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HomeMy WebLinkAboutAnalysis and MapsDocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 . <<: NOTICE Thls submittal needs b be scheduled ton a public heming In Ac ndancewkh timelines setforth in the City& Miami cwtl .The appllcade tlsiNo making body will reWewthe mtormad at the public hearing I. renders nxommended., or a final d.dm.,. PZ-22-13143 12/15/22 1 N ter tfi City of Miami * INCGRV GRATED Is Ak Planning Department .....o� O R N� ANALYSIS FOR REZONE Staff Analysis Report No. PZ-22-13143 Location 39 NW 39th ST, 40 NW 39th ST, and 48 NW 39th ST Folio Number 0131240210550, 0131240210970, and 0131240210980 Miami 21 Transect T3-L Sub -Urban Transect Zone - Limited MCNP Designation Single -Family Residential Commission District 5 — Christine Kin Department of Human Service Neighborhood Service Center Wynwood/Edgewater Planner Zhaokai (Kyle) Liu, Planner II Property Owner Design District 39 LLC, ESJ Design District 40 LLC, and Design District 48 LLC arivero@bilzin.com Project Representative Javier Avino javino@bilzin.com A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, Rivero Invest Capital Group LLC. (the "Applicant") requests to rezone the property located at 39 NW 39th ST, 40 NW 39th ST, and 48 NW 39th ST, Miami, Florida from "73-L" Sub -Urban Transect Zone - Limited to "74-L" General Urban Transect Zone — Limited. Concurrently, there is a companion application (PZ-22-13142) to amend the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP) from "Single -Family Residential" to "Low Density Restricted Commercial" Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 1 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 Figure 1 Existing Miami 21 Transect Zone B. RECOMMENDATION �, Vol 14, Figure 2 Proposed Miami 21 Transect Zone i NOTICE This eu bnnittaln &b be sche&W d b, a public hearing in ccord—wM1h hmellnea sH forth in the City & Miami CWe. The appliwde be -n-rnaXing bWy will rewewthe inbrmatir3n at the pubc hearing to n,nde, e nxommendz., cr z final d.dd.,. PZ-22-13143 12/15/22 AJ Pursuant to Article 7, Section 7.1.2.8 of Miami 21, as amended, the Planning Department recommends denial of the request to rezone the Property from "73-L" Sub -Urban Transect Zone — Limited to "74-L" General Urban Transect Zone — Limited and alternatively recommends approval of "73-0" Sub -Urban Residential - Open based upon the facts and findings in this staff report. C. PROJECT DATA SURROUNDING USES Miami 21 MCNP / Density Existing Use North/ T3-L Single -Family Residential Single -Family West 9 du/ac Residential Low Density Restricted Single -Family ly South T4-0 Commercial Residdentia Residential 36 du/ac East T4-L General Commercial Single -Family 36 du/ac Residential West T3-L Single -Family Residential Single -Family 9 du/ac Residential Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 2 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 (�I. <NOTICE needs b be scheduled ton a public h-1,g nce wkh timelines set forth in the CityM The applicade tlsi-n-making btly will brmab at the public hearing to render. ommendatlon or a final tleclWon. PZ-22-13143 12/15/22 1 D. BACKGROUND The Property has three (3) parcels located along NW 39 Street. The parcel (39 NW 39 Street, Folio #: 0131240210550 ) on the north side of the NW 39 Street is vacant. The other two (2) parcels (40 NW Street, Folio #: 0131240210970 and 48 NW Street, Folio #: 0131240210980) located on the southside of NW 39 Street are single family dwelling units. According to the survey prepared by Cousins Surveyors & Associates, INC. the size of the proposed Property is approximately 15,000 Square Feet (0.34 acres). The applicant proposes changing the existing zoning designation from "73-L" Sub -Urban Transect Zone — Limited to "74-L" General Urban Transect Zone — Limited, see Figures 1 & 2. The Future Land Use Map is proposed to change from Single -Family Residential to Low Density Restricted Commercial. The Property is in "73-L" Sub -Urban Transect Zone — Limited abutting "74-L" General Urban Transect Zone — Limited, on the east side and '74-0" General Urban Transect Zone — Open toward south side. The applicant has voluntarily proffered a draft Covenant attached as Attachment B that proffers that "Notwithstanding the T4-L zoning on the Property, development on the Property shall be restricted to residential uses with a maximum density of two (2) dwelling units to be developed in accordance with the development standards for the T3-0 tansect zone as described in Miami 21" "This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof." DEMOGRAPHICS The Property is in 2020 US Census Track 12086002202, which is also referred to as Census Track 22.02. According to the Policy Map 5-Year Estimate (2016-2020), 4,725 people live across 1,892 households for an average household size of 3.35 people which is larger than the City of Miami's average household size of 2.5 people. The median household income of the area is approximately $41,971, which is $6,032 less than the citywide median household income. More than half (59.94%) of all housing units are owner occupied. This is almost double the percent of owner occupied housing units citywide, which is 30.37%. Additionally, Census Track 22.02 has less vacancy rate of the City of Miami. Below is a table highlighting the key socioeconomic and demographic characteristics of both Census Track 22.02 and City of Miami Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 3 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229c0058241 NOTICE mI, eobmidal needs m --headed m, a pbk heahng In accond—wM1h hmellnes set forth in the City & Miami CWe. The appliwde be -n-rnaXing bWy will rewewthe inbrmatiran at the pubc hearing to n,nde, e recommendation nr z final d.dd.,. PZ-22-13143 12/15/22 Topic Census Tract: 12086002202 City of Miami Population 4,725 442,241 Total Households 1,892 180,676 Average Household Size 3.35 2.50 Families in Poverty 17.12% 17.14% Home Ownership Rate 59.94% 30.37% Rental Occupancy Rate 40.06% 69.63% Vacant Rate 9.86% 13.62% Median Household Income $41,971 $48,003 Median Gross Rent $1,160 $1,242 E. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) The application requires a corresponding Future and Use Map (FLUM) amendment. Pursuant to the adopted Future Land Use Map (FLUM) of the MCNP, the Property is designated "Single - Family Residential", which allows a maximum Density of nine dwelling units per acre (9DU/AC) and is intended for single-family detached residential uses. Per the Correspondence Table — Zoning and Comprehensive Plan of the FLUM, the requested change of zoning from "73-L" Sub -Urban Transect Zone — Limited to "74-L" General Urban Transect Zone — Limited is inconsistent with the Property's existing Future Land Use (FLU); as such, a companion FLUM amendment from "Single -Family Residential" to "Low Density Restricted Commercial" is being processed concurrently under ePlan File ID No. PZ-22- 13142, see figure 3 & 4. The existing FLU is consistent with the existing zoning, and the proposed FLU is consistent with the proposed zoning. Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 4 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 J NW 40TH ST NW 39TH ST LowLow D Restricted ommercial s--•�Vit 3&TM-s• H G7 Figure 3 Existing FLUM 1 Figure 4 Proposed FLUM NOTICE mis eobrnidal needs m --headed m, a pbk heahng In accond—wM1h hmellnes set forth in the City & Miami CWe. The appliwde be -n-rnaXing bWy will rewewthe inbrmatiran at the pubc hearing to n,nde, e recommendation nr z final d.dd.,. PZ-22-13143 12/15/22 Miami 21 Code The Property is zoned "73-L" Sub -Urban Transect Zone — Limited. Supported development in this zoning designation is primarily intended for some Residential Uses by Right, with restricted Civic, Civic Support, and Educational Uses through the Warrant and Exception process. The Applicant proposes to rezone the Property to "74-L" General Urban Transect Zone- Limited. Under "74-L" General Urban Transect Zone- Limited, all the uses (except Work -Live uses) under the Residential Uses are permitted. While Commercial Uses are prohibited under "73-L" Sub -Urban Transect Zone — Limited, some Commercial Uses would be