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Home My WebLink AboutAnalysis and MapsCity of Miami low Department ANALYSIS FOR REZONE Staff Analysis Report No. PZ-19-4415 Location 2170 NW Flagler Terrace and 45 NW 22 Avenue Folio Number 0141030130610, 0141030130620 Miami 21 Transect "74-R" General Urban Transect Zone — Restricted I "76-8-0" Urban Core Transect Zone — Open MCNP Designation Medium Density Multifamily Residential 1 Restricted Commercial Commission District District 3 — Joe Carollo Planner Sevanne Steiner, Assistant Director (ssteiner@miamigov.com Property Owner 2170 SBH, LLC; 45 SBH, LLC Project Representative Ben Fernandez, Esq. (bfernandez@brzoninglaw.com Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114 ("Miami 21"), as amended, 2170 SBH, LLC and 45 SBH, LLC (the "Applicant") requests a change of zoning from"T4-R" General Urban Transect Zone — Restricted to 75-R" Urban Center Transect Zone — Restricted for the property located at approximately 2170 NW Flagler Terrace, Miami, Florida (the "East Parcel'), and a change of zoning from 76-8-0" Urban Core Transect Zone — Open to 76-8-L" Urban Core Transect Zone — Limited for the property located at approximately 45 NW 22 Avenue, Miami, Florida (the "West Parcel") (collectively the "Property"). Existing Miami 21 Transect Zone INS Proposed Miami 21 Transect Zone PZ-19-4415_ZC_2170 NW Flagler TER 1 1 B. RECOi~ IMFNIDATiO Pursuant to Miami 21, Article 7, Section 7.1.2.8, the Planning Department recommends approval of the requested change of zoning from "74-R" General Urban Transect Zone — Restricted to "75- R" Urban Center Transect Zone — Restricted for the property located at approximately 2170 NW Flagler TER, Miami, Florida (the "East Parcel"), and Denial of the requested change of zoning from "76-8-0" Urban Core Transect Zone — Open to 76-8-L" Urban Core Transect Zone — Lirnited for the property located at approximately 45 NW 22 AVE, Miami, Florida (the "West Parcel"), based upon the findings in this staff analysis. C, PROJECT aCT DATA Table 1: Surrounding Lases Miami 21 MCNP 1 Density Existing Use Restricted Commercial 1 Auto -related North T6-8-01 T3-0 Duplex Residential Commercial 1 Vacant 1 two-family residential South T6-8-0 Restricted Commercial General Commercial East T4-R Medium Density Multifamily Multifamily residential Residential Vilest T6-8-0 Restricted Commercial Multifamily residential 1 educational D. 1 A(i GRO,LIND The Property is located at the intersection of NW 22 AVE and NW Flagler TER on the block bound by NW Flagler TER to the north, NW 21 PL to the east, NW Flagler ST to the south, and NW 22 AVE to the west. The Property is located one block to the north of W Flagler ST, a city -designated Transit Corridor. According to the survey prepared by Hadonne Land Surveyors and Mappers, dated October 2, 2019, the Property's total area is approximately 0.93 acres (40,917 square feet) and is comprised of two parcels which correspond to the Property's existing zoning designation. The parcel located at 2170 NW Flagler Ter (the "East Parcel") is approximately 17,790 square feet and zoned 74- R" General Urban Transect Zone — Restricted. The parcel located at 45 NW 22 Ave (the "West Parcel") is approximately 23,127 square feet and is zoned 76-8-0" Urban Core Transect Zone — Open. The East Parcel is developed with a two-story structure that was constructed in 1958 and contains 22 dwelling units. The West Parcel is developed with a single -story commercial structure with accessory parking and a car wash that fronts onto NW 22 Ave, constructed in 1955. The western portion of the Property falls within the boundary of the 22 Avenue Established Setback Area. PZ-19-4415_ZC_2170 NW Flagler TER 12 Subject Property Outlined in Yellow PROPOSAL AND COVENANT: The request for rezoning is made to "develop a mixed -use, transit -oriented project" on the East and West Parcels. According to the Applicant's letter of intent (LOI) dated April 9 2020, the proposed rezoning is needed to "activate NW 22 Avenue with additional retail and residential uses" which are currently restricted due