HomeMy WebLinkAboutAnalysis and MapsANALYSIS FOR REZONING
PZAB File ID No. 4430
Location: 3516 NW 7 Avenue and 725 NW 35 Street
Applicant(s): 3516 NW 7 Ave, LLC
Commission District: District 1- Commissioner Wilfredo Gort
NET District Office: Allapattah Neighborhood Enhancement Team
Planner: Anne -Christine Carrie, Planner II
A. GENERAL INFORMATION
REQUEST: The Applicant, 3516 NW 7 Ave, LLC, on behalf of the property owner, Jesus Cabrera,
requests to change the zoning designations of the properties at 3516 NW 7 Avenue and 725 NW 35
Street (collectively, the "Property") pursuant to Section 7.1.2.8 of Miami 21.
The parcel at 3516 NW 7 Avenue has a dual zoning designation, the portion of the parcel that fronts
NW 7 Avenue is zoned Urban Center Transect Zone Limited (T5 -L), and the southwestern portion is
zoned General Urban Transect Zone Restricted J4 -R). The parcel at 725 NW 35 Street is zoned T4-
City of Miami
Planning Department
Division of Land Development
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ANALYSIS FOR REZONING
PZAB File ID No. 4430
Location: 3516 NW 7 Avenue and 725 NW 35 Street
Applicant(s): 3516 NW 7 Ave, LLC
Commission District: District 1- Commissioner Wilfredo Gort
NET District Office: Allapattah Neighborhood Enhancement Team
Planner: Anne -Christine Carrie, Planner II
A. GENERAL INFORMATION
REQUEST: The Applicant, 3516 NW 7 Ave, LLC, on behalf of the property owner, Jesus Cabrera,
requests to change the zoning designations of the properties at 3516 NW 7 Avenue and 725 NW 35
Street (collectively, the "Property") pursuant to Section 7.1.2.8 of Miami 21.
The parcel at 3516 NW 7 Avenue has a dual zoning designation, the portion of the parcel that fronts
NW 7 Avenue is zoned Urban Center Transect Zone Limited (T5 -L), and the southwestern portion is
zoned General Urban Transect Zone Restricted J4 -R). The parcel at 725 NW 35 Street is zoned T4-
R. The Applicant requests to change the zoning designation of the land zoned T4 -R zoning (the
"Western Lots") to the T5 -L zone, and of the land zoned T5 -L (the "Eastern Lots") to the Urban Core
Transect Zone Limited (T6 -8-L) zone.
Map 2- Existing Zoning
File ID: 4430
CS
.a
Map 3- Proposed Zoning
File ID: 4430
ADDRESSES AFPROXIM-ELY 3516 NW 7 AVE AND 725NW 35 57 ADDRESSES APPROXIMATELY 3516 NW 7 AVE AND 725 NW 35 Si
0 130 260 520 Feet 0 125 250 500 Feet
The folio numbers for the properties at 3516 NW 7 Avenue and 725 NW 35 Street are 0131260290020
and 0131260290250, respectively, and the survey is included in this analysis as Attachment 1.
PROPERTY INFORMATION: The Property lies at the northwest corner of NW 7 Avenue and NW 35
Street. The Property is approximately 34,000 square feet (0.79 acres) of vacant land. North of the
Property is a fast food restaurant followed by the City's Moore Park and Tennis Center. The properties
immediately west of the site are also vacant and the parcels south of NW 35 Street are used for
residential uses with commercial uses located on the corner. To the east of NW 7 Ave are industrial
uses and an additional fast food restaurant.
SUBJECT PROPERTY
Zoning Designation
EASTERN LOTS
Urban Center Transect Zone -Limited (T5 -L)
WESTERN LOTS
General Urban Transect Zone -Restricted (T4 -R)
Land Use Designation
Restricted Commercial
150 D.U. per acre
Medium Density Multi -Family
Residential. 36 D. U. per acre
PZAB File ID No. 4430
Page 2 of 15
HE
t,
ADDRESSES AFPROXIM-ELY 3516 NW 7 AVE AND 725NW 35 57 ADDRESSES APPROXIMATELY 3516 NW 7 AVE AND 725 NW 35 Si
0 130 260 520 Feet 0 125 250 500 Feet
The folio numbers for the properties at 3516 NW 7 Avenue and 725 NW 35 Street are 0131260290020
and 0131260290250, respectively, and the survey is included in this analysis as Attachment 1.
