HomeMy WebLinkAboutAnalysis & MapsCity of Miami
Planning Department
Division of Land Development
ANALYSIS FOR REZONING
PZAB File ID No. 3603
Applicant(s): Art Luxury Rentals, LLC (the "Applicant")
Location: Approximately 45 NE 16 St, 64, 52, 48, 42, and 38 NE 17 St,
1635, and 1643 NE Miami Ct, and 1602, 1610, 1616, 1642,
1632, 1624 NE Miami Place, Miami, Florida
Commission District District 2 — Commissioner Ken Russell
Net District Office: Downtown/Brickell NET
Planner: Sergio Garrido
A. GENERAL INFORMATION
REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the "Applicant"
request to Rezone the properties located at approximately: 45 NE 16 St, 64, 52, 48, 42, and 38 NE
17 St, 1635, and 1643 NE Miami Ct, and 1602, 1610, 1616, 1642, 1632, 1624 NE Miami Place, Miami,
Florida within the Urban Core Transect Zone, from T6-24a-O to T6-24b-O.
Illustration 1: Subject property (Aerial)
SUBJECT PROPERTIES: The subject
properties form an entire city block
generally bounded to the North by NE 17 St,
to the East by NE Miami PI., to the South by
NE 16 St., and to the West by NE Miami Ct.
The assemblage of the properties,
comprises fourteen parcels totaling
approximately 74,167 sq. ft. (1.703 ±
acres), per the survey submitted with the
rezoning request. The addresses and folio
numbers assigned to the properties
involved are depicted in "Table No.1:
Property description and rezoning request"
(complete legal description of the property
is on file with the Hearing Boards Office).
Public Alley: The above referenced city
block is bisected East to West by a 10 foot
wide alleyway running North to South,
identified by the City of Miami as 23H13.
This alley was closed by Ordinance 13492 on March 23, 2015.
To develop the property as a single block, the City of Miami Ordinance 13492 provides in the
amended Sec. 54-4.1 (b): "...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". The applicant provided proof of initiating the petition to release
the easement reservation created by the alley in their application materials.
Table No. 1: Property description and rezoning request
#
Folio No.
Address
Zoning Classification
Current
Proposed
1
0131360050210
38 NE 17 Street
T6-24a-O (Urban Core
Transect Zone - Open
T6-24b-O (Urban Core
Transect Zone - Open
2
0131360050220
42 NE 17 Street
3
0131360050230
48 NE 17 Street
4
0131360050200
52 NE 17 Street
5
0131360050190
64 NE 17 Street
6
0131360050250
1642 NE Miami Place
7
0131360050260
1632 NE Miami Place
8
0131360080040
1624 NE Miami Place
9
0131360080050
1616 NE Miami Place
10
0131360080060
1610 NE Miami Place
11
0131360080070
1602 NE Miami Place
12
0131360050301
45 NE 16 Street
13
0131360050270
1635 NE Miami Court
14
0131360050240
1643 NE Miami Court
The subject properties comprise an aggregated gross area of 74,167 sq. ft. (1.703 ± acres), provided
by the Survey, included as part of the application.
The request depicted in Table 1 qualifies to be considered for a rezone pursuant to Miami 21 Code,
Sec. 7.1.2.8(c) by including at least forty thousand (40,000) square feet of land area for the
proposed rezoning, and has more than 200 feet of street Frontage along both NE Miami Place and
NE Miami Court.
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. 3603
Page 2 of 8
B. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
The properties proposed for the rezone from T6-24a-O to T6-24b-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 also falls 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.
C. BACKGROUND AND PROPOSAL
The subject properties are located in a "Transitional Area" originally designated T6-24a-O, located
just south to the City of Miami Cemetery and north of 395 Expressway, and flanked to the east with
an area designated T6-36b-O, and to the west with portions of D-1 and D-2 Transect Zones,
providing for transition in density, development capacity, and height east -west, decreasing to the
west, as depicted in the following Illustration 2: Zoning Context.
Illustration 2: Zoning Context
Despite the Transitional Area
described above is in its majority T6-
24a-O, some rezoning has been
approved to T6-24b-O since 2016.
From the Transitional Area,
comprising approximately 86.9
acres, 3.2 ± acres has been to
rezoned T6-24b-O; which represents
only 3.68% of the area and cannot
be considered as a trend.
Additionally, the approved
applications for rezoning in this area,
contained voluntarily proffered
covenants to provide workforce
housing in a percentage approved
by the city commission.
2 "Correspondence Table -Zoning and Comprehensive Plan" Miami Comprehensive Neighborhood Plan Goals,
Objectives and Policies, October 2015, page 26.