to the T4-R zoning designation that is assigned to the East Parcel. Approval of the requested Rezoning would limit the permitted Uses and the intensities of those uses for the West parcel by down -zoning from T6-8-0 to T6-8-L, and increase the Density and Height permitted for the East Parcel with a change from T4-R to T5-R. No project has been submitted as part of the rezoning, however, the Applicant has submitted a draft Declaration of Restrictive Covenant (Matter Id No. 20-970) which voluntarily proffers the following in response to Planning's review of the request: • The Owner shall provide a total of 10 (ten) percent of the housing units as a part of any multifamily residential rental or condominium development on the Property at a purchase PZ-19-4415_ZC_2170 NW Flagler TER 13 cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below eighty percent (80%) of the Area Median Income. DEMOGRAPHICS: The Property is part of the US Census Block 120860054052. According to the American Community Survey (ACS), 5-year estimates (2013-2017), the median household income for the block group is $25,857, which is approximately seventy percent (76%) of the median household income for Miami ($33,999) and slightly more than one half of the median household income for Miami -Dade County ($46,338). The Census Block Group in which the Property is located has a total of 537 households with a total of 598 housing units. The percentage of families living in poverty in this Block Group is 31.21 percent compared to the City at 20.18 percent and the County at 14.75 percent. The same ACS 5-year estimate data showed that approximately 73.37 percent of households in the subject Block Group rented their homes, as do most households in the Block Groups located to the north, south, and west. The median rent for a unit in the Block Group is $990. Surrounding Block Groups typically had a median gross rent between $907 and $1,114. Table 2: Collected Census Data — 2010 Census Block Group: 120860054052 Topic Data' Number of Households 537 Number of Housing Units 598 Median Household Income $25,857 Percent of Families under the Poverty Line 31.21% Percent of Households that rent 73.37% Median Rent $990 80.71% Rental cost burdened 1. Data was retrieved from the U,S. Census Bureau. Data from the Decennial Census and the American Community Survey was compiled for this report. E. ANALY,'31S The Rezoning, as proposed, has been analyzed for conformance with the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and Article 7, Section 7.1.2.8, of Ordinance 13114, as amended. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN: Pursuant to the adopted Future Land Use Map (FLUM) of the Miami Neighborhood Comprehensive Plan (MCNP), the East Parcel is designated "Medium Density Multifamily Residential" which is intended for residential structures with a maximum Density of 65 Dwelling Units per acre (DU/AC) and smaller scale commercial uses that serve the retailing and personal service needs of the neighborhood. The West Parcels are designated "Restricted Commercial" which allows a maximum Density of 150 DU/AC and has the most flexible allowance of uses. Per the Correspondence Table - Zoning and Comprehensive Plan of the FLUM, the requested change of zoning from T4-R to T5-R for the East Parcel, and from T6-8-0 to T6-8-L for the West PZ-19-4415�ZC_2170 IOW Flagler TER 14 Parcel is consistent with the Property's existing future land uses (FLU), as such, a companion FLUM Amendment is not required. MIAM1 21 CODE: The East Parcel is zoned 74-R" General Urban Transect Zone — Restricted and the West Parcel is zoned "76-8-0" Urban Core Zone — Open, as described above. Excerpts from Article 4, Table 3, Article 4, Table 4, and Article 5 of the Miami 21 Code highlight the allowed Uses and development standards that would change as a result of the proposed rezoning. PZ-19-4415 ZC2170 NW Hagler TER 15 4 rl #` - -`2170 NW Flagler TER 1 6 Table 3: Excerpt of Article 4, Table 4 T6-8-L T6-8-0 Limited to four Stories of the Principal Office Building and shall be less than 25% of Building floor area