allowed by Right or Exception under "74-L" General Urban Transect Zone- Limited. Additionally, more Civic and Civic Support Uses would be allowed by Warrant or Right under"T4-L" General Urban Transect Zone- Limited where they are currently either prohibited or allowed by Exception or Warrant. Finally, the Education Uses are allowed by Exception under the existing "73-L" Sub -Urban Transect Zone — Limited and the proposed "74-L General Urban Transect Zone- Limited. Only two (2) types of Educational Uses would be allowed by Exception and Right in "74-L" General Urban Transect Zone- Limited that are prohibited under the existing "73-L" "73-L" Sub -Urban Transect Zone — Limited zoning Transect. Below are the excerpts from Article 4, Table 3 of the Miami 21 Code highlight the allowed uses and development standards that would change due to the proposed rezoning. Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 5 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 NOTICE mis eobmidal needs m --headed mr a pbk heahng In accond—wM1h hmelln, set forth in the City & Miami CWe. The appliwde be -n- naXing bWy will rewewthe inbrmatiran at the pubc hearing to n:ntler e recommendation nr z final d.dd.,. PZ-22-13143 12/15/22 TABLE 3 BUILDING FUNCTION: USES DENSITY (UNIT PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE 9 36 R R R R COMMUNITY RESIDENCE ANCILLARY UNIT R R TWO FAMILY RESIDENCE R MULTI FAMILY HOUSING R DORMITORY E HOME OFFICE R R LIVE - WORK R WORK - LIVE LODGING BED & BREAKFAST R INN HOTEL OFFICE OFFICE R COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB. - ADULT Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 6 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 NOTICE mis eobrnidal needs m --headed mr a pbk heahng In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwde dz-n- naXing bWy will rewewthe inbrmadran at the pubdc hearing to render e recommendation nr z final d.ddon. PZ-22-13143 12/15/22 T3 T4 FOOD SERVICE ESTABLISHMENT R ALCOHOL BEVERAGE SERVICE ESTAB. E GENERAL COMMERCIAL R MARINE RELATED COMMERCIAL ESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT AMUSEMENT RIDE CIVIC COMMUNITY FACILITY W RECREATIONAL FACILITY E R RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIC SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING E R W W W W W RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE / UNIVERSITY W W Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 7 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 NOTICE mI, eobrnidal needs m --headed m, a pbk heahng In accond—wM1h hmellnes set forth in the City & Miami CWe. The appliwde be -n-rnaXing bWy will rewewthe inbrmatiran at the pubc hearing to n,nde, e recommendation nr z final d.dd.,. PZ-22-13143 12/15/22 T3 T4 ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL E E E E E E E R RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTBL. MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL ESTBL. PRODUCTS AND SERVICES STORAGE/ DISTRIBUTION FACILITY In addition to the difference in uses, there are different standards for development between the two (2) transects. Article 5 of Miami 21 specifies the permissible standards for each Transect Zone with relation to Building Disposition, Building Configuration, Building Function and Density, Parking Standards, Architectural Standards, Landscape Standards, and Ambient Standards. Illustration 5.3 in Article 5 of Miami 21 specifies that Lot Coverage is restricted to 50% for the first floor, and 30% for the second floor in "73-L" "73-L" Sub -Urban Transect Zone — Limited. The Lot Coverage for "74-1- General Urban Transect Zone- Limited is 60%. F. NEIGHBORHOOD SERVICES Figure 5 shows the vacant parcel located at 39 NW 391" Street looking north on NW 391n Street. Figure 6 shows the dwelling unit located at 48 NW 391" Street. looking south on NW 391n Street. Figure 7 shows the dwelling unit located at 40 NW 391" Street. looking south on NW 391n Street. Figure 8 shows the street review on NW 391" Street. from West to East. Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 8 12/12/2022 DocuSign Envelope ID: 40EB1585-5E02-489E-AFDO-5229C0058241 Figure 7 NOTICE mis eobn,idal needs m --headed m, a pbk heahng In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwde dz-n- naXing bWy will rewewthe inbrmadran at the pubdc hearing to render e recommendation nr z final d.ddon. PZ-22-13143 12/15/22 Figure 6 Figure 8 Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 9 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 NOTICE mI, eobmidal needs m --headed m, a pbk healing In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwde dz-n-rnaXing bWy will rewewthe inbrmadran at the pubdc hearing to render e recommendation nr z final d.ddon. PZ-22-13143 12/15/22 G. FINDINGS 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 is considered and studied the request with regard to the three (3) 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 (f)(1)(a) "The relationship of of the proposed amendment of the goals, objectives, and polies 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 Criteria 1 Finding 1 The request to rezone from "73-L" Sub Urban Transect Zone - Limited to "T4-L" General Urban Transect Zone - Limited is inconsistent with the Property's existing Future Land Use designation; therefore, the Applicant is concurrently processing a companion FLUM Amendment from "Single Family Residential" to "Low Density Restricted Commercial" under ePlan File ID No. PZ-22-13142. The Property is located in an established residential neighborhood. The Property is surrounded by "73-L" Sub Urban Transect Zone- Limited and "Single Family Residential" Future Land Use designations (FLU) to the north and west. '74-0" General Urban Transect Zone - Open and "Low Density Restrict Commercial" Future Land Use designations (FLU) are abutting the south side of the Property. The east side of the property is "74-L" General Urban Transect Zone - Limited and Miami Design District Retail Street Special Area Plan (SAP). The Future Land Use designation (FLU) of the east portion of the abutting Property is "General Commercial" The Applicant intends to develop 2-unit residences on each parcel in the Property. The new uses that would be allowed by right under the proposed "74-L" General Urban Transect Zone- Limited zoning. The uses allowed under the proposed "74-L" General Urban Transect Zone- Limited are inconsistent; however, the proposed 2-unit residences are consistent with Policy LU-1.3.15 of the MCNP. Pursuant to Article 7, Section 7.1.2.8 (f)(1)(a) of Miami Code, the request to rezone is inconsistent with the goals, objectives, and policies of the Comprehensive Plan, Miami 21 Code. Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 10 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 Criteria 2 NOTICE mI, eobrnidal needs m --headed m, a pbk healing In accordance wM1h hmellnee set forth in the City & Miami CWe. The appliwde dz-n-rnaXing bWy will rewewthe inbrmadran at the pubdc hearing to render e recommendation nr z final d.ddon. PZ-22-13143 12/15/22 7.1.2.8 (f)(1)(b): "The need and justification for the proposed change, including changed or changing conditions that make the passage of the change necessary". Analysis of Criteria 2 Finding 2 Criteria 3 Housing costs in and around Miami have increased dramatically. The proposed plan will create the opportunity to develop 2-unit residences on each parcel of the Property. The Uses for the Property will be limited via a voluntarily proffered Covenant which are consistent with Policy LU-1.1.7. Applicant has voluntarily proffered a draft Covenant attached as Attachment summarized that the proffers that "Notwithstanding the T4-L" zoning on the Property, development on the Property shall be restricted to residential uses with a maximum density of two (2) dwelling units to be developed in accordance with the development standards for the T3-0 tansect zone as described in Miami 21" "This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof." Pursuant to Article 7, Section 7.1.2.8 (f)(1)(b) of Miami Code, the request to rezone is consistent with the goals, objectives, and policies of the Comprehensive Plan, Miami 21 Code. Section 7.1.2.8 (f)(2) "A change may be made only to the net intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhood and to provide transition in intensity and Building Height." Analysis of Criteria 3 Under Article 7, Section 7.1.2.8.a. of Miami 21, "These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 11 12/12/2022 DocuSign Envelope ID: 40EB1585-5EO2-489E-AFDO-5229CO058241 Finding 3 NOTICE mI, eobmidal needs m —Ih.