PROPERTY INFORMATION: The Property lies at the northwest corner of NW 7 Avenue and NW 35
Street. The Property is approximately 34,000 square feet (0.79 acres) of vacant land. North of the
Property is a fast food restaurant followed by the City's Moore Park and Tennis Center. The properties
immediately west of the site are also vacant and the parcels south of NW 35 Street are used for
residential uses with commercial uses located on the corner. To the east of NW 7 Ave are industrial
uses and an additional fast food restaurant.
SUBJECT PROPERTY
Zoning Designation
EASTERN LOTS
Urban Center Transect Zone -Limited (T5 -L)
WESTERN LOTS
General Urban Transect Zone -Restricted (T4 -R)
Land Use Designation
Restricted Commercial
150 D.U. per acre
Medium Density Multi -Family
Residential. 36 D. U. per acre
PZAB File ID No. 4430
Page 2 of 15
ADJACENT PROPERTIES
Zoning Designation
NORTH:
Urban Core Transect Zone -Open (T6 -8-L)
SOUTH:
Urban Center Transect Zone -Limited (T5 -L)
General Urban Transect Zone -Restricted (T4 -R)
EAST:
Industrial District Zone (D-2)
WEST:
Urban Center Transect Zone -Limited (T5 -L)
B. NEIGHBORHOOD AND BACKGROUND
Land Use Designation
Medium Density Multi -Family
Residential. 36 D.U.
Restricted Commercial
150 D.U. per acre
Medium Density Multi -Family
Residential. 36 D.U. per acre
Industrial
Medium Density -Restricted
Commercial 150 D.U. per acre
Prior to the adoption of Miami 21, under the 11000 Code of Ordinances, the Western Lots were zoned
Multifamily Medium -Residential (R-3) with a Special District Overlay (SD -12) and the Eastern Lots
were zoned Restricted Commercial (C-1).
On January 20, 2016, Planning, Zoning and Appeals Board ("PZAB") approved a request to rezone
the parcels to the north and west of the Property from T4 -R and T5 -L, to T5 -L and T6 -8-L (PZAB
#15-00972zc). This approval was counter to staff's recommendation that the rezone be denied as it
allowed encroachment of more intensive commercial uses into the established residential
neighborhood to the west.
At the March 24, 2016, public hearing before City Commission, the rezone (PZAB #15-00972zc) was
approved on first reading. During the hearing, the Applicant and the Board of Commissioners
informed the public of the commercial success that 36 Street prior to the construction of the 112
Ramp. At the City Commission public hearing on April 28, 2016, the rezone was heard for second
reading. The Planning Director indicated that the Applicant had addressed staff's concerns regarding
commercial intrusion community outreach. The rezone request was approved via Ordinance
No. 13607.
In February of 2018, a planning study of the Allapattah neighborhood was initiated by the Planning
Department staff at the request of the City Commission. Using data from the 2012-2016 American
Community Survey (ACS), Tax Roll data from the Miami Dade Property Appraiser's office, the City of
Miami's geographic information services database and existing site conditions, staff published a
report which was titled Allapattah: A Planning Study (the "Study"), provided as Attachment 3 of this
document. The Study's scope was from NW 39 Street to the parcels south of NW 21 Street, and from
NW 6 Court to the parcels west of NW 12 Avenue. The Property is in the northeastern corner of the
Study Area (see Map 4.)
The Study identified the opportunities and risks facing sections of Allapattah. Among the
opportunities, parcels similar to the Property are deemed "rife with potential" due to their access to
PZAB File ID No. 4430
Page 3 of 15
mass transportation and their proximity to the job centers in the industrial zones nearby. As a neighbor
to Downtown Miami, the Allapattah area is considered relatively affordable.
C. COVENANT
The Applicant has proffered a Voluntary Declaration of Restrictive Covenants addressing the setback
and landscaping along NW 35 Avenue. Per Miami 21, Article 4, Table 2, the setback required from
the Western Lots, along NW 35 Street, is 10 feet under the current and proposed zoning. The
covenant, commits to increasing the required setback of 10 -feet to 25 -feet. Within these 25 -feet there
will be a landscaped buffer to help screen the Property from the residential uses to the south.
D. APPLICABILITY
In accordance with Section 7.1.2.8.c of Miami 21, the zoning designation of a property may be
changed to the successional zone if the change consists of the extension of an abutting zoning
boundary. The Western Lots share a boundary with a T5 -L zone to the west, and the Eastern Lots
share a boundary with a T6 -8-L zone to the north. Furthermore, the requested zones are successional
to the existing zones pursuant to Section 7.1.2.8.a.3. The request meets the minimum criteria for
consideration of a change in zoning.
