The URL can be used to link to this page

Home My WebLink AboutAnalysisCity of Miami Planning Department This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body NOR rodew the information at the pubdc hearing to render a recommendation or a final decision. PZ-23-1 7429 12/28/23 ANALYSIS FOR SPECIAL APPEARANCE Staff Analysis Report No. PZ-23-17429 Location 43 Northeast 53 Street 40 and 50 Northeast 54 Street Folio Number 01-3124-010-0150, 01-3124-010-0060 01-312-40100-050 Miami 21 Transect "T5-O" Urban Center Transect Zone - Open MCNP Designation Restricted Commercial Commission District 5 — Christine King Commissioner District Office Little Haiti Planner Zhaokai (Kyle) Liu Planner II zliu@miamigov.com Property Owner Robert Vecsler, on behalf of 53rd Street Apartments LPC/O Omni America LLC Project Representative Alfredo L. Gonzales, Esq. A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, Alfredo L. Gonzales, Esquire, on behalf of 53rd Street Apartments LPC/O Omni America LLC (the "Applicant") requests to waive the time limits pursuant to Article 7, Section 7.1.2.8(g).7 to eliminate the required 18 month period between petitions for a change in the zoning classification of the parcels generally located at 50 50 Northeast 54 Street, 40 Northeast 54 Street, and 43 Northeast 53 Street., Miami, Florida, collectively, the ("Property"). The subject site contains 0.98 acre. The existing zoning is "T5-O" Urban Center Transect Zone — Open and the existing FLUM is Restricted Commercial. PZ-23-16020 50 NE 54 St— Page 1 12/28/2023 This submittal needs to be scheduled for a pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body will review the information al the pubc hearing to render a recommendation or a final decision. PZ-23-17429 12/28/23 B. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Miami 21, as amended, the Planning Department recommends Denial eliminate the required 18-month period between petitions for a change in the zoning classifications based upon the facts and findings in this staff report. C. BACKGROUND Property Information According to the formal 11000 Zoning code, the Property is zoned in "C-1" Restricted Commercial and "R-2" Two -Family Residential. The intend for "R-2" is to allow the construction of up to a two - unit residential structure (either attached or detached) on a typical lot. The typical lot size has minimum dimensions of fifty (50) feet of frontage by one hundred (100) feet of depth. This category allows a maximum density of eighteen (18) units per net acre or approximately 2,500 square feet per unit. The intent for "C-1" is allows structures used as any type of residential facility except for rescue missions, to a maximum density equivalent to "R-4", subject to the same limiting conditions; any activity included in the office designation, commercial marinas and living quarters on vessels with specific limitations, and mixed -use or commercial activities which generally serve the daily retailing and service needs of the public, typically requiring easy access by pedestrians and private automobiles. This category is located preferably in areas directly served by arterial or collector roadways, or directly accessible via mass transportation system. The intent for "R-4" Multifamily High -Density Residential" is to allows single-family, duplex and multifamily structures up to and including high-rise apartment structures with a maximum density of one hundred fifty (150) units per net acre. According to Miami Comprehensive Neighborhood Plan (MCNP), the intent for Restricted Commercial is to allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions. The intent of "High Density Multifamily Residential" is to allow residential structures to a maximum density of 150 dwelling units per acre, and maximum residential density The Property consists of three (3) parcels located along Northeast 54 Street and Northeast 53 Street and per the survey prepared by Biscayne Engineering certifies that the size of the three (3) is approximately 42,750 Square Feet (0.98 acres) see Figure 1. PZ-23-17429 50 NE 54 St— Page 2 12/18/2023 Figure 1: Aerial Photo of Subject Site (red outline) PU$L/ 6,4(11 G 9'p Q NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-23-17429 12/28/23 9�ReV1 C CO' PZ-23-17429 50 NE 54 St- Page 3 12/18/2023 ,co Quel.rch�1 4 `«0 f1p 4 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the public hearing to render a recommendation or a final decision. J, PZ-23-17429 44, 12/28/23 <C �►�9-4-V/ Ew CO Adjacent Properties and their associated Land Use designations, Transect Zones, and Existing Uses SURROUNDING USES Miami 21 MCNP / Density Existing Use North T5-O Restricted Commercial 150 du/ac Commercial South T5-O Major Institutional, Public Facilities, transportation and Utilities 150 du/ac Hospital East T5-O and T4-O Restricted Commercial 150 du/ac Low Density Restricted Commercial 36 du/ac Commercial Vacant West T5-O and T4-R Low Density Multifamily Residential 36 du/ac Restricted Commercial 150 du/ac Commercial Residential Table 1: Surrounding Uses PZ-23-17429 50 NE 54 St— Page 4 12/18/2023 �. T4-Fki NE raSTH ST NE E.17d ST H..y S.,RD w1':1 !r<<10 T3-L 1- Figure 2: Miami 21 Transect Zone (Existing) Proposed Project This submittal needs to be scheduled for a pubic hearing accordancein with timelines set forth in the city of MiamCode.The applica de decision -making body NOR renew the Information at the public hearing to render a recommendation or a final decision. T6-8-O inr i'9ow ,h agI tf ysktn SAF The Applicant seeks to improve the Property with a mixed -use Residential Multifamily development that provide sufficient buffers to the established neighborhood while providing a mix of uses and new housing in a Commercial intensive area. As a part of the project, the Applicant