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Home My WebLink AboutAnalysis & Mapss % City of Miami 0',' "'"1 p„" * Planning and Zoning Department �,41Na Division of Land Development Applicant(s): Location: Commission District Net District Office: Planner: ANALYSIS FOR REZONING PZAB File ID No. 2636 141h Street Development, LLC (the "Applicant") Approximately 1441, 1445,1455 N. Miami Avenue, 25 and 1412, NE 14 Street; and 31, 1418, 1428 and1432 NE Miami Court, Miami, Florida 33132 District 2 — Commissioner Ken Russell Downtown/Brickell NET Antonio E. Perez A. GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the "Applicant" is requesting a Rezoning for the properties located at approximately1441, 1445,1455 N. Miami Avenue, 25 and 1412, NE 14 Street; and 31, 1418, 1428 and1432 NE Miami Court, Miami, Florida 33132, Miami, Florida; from T6-24A-O (Urban Core -A -Open) to T6-24B-O (Urban Core-B-Open). Image # 1: Aerial of Subject properties 1941, 1445, 1455 N. Miami Avenue, 25 and 1412 NE 14 Street; and 31, 1418, 1428 and1432 NE Miami Court, Miami, Florida 33132 SUBJECT PROPERTIES: The subject properties encompass almost the whole block, except for the southwest and northeast portions of the city block; generally bounded to the north by NW 15 Street, to the east by NE Miami Court, to the south by NE 14 Street and to the west by North Miami Avenue. The assemblage comprises ten parcels totaling approximately 49,955 square feet or 1.14 acres, as depicted in "Table No.1: Property description and rezoning request". The complete legal description of the property is on fife with the Hearing Boards Office. Public Alley: The city block was bisected in North to South direction by a 10 foot wide alley. This alley was closed by the City of Miami Public Works Department Ordinance 13492 on March 23, 2015 for Alley number 23H14. To develop the property as a single block the City of Miami Ordinance 13492 provides: "if the property owners whose land abuts the alley desire that an easement reservation be released, the property owners must petition the Director of the Public Works Department in writing to request the release of the easement reservation and, as part of the petition, the property owners are to submit release letters from all utility companies stating that said utility company will release any interest in an easement for the closed and vacated alley. Upon verification of the petition and release letters, the Director of the Public Works Department may release said easement reservation". Table # 1: Property description and rezoning request Folio No. 0131360051060 2 0131360051070 3 5 6 7 8 9 10 0131360051080 0131360051110 0131360051130 0131360051140 0131360051150 0131360051151 0131360051180 Address 1455 N MIAMI AVE 1445 N MIAMI AVE 1441 NE MIAMI AVE 1432 N MIAMI CT 1428 NE MIAMI CT 1418 NE MIAMI CT 1412 NE MIAMI CT 31 NE 14 ST 25 NE 14 ST Lot Size (Sq. Ft.)* 5,700 11,400 7,600 6,300 4,200 4,200 2,200 5,000 3,355 Zoning Classification Current Proposed T6-24A-O (Urban Core Transect Zone — Open) T6-24B-O (Urban Core Transect Zone — Open) 49,955 1.14 Acre *Note: Lot size in Table 1 reflects information obtained from public records. The surveys provided as part of the application show adjustments in size when considering dedications. The aggregate net lot area as per Survey is 48,015 sq. ft. (1.102 ± acres). 1 City of Miami Ordinance 13492, dated March 23, 2015, modifying Chapter 54 Streets and sidewalks, Art.1, Sec. 54-4.1 Public Alleys (b) PZAB File ID No. 2636 Page 2 of 9 The request depicted in Table 1 meets the criteria to apply for a rezone pursuant to Miami 21 Code, Sec. 7.1.2.8(c) 1. The subject properties comply with the 200 linear feet of frontage on a single street(s), in this case along NW 15 Street and NE Miami Court. B. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN The properties proposed for the rezone from T6-24A-O to T624-B-O have a Future Land Use Map (FLUM) designation of "General Commercial". Pursuant to the "Correspondence Table -Zoning and Comprehensive Plan"2 provided by the Miami Comprehensive Neighborhood Plan, the existing FLUM is compatible with the current and proposed zoning designation; therefore, a FLUM amendment is not required as part of this rezoning request. The subject properties are located within the Omni Residential Density Increase Area, which allows up to 500 residential units per acre. The subject properties are also within the Urban Central Business District (UCBD), which targets the single urban core area in the City of Miami. The UCBD is proposed to provide mass transit service, becoming in the appropriate environment to house high -density and multi -use developments. The subject property is near the "School Board"- Metroraii Station, located immediately south of NE 15 Street, between NE Miami Place and NE Miami Court. C. BACKGROUND AND PROPOSAL The subject properties are located in an area designated T6-24A-O. This area is located north of 395 Expressway, and flanked to the east by an area designated T6-36B-O, and to the