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Home My WebLink AboutAnalysis and Maps City of Miami Planning Department Division of Land Development ANALYSIS FOR REZONING PZAB File ID No. 3609 Applicant(s): Alan I.Amdur, individually as the Attorney-in-Fact for the owners of the properties described herein and as Manager of Riverwest Miami, LLC, a Delaware limited liability company, the contract purchaser of the properties described. Approximately 824, 826, 834, 842, 852, 860, 868, and 876 Location: NW 1 Street, and 29 NW 9 Avenue, Miami, FL 33128 Commission District District 3 – Commissioner Joe Carollo Net District Office: Little Havana NET PLANNER: Sergio Garrido, Planner II A. GENERAL INFORMATION, REQUEST, AND BACKGROUND: APPLICANT: The Applicant is the contract purchaser and otherwise serves as the duly authorized representative of the Subject Properties pursuant to the Power of Attorney affidavits provided as part of the application. REQUEST FOR REZONING: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a rezoning of the properties located at approximately 824, 826, 834, 842, 852, 860, 868, and 876 NW 1 St., and 29 NW 9 Ave. (the “subject properties”), from T5-O “Urban Center Transect Zone-Open” to “T6-8-O Urban Core Transect Zone-Open” as depicted in “Table 1: FLU amendment and rezoning request”. SUBJECT PROPERTIES: The subject properties are comprised of nine contiguous parcels within the Little Havana NET area. The properties are located on the northern row of the city block bounded, by NW 1 Street to the north, NW Illustration 1: Subject properties 8 Avenue to the east, W Flagler Street to the south, and NW 9 Avenue to the west. The complete legal description of the subject properties is on file with the Hearing Boards Office, and also attached hereby for reference as Exhibit A. Illustration 1 shows an aerial view of the subject properties in context of the city block where they are located. City of Miami Planning Department Division of Land Development BACKGROUNDʹ Under Zoning Ordinance 11000 the subject properties were zoned R-3 “Multifamily-Family Residential”, subsequently. On April 2010, upon adoption of Miami 21 Code, the subject properties were rezoned to T4-R “General-Urban Transect Zone”. On January 25, 2018, pursuant to Ordinance 13738 the City of Miami City Commission adopted the rezone of the subject properties from “T4-R” to “T5-O” Urban Center –Open- Transect Zone, accepting a voluntarily proffered covenant, and granted a waiver for the 18 month waiting period for successive rezoning, therefore this new rezoning application is not limited by this concept. Illustration 2: Rezoning request Current zoning designationProposed zoning designation B. COMPREHENSIVE PLAN: The subject properties proposed to be rezoned from T5-O to T6-8-O have a Future Land Use designation of Medium Density Restricted Commercial, which is inconsistent with the proposed zoning classification. In consequence the companion item (File ID No. 3608) is requesting a Future Land Use Map amendment by changing the Future Land Use designation of the subject properties from Medium Density Restricted Commercial to Restricted Commercial. Illustration 3, page 3, shows the subject properties with the current Future Land Use (FLU) designation, as well as the requested change to match with the requested Transect Zone. Table 1: “Future Land Use (FLU) amendment and rezoning request” show the requests on both applications, as well as the lot size of the subject properties. File ID#:3609 Page2 of 7 City of Miami Planning Department Division of Land Development Illustration 3: Current Future Land Use (FLU) change request Current FLU designationProposed FLU designation Table 1: Future Land Use (FLU) amendment and rezoning request Area FLU designation Zoning classification Folio Address Sq ft Current Request Current Proposed 1 0141380033070 824 NW 1 St 7,500 2 0141380033080 826 NW 1 St 7,500 3 0141380033090 834 NW 1 St 7,500 4 0141380033100 842 NW 1 St 7,500 Medium DensityRestricted 5 0141380033110 852 NW 1 St 7,500 T5-O T6-8-O RestrictedCommercial Commercial 6 0141380033120 860 NW 1 St 7,500 7 0141380033130 868 NW 1 St 5,000 8 0141380033140 29 NW 9 Ave 5,000 9 0141380033150 876 NW 1 St 5,000 60,000 sq.ft =1.38 ±acre Total C. ANALYSIS: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting the rezoning of the properties located at approximately 824, 826, 834, 842, 852, 860, 868, and 876 NW 1 St, and 29 NW 9 Ave., from T5-O “Urban Center Transect Zone-Open” to T6-8-O “Urban Core Transect Zone-Open.” File ID#:3609 Page3 of 7 City of Miami Planning Department Division of Land Development As shown in Illustration 4, the applicant is in control of 20 out of 21 parcels of the city block where the subject properties are located. Illustration 4: Properties in control of the applicant The T6-8-O Transect Zone requested allows for similar Uses than T5-O, with higher density, height and development capacity. The only difference is provided by the possibility to create a “Regional Activity Complex” which is not contemplated by the applicant. Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code T5-OT6-8-O Density (Units per acre) 65 150 Civic Community Facility W W Recreational Facility R R Religious Facility R R Regional Activity Complex E In addition to the increases in height, development capacity, and FLR and height bonuses provided by T6-8-O in comparison to T5-O, as shown in Table 3, some other design and density benefits can be obtained by qualifying the project as Affordable and/or Senior Housing, and Workforce Housing, as defined and limited by Section 1.2, Article 1 of the Miami 21 Zoning Code. File ID#:3609 Page4 of 7 City of Miami Planning Department Division of Land Development Table 3: Excerpt of Article 4, Table 2: Miami 21 Summary * Or as modified in Diagram 9 ** Note: Refer to Article 5 for Specific Transect Zone Regulations *** Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to Article 3) The additional benefits mentioned, may be granted for the intended development given the applicant has voluntarily proffered a Declaration of Restrictive Covenants (DORC) providing that the residential Use of the project to be developed shall be restricted and limited for use as Affordable and/or Senior Housing, and Workforce Housing, as defined and limited by Section 1.2, Article 1 of the Miami 21 Zoning Code, as amended, and by any successor Zoning Ordinance of the City, as applicable. File ID#:3609 Page5 of 7 City of Miami Planning Department Division of Land Development The final magnitude of the benefits will be determined and measured only with a fine tuned development proposal. The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria #1: Zoning changes may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in density, and building heights. Analysis #1: The rezoning requests from T5-O to T6-8-O is considered successional to the next higher Transect Zone. Finding #1: The requests comply with the Code requirement to apply for a rezoning. Criteria #2: Pursuant to Miami 21 Code, Sec. 7.1.2.8 (c) (1): “Except where the proposal for the rezoning of property involves an extension of an existing 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 (200) feet of street Frontage on one (1) street”. The application for the proposed rezoning complies with two of the lot size Analysis #2: criteria for rezoning required by Miami 21 Code. The request involves more than forty thousand (40,000) square feet of land area and provides for more than two hundred (200) feet of street Frontage on one (1) street. Finding #2: The rezoning requests as presented comply with the Code requirement to apply for a rezoning. Miami 21 Code intent: Transitional Density, intensity and Uses, impact on Criteria #3: surrounding areas. Sec. 2.1.2 (a)(2): Improving the relationship between low Density Residential neighborhoods and adjacent Commercial Corridors with appropriate transitions of Density and Height following the theory of the Transect. Analysis #3: The current zoning designation provides a transition south to north, and east to west going from T6-12-O (150 DU/acre) to T5-O (65 DU/acre) to T4-R (36 DU/acre). The proposed rezoning will eliminate the transition in density, File ID#:3609 Page6 of 7 AERIAL FILE ID: 3609 REZONE NW 2ND ST SW 1ST ST Miami-Dade County ITD ADDRESSES: 824, 826, 834, 842, 852, 860, 868, 876 NW 1 ST AND 29 NW 9 AV 0137.5275550Feet MIAMI 21 (EXISTING) FILE ID: 3609 REZONE CS NW 2ND ST T6-8-OT6-8-R T4-R T6-12-O T5-O T6-12-O Transit Corridor Buffer Transit Corridors SW 1ST ST CI ADDRESSES: 824, 826, 834, 842, 852, 860, 868, 876 NW 1 ST AND 29 NW 9 AV 0125250500Feet MIAMI 21 (PROPOSED) FILE ID: 3609 REZONE CS NW 2ND ST T6-8-OT6-8-R T4-R T6-12-O T6-8-O T6-12-O Transit Corridor Buffer Transit Corridors SW 1ST ST CI ADDRESSES: 824, 826, 834, 842, 852, 860, 868, 876 NW 1 ST AND 29 NW 9 AV 0125250500Feet