PZAB File ID No. 4430
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E. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
On the adopted 2020 Future Land Use Map (the "FLUM") of the Miami Comprehensive Neighborhood
Plan (the "MCNP"), the Western Lots are designated Medium Density Multi -Family Residential, and
the Eastern Lots are designated Restricted Commercial. Consistent with the "Correspondence Table"
of the MCNP, the Applicant requested a FLUM Amendment in a separate application (PZAB # 4429).
F. CRITERIA ANALYSIS
In accordance with Article 7, Section 7.1.2.8.a, a change may be made to a zoning designation in a
manner which maintains the goals of Miami 21. In the recommendation, staff must show that it
considered and studied the application with regard to the criteria identified in Article 7, Section
7.1.2.8.f. The criteria and staff's findings are provided below.
Criteria 1. a: "The relationship of the proposed amendment to the goals, objectives and
policies of the Comprehensive Plan, with appropriate consideration as to
whether the proposed change will further the goals, objectives and policies of
the Comprehensive Plan; the Miami 21 Code; and other city regulations."
Analysis 1.a: Objective LU 1.3 of the Future Land Use Element of Comprehensive Plan seeks
to "[... ] concentrate new commercial and industrial activity in areas where the
capacity of existing public facilities can meet or exceed the minimum standards
for Level of Service (LOS) adopted in the Capital Improvement Element (CIE)."
Two bus stops serve the Eden Park Subdivision. Bus routes 7 and 277, along
NW 7 Avenue, circulate passengers between the Golden Glades to the north
and the Government City Center to south. Less than 200 feet north of the
Property, routes 36 and 110 circulate passengers between Miami International
Airport to the west and Collins Avenue to the east. The east -west service
includes a stop at the Allapattah Train Station, which then connects passengers
throughout the rest of the Miami Dade County.
Policy LU -1.6.4: "Any proposal to amend the City's Zoning Atlas that has been
deemed to require an amendment to the Future Land Use Plan Map by the
Planning Department, shall require a level of service (LOS) review and a finding
from the Planning Department that the proposed amendment will not result in a
LOS that falls below the adopted minimum standards described in Policy CI -
1.2.3, and will not be in conflict with any element of the MCNP. Based on its
evaluation, and on other relevant planning considerations, the Planning
Department will forward a recommended action on said amendment to the
Planning Advisory Board, which will then forward its recommendation to the City
Commission. "
Staff conducted a Concurrency Management Analysis (CMA) of the proposed
amendment and found that it met all the level -of -service (LOS) standards of the
MCNP except for transportation. As of May 2018, the City of Miami has adopted
an updated Transportation Element and concurrency methods are also
updated. With this new methodology, the Office of Capital Improvements
assessed that NW 7 Avenue is operating at an LOS F and NW 36 is operating
PZAB File ID No. 4430
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at an LOS D. A better assessment of concurrency can be achieved with
additional information from the applicant.
The Study suggests that residents from this Census Block use public
transportation at a higher rate than the adjacent block to the west. It appears
that there are benefits to using public transportation in this area that may not be
available in other areas of the city.
Finding 1.a: The request to rezone to the T5 -L and T6 -8-L Zones is inconsistent with Policy
LU -1.1.3, in that Land Use Policy LU 1.3.15: The City will continue to encourage
a development pattern that enhances existing neighborhoods by developing a
balanced mix of uses including areas for employment, shopping, housing, and
recreation in close proximity to each other.
Rezoning from T4 -R to T5 -L may have a positive impact on the neighborhood,
however; redevelopment is not dependent upon rezoning the eastern portion of
the parcel to T6 -8-L parcel. The proposed rezoning of the eastern portion of the
parcel to T6 -8-L would not enhance the development pattern of the
neighborhood, as it is not part of a larger, logical change, offering the proper
transitions to the north and south. The properties to the south remain zoned
T4 -R.
Staff finds the request consistent with Policy LU -1.6.4 with the exception of the
level of service for transportation. The Planning Department recommends the
Applicant provide the requested information to the Office of Capital
Improvements prior to First Reading at City Commission.
Criteria 9.b: "The need and justification for the proposed change, including changed or
changing conditions that make the passage of the proposed change
necessary. "
Analysis 1.b: In the Allapattah Planning Study, staff assessed the risks and opportunities of
certain parts of the neighborhood. Among the characteristics considered were
Land Use and Zoning designations.
Finding 1.b: From maps generated from the Dade County Property Appraiser data,
approximately 13 -percent of the parcels (39 acres) within a'/ mile radius of the
site are undeveloped'. West of 1-95, the built environment within that same
radius is between one and four stories high, despite the Transect Zone potential
of three to five stories.