has proffered a Covenant stating that 10% of all units will be "Workforce Housing" and will be rented at 100% of Area Median Income. PZ-23-17429 50 NE 54 St— Page 5 12/18/2023 4 PU$// 411 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-23-17429 12/28/23 44, REV! Ew CO D. ANALYSIS The following is a review of the request for waiver of time limits pursuant to Article 7, Section 7.1.2.8(g).7 of the Miami 21 Code to eliminate the required 18-month period between petitions for a change in the zoning classification for the Property. Criteria: Waiver of time limits. The time limits set forth in this subsection g. may be waived by a vote of at least three (3) members of the City Commission when such action is deemed necessary to prevent injustice or to facilitate development of the city in the context of the adopted Comprehensive Plan, or any portion thereof. Analysis: Based on the Project's Background, including it's zoning classification under 11000 Zoning Code and it's Comprehensive Plan designation, the current Project does not present a case of injustice. The project's planning and execution align with the established guidelines and regulations of the city's Comprehensive Plan. The project's progression adheres to the prescribed timelines and procedural norms, upholding the Intent and Guiding Principles of Miami 21. Finding: There is no injustice. Criteria: Policy TR-2.1.3: "The City will encourage increased density of development within walking distance of transit corridors and Metrorail stations (as referenced in Policy LU-1.1.10. and HO- 1.1.9)." Analysis: The presence of five (5) bus stops within a 500-foot radius of the Property not only designates it as a transit corridor but also presents significant advantages for urban planning and community development. However, the Property was rezoned to "T5-O" Urban Center Transect Zone — Open in September 2023, aligning it with the surrounding zoning and effectively meeting the above criteria. This zoning classification already supports the objectives of enhancing density near transit corridors and Metrorail stations, as outlined in Policy TR-2.1.3. However, proposing a rezone to a higher transit zone of "T6-8-O" Urban Core Transect Zone — Open would be inconsistent with the above criteria. The "T5-O" Urban Center Transect Zone — Open designation adequately accommodates the desired density and mixed -use development, promoting efficient land use and accessibility near transit hubs. Escalating to a "T6-8-O" Urban Core Transect Zone — Open zone could lead to an imbalance in the area's development scale, potentially disrupting the existing neighborhood character and undermining the strategic objectives of sustainable, transit -oriented development. Therefore, maintaining the "T5-O" Urban Center Transect Zone — Open zoning is more in line with both the city's policies and the practical considerations of urban planning in this area. Finding: Inconsistent PZ-23-17429 50 NE 54 St— Page 6 12/18/2023 4 PU$// '-N to 411 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-23-17429 12/28/23 44, RSV! Ew COY Q Criteria: Policy LU-1.1.3: "The City's zoning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses...strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations." Analysis: The request to waive the 18-month time limits denotes the applicant's desire to rezone the Property, thus increasing the intensity, density and height while aiming to create a more dynamic urban landscape. This raises concerns about potential encroachment into the surrounding neighborhood. The strategic location of the property, nestled between restricted commercial land to the north and a public facility to the south, initially appears to offer a unique advantage in urban development. However, the higher density and intensity in the area would be the first in the area. When compared to its surrounding lower transect zones might lead to challenges in maintaining the integrity and calmness of nearby residential areas. It is important to consider that the increase in density and building height ideally start at the intersection of the street rather than in the middle of the neighborhood. This approach allows for a gradual transition in urban density, creating a more balanced and visually appealing streetsape. Finding: Inconsistent Criteria: Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. Analysis: Developing lots near street intersections on the main street is strategically more beneficial compared to the middle of the street, considering the goals of enhancing neighborhood quality, redevelopment in the declining areas, and promoting economic growth. Intersections offer higher visibility and accessibility, making them prime spots for development that can serve as community hubs, therefore improving quality of life. The higher foot traffic near street intersections promotes economic development and job creation more effectively than developments in less prominent middle street locations. Finding: Inconsistent PZ-23-17429 50 NE 54 St— Page 7 12/18/2023 NOTICE This submittal needs to be scheduled for a public hearing in accordance with bmellnes set forth in the City of Miami Code.The applica de decision -making body will review Ure intonnaion at the pubc hearing to render a recommendation or a final decision. PZ-23-17429 12/28/23 The Planning Department recommends denial of the Applicant's request for a waiver of time limits based on the analysis and findings of this report. �DocuSigned by: St��aan �n S'f itn,t r `-3A75CAC5AF7E446... David Snow Interim Planning Director DocuSigned by: G\A- S'futn tx 3A75CAC5AF7E446... Sevanne Steiner, CNU-A Assistant Director ,-DocuSigned by: .O at 6-11(.0 �w `— D7991 CCFF0424A9... Zhaokai (Kyle) Liu Planner II PZ-23-17429 50 NE 54 St— Page 8 12/18/2023