HomeMy WebLinkAboutAnalysis & MapsCity of Miami
Planning and Zoning Department
Division of Land Development
Applicant(s):
ANALYSIS FOR
REZONING
PZAB File ID No. 2637
NR Investments II, LLC (the "Applicant")
Location: Approximately 70 NE 17 Street, 90 NE 17 Street, and
1642 NE 1 Avenue, Florida 33132
Commission District District 2 - Commissioner Ken Russell
Net District Office: Downtown/Brickeil NET
Prepare By: Antonio E. Perez, Planner II
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 approximately70 NE 17 Street,
90 NE 17 Street, and 1642 NE 1 Avenue, 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
70 NE 17 Street, 90 NE 17
Street, and 1642 NE 1 Avenue,
Miami FI.
SUBJECT PROPERTIES: The subject properties encompass four lots, of which two, front to a
street (NE 17 Street). The city block is generally bounded, to the north by NE 17 Street, to the east
by NE 191 Avenue to the east, and to the west, by NE Miami Place.
The assemblage comprises four parcels totaling approximately 24,700 square feet or .56 acres,
as depicted in "Table No.1: Property description and rezoning request". The complete legal
description of the property is on file 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 23H7.
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.
Address
Lot Size
(Sq. Ft.)*
Zoning Classification
Current
Proposed
1
0131360050310
90 NE 17 ST
5,700
T6-24A-O (Urban
Core Transect
Zone — Open)
T6-24B-O (Urban
Core Transect
Zone —Open)
2
0131360050320
70 NE 17 ST
11,400
3
0131360051080
1642 NE 1 AVE
7,600
24,700
.56 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 24,700
sq. ft. (0.56 ± acres).
The depicted information 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 NE 17 Street, and.NE Miami Court as per submitted Boundary
& Topographic Survey, from Fortin, Leavy, Skiles, Inc.
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. 2637
Page 2 of 9
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 proposing to provide mass transit
service, becoming the appropriate environment to house high -density and multi -use
developments. The subject property is near the "City Cemetery", to the north; and Metrorail 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 designated with D-1 and D-2 Transect Zones. The applicant has not proffered a Declaration
of Restrictive Covenant.
Staff's preference would be that any participation in the Public Benefit program, 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 ID No. 2637
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
Transect Zone
D-1/D-2 *T6-24-A-O 4RT6-36-B-O
FLR (multiplier)
-
7
22
Bonus
-
30%
40%
Height (Stories)
8+2 / 8
24+24=48
36+24= 60
PZAB File ID No. 2637
Page 4 of 9
The maximum development for the existing and the proposed zoning designation theoretically
would be as follows:
Lot size: 24,700sq.ft (.56 ± acres)
Density: 500 DUlacre
Max. Res. Unit allowed: 283 Res Units.
T6-24-A 3 76-24-B
LOT OCCUPATION
a. Lot Area 24,700 sq.ft
sq.ft
c. Lot Coverage 80% 19,760 sq.ft 19,760 c. Lot Coverage
FLR 7 172,900 sq.ft 370,500 15 FLR
Addt'I Publ. Benefit 30% 51,870 sq.ft 0% Addt'I Publ. Benefit
Total FLR allowed 224,770 sq.ft 370,500 114% Total FLR allowed
Stories 1=> 8: 6 x Floorplate (*) 158,080 sq.ft 158,080 8 1=> 8: Stories
Remaining FLR 66,690 sq.ft 212,420 Remaining FLR
Res. floorplate 15,000 sq.ft 15,000 Res. floorplate
Tower 4 Stories 14 Tower
Podium (*) 8 Stories 8 Podium (*)
12 Stories 22
Res.
89 Units 283 319%
1,148,309 $ 1,421,413 24%
24,700 a. Lot Area
Max. Height
As shown in the table above, the By Right FLR of T6-24-B-O is 114% higher than the By Right and
Bonus FLR of T6-24-A-O transect zone. Therefore, the rezoning proposed by the applicant
provides 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-O. 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 (LOI) to support their request. 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 they were not considered in this staff report.
PZAB File ID No, 2637
Page 5 of 9
D. ANALYSIS
This application request the rezoning of properties generally located 70 NE 17 Street, 90 NE 17
Street, and 1642 NE 1 Avenue, Miami, Florida from T6-24A-O (Urban Core Transect Zone — A -
Open) to T6-24B-0 (Urban Core Transect Zone - B - Open).
Image #3, shows several approved rezonings in area that have been taking place in the current
rezoning cycle.
Image #3: Rezoning requested to T6-248-0 in the surrounding area
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 the Miami 21 Code. The background section of this report is hereby
incorporated into the analysis and its corresponding criteria by reference:
Criteria 1
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".
PZAB Fife ID No. 2637
Page 6 of 9
Analysis of
Criteria 1
Finding 1
Criteria 2
Analysis of
Criteria 2
Finding 2
Additional
Criteria 3
Analysis of
Criteria 3
Finding 3
Additional
Criteria 4
The request is for the rezoning of four parcels with the total aggregate area
of (24,700) square feet (See Table 1 above). The subject site has two
hundred (200) lineal feet of frontage along NE 17 Street.
The request complies with requirement for rezoning as set forth in the Miami
21 Code, Sec. 7.1.2.8 (c) (1). The subject properties have more 200 linear
feet and frontages along NE Miami 17 Street.
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 the 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 the properties to T6-24B-O is similar to recent
rezones south of NE 17 Street. A Declaration of Restrictive Covenants
(DORC) has not been submitted to the Planning Department as part of the
request to change to T6-24B-O.
If the requested zoning change to (T6-24B-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.
PZAB File ID No. 2637
Page 7 of 9
Analysis of
Criteria 4
Finding 4
Additional
Criteria 5
Analysis of
Criteria 5
Finding 5
E. CONCLUSION
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 283 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
(114%). 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 the 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.
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 maximum Density or Intensity because of the necessity to conform with to
other regulations increase intensity (FLR). Article 3, Section 3.4.2 of Miami 21 code 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,
PZAB File ID No. 2637
Page 8 of 9
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.
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 for the properties generally located at: 70 NE 17 Street, 90 NE 17 Street, and
1642 NE 1 Avenue to T6-24B-O. A Declaration of Restrictive Covenant was not proffered by the
applicant. The requested rezoning is an intrusion of intensity that entails significant impact to the
immediate neighborhood.
Je ueline Ellis
Chief o, Land Development
AEP
Re. 8/29/2017
PZAB File ID No. 2637
Page 9 of 9
0
NW 15TH ST
137.5
AERIAL
FILE ID: 2637
REZONE
15TH ST
275
550 Feet
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ADDRESSES: 70 & 90 NE 17 ST
1642 NE 1 AV
A
N
0 170 340
MIAMI 21 (EXISTING)
FILE ID: 2637
REZONE
680 Feet
ADDRESSES: 70 & 90 NE 17 ST
1642 NE 1 AV
N
0 170 340
MIAMI 21 (PROPOSED)
FILE ID: 2637
REZONE
680 Feet
ADDRESSES: 70 & 90 NE 17 ST
1642 NE 1 AV