' Source: Miami -Dade County Property Appraiser. (2018). Tax Roll (Attribute Table Field used: Floor
Count; Data update: August 28, 2018). Retrieved from http://gis-mdc.opendata.arcgis.com/
PZAB File ID No. 4430
Page 6 of 15
The requested rezone from
T4 -R to T5 -L may stimulate
development in the area
that could benefit the less
T3 and T4 zones to the west
and south.
Rezoning from T4 -R to T5 -L
may have a positive impact
on the neighborhood,
however; redevelopment is
not dependent upon
rezoning the eastern portion
of the parcel from T5 -L to
T6-8-1- as proposed by the
Applicant.
Criteria 2: `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. "
Finding 2: By rezoning the Property to T5 -L and T6 -8-L, a block is created that allows for
development to gradually increase in intensity and density from west to east.
However, from north to south, the transition is not gradual.
The T6 -8-L portion of the rezone request is located across the street from T4 -R
zoned properties which are developed with residences. While the east to west
rezone in is transitional, there remain concerns regarding conflicts in transitions
between the T4 -R on the south side of NW 35 Street and the proposed T6 -8-L
zoning to the north.
G. MIAMI 21 GOALS — ANALYSIS
Per Section 7.1.2.8.a, the Goals of Miami 21 for Conservation and Development, as identified in
Section 2.1.2.a to assess the Applicant's request.
Section 2.1.2. a. 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. "
Analysis: The current density allowances for the Western and Eastern Lots are 36
dwelling units per acres ("du/ac") and 65 du/ac, respectively; per Article 4,
Table 2. The proposed designations of T5 -L and T6 -8-L allow densities of 65
du/ac on the Western Lots, and 150 du/ac on the Eastern Lot. The Property
PZAB File ID No. 4430
Page 7 of 15
may currently be developed with up to 41 dwelling units, and the approval of
the rezone would permit a maximum of 90 new dwelling units.
The Property is vacant requested rezone may generate development with T5 -
L and T6 -8L zoning that allows for additional heights, densities, and uses for
development. However, the proposed T6 -8-L zoning faces a street lined with
T4 -R properties on the south side of Northwest 35 Street which creates a
condition that does not transition height and scale north to south.
H. CONCLUSION
Staff finds that the requested change in zoning from of the Western lots (725 NW 35 Street and the
western 50 feet of 3516 NW 7 Avenue) T4 -R to T5 -L Transect Zone is appropriate and consistent
with the Miami 21 criteria. However, staff recommend disapproval for the rezoning the Eastern Lots
(3516 NW 7 Ave om T5 -L Transect Zone to a T6 -8-L Transect Zone. This request is inconsistent as
the rezone to T6 -8-L would not enhance the development pattern of the neighborhood, as it is not
part of a larger, logical change, offering the proper transitions to the north and south.
Map 2- Existing Zoning
File ID: 4430
CS
ADDRESSES APPROXIMATELY 3,516 NW 7 AVE AND 725 NW 35 ST
Map 3- Proposed Zoning
File ID: 4430
1 ADDRESSES APPROkI.UTELY 3516 MY 7 AVE AND 725 NV! 35 ST
I
The proffered the Declaration of Restrictive Covenants to increase the required setback based on the
proposed zoning along NW 35 Street, from 10 feet to 25 feet, cannot be taken into consideration
under the rezone criteria found in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of the Miami 21 Code.
PZAB File ID No. 4430
Page 8 of 15
Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, and the
findings, the Planning Department recommends approval to rezone 725 NW 35 Street and the
westernmost 50 feet of the property at 3516 NW 7 Avenue from 74-R" General Urban Transect Zone -
Restricted to "75-L" Urban Center Transect Zone -Limited and disapproval to rezone 3516 NW 7
Avenue (less the westernmost 50 feet of the property) from 75-L" Urban Center Transect Zone -
Limited to the "76-8-L" Urban Core Transect Zone -Limited.
uelin
Chie�o�Land Development
Cc:
Attachment 1: Property Survey
Attachment 2: Supporting Documents
Attachment 3: Allapattah: A Planning Study ("the Study")
PZAB File ID No. 4430
Page 9 of 15
ATTACHMENT 1
�' -- BOUNDARY SURWY
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PZAB File ID No. 4430
Page 10 of 15
LEGAL DESCRIPTION
PARCEL l:
LOTS A ?D. 30, JI AAO 32 OF EDEN PARI( ACCORDAW TO
THE PUT THEREOF AS RECORDED AV PLAT BOGY( 7. PARE
29. PUAX RECORDS OF "ILW-DADS COUNTY. FEORIDA
Address
Folio No.
