Loading...
HomeMy WebLinkAboutAnalysis and MapsThis submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body NOR rodew the information at the pubc hearing to render a recommendation or a final decla on. PZ-23-15998 02/15/24 City of Miami Planning Department ANALYSIS FOR REZONE Staff Analysis Report No. PZ-23-15998 Addresses 1300 Northwest 38 Street, 1317 Northwest 37 Street Folios 01-3123-037-5000, 01-3123-037-5080 Area 25,500 sq. ft., (0.585 ac) Commission District District 1 - Miguel Angel Gabela Commissioner District Office Allapattah Existing Miami 21 Designation "T3-O" Suburban Transect Zone — Open Proposed Miami 21 Designation "T4-L" General Urban Transect Zone — Limited Planner Maxwell Utter, Planner II; mutter@miamigov.com Property Owner STW Real Estate LLC Project Representative Robert De La Fuente, Esquire. Bdelafuente@lehtinen-Schultz.com Recommendation Denial A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21 Code"), as amended, Robert De La Fuente, Esquire, on behalf of STW Real Estate LLC (the "Applicant") is requesting to change the zoning classification from "T3-O" Sub -Urban Transect Zone - Open to "T4-L" General Urban Transect Zone — Limited, for the property generally located at 1300 Northwest 38 Street and 1317 Northwest 37 Street (collectively the "Property") Miami, Florida. Concurrently, the Applicant is requesting a change to the Miami Comprehensive Neighborhood Plan's (MCNP) Future Land Use (FLU) designation, as a companion item (PZ-23-15999). The companion application seeks to change the Property's FLU designation from Duplex Residential to Low Density Restricted Commercial, see Table 1. Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 1 of 11 2/13/2024 This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The applicade decision -making body NOR review the information at the public hearing to render a recommendation or a final decision. Address Folio Area Existing Zoning Proposed Zoning 1300 01-3123-037- 7,500 sq. ft. (0.172 T3-O T4-L Northwest 38 5000 ac) Street 1317 01-3123-037- 18,000 sq. ft. T3-O T4-L Northwest 37 5080 (0.413 ac) Street 25,500 sq. ft. (0.585 ac) Table 1: Properties — Property information, and Zoning (Existing and Proposed) B. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8.d.1 of Ordinance 13114 ("Miami 21"), as amended, the Planning Department recommends "Denial" of the request, based on the facts and findings in this analysis. C. BACKGROUND Property History Under 11000 Zoning Ordinance, the Property was zoned "R-2" Two -Family Residential. Upon the adoption of Miami 21, the Property was rezoned to "T3-O" Sub — Urban Transect Zone — Open and FLU designation of "Duplex Residential. Site Location The Property directly fronts Northwest 13 Avenue and Northwest 37 Street. The Property abuts the northwest corner of Northwest 37th Street and Northwest 13 Avenue and consists of two (2) parcels with an approximate area of 25,585 sq. ft. (0.585 acres). The aerial image below shows the site, outlined in red, and the immediately surrounding context. Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 2 of 11 2/13/2024 ,�o Quetrcy\ �4° `11Y f1p� .13 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 pabge hearing to render a recommendation or a final decision. J, PZ-23-15998 44, 02/15/24 <t Figure 1: Aerial of subject site (red outline) Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 3 of 11 2/13/2024 This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde.The apptica de decision -making bodywill rewew the information at the public hearing to render a recommendation or a final decision. Adjacent Properties and their associated Land Use designations, Transect Zones, and Existing Uses Miami 21 MCNP / Density Existing Use(s) North T3-O Duplex Residential Single Family Residential South T5-L Restricted Commercial Office Building East T3-O Duplex Residential Single Family Residential, Multifamily Housing West T3-O Duplex Residential Duplex Residential, Single Family Residential Table 2: Surrounding Uses Neighborhood Context and Sociodemographics The Applicant's Properties are located within the 2020 United States Census Tract "12086002502" (the "Census Tract"). Staff reviewed the following socioeconomic indicators/variables (Population, Households, Average Household Size, Families in Poverty, Owner -Occupied Housing, Renter -Occupied Housing, Vacant Housing, Median Family Income, and Median Gross Rent) to understand the differences between this Census Tract and the City of Miami. The one sociodemographic indicator that is noteworthy deals with Housing: Owner - Occupied Housing is 31.88% (410 units) versus Renter -Occupied Housing is 64.23% (826 units), with a ratio of Renters to Owners being approximately 2.10 (826/410). Topic — United States 2020 Census Census Tract 25.02 City of Miami Population 5,059 442,241 Households 1,281 180,676 Average Household Size 3.9 2.5 Families in Poverty 37.71% 17.14% Owner -Occupied Housing 31.88% 30.37% Renter -Occupied Housing 64.23% 69.63% Vacant Housing 3.49% 13.62% Median Family Income $32,348 $48,003 Median Gross Rent $1,062 $1,242 Table 3: Source: U.S. Census Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 4 of 11 2/13/2024 This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde.The appticd de decision -making bodywill rewew the information at the public hearing to render a recommendation or a final decision. D. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) The Property currently has an underlying FLU designation of "Duplex Residential," which is defined in the MCNP as Areas designated as "Duplex Residential" allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol, or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). The Applicant is proposing to change the existing underlying FLU designation to "Low Density Restricted Commercial," which is defined in the MCNP as "Areas designated "Low Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 5 of 11 2/13/2024 4 0 P u I.. '-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 pabge hearing to render a recommendation or a final decision. PZ-23-15998 02/15/24 44, i Ew CO ' The nonresidential portions of developments within areas designated as "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property." Miami 21 Code The Applicant is requesting to change the Property's existing, underlying Transect Zone from "T3-O" Sub -Urban Transect Zone — Open to "T4-L" General Urban Transect Zone — Limited. The proposed change in zoning classification results in 36 du/acre and additional Uses. T3-0 T3-0 III •r0i0110_T6 &-0. T3-0 T4-t TS-L' •fii i:iX T6 3-0 Figure 2: Miami 21 Transect Zone (Existing) Figure 3: Miami 21 Transect Zone (Existing) Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 6 of 11 2/13/2024 4 0 PU$I../ 411 G 0 4- a. BUILDING FUNCTION: USES T3-O T4-L RESIDENTIAL ANCILLARY UNIT R MULTI FAMILY HOUSING R DORMITORY E LODGING BED & BREAKFAST R OFFICE OFFICE R COMMERCIAL FOOD SERVICE ESTABLISHMENT R ALCOHOL BEVERAGE SERVICE ESTAB. E GENERAL COMMERCIAL R CIVIC COMMUNITY FACILITY W CIVIC SUPPORT COMMUNITY SUPPORT FACILITY W MARINA W PUBLIC PARKING W TRANSIT FACILITIES W EDUCATIONAL CHILDCARE W LEARNING CENTER E RESEARCH FACILITY R NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the pabge hearing to render a recommendation or a final decision. PZ-23-15998 02/15/24 44, ReVI EW CO ' Table 3: Excerpt of Article 4, Table 3 of Miami 21, a comparison of Uses between the "T3-O" and "T4-L"zoning classifications. E. FINDINGS Criteria 1: Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8(f.)(1.)(a.): "The relationship of the proposed amendment to the goals, objectives, and policies of the [MCNP], with appropriate consideration as to whether the proposed change will further the goals, objectives, and policies of the [MCNP]; the Miami 21 Code; and other city regulations." Analysis 1: Per the Correspondence Table in the MCNP, the proposed change in zoning classification requires a proposed change in Future Land Use from Duplex Residential to Low Density Restricted Commercial. The compliance of the proposed Future Land Use change was evaluated in the companion item PZ-23-15999, which found that the proposed change would Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 7 of 11 2/13/2024 Pueo 4\ V© `11Y f1p,f 0 4- NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. 44, ''VIEW CO PZ-23-15998 02/15/24 create an encroachment of incompatible Uses with the Uses to the north, east, and west of the Property. As such, staff recommended denial of the proposed FLUM Amendment and thus the application to rezone would create an inconsistency in the FLUM. Finding 1: The proposed change in zoning classification is inconsistent with the MCNP and Miami 21. Criteria 2: Pursuant to Miami 21 Code, Article 7, Section 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 proposed change necessary." Analysis 2: Ordinance 13216, passed during the October 28, 2010 City Commission meeting, rezoned parcels along Northwest 17 Avenue and Northwest 33 Street. This rezone was the only rezone within % mile of the Property since the adoption of Miami 21. Therefore, the overall zoning classification changes in the area are minimal and are not sufficient to justify the proposed change. However, even though the proposed change in zoning classification cannot be justified by similar changes in zoning classifications near the Property, there is development happening nearby. There have been new residential developments since the adoption of Miami 21 that abut Duplex Residential parcels such as at 1370 and 1555 Northwest 36 Street. However, those developments only abut Duplex