total. Limited to two Stories of the Principal Commercial Building and shall be less than 25% of Building floor area total. Table 4: Article 5 Development Standards T4-R T5-R T6-8-LIT6-8-0 Building Disposition Floor Lot Ratio NIA NIA 5125% (FLR) Lot Coverage 60% max. 80% max. 80% max. Frontage at front 50% min. 70% min. 70% min. setback Density 36 DU/AC 65 DUTAC 150 DU/AC Max. residential 14 units 26 units 79 units units (22 units existing) Setbacks 10 feet min. 10 feet min. 10 feet min., 20 feet above 811 Principal Front story 10 feet min. 10 feet min. 10 feet min., 20 feet above 8th Secondary Front story 0 feet or 5 feet 0 feet min. 0 feet min., 30 feet above 81h Side min. Abutting a story Setback 20 feet min. 0 feet min. 0 feet min., 30 feet above 81h Rear story 0 feet min. 1ht through 5„ Story, Abutting Side or 10 ft, min 6 through 8 Story, Rear T5 30 feet min. above 81h Story Abutting Side or 6 feet min. 6 feet min. 1It through 5h Story, Rear T4 26 ft, min above 51h Story Building Height Min. Height NIA 2 stories 2 stories Max. Height 3 stories and 40 5 stories 8 stories ft. max. Max. Benefit NIA 1 Story abutting 4 stories abutting all transect Height D1 zones except T3 PZ-19-4415_ZC_2170 NW Fiagler TER 17 Analysis of T4-R to T5-R: As exhibited above, the allowed Uses within the T4-R and T5-R are identical to and prescribe the same processes to permit Uses except for Ancillary Units, Public Parking, and Transit Facilities. The primary difference between the existing and proposed zoning designation is the Density of the T5-R Transect which allows up to 65 DU/AC and a maximum Height of five (5) stories By Right. Analysis of T6-8-L to T6-8-0: Allowed Uses within the T6-8-L and T6-8-0 are identical to and prescribe the same processes to permit Uses except for Regional Activity complexes. Similarly, there is no change to the required development standards, as shown in Table 4; Article 5 Development Standards. The primary difference between the existing and proposed zoning designation is that the T6-8-L Transect Zone limits Office and Commercial uses to four stories and the first two stories, respectively, and less than 25% of the total Building floor area, as shown in Table 3: Excerpt of Article 4, Table 4. CRITERIA FOR REZONING: In accordance with Article 7, Section 7.1.2.8 (a), a change may be made to a Transect Zone in a manner which maintains the goals of Miami 21. In the recommendation, staff must show that it considered and studied the request with regard to the three criteria identified in Miami 21 Article 7, Section 7.1.2.8 (f). The criteria and staffs findings are provided below. Criteria 1 7.1.2.8 (0(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 of The requested change of zoning from T4-R to T5-R for the East Parcel, and from T6- Criteria 1 8-0 to T6-8-L for the West Parcel is consistent with the Property's existing future land uses of "Medium Density Multifamily Residential" and "Restricted Commercial," respectively; as such, a companion FLUM Amendment is not required. Land Use Policy LU-1.1.7 seeks to establish land development regulations and policies that "will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrian, bicycles, automobiles, and mass transit." Based on the Applicant's intent to develop the Property with a mixed -use development consisting of commercial and residential uses, a change in zoning from T4-R to T5-R for the East Parcels and from T6-8-0 to T6-8-L for the West Parcels is not needed to achieve the goals of Policy LU-1.1.7. The T4-R Transect Zone already permits Residential uses, therefore the change to T5-R would simply allow additional development capacity and Height. PZ-19-4415_ZC_2170 NW Flagler TER 18 Similarly, the change to T6-8-0 to T6-8-L would not yield an increase in permitted Uses or Density, rather would limit the intensities of Commercial and Office Uses permitted unlike other T6-8-0 designated properties along this well -established commercial corridor. Land Use Policy LU-1.6.9 which seeks to "establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements," and Miami 21 guiding principal (Section 2.1.2.a.2) which aims to create a harmonious relationship "between low Density Residential neighborhoods and adjacent Commercial Corridors with appropriate transitions of Density and Height following the theory of the Transect." Given the intensity and density found to the west, rezoning the east parcels would allow for a more gradual transition in height in density. Policy TR-1.1.5 "encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers." The Parcels are located within a TOD, thus necessitating the need for increased density found in the existing T8-0 (west parcel) and the proposed T5-R (east parcel). Finding 1 Pursuant to Article 7, Section 7.1.2.8 (f)(1)(a) of Miami 21 Code, the request to rezone is consistent with the goals, objectives, and policies of the Comprehensive Plan. Criteria 2 7.1.2.8 (0(1)(b) "The need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary. " Analysis of Pursuant to the Miami 21 Zoning Atlas, the T4-R Transect Zone on the south side of Criteria 2 NW Flagler TER between NW 22 AV and NW 18 AV acts as a natural buffer between the T6-8-0 properties to the south along W Flagler ST and the well -established T3 neighborhoods to the north. A review of the former Zoning Ordinance 11000 shows that no recent changes have been made to the Transect boundaries in the area which follow the original lot lines of the Evanston Heights Plat (Recording Book 1, Page 56). Under the former City of Miami Zoning Ordinance 11000, the East Parcel along with the remainder of the properties on the south side of NW Flagler TER were designated, "R-3" Multifamily Medium -Density Residential Zoning District and SD-12 Buffer Overlay District, and the West Parcel was designated "C-1" Restricted Commercial and SD-26 22nd Avenue Special Overlay District. With the adoption of the Miami 21 Code in 2010, the properties designated R-3 were zoned "T4-R" General Urban Transect Zone — Restricted and the properties designated C-1 were zoned T6-8-0 Urban Core - Open. The boundary between the C-1 and R-3 zoning districts were maintained, providing for a transitional zoning designation in conformance with the intent of the Miami 21 Code. In support of the request to rezone the Property, and in accordance with Article 7, Sections 7.1.2.8(f)(1)(b), the Applicant has provided an analysis of development and land use patterns within a half mile of the Property. The analysis reveals that the PZ-19-4415�ZC_2170 NW Flagler TER 19 multifamily development directly west of the Property across NW 22 AVE is 16 stories in height and contains 135 dwelling units. It was constructed in 2007 under the former 11000 Zoning Code. Considering the 16-story building, a more subtle transition into the existing T3 neighborhood should be considered. From east to west this could be achieved by rezoning the east parcel to T5-R. Previous Zoning Ordinance 11000 PZ-19-4415_ZC_2170 NW Flagler TER 1 10 Existing Miami 21 Transect Zone Finding 2 In accordance with Article 7, Section 7.1.2.8 (f)(1)(b) of Miami 21 Code, the requested change in zoning is consistent. Criteria 3 Section 7.1.2.8 (f)(2) "A change may be made only to the next intensify 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 Although the request to rezone from T4-R to T5-R for the East Parcel is successional Criteria 3 pursuant to Article 7, Section 7.1.2.8.a.3. of Miami 21, the proposed change represents an encroachment of the T5-R Transect Zone within an established T4 Transect Zone. The neighborhood is comprised predominantly of one and two-story single family, duplex, and multi -family housing. The proposed change of zoning from T4-R to T5-R would increase the allowable maximum number of Stories from three to five in this location. Furthermore, the proposed change of zoning would permit an increase in the maximum Density allowed from 36 DU/AC to 65 DU/AC. While the calculated densities of the existing T4 properties along the south side of NW Flagler TER exceed the 36 DU/AC permitted in this Transect Zone, the introduction of additional Height is PZ-19-4415_ZC_2170 NW Flagler TER 1 11 incompatible with