PARCEL 2.
LOT 28 OF EDEN PARK ACCOROMM(' TO TME HAT THEREOF
AS RECORDED AN HAT a" 7 PAGE 29. PtAwc RECORDS
OF A94AN4MOE COUNTY. FLORIDA
3516 NW 7Avenue
0131260290020
LESS AMD EXCEPT TEREFROY
725 NW 35 Street
0131260290250
THE EAST 75 FEET OF LOTS 3. 30 31 AAV 32 OF EDEA
PARK ACCOROMVG TO TME HAT THEREOF AS RECORDED AN
PUT BOOK 7. PACE 29. PUBIC RECORDS OF AAIAWWIDE
COUNTY FLORID4.
LYANG AAO BEING W SECTION 25. TOWWW 53 SOUTK
RANGE V EAST. CITY OF A"W. At44&4VM COUNTY,
FLORIDA
�' -- BOUNDARY SURWY
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PZAB File ID No. 4430
Page 10 of 15
ATTACHMENT 2
EXISTING ZONING AXO PROJECTLOCATM
T4.R
FLOORS TE -S -L
TS -L 8 FLOOR,;
f FLOOFS
A -R T5 -L
'FLOORS 5 FLOORS
T4 -R
2FLOORS
PROPOSED ZONING AXO
T5 -L
5 FLOG
-IV,
D291-9
_ PW -
9 FLOCR3
PROJECT LOCATION
PZAB File ID No. 4430
Page 11 of 15
ATTACHMENT 3
Allapattah
A Planning Study
Compiled by the City of Miami Planning Department 2/12/2018
PZAB File ID No. 4430
Page 12 of 15
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PZAB File ID No. 4430
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PZAB File ID No. 4430
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Allapattah is a dynamic, rapidly evolv-
ing neighborhood. As such, it is natural to want
to plan for change. The Citys Planning De-
partment conducted this preliminary study to
identify any rezoning opportunities within the
neighborhood.
The study area for this exercise is rife with
potential. It is extremely well positioned with
respect to mass transportation, it is adjacent to
one of the City's preeminent job centers, and
it is relatively affordable for its proximity to
Downtown Miami.
At first glance, the neighborhood's low hang-
ing fruit might appear to be industrial land.
The planning department is concerned about
the city-wide impact of the continued loss
of industrial land. As Miami 21 is inherently
mixed-use, there are a range of by -right uses
permitted within the D I and D2 designations
including but not limited to office and general
commercial.
It is true that Dl (36 dwelling units per acre)
and D2 (0 dwelling units per acre) are not ideal
zoning designations for residential product.
However, zoning designations within the study
area that are better suited for residential prod-
uct tend to be developed well below highest
and best use. Even within the T3-0 areas, prop-
erties tend to be developed with single residen-
16
tial units, rather than duplexes. Other zoning
designations with higher residential densities
tend to be developed as single story buildings.
In these areas that could be ideal locations for
residential product, uses are present that more
closely resemble auto -related commercial or
light industrial.
Another consideration is proximity to transit.
The property zoned D 1 and D2 within study
area A falls completely outside the TOD area,
making it the least beneficial location in the
study area to develop residential.
Real estate industry outlook for industrial land
in South Florida is positive.
There are also standing concerns about gentrifi-
cation and displacement. Both study areas have
average household incomes that range from ap-
proximately$12,000 - $30,000 less than Miami
Dade area median income. This fact, combined
with rates of T3-0 homestead exemptions
claimed at 33.6% of study area A and 42.8% of
study area B, implies high rates of renter house-
holds and high risk of displacement.
The Future Land Use Map exercise presented
on page 9 of this study could serve as a useful
guidepost for potential rezonings. It is worth
noting that none of the property considered
through this metric is D 1 or D2.
If there is a continued desire to explore op-
portunities in the neighborhood, the planning
department will be happy to explore addi-
tional metrics to assess rezoning potential. An
outreach strategy could be developed to get a
better understanding of the concerns of excit-
ing residents to craft a strategy that presents
an opportunity for growth, but also protects
existing residents.
PZAB File ID No. 4430
Page 15 of 15
AERIAL
FILE ID: 4430
N ADDRESSES: APPROXIMATELY 3516 NW 7 AVE AND 725 NW 35 ST
125 250 500 Feet
MIAMI 21 (EXISTING)
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File ID: 4430
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