Residential parcels on one side. For that reason, the Project would lead to abnormal encroachment of incompatible land uses. Finding 2: Inconsistent Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 8 of 11 2/13/2024 4 PUBl.i Property Rezoned Nat Rezoned 11 1 11] 1111; 11111111111111111111l Figure 4: Rezone History NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the pabge hearing to render a recommendation or a final decision. PZ-23-15998 02/15/24 44, V RSVI EW CO ' 111111111■ 1111111111M 9111l11101l il1i1111 III 1111111111■ .111:111 "7N 21■111■ :11111■ Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 9 of 11 2/13/2024 4 PUeo NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. PZ-23-15998 02/15/24 44, ''VIEW CO Criteria 3: Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8(f)(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." Analysis 3: Per the development standards, the main differences between "T3-O" Sub - Urban Transect Zone — Open and "T4-L" General Urban Transect Zone — Limited are Density and Height, with "T4-L" General Urban Transect Zone — Limited zoned properties allowing twice the density and one (1) more story of Height than "T3-O" Sub - Urban Transect Zone — Open properties. Changing the zoning classification to "T4-L" General Urban Transect Zone — Limited would create a transition in Intensity that would not fit existing Neighborhood character due to both the increased allowable Uses and increased residential development density. The Uses shown previously in Table 3 have a significantly higher intensity than those allowed in a "T3-O" Sub - Urban Transect Zone — Open zoning classification. Specifically, General Commercial, Alcohol Service Establishment, Public Parking, and Community Support Facilities would not be compatible with the intensity of Uses along Northwest 38 Street and Northwest 39 Street. Building Height would generally be compatible as only one (1) additional story is permitted, which would be an appropriate transition. Current Zoning Proposed Zoning Development Standard T3-O Suburban Transect Zone — Open T4-L Urban Core Transect Zone — Limited Density 18 36 Lot Coverage 50% max 60% max FLR None None Height 2 Stories Max 3 Stories Max Open Space 25% min 15% min Frontage at front setback N/A 60% Lot Area 5,000 sq. ft. min 5,000 — 20,000 sq. ft. Building Setback (Front) 20 ft. min 10 ft. min Building Setback (Rear) 20 ft. min 20 ft. min Table 4: Excerpt from Illustration 5.3 Suburban Transect Zone and Illustration 5.4 General Urban Transect Zone, showing the difference in development standards between "T3-O" and T4-L" zoning classifications. Finding 3: Inconsistent Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 10 of 11 2/13/2024 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-23-15998 02/15/24 F. CONCLUSION Due to the inconsistency of the proposed change in zoning classification from T3-O" Sub -Urban Transect Zone - Open to "T4-L" General Urban Transect Zone — Limited the Planning Department recommends "Denial" based on the findings in the staff report. DocuSigned by: S.VWWAl, / � Af� 77D014848CA84B6... David Snow Interim Planning Director ,-DocuSigned by: Swtaun AL Sk itAkrr `-3A75CAC5AF7E446... Sevanne Steiner CNU-A, Assistant Planning Director �DocuSigned by: d1/1 a wt,(,(, (Nu' `—��finsnn�757�427 Maxwell Utter, Planner II Land Development Staff Analysis Report No. PZ-23-15998: 1300 NW 38th Street -RE-Zoning Application — Page 11 of 11 2/13/2024 AERIAL EPLAN ID: PZ-23-15999 COMPREHENSIVE PLAN AMENDMENT ADDRESS(ES) : 1300 NW 38 ST, 1317 NW 37 ST 0 125 250 500 Feet This submittal needs to be schedu Led for a public hearing in accordance with timelines set forth in the City of Miami Code. The applica de decision -making body will renew the inforrnation at the public hearing to render a recommendation or a final decig on. PZ-23-15998 02/15/24 MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-23-15998 REZONE ADDRESS(ES) : 1300 NW 38 ST, 1317 NW 37 ST 0 125 250 NW 13TH PL 500 Feet i I NW 39TH ST NW 38TH ST T3-0 NW 37TH ST T5-L This submittal needs to be schedted for a public hearing in accordance with timelines set forth in the City of Miami Code. The applica de decision -making body wiIL renew the inforrnation at the public hearing to render recommendation or a finaldecia on. PZ-23-15998 02/15/24 NW 36TH ST T6 8 O c— M z N MIAMI 21 ATLAS (PROPOSED) EPLAN ID: PZ-23-15998 REZONE ADDRESS(ES) : 1300 NW 38 ST, 1317 NW 37 ST 0 125 250 1 NW 13TH PL 500 Feet i I NW 39TH ST NW 38TH ST 2i z'I NW 37TH ST This submittal needs to be schedted for a public hearing in accordance with timelines set forth in the City of Miami Code. The applica de decision -making body % iIL renew the information at the public hearing to render a recommendation or a finaldecia on. ( NW 36TH ST i T6-8-O co M Z PZ-23-15998 02/15/24 N