zoning from T3-0 (Suburban Transect Zone — Open) to T4-0 (General Center Transect Zone — Open). On November 19, 2015 the City of Miami City Commission deferred the Applicant's request for a change of zoning from T3-0 (Suburban Transect Zone — Open) to T4-0 (General Center Transect Zone — Open). On March 24, 2016 the City of Miami City Commission indefinitely deferred the Applicant's request for a change of zoning from T3-0 (Suburban Transect Zone — Open) to T4-0 (General Center Transect Zone — Open). On September 22, 2016 the City of Miami City Commission recommended that the Applicant's request for a change of zoning from T3-0 "Suburban Transect Zone — Open to T4-0 General Center Transect Zone — Open" be remanded to the Planning, Zoning and Appeals Board for consideration since the Applicants indicated that they had acquired an additional 5,000 sq. ft. lot directly to the south of lots 10 and 9. On September 29, 2016 the Applicant modified the existing application to incorporate an additional abutting lot of 5,000 sq. ft. directly to the south of lots 10 and 9 known as lot 28. D. COMPREHENSIVE PLAN: The requested zoning designation of T4-0 is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of Duplex Residential. As such, the applicants have submitted an application to amend the land use designation from "Duplex Residential" to "Low Density Restricted Commercial", as a companion item under File No. 15-009731u. E. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T3-0 (Sub -Urban Transect Zone) (Miami Equipment Services) Surroundinq Properties NORTH: T5-0 (Urban Center Transect Zone) (adjacent) Commercial FUTURE LAND USE DESIGNATION Duplex Residential Maximum of 18 D.U. per acre Medium Density Restricted Commercial Maximum of 65 D.U. per acre 15-00973zc Page 2 of 7 SOUTH: EAST: WEST F. ANALYSIS: T3-0 (Sub -Urban Transect Zone) Duplex Residential (adjacent) Wyndwood Park Subdivision Maximum of 18 D.U. per acre T3-0 (Sub -Urban Transect Zone) Duplex Residential (adjacent) Wyndwood Park Subdivision Maximum of 18 D.U. per acre T5-0 (Urban Center Transect Zone) Medium Density Restricted Commercial (adjacent) Commercial / Retail Maximum of 65 D.U. per acre T3-0 (Sub -Urban Transect Zone) Duplex Residential (adjacent) Wyndwood Park Subdivision Maximum of 18 D.U. per acre The following is a review of the request pursuant to a rezoning criteria at Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria: For rezonings: 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 the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Analysis: Lots 9,10 and 11 are legally platted parcels located within the Wyndwood Park Subdivision. Said lots are joined to form one parcel under the following address (30 NW 34 Street). The principle structure on site houses a legal non -conforming light industrial equipment and wood mill / cabinet manufacturing business. The principle structure was constructed in 1925, and houses an existing light industrial facility that has operated on the site since that time. Lot 28 is a legally platted parcel consisting of an existing non -conforming parking lot used to serve the adjacent commercial establishment. Staff finds the proposed zoning request is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts and provides a transition in height and intensity. Staff notes that lots 9, 10, 11 and 28 directly abut a T5-0 Transect Zone to the north, east and south. See Image 1 on page 4. Rezoning lots 9, 10, 11 and 28 would provide a transition in height and intensity between the T5-0 Transect Zone to the north and east. Furthermore rezoning said lots would bring the current legal non -conforming business more into conformity with the proposed transect zone of T4-0. As noted above the property has a commercial use operating on site since 1925. Finding: Consistent with the intent of the Miami 21 Code 15-00973zc Page 3 of 7 Max 19 du/ac T5-0 i 'Max 150du, ac T3-0 i Max 65 du/ac i I - Lot Lot Lot Lot's 14 13 12 11,10&9 T6-0 I i T3-0 Lot Max 19 du/ac 28 - -- N Image 1 Analysis: Lots 12, 13 and 14 (48, 54 and 62 NW 34 Street) are legally platted parcels located within Wyndwood Park Subdivision. Staff finds the proposed rezoning request is inconsistent with the goals of the Miami 21 Code as the request is not compatible with the surrounding zoning districts nor would it provide a transition in height and intensity. Staff notes that rezoning lots 12, 13 and 14 from T3-0 to T4-0 would allow an increase in density, height and intensity into the clearly established residential district to the west of North Miami Avenue. Said rezoning would allow for further intrusion of commercial uses into the predominantly single story neighborhood such as but not limited to General Commercial, Office, Parking Facilities, Entertainment and Food Establishment uses. See chart entitled "Building Function: Uses" below: "Building Function: Uses" Excerpt of Article 