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Home My WebLink AboutAnalysis and MapsCity of Miami ,•., Bei er eeii Planning Department ANALYSIS FOR Change of Zoning Application Staff Analysis No. Location Folio Number Transect Zone Miami Comprehensive Neighborhood Plan (MCNP) Designation Commission District Neighborhood Enhancement Team (NET) District Planner Property Owner Project Representative A. GF -NF -RAL INFORMATION PZ -18-503 1628, 1632, and 1642 SW 7 ST 0141020120010, 0141020120020, and 0141020120030 T5-0 (Urban Center) Restricted Commercial 3 (Joe Carollo) Little Havana Sergio Garrido, Planner II Doral New Holdings, Inc., 1632 Investments, Inc. and R A Data, Inc. (collectively, Owner and/or Applicant) Ines Marrero-Priegues, Esq. REQUEST; Pursuant to Article 7, Section 7.1.2.8, of Miami 21, as amended, 721 Property, LLC (the Applicant) request the rezoning from 76-0' Urban Center — Open to "T6-8-0" Urban Core — Open of the properties located at 1628, 1632, and 1642 SW 7 St., (the "Property") as depicted in "Table No. 1: Subject property The complete legal description of the Property is on Exhibit A of this report, Table No. 1, Subject Property D1-4102-012-oO10 1828 5W 7 5t. 5,850 T5-0 (URBAN T8-8-0 (URBAN DI -4102-012-0020 1832 SW 7 St. 7,590 'CENTER TRANSECT CORE TRANSECT ZONE -OPEN) ZONE - OPEN) 01-4102-012-0030 1642 SW 7 St. 7.590 23,850 Existing zoning designation T4 -L Mill __------.---_.... ..._.....� T6 .O .------------- p T4 -R Proposed zoning designation T4 -Ft T4 -L T5 -U L 4-R G The Pro rly is comprisW by three mid -bloom par is located on the north sine of the oily black surrounded by SW 7 Street to the north, by SUV 16 Avenue to the east, by SW 6 Street to the south, and by 17 Avenue to the west. Illustration No.2 Aerial 0. COMPREHENSIVE PLAN The Future Land Use Map (=LUM) designalion for the subject property is "Restricted Commercial" whicai was the minimum required to be compatible vAh the farmer zoning designation under 11000 Zoning Ordinance. This FLUM designation is compatible, for the requested rezone to 76-8-0'", as such, no FLUM arnendmernl is required 1Ilu%trativn Ho,2 Future Land U�€ Map;FWM) designation Med. Dens. Rest. Commercial -o V_ Restricted Commercial SITE AND VICINITY MIAMI 21 AND FUTURE LAN D USE: Property Designations Miami 21 Future Land Use Subject Properties T8-0 65 DU/ acre Restricted Commercial 150 DUiacre Surrounding properties T6-0 Restricted Commercial North 65 DU/ acre 150 DUdacre T6-8-0 Reslrii,,led Commercial, South 150 DU; acre 150 OIJI acre T5-0 Restricted Commercial East 65 DU1 acre 150 Dui acre T5-0 Restricted Commercial West 65 DU/ acre 1501 DUI acre BACKGROUND, To provide comprehensive understanding of the area of the proposed rezone, the Zoning, Land Use, and traffic elements were analyzed. Previous zoning designation udder 11 OOD Zoning Ordinance (11000 Z.0), The area where the Property is located, was designated SD -14 "Latin Ouarter", under the11000 Z.b_ The SD -14 allowed for the intensity as well as most of the principal uses and structures permitted in "C-1" Restricted Commercial_ Future Land Use designation. Pursuant to the "Correspondence Table2oning and Comprehensive Plan" of the Miami Comprehensive Neighborhood Plan (MCNP), a Future Land Use (FLU) designation of"Restricted Commercial" was the appropriate FLU 10 allow the C-1 zoning classification. It is important to point out the two levels of guiding principles existing on city land. the first and broadest is provided by the Future Land Use designation as described by the Miami Comprehensive Neighborhood Plan (MCNP) which encompasses land use, housing, sanitary and sewer, ports, the Miami River, Education, sea level rise and many ether issues of critical importance to the City's growth, The MCNP includes sets of goals, objectives, and policies for the gr€AMh and development G¢rrevpwdenee Table - Zoning and Comprehensive Plan WNW 3 ORDINANCE11W M CNP JULY 19919 CS LCONSERVATION CONSERVATION I jPR - , RESTRICTED PARKS AND WOREATIDM AND RECREATO REORFAT10+!'J 6VJW FACILITES R.1 GINIGLE.FAMILMES GLE-FAMILY RESIDENTIAL R;2 TWWA3,itYRESIGENTIALmPL' E%RmiDE# riAL LR3 LlUILTI-FAMLY MEDIUM 4EK9W W-DIL&I DENSn RESIDENTIAL AILTIFAMILY RESICENTIAL R- MULTr- AMILY HIGH fl"CENSn DENSITY#ESIDENTIAL MULTFAMILYRESIDEHTa ,OFFICE OFFICE Lail C3CVE NMENTANDINSTiTUTICNAL MAJORWISTITLITOW,FIALIOFACILITIES, TRANSPORTATION D UTILITIES 1 RESTR1GTEt1 GCWMERGIAL RESTRCTEO CDkiMERCIAL USERALOUMMEMAL GMAL C90 C CIRALaAwm[)IDWLr CENTRAL BUSINESS DISTRICT I NINVSTRAL IHDUSTRV�L R7 FD41343UEEWAYRAPIDTRAISIT DEVEI CMENT DISTMI cf the City of Miami, The