&wd m, a pbk heahng In accordance wM1h hmellnes set forth in the City & Miami CWe. The appliwde be -n-rnaXing bWy will rewewthe inbrmatiran at the pubc hearing to render e recommendation nr z final d.dd., PZ-22-13143 12/15/22 to the next higher Transect Zone, or through Special Area Plan." The Property is currently zoned "73-L" Sub -Urban Transect Zone — Limited. The Applicant has proposed to change the zoning to "74-L" General Urban Transect Zone- Limited. The Property is surrounded by properties currently zoned "73-L" Sub Urban Transect Zone - Limited, "74-L" General Urban Transect Zone - Limited and "74- 0" General Urban Transect Zone - Open. While changing "73-L" Sub Urban Transect Zone - Limited to "74-L" General Urban Transect Zone - Limited provides an appropriate buffer and transition between "73-L" Sub Urban Transect Zone- Limited transect zone to the north and west of the Property it allows commercial uses to encroach on a residential neighborhood. Thus, not preserving the character of the neighborhood. The applicant could achieve their desired results for two (2) dwelling units per lot through 7-30" Sub Urban Transect Zone — Open. 7-30" Sub Urban Transect — Open would be successional and allow the preservation of the neighborhood. In accordance with Article 7, Section 7.1.2.8.(f)(2) of Miami 21 Code, the requested change is zoning is inconsistent. H. CONCLUSION Based on Planning staffs analysis of the surrounding context, the Miami 21 Code, and the goals and objectives of Miami 21 and the Miami Comprehensive Neighborhood Plan, the request to rezone from the Property from "73-L" to "74-L" is justified; however, fails to preserve the residential form and character of the neighborhood. 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 denial of the requested change of zoning from "73-L" Sub -Urban Transect Zone - Limited to "74-L" General Urban Transect Zone — Limited with a voluntarily proffered Covenant; and, alternatively recommends approval of'73-0" Sub Urban Transect Zone - Open Docu5igned by: ice, _ 7F35EEFOC60349F... Lakisha HUII, AICP, LEED AP BD+C Planning Director Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 12 12/12/2022 DocuSign Envelope ID: 40EB1585-5E02-489E-AFDO-5229C0058241 DocuSigned by: 3A75CAC5AF7E446... _ Sevanne Steiner, CNU-A Assistant Director EDocuSigned by: �t,ae�.at tt�) u�D7991 CCFFD4 Zhaokai Liu Planner II �/ ..411Y flpd NOTICE This su bmMal —& b . s,he& ed br a pubk nearing in ccondance with timelines set forth in the City o Miami CW,.7he applicade decision -making body will rewew the intonnalion at the public Meaning to render a recommendation on a flnM dec.idon. PZ-22-13143 12/15/22 AJ Staff Analysis Report No. ePlanPZ No. PZ-22-13143 39 NW 39 ST— Page 13 12/12/2022 yt,t r MIAM 121 ATLAS (EXISTING) .(NOTICE EPLAN ID: PZ-22-13143 OTICE ds to be echetlu�d bra p0k hexhng REZ+ONE khtlmehnessetio hik,.gb yn!appliwde tlecision-making bWywill alion at the publ, hearing to render a en,afinal deciaADDRESSES: 39,40, & 48 NW 39 ST Z-22-13143 12/16/22 125 250 500 Feet M IAM 121 ATLAS (PROPOSED) EPLAN ID: PZ-22-13143 ADDRESSES: 39, 40, & 48 NW 39 ST 125 250 500 Feet w.0 O"N eva NOTICE i i submittal needsto be. sah.dWed for a pob-hearing a:orda— with timelines set forth in the city of Miami Code. The appk.de decision --king bodywill renew bie infomnation at the p0l, hearing to render a mcommentlalion ar a final deciaon. PZ-22-13143 12/16/22 �[ t,�f r�AERIAL +C o' k y VEPLAN I©: PZ-22-13143OTICEam L �a�netl��e mr a Pebu� nearingREZUNE n tlrnelin se in hinthe City ofapplicade dxision-making body will ,at the pub4c hearing to rendersentlalion or a final eeciaon.ADDRESSES: 39, 40, & 48 NW 39 ST -22-13143 12/16/22 0 125 250 500 Feet