4, Table 3 of Miami 21 Code" how the new uses will affect the surrounding area with the proposed rezoning. T3 F --T4 (DENSITY (UNITS PER ACRE) 19 19 118 1361 36 36 RESIDENTIAL SINGLE FAMILY RESIDENCE R R R R R R COMMUNITY RESIDENCE R R R R R R ANCILLARY UNIT R R R R 15-00973zc Page 4 of 7 TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK R R R R man 0nn MOM Dan -nn LODGING BED & BREAKFAST W R R INN R OFFICE OFFICE R R COMMERCIAL ENTERTAINMENT ESTABLISHMENT R FOOD SERVICE ESTABLISHMENT R R ALCOHOL BEVERAGE SERVICE ESTAB. E E GENERAL COMMERCIAL R R CIVIC COMMUNITY FACILITY W W RECREATIONAL FACILITY E E E E R R RELIGIOUS FACILITY E E E E R R CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MARINA PUBLIC PARKING TRANSIT FACILITIES EDUCATIONAL CHILDCARE ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING /VOCATIONAL MEN T3 IME T4 MEN mm man mmm MEN MIMB man nnn Dm mmm MEN MIMM W W W W W W W W E W W W W W W MEN IME MEN mm man mmm MEN MIMB man nnn Dm mmm MEN MIMM M NiMMIn "Building Function: Uses" Excerpt of Article 4, Table 3 of Miami 21 Code" illustrate how the new uses will impact the surrounding area with the proposed rezoning. 15-00973zc Page 5 of 7 Finding The intrusion of commercial uses into the residential district, increase in density from 18 dwelling units to 36 dwelling units per acre, and the increase in height from 2 stories (25' to eave max) to 3 stories (40' max height) may have an adverse negative impact in the Level of Services (LOS) and character of the neighborhood. (See Image 2) Furthermore, staff notes that rezoning Lots 12, 13, and 14 will allow for the encroachment of higher intensity and height in the neighborhood. Staff has expressed concerns that the rezoning of said parcels may put at risk the remaining residential structures within the Wyndwood Park Subdivision. Inconsistent with the intent of the Miami 21 Code Existing Zoning NW 34 FH ST -NE 30TH ST E -M 1 7 [1: :T3-0 i� uwM --- -- -NW 33RD ST F T5-0 Image 2 G. NEIGHBORHOOD SERVICES: Proposed Zoning Code Compliance No Objection Building Required Historic Preservation No Objection pursuant to staff's recommendations. Environmental Resources No Objection NET No Objection H. CONCLUSION: Lots 9, 10, 11 (30 NW 34 Street) and Lot 28 (23 NW 33 ST) The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning for Lots 9, 10, 11 and 28. Staff finds the proposed zoning request is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts and provides an appropriate transition in height and intensity. Furthermore, the rezoning of said lots will bring the existing legal non -conforming businesses and structures more into conformity with the proposed Transect Zone. 15.00973zc Page 6 of 7 -..NW31THI -_.-.- 3/TH ST-- T4-0 i T3-0 z a, Code Compliance No Objection Building Required Historic Preservation No Objection pursuant to staff's recommendations. Environmental Resources No Objection NET No Objection H. CONCLUSION: Lots 9, 10, 11 (30 NW 34 Street) and Lot 28 (23 NW 33 ST) The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning for Lots 9, 10, 11 and 28. Staff finds the proposed zoning request is consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts and provides an appropriate transition in height and intensity. Furthermore, the rezoning of said lots will bring the existing legal non -conforming businesses and structures more into conformity with the proposed Transect Zone. 15.00973zc Page 6 of 7 Lots 12, 13 and 14 (48, 54 and 62 NW 34th Street) The Department of Planning and Zoning recommends denial of the applicant's request for a change of zoning for Lots 12,13 and 14. The proposed change of zoning is an intrusion of a higher density and intensity into the transitional zoning. As such, the proposed request would be incompatible as there is no T4-0 zoned properties adjacent to the property. Staff finds the change of zoning request for Lots 12,13 and 14 is inconsistent with the goals of the Miami 21 Code as the request is not compatible with the surrounding zoning districts nor provides an appropriate zoning transition. I. RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning and Zoning Department recommends approval of the proposed rezoning as presented for Lots 9,10,11 (30 NW 34 Street) and Lot 28 (23 NW 33 ST) and denial of lots 12,13 and 14 (48, 54 and 62 NW 34 Street). 10/12/16 Efren Nunez ,i Jacgdeline Ellis Acti g / hief of Land Development 15-00973zc Page 7 of 7 MIAMI 21 (EXISTING) 15-00973zc 111 1dilillij NW 33RD ST NW 32ND ST T4 -L N 0 100 200 400 Feet T NE 34TH ST NE 32ND ST ADDRESS: 30, 48, 54, and 62 NW 34 ST &23 NW 33 ST MIAMI 21 (PROPOSED) 15-00973zc NW 33RD ST NW 32ND ST T4 -L N 0 100 200 400 Feet T NE 34TH ST NE 32ND ST ADDRESS: 30, 48, 54, and 62 NW 34 ST &23 NW 33 ST AERIAL 15-00973lu/zc TH-TER k, —J-" ,34TH A NW:32N 0 50 100 200 Feet N A t— d - IL NE•34TH,ST m( ,. - —171k YA UJ NE lot G: ADDRESS: 30, 48, 54, and 62 NW 34 ST &23 NW 33 ST