second level provides a "Fine -Tuned" levels of land development standards contained by the Transect Zone provided by the Miami 21 Cade. The Miami 21 Code implements land use by providing the properties with similar or more restrictive regulations. Traffic: SW 7 Street and SW 8 Street constitutes one-way pair, which is formed by two independent and roughly parallel streets traveling in apposite directions_ Traffic on SW 7 Stree� runs East to West while traffic on S'lu'ti! 8 Street runs West to East. After an analysis of the characteristics of the corridors of the one-way pair, upon adoption of Miami 21 Code, both sides of the corridor formed by SW 7 Street were designated 1,76-0" Urban Center Transect Zone -Open, while both sides of the corridor formed by 8W 8 Strut were designated 76-8-0" Urban Core Transact Zone — Open. The Transect Zone designations of T5 on both sides of SW 7 Street, and T6 on both sides of SW 8 Street are uninterrupted, from approximately SW 8 Court to SW 17 Avenue_ C. ANALYSIS The Rezoning. as currently proposed, has been analyzed for conformance with Miami 21 Code. Ordinance 13114, as amended, Article 7, Section 7-1.2.8 MIAMI 21 CODE: The existing Transect Zone for the Property is 6T5.0" Urban Center Transect Zone - Open and the request is to change the Transect Zone designation to "76-8-0" Urban Gore Transect Zane - Open, Pursuant to "Article 4, Table 3: Building function Uses", the differences are as follows: Density Thi allows 65 DUI acre and T6 allows 150 DUI acre_ Uses: T6-0 allows the same Uses alIawed by T5-0, plus Regional Activity Corn plex which may tie allowed by Exceptlon_ The following excefl t of Miami 21 Code, Article 4, Table 3 shows the differences mentioned above. Excerpt of Article 4, Table 3 T5-0 T6-8-13 Density (Units Der acne) e6 1 150 Activity Complex I I I I E Development rights: Higher development capacity is assigned to T6.8 Transect Zone. The following excerpt of Miami 21 Gude, Article 5, Illustrations 5.5 and 5.6 show only the differences on this matter_ Article 5 Development Standards, Illustration 5,5 & 5.6 T5 T64 Building Disposition Floor Lot Ratio (FLR) NIA 5125% Density 65 DUTAC 150 DU1AC Buil ding Height Min. Height 2 stories 2 stories Max. Height 5 stories 6 stories Max_ Benefit Height 1 story abutting D1 4 stories abutting all Transect Zones except iT3 The following graphic shows the difference in building height for the existing and the proposed Transect Zane. Bg height for 75 abutting all ,zones Building height for T6 abutting `except T4 & T3 side and rear T5 r t I 10 I i 7 1f1 min. I t i j MK i 5 411 4 - 2 s i 2 9 min. }rw I � i The request is to rezone the subject Property from 75-a" Urban Center -Open to '76-8-0" Urban Core— Open, which complies Mh the criteria to apply set forth Sec, 7.1,2,8 (a), which states: „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 loser Transect Zone; within the same Transect Zone to a greater or lesser intensky; or to the next higher Transect Zane, or through a Special Area Plan". An adeldionall the criteria to apply for a rezone is set forth Miami 21 Code, Sec.7.1.2.8 (c) (1) which states that "Except where the proposal for the rezoning of property involves an extension of an exisfing 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 (2 00) feet of street frontage on one (1) street"_ Even though the rezoning is requested fcr 23,850 sq, ft. of real property, it complies with Section 71.2.8 (c) (1) since rt is the extension of an existing T6-8-0 district located south to the subject property . The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.,E (0(2) of Miami 21. The background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference; Criteria 1 "The relationship of the proposed amendment to the goals, objectives Sec. 7.1.2.8,f.1.a anti 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 211 Code: and other city regulations," Analysis 1 Under 11040 Zoning Ordinance, the area where the subject Property is located, was designated SD -14 "Latin Quarles, allowing for the intensity as well as for most of the principal uses and structures permitted in "C-1" Restricted Commercial. Pursuant to the applicable "Correspondence Table -Zoning and Comprehensive Plan" of the Miami Comprehensive Neighborhood Plan, a Future Land Use (FLU) designation of "Restricted Commercial" was the appropriate FLU to allow the C-1 zoning classification. Upon adoption of Miami 21 Gcde, both sides of the corridor formed by CW 7 Street vers designated 75-0" Urban Center Transact Zone - Open, while bath sales of the corridor formed by SW 8 Street were designated '76-8-0" Urban Core— Open. The way the T5 Transect Zone designation was applied to the properties abutting SW 7 Street provide an appropriate transition and buffer to the T4 properties located to the north. Even though the underlying Future Land Use of "Restricted Commercial" allows for more development capacity than the provided by T5, the zoning designation acts as a second layer of regulations providing an additional 'Tins -tuned" level of land development standards. The expansion to the north of the boundary of the TS -8-0 Iccaled south of the Property will represent an intrusion of density, height and development capacity, altering the character of the SW 7 Street on the porlion limited by SVV 8 Court to the east and SW 17 Avenue to the west. Finding 1 While the request does not require FLU amendment, it is inappropriate to the character of SW 7 Street corridor, which has FLU designation of "Restricted Commercial" on bath sides and consistent T5-0 on the portion limited by SW 8 Court to the east and by SW 17 Avenue to the west. Criteria 2 "The need and justification for the proposed change, including Sec_ 7.1.2.8_f_1.b. changed or changing conditions that make the passage of the proposed change necessary." Analysis 2 Whh the adoption c]f Miami 21 Zoning Code in 2010, the SW 7 Street corfidor was designated with the T5 Transect Zone on both sides, buffering the well-established T4 neighborhoods to tha north from the T6-8-0 properties to the south, at both sides of SW 8 Street corridor. On January 18, 2018, the City Commission approved an FLU amendment and rezoning' from T5-0 to T6-8-0 for properties on S 7 Street and SW 7 Avenue, almost a mile away to the east of the subject Property. This rezone does not represent a changing ccnditiDn that justifies the proposed rezone requested. In 2017 the Planning Department studied the rezoning of the properties along SW 7 Street between SW 17 Avenue and SW 22 Avenue from T4-11- to T5 -L. This study strengthens the importance of SIN 7 Street Corridor as a transitional buffer to the T4 lots it abuts. The study did net consider rezoning other portions of the SW 7 Street corridor.. The requested rezoning not only will alter the character of SW 7 Street corridor, but will reduce the Buffer provided by T5-0 to the properties designated T4 located to the north. Finally, the existing .zoning boundary fellows the original plat lines of the Lawrence Estate East Addition (Recording Barak 3) and was maintained wrlh the adaption of Miami 21, confirming that the existing zoning boundary is not illogically drawn. Finding 2 The rezoning of the subject Properly is inconsistent with criteria set forth in Section 7.1.2.8.1.1.b. Criteria 3 A change may be made only to the next intensity Transect Zone a by Sec. 7-1-2-8-f- 2 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. AnalWs 3 Even though the requested rezoning is proposed to the next intensity Transect Zone, the proposed change does not maintain the goals of Miami 21 Cade to preserve Neighborhoods and to provide transitions in intensity and Building Height. I ordinances 13731 and 12732 Flnding3 The proposed rezoning is inconsistent with the goals of Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity aria Building Height D. CONCLUSION AND RECOMMENDATION: Based on staff analysis ,and pursuant to the critenia provided by Miami 21 Cade, the Planning Department recommends denial to rezone from 'TS -C' Urban Center — Open to "T6 -8-O" Urban Core — Open of the properties located at 1628, 1632, and 1642 SW 7 Street, Jacqueline Ellis Chief of Land Developement Attachments : Attachment A — NOTICE The final decision may be appealed by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd Ave., Yd Floor, Miami, FL 33130 Telephone number (305) 416-2030. Attachment "X' LEGA. DESCRJPTION. Lots 1, 2, and 3, of " MANLIE "'S RESUBDIVISXGN," according to the plat thereof, as recorded in Plat Book, 9, at Page 47, of the Public Records of Miami Dade County, Florida. Property address(es) &. Tax Folio Numbers) Address Folio 1629 SW 7 Street 01-4102-012-0010 1632 SW 7 Street 01-4102-012-0020 1642 SW 7 Street 01.4102-412-4034 MIAMI 21 (EXISTING) FILE ID: 5663 REZONE T5 -O SW 6TH ST SW =7TH ST T4=L N 0 125 250 500 Feet T3 -O ADDRESSES: 1628, 1632, and 1642 SW 7 ST Established Setbacks Subject Properties T4 -R MIAMI 21 (PROPOSED) FILE ID: 5663 REZONE SW 6TH ST LU a T5 -O SW 7TH'ST T4=L N 0 125 250 500 Feet T5 -O T3 -O ADDRESSES: 1628, 1632, and 1642 SW 7 ST Established Setbacks Subject Properties AERIAL FILE ID: 5663 N ADDRESSES: 1628, 1632, and 1642 SW 7 ST 125 250 500 Feet I i I i i i I