west by an area zoned D-1 and D-2 Transect Zones. Staff's preference would be that any participation in the Public Benefit program, rather than rezoning the site to include workforce housing servicing multiple income ranges between 60% of the Area Median Income (AMI) and 140% of the Area Median Income (AMI), as described in Sections 3.16.1 through 3.16.4 of the Miami 21 Code. 2 "Correspondence Table -Zoning and Comprehensive Plan" Miami Comprehensive Neighborhood Plan Goals, Objectives and Policies, October 2015, page 26. PZAB File fD No. 2636 Page 3 of 9 Image # 2: Current zones transition in the area The Transect Zone designations in the area provides for a transition in FLR and height decreasing to the west as it is shown in Image #2 above and Table No. 2: Transition context below. Table # 2: Zoning transition in the area Dev. Criteria FLR (multiplier) Transect Zone D-1/D-2 *T6-24-A-O Bonus Height (Stories) 8+218 7 *T6-36-B-O 22 30% 24+24=48 40% 36+24= 60 PZAB File ID No. 2636 Page 4 of 9 The maximum development for the existing and the proposed zoning designation theoretically would be as follows: Lot size: 49,955sq.ft (1.14 ± acres) Density: 500 DU/acre Max. Res. Unit allowed: 573 Res Units. T6-24-A 4 T6-24-B LOT OCCUPATION a. Lot Area 49,955 sq.ft sq.ft c. Lot Coverage 80% 39,964 sq.ft 39,964 c. Lot Coverage FLR 7 349,685 sq.ft 749,325 15 FLR Addt'I Publ. Benefit 30% 104,905 sq.ft 0% Addt'I Publ. Benefit 49,955 a. Lot Area Total FLR allowed 454,591 sq.ft 749,325 60% Total FLR allowed Stories 1=> 8: 6 x Floorplate (*) 319,712 sq.ft 319,712 8 1=> 8: Stories Remaining FLR 134,879 sq.ft 429,613 Remaining FLR Res. floorplate 15,000 sq.ft 15,000 Res. floorplate Tower 9 Stories 29 Tower Podium (*) 8 Stories 8 Podium (*) Max. Height 17 Stories 37 Res. 179 Units 571 319% 1,148,309 $ 1,421,413 24% As shown in the table above, the By Right FLR of T6-24-B is 60% higher than the By Right and Bonus FLR of T6-24-A transect zone. Therefore, the rezoning proposed by the applicant provide them additional By Right development capacity, a portion of which is currently attainable through provision of Public Benefits under the current zoning designation of T6-24A. The rezoning as proposed deprives the City of tangible public benefits. It is important to highlight some of the projects within the vicinity referenced in the applicant's Letter of Intent (LOD) to support their request, were approved under former zoning ordinance 11000 of the City of Miami. Previous rezoning and developments used as referenced by the applicant to support the request are located within a T6-36B-O Transect Zone, and for that reason these were not considered in this staff report. PZAB File ID No. 2636 Page 5 of 9 D. ANALYSIS This application request the rezoning of properties generally located at 1441,1445,1455 N. Miami Avenue, 25 and 1412 NE 14 Street; and 31, 1418, 1428 and1432 NE Miami Court, Miami, Florida 33132 , Miami, Florida from T6-24A-O (Urban Core Transect Zone — A -Open) to T6-24B-O (Urban Core Transect Zone - B - Open). Image #3, shows several approved rezoning in area that have been taking place in the current rezoning cycle. Image #3: Rezoning requested to T6-248-0 in the surrounding area Rezoning Request tor 15-za-s-0 In P82 Dep- PZAB Fife ID No. 2636 Page 6 of 9 The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a), (a)(3), (c)(1) & (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 Analysis of Criteria 1 Finding 1 Criteria 2 Analysis of Criteria 2 Finding 2 Additional Criteria 3 Analysis of Criteria 3 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 request is for the rezoning of nine parcels with the total aggregated area of (49,955) square feet (See Table 1 above on page 2 of this report). The subject site has two hundred ten (210) feet of street frontage along NE 15 Street. The request complies with requirement for rezoning as set forth in Miami 21 Code, Sec. 7.1.2.8 (c) (1). The subject properties have more than 200 linear feet and frontages along NE Miami Court and Miami Avenue. The rezoning, as requested, is indicated as successional by Miami 21 Code, Article 7, and Section 7.1.2.8 (a). The requested zoning change is successional. The rezoning, as requested, matches with the successional table for rezoning. Set forth in Miami 21 Code, Sec. 7.1.2.8 (a) (3), and consequently comply with Sec.7.1.2.8 (f) (2). However, said change does consider the possibilities of participation in the public benefits incorporating for Workforce Housing based on Section 3.16 of the Miami 21 Code. Are the proposed changes related to adjacent and nearby districts, and within the scale and needs of the neighborhood? This request to rezone to the properties to T6-24B-O is similar to a recent rezone to the south of NE 15 Street, where the impact of the rezoning was not reduced, although it was proffered with a Declaration of Restrictive Covenants (DORC) providing for 96 Work -Force residential units. PZAB File ID No. 2636 Page 7 of 9 Finding 3 Additional Criteria 4 Analysis of Criteria 4 Finding 4 Additional