the one and two-family residences to the north. However, provided transition in height east to west. Similarly, the request to rezone from T6-8-0 to T6-8-L for the West Parcel is successional pursuant to Article 7, Section 7.1.2.8.a.3. of Miami 21, however, represents a down -zoning to a less intense Transect Zone along a well -established commercial corridor. Finding 3 In accordance with Article 7, Section 7.1.2.8.a.3 of Miami 21 Code, the request to rezone is consistent with successional requirements. In accordance with Article 7, Section 7.1.2.8.f.2 of Miami 21 Code, the request to rezone is inconsistent with the Miami 21 Code. F, CONCLUSION The densities of the existing T4 properties along the south side of NW Flagler TER exceed what is permitted in T4 Transect Zone, the requested change to T5-R for the East Parcel would allow the density and development capacity to match existing development patterns and is within the intensity allowed by the Comprehensive Plan. Furthermore, the requested change to T6-8-L for the West Parcel would result in a down -zoning to a less intense Transect Zone that effectively limits the intensity of uses along a well -established commercial corridor. In response to Planning's review of the application, the Applicant has voluntarily preferred a declaration of restrictive covenant that would require 10% of units as a part of any multifamily residential rental or condominium development on the Property at a purchase cost, value, or monthly rental, as applicable, for those individuals whose income is at or below eighty percent (80%) of the Area Median Income. It should be noted that while the covenant has been reviewed by the Planning Department and the Office of the City Attorney, the Planning Department's analysis and recommendation is based on the criteria for rezoning found in Miami 21. Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning Department recommends approval of the requested change of zoning from"T4-R" General Urban Transect Zone — Restricted to "75-R" Urban Center Transect Zone -- Restricted for the property located at approximately 2170 NW Flagler Ter, Miami, Florida, and denial of the requested change of zoning from "76-8-0" Urban Core Transect Zone — Open to "76-8-L" Urban Core Transect Zone — Limited for the property located at approximately 45 NW 22 Ave, Miami, Florida. PZ-19-4415_ZC_2170 NW Flagler TER 112 i `11Y f1R'� AERIAL ePLAN ID: PZ-19-4415 NOTICE Thls submittal neetls m I [ — l ee m, i public nea,ing REZONE Inazco,ean�wme-d'd setmnnintheCity o Miami CWe. The appliwde tleclsion-rnaXing bWywill renewthe inm'mation at the public hearing t, rentler e ,ecomme da ., — nnai eedaon. PZ-19-4415 11/05/20 -�} ,I ,1 NW 2ND ST �a _ER.�r'� �cY I am Ali ■ i''(•.• MAST-S� 7 117 t l �� - NW 1ST STD _� _ - _ ,liw w l - WHO1 H ice, p Zrcm. %al i i s to , fN -, llL�? z NW FLAGLER TER +�l 41, r �4 r _ N �W FL•AGLER,ST` , . , ,__, �: , , irk N ADDRESSES: 2170 NW FLAGLER TER & 45 NW 22 AVE 0 125 250 500 Feet SUBJECT PROPERTIES T3-R T3 T5-L �FN O yq �p ST ST• NW2NDST 1ST MIAMI 21 (EXISTING) ePLAN ID: PZ-19-4415 REZONE 0 z N >N z rNW FL•AGLER-TER Q 0 z N N T6-8-0 1 T4-R W,FLAGLER,ST w Q N 411y!arR� NOTICE This submittal needs b be achetluled br s public hearing In accortlanre wM1h tlrnell11 set forth in the City & Miami Cwe. The appU-d' dads— a "g bwywill rewewiheinbrmation at the pubic hearing to rentlere rece—datien or a final d-im., PZ-19-4415 / \` 11/05/20 ,I H U H N V) N ADDRESSES: 2170 NW FLAGLER TER & 45 NW 22 AVE 0 125 250 500 Feet SUBJECT PROPERTIES =0MY=►101MI T3-R T5-L ST ST• T3 1 STeST M IAM 121 (PROPOSED) ePLAN ID: PZ-19-4415 REZONE NW 1ST TER mkq NO F1.19&1a 411y!arR� NOTICE This submittal needs b be achetluled br s public hearing In accortlanre wM1h tlrnell11 set forth in the City & MiamiCWe. TheappU-d' dads— a "g bwywill rewewiheinbrmation at the pubic hearing to rentlere rece—datien or a final d-im., PZ-19-4415 \` 11/05/20 14,4 Q ,Q o z >N N 2 i NW FLAGLER-TER Q 0 z N N T6-8-L T4-R T6-8-O W,FLAGLER,ST N 0 125 250 500 Feet U H N V ADDRESSES: 2170 NW FLAGLER TER & 45 NW 22 AVE SUBJECT PROPERTIES