PZAB File ID No. 3603
Page 3 of 8
D. ANALYSIS
This application requests the rezoning of the properties generally located at 1336, 1348, and 1366
NE 1 Av.; 50 and 58 NE 14 Street; and 1335 NE Miami Court, Miami, Florida from T6-24a-O (Urban
Core Transect Zone — A -Open) to T6-24b-O (Urban Core Transect Zone - B - Open).
The rezoning request is for 74,167.47 sq.ft (1.703 ± acres) of real property located in a transition
area, located within the OMNI Density Increase Area which allows for 500 DU/acre.
The impact on the development capacity for the subject properties, resulting by the rezoning
requested is shown in the comparison below, and based on the development capacity allowed by the
current and the requested zoning designation.
TRANSECT ZONE COMPARISON
LOT OCCUPATION
Lot Area
Density: 500 DU/acre
Lot Coverage
Multiplier
Addt'I Publ. Benefit
Total FLR allowed
Podium. Max stories:
Remaining FLR
80%
7
30%
9.1
0
Residential Component
Residential Floor plate (18,000 sq.ft)
Dwelling Units provided: Remaining FLR x
.8 (Vert. circ.) _ 600 =
Officelcommercial Component
Commercial Floor plate 30,000 sq.ft
Public Benefit
Dev. Fee:
T6-24-A T6-24-B
74,167 sq.ft (1.703 ± acres)
852 DU
59,333.60 sq.ft
519,169 sq.ft 4 16
155,751 sq.ft 4 40%
1,186,672 sq.ft 4 228%
474,669 sq.ft 4 300%
674,920 sq.ft 22.4 1,661,341 sq.ft 4 246%
8 474,669 sq.ft
674,920 sq.ft 1,186,672 sq.ft
639,000 sq.ft
36 stories
639,000 sq.ft
36 stories
852 sq.ft 852 Units
35,920 sq.ft
1 story
547,672 sq.ft
18 stories
15.95 $/sq.ft $ 2,484,223.67 $ 7,570,967.36
The model for development comparison above, shows that the requested T6-24b-O allows an
increase of the development capacity by 228% of FLR by right and 300% more square footage in
"Public Benefits", provided for the enhanced FLR base over which the Public Benefit percentage is
applicable.
The incorporation of the square footage provided by a higher multiplier and higher percentage of
public benefits may move the development away from of the City's goal of providing affordable
housing.
PZAB File ID No. 3603
Page 4 of 8
In order to better understand the Public Benefit contribution that the applicants usually propose to
the City of Miami as covenants in lieu of paying in dollars for the right to develop more than double
of the FLR allowed, the following table depicts the maximum rent by number of bedrooms, per
Average Median Income (AMI) classification.
Table No.2: City of Miami rent limit by number of
bedrooms in unit, per AMI breakdowns
Bedrooms
30% AMI
50% AMI
60% AMI
80% AMI
120% AMI
140% AMI
0 1 2 3 4
$396 $424 $510 $589 $657
$661 $708 $850 $981 $1,095
$793 $849 $1,020 $1,178 $1,314
$831 $964 $1,159 $1,331 $1,465
$1,587 $1,699 $2,040 $2,356 $2,628
$1,851 $1,982 $2,380 $2,749 $3,066
Income
Classification
Extremely low
Very low
Workforce
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, as well as to the additional pertinent criteria derived from the
letter of intent. 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".
Analysis of The request is for the rezoning of six properties of which the aggregated area
Criteria 1 involves more than forty thousand (40,000) square feet of land area, and provide
two hundred (200) feet of street Frontage on one (1) street, as well.
Finding 1 The request complies with requirement for rezoning as set forth in Miami 21 Code,
Sec. 7.1.2.8 (c) (1).
Criteria 2
Sec.7.1.2.8 (f)(2) For rezoning: 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 of The rezoning, as requested, is indicated as successional by Miami 21 Code.
Criteria 2
PZAB File ID No. 3603
Page 5 of 8
Finding 2
The rezoning, as requested, matches with the successional table for rezoning set
forth in Miami 21 Code, Sec. 7.1.2.8 (a)(2), and consequently complies with
Sec.7.1.2.8 (f) (2).
Criteria 3 Rezone from T6-24a-O to T6-24b-O has been approved within the Transitional
Area since 2016.
Analysis of In the Transitional Area of approximately 86.9 acres, and originally zoned in its
Criteria 3 entirety T6-24a-O, has been approved the rezone to T6-24b-O of 3.2 ± acres since
2016; these rezones only represents 3.68% of the area and therefore cannot be
considered a trend.
Finding 3
Criteria 4
The requested rezoning is deemed as an intrusion of higher intensity in the
Transitional Area that will provide options above and beyond the zoning
requirements for the proposed development. By increasing the FLR provided by the
multiplier and by the Public Benefit percentage, the development will provide for
large residential units sizes amenities, and garage that will put it away from the
possibility to provide a mixed income development providing for affordable
residential units, as the city goals require.
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.