Criteria 5 Analysis of Criteria 5 Finding 5 For this request there is no covenant or other mitigation proposed. If the requested zoning change to (T6-2413-O) is approved, the applicant may not be required to participate in any of the benefit program available in the Code. The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. Although the request does not require a FLUM amendment, the existing FLR of T6-24A-O does not allow maximize the site's full density of 500 dwelling units. The rezoning to T6-24B-O entails significant increase in intensity (FLR), it would allow for the development of approximately 571 dwelling units, not all of which could have been built in the building envelope of T6- 24A-O. The proposed T6-24B-O allows for an increase FLR by of approximately (60%). This requested to rezone; would allow for a greater intensity without having to participate in any of the different programs already in place in the Miami 21 code to acquire additional intensity (FLR). The existing T6-24A-O district boundary, where the subject properties are located, does not show evidence of being illogically drawn in relation to the property proposed for change. The applicant needs to justify the request. The impact of the proposed rezoning to the immediate neighborhood and surrounding areas needs to be assessed in depth to mitigate any possible adverse effect. It is not difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. The subject properties are buildable as they are currently zoned. Staff is unaware of any hardship or condition that would prevent them to be designed and developed per the current designation and with Miami 21 Code. The requested change would allow for a greater intensity in the area which has clearly been delineated as T6-24A-O. Denial of the rezoning does not entail any limitation to the property owner. PZAB File ID No. 2636 Page 8 of 9 E. CONCLUSION The Applicant's submittal materials and analysis provided as part of the application does not justify the rezoning as requested. The existing T6-24A-O district boundary (where the subject site is located) does not show evidence of being illogically drawn. Furthermore, the fact that the site is located within a Residential Density Increase Area (500 unit/acre) is not a justification for the requested rezoning to increase intensity (FLR). Article 3, Section 3.4.2 of Miami 21 says that "the inability to reach maximum Density or Intensity because of the necessary to conform to other regulations of this Code shall not constitute hardship for purposes of a variance." Additionally, Article 7, Section 7.1.2.5 (a) (28) says, "The inability to achieve maximum Density, Height, or floor plate for the Transect shall not be considered the grounds for the granting of a Waiver." The desired intensity under the current designation allows for additional intensity (FLR) by other mechanism, such as Affordable or Workforce Housing, as explained in Article 3, Section 3.14 of the Miami 21 Code. The rezoning as proposed deprives the City of tangible public benefits. Finally, the requested rezoning within the Urban Core Transect Zone; from T6-24A-O to T6-24B-O is an intrusion of intensity, The applicant has not provided any mitigation measures or proposal indicating what steps would be taken; to protect and showcase the historic Fire Station No.2 at 1401 N. Miami Avenue. F. RECOMMENDATION Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Department of Planning and Zoning recommends Denial of the rezoning requested to the properties generally located at: 1441, 1445,1455 N. Miami Avenue, 25 and 1412, NE 14 Street; and 31, 1418, 1428 and1432 NE Miami Court, Miami, Florida to T6-24B-O. A Declaration of Restrictive Covenants was proffered to provide Workforce Housing, the requested rezoning is an intrusion of intensity that entails significant impact to the immediate neighborhood. Jac line Ellis Chief of Land Development REP Re. 8/15/2017 PZAB File ID No, 2636 Page 9 of 9 AERIAL FILE ID: 2636 REZONE ADDRESSES: 1441, 1445, & 1455 N MIAMI AV 1412, 1418, 1428, & 1432 NE MIAMI CT 25 & 31 NE 14 ST 0 170 340 I i I 680 Feet T3-O D1 NW 16TH ST —NW T4-R w Q MIAMI 21 (EXISTING) FILE ID: 2636 REZONE NW 16TH ST z w a 2 15TH ST ,drmNW,i15TH ST 11 ! J SEOPW Community Redevelopment Plan ■ I" NW 14TH ST N 0 210 420 NE MIAMI CT NE 16TH ST T6-24A-O J 0 w z NE 15TH ST SCHOOI ROARn -NE 14TH ST I. OMNI CRA: Performing Arts & Media Ent. District w Q 840 Feet NE MIAMI CT NE 13TH NE 13TH ST ADDRESSES: 1441, 1445, & 1455 N MIAMI AV 1412, 1418, 1428, & 1432 NE MIAMI CT 25 & 31 NE 14 ST T3-O D1 NW 16TH ST —NW 15TH ST T4-R w ic! MIAMI 21 (PROPOSED) FILE ID: 2636 REZONE NW=16TH ST z — NW'15THST_ N MIAMI AVE NW 14TH ST SEOPW Community Redevelopment Plan ■ I" - ° Me NW 13TH ST /39`O 0 2 z NE MIAMI CT NE 16TH ST T6-24A-O J IL w z NE 15TH ST SCHOOI ROARn 25 —NE 14TH ST N OMNI CRA: Performing Arts & Media Ent. District W Q 0 210 420 840 Feet NE MIAMI CT NE 13TH NE 13TH ST ADDRESSES: 1441, 1445, & 1455 N MIAMI AV 1412, 1418, 1428, & 1432 NE MIAMI CT 25 & 31 NE 14 ST