Analysis of The rezoning entails significant increase in the FLR, however the density remains
Criteria 4 and the subject properties can be developed maximizing the density allowed (500
DU/acre).
Finding 4 The existing T6-24a-O district boundaries (the "Transitional Area"), where the
subject properties are located, does not show evidence of being illogically drawn in
relation to existing conditions on the property proposed for change.
The Transitional Area between D-1 and T6-36 is approximately 86.9 acres in size,
of which 3.2 ± acres has been rezoned to T6-24b-O; this represents only a 3.68%
of the area and cannot be considered as a trend.
Criteria 5 Are there site hardship or limitations imposed by the current zoning designation that
prevent the development of a project fully in compliance with Miami 21 Code?
Analysis of The subject properties, as aggregated, constitute in fact a buildable site. Staff is
Criteria 5 unaware of any hardship or condition preventing them to design and build complying
and in accordance with the Miami 21 Code.
Finding 5 Not granting the rezoning does not entail any limitation to the property owner.
PZAB File ID No. 3603
Page 6 of 8
letter of
intent (LOI)
Argument
LOI-1:
Analysis
Finding
Argument
LOI-2:
Analysis
Finding
Argument
LOI-3:
Analysis
Finding
Argument
LOI-4:
The following arguments are provided by the applicant in the letter of intent (LOI).
"The Media and Entertainment District is in great need of additional housing options
to serve the thousands of individuals who work in nearby areas."
The subject property is buildable under the current T6-24a-O zoning designation.
Pursuant to "Argument LOI-2" below, the request is not based in the number of units
that can be provided, but in the size of the units, and therefore to create a more
expensive product, which is contrary to the housing affordability goal of the City of
Miami.
"Argument LOI-1" is not in line with City of Miami policies for affordable housing.
"The increased floor area will permit larger units as well as more functional balconies
for the residents of the proposed development."
Considering a FLR combining "Multiplier" with "Public Benefits", T6-24b-O provides
for 246% more FLR combined than T6-24a-O.
The "Transect Zone Comparison" provided in page 4 of this Staff analysis, shows,
for the subject property, the difference in FLR between T6-24a-O (674,920 sq.ft)
and T6-24b-O (1,661,341 sq.ft) is 986,421 sq.ft.
Developing bigger units at market rate defeat the City's purpose and objective of
create affordable residential units for the area.
"Argument LOI-2" is not in line with City of Miami policies for affordable housing.
"Without the rezoning, the Subject Property would not be able to achieve a viable
development potential in permitted stories or density under Miami 21 and the
Comprehensive Plan."
A viable development can be provided under the context of the current zoning
designation (T6-24a-O). The requested rezone to T6-24b-O simply provides for a
much more profitable development, and profitability is not one of the criteria used to
recommend in analyses of a rezone request.
"Argument LOI-3" does not qualify for "Analysis Criteria" for rezoning.
The proposed ground floor retail on the Subject Property will create active
pedestrian areas by providing connectivity with the surrounding commercial
spaces and create a gathering place within the OMNI area for visitors and
residents alike.
PZAB File ID No. 3603
Page 7 of 8
Additionally, the proposed residential development at the Subject Property will
benefit the existing businesses in the area by providing a more permanent
customer base.
Analysis The argument has no valid grounds given it is matter of design. Retail in ground
floor can be developed in the current T6-24a-O zoning designation, as well as in
any T6-24-L or 0 Transect Zone.
Finding "Argument LOI-4" can be addressed by the applicant through design with the
existing Transect Zone.
E. CONCLUSION:
The analysis provided as part of the application does not justify the rezoning as requested.
1. The rezoning from T6-24a-0 to T6-24b-0 is an intrusion of higher intensity.
2. The "Transect Zone Comparison" above shows that the site, comprised by the subject properties,
is buildable under the T6-24a-O Transect Zone, and can provide 852 residential units which is the
maximum provided by both zoning designations, the current and the proposed.
3. The requested T6-24b-0 exceeds the intensity required for the proposed residential development with
retail on the ground floor; the additional possibilities provided for the requested Transect Zone only
promote the increase of the price of the land, opening a window to later change the project.
4. Bigger units with amenities and parking spaces will keep the development away from of the city goal of
providing affordable housing,
5. There is no hardship or condition preventing the site to be designed and built fully in compliance with
existing zoning under the Miami 21 Code.
6. Not granting the rezoning does not entail any limitation to the property owner.
F. RECOMMENDATION:
Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the
aforementioned findings, the Planning Department recommends Denial of the rezoning as requested.
Jac. uelin- lis
Chi-f o Land Development
SEG
Re. 3/5/2018
PZAB File ID No. 3603
Page 8 of 8
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ADDRESSES: 38, 42, 48, 52, 64 NE 17 ST;
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ADDRESSES: 38, 42, 48, 52, 64 NE 17 ST;
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45 NE 16 ST
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