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Home My WebLink AboutAnalysis and MapsCity of Miami Planning Department ANALYSIS FOR Change of Zoning Application Staff Analysis No. PZ-18-503 Location 1628, 1632, and 1642 SW 7 ST Folio Number 0141020120010, 0141020120020, and 0141020120030 Transect Zone T5-O (Urban Center) Miami Comprehensive Neighborhood Plan (MCNP) Designation Restricted Commercial Commission District 3 (Joe Carollo) Neighborhood Enhancement Team (NET) District Little Havana Planner Sergio Garrido, Planner II Property Owner Dora! New Holdings, Inc., 1632 Investments, Inc. and R A Data, Inc. (collectively, Owner and/or Applicant) Project Representative Ines Marrero-Priegues, Esq. A. GENERAL INFORMATION REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Miami 21, as amended, 721 Property, LLC (the Applicant) request the rezoning from "T5-0 Urban Center — Open to "T6-8-O" Urban Core — Open of the properties Located at 1628, 1632, and 1642 SW 7 St., (the "Property") as depicted in "Table No.1: Subject property The complete legal description of the Property is on Exhibit A of this report. Table No.1' Subject Property Folio Number Address Lot Size (Sq. Ft) Zoning Designation Existing 01-4102-012-001 C 1625SW7St. 8,850 0,1-4102-012-0020 1632 SW 7 St. 7,500 01-4102-012-0030 1642SW7St. 7,500 T5-0(URBAN CENTER TRANSECT ZONE -OPEN) Proposed TS-8-0 (URBAN CORE TRANSECT ZONE - OPEN) 23,850 Existing zoning designation Proposed zoning designation T4-R T4-L T5-0 T6-8-Q r4-R The Properly is comprised by three mid -block parcels located on the north side of the city block surrounded by SW 7 Street to the north, by SW 16 Avenue to the east, by SW 8 Street to the south, and by 17 Avenue 10 the west_ Illustration No.2 Aerial 3 _ SW 8 Street L.11*- IG iil�ilklli dhi Et. COMPREHENSIVE PLAN The Future Land Use Map (FLUM) designation for the subject property is "Restricted Commercial" which was the minimum required to be compatible with the former zoning designation under 11000 Zoning Ordinance. This FLUM designation is compatible, for the requested rezone to 76-8-0", as such, no FLUM amendment is required. IIIustrdtion No,2 Future Land Use Map (FLUM) designation al Et Meta. Dens. Rest. Commercial i4 Restricted Commercial SITE AND VICINITY MIAMI 21 AND FUTURE LAND USE: Property Designations Subject Properties Miami 21 Future Land Use T5-0 65 DU/ acre Restricted Commercial 150 DU/acre Surrounding properties North T5-O 65 DU/ acre Restricted Commercial 150 DU/acre South T6-8-0 150 DU! acre Restricted Commercial, 150 DUI acre East West T5-O 65 DUI acre T5-O 65 DU/ acre Restricted Commercial 150 DUI acre Restricted Commercial 150 DUI acre BACKGROUND: To provide comprehensive understanding of the area of the proposed rezone, the Zoning, Land Use, and traffic elements were analyzed. Previous zoning designation under 11 C0D Zoning Ordinance 01000 Z.O : The area vuhere the Property is located, was designated SD-14 "Latin Quarter", under the11000 Z.O. The SD-14 allowed for the intensity as well as most of the principal uses and structures permitted in - C-1" Restricted Commercial. Future Land Use designation: Pursuant to the "Correspondence Table -Zoning and Comprehensive Plan' of the Mialrli Comprehensive Neighborhood Plan (MCNP), a Future Land Use (FLU) designation of "Restricted Commercial" was the appropriate FLU 10 allow the C-1 zoning classification. It is important to point out the two levels of guiding principles existing on city land, the first and broadest is provided by the Future Land Use designation as described by the Miami Comprehensive Neighborhood Plan (MCNP) which encompasses land use, housing, sanitary and sewer, ports, the Miami River, Education, sea level rise and many other issues of critical importance to the City's growth. The MCNP includes sets of goals, objectives, and policies for the growth and development of the City of Miami. The second level provides a "'fine-tuned" levels of land development standards contained by the Transect Zone provided by the Miami 21 Code. Correapandenec Table — Zoning and Comprehensive Plan ONYIGCRDINANCE 110110 MIENPJULY1995 CS CONSERVATION CONSERVATION ' — `RESTRICTED PARKS AND RECREATION PR ! PERKS MID RECREATION RECREATION MARINE FACILITIES rt-1 SINGLE-FAMILY RESIDENTIAL SINGLE•FAkIlLY RESIDENTIAL R-2 TWO-FAMILY RESIDENTIAL DUPLEXRESIrI£#ITIAL ♦�-3 MULTI -FAMILY MEGIIJIMI DENSITY RESIDENIT(AL _ l IROILIi1 DCN$ITT II{ULTIFAMILYRESIDENTIAL R 4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL NIGH DENSITY MLILTFAMILY RESIDENTIAL CY OFFICE CFFK:E WI GOVERNMENT AND INSTITUTIONAL MDR INSTIrLUTIONAI, PLEILIC FACJLI TIES, TRANSPCRTATION.bNDUTILITIES _ RESTRICTED COMMERCIAL ' C-1 RESTRICTED COMMERCIAL C-2 LIBERAL ODMMERGIAL GENERAL COMMERCIAL CBD cam!. BUSIHESSDISTRICT CENTRAL BUSINESS DISTRICT I INDUSTRIAL INDUSTRIAL RT FIXED-C,IJICEYVAY RAPID TRANSIT DEVELCFMENT DISTRICT __ ._ The Miarni 21 Code implements land use by providing the properties with similar or more restrictive regulations, Traffic: SW 7 Street and SW 8 Street constitutes one-way pair, which is formed by two independent and roughly parallel streets traveling in opposite directions- Traffic on SW 7 StreeI runs East to West while traffic on SW 8 Street runs West to East. After an anaFysis of the characteristics of the corridors of the one-way pair, upon adoption of Miami 21 Code, both sides of the corridor formed by SW 7 Street were designated "T5--O" Urban Center Transect Zone -Open, while both sides of the corridor Formed by SW 8 Strut were designated 'T6-8-0° Urban Core Transect Zone - Open. The Transect Zone designations of T5 on both sides of SW 7 Street, and T6 on bath sides of SW 8 Street are uninterrupted, from approximately SW 8 Court to SW 17 Avenue_ C. ANALYSIS The Rezoning, as currently proposed, has been analyzed for conformance with Miami 21 Code. Ordinance 13114, as amended, Article 7, Section 7.1.2.8 MIAMl21 CODE: The existing Transact Zone for the Property is 'T5-O" Urban Center Transect Zone - Open and the request is to change the Transect Zone designation to "T6-8-O" Urban Gore Transect Zone - Open, Pursuant to "Article 4, Table 3: Building function Uses", the differences are as follows: Density T5 allows 65 DUI acre and T6 allows 150 DU/ acre. Ltses: T6-0 allows the same Uses allowed by T5-0, plus Regional Activity Complex which may be allowed by Exception_ The following excerpt of Miami 21 Code, Article 4, Table 3 shows the differences mentioned above, Excerpt of Article 4, Table 3 T5-O T6-8-O Density (Units per acre) 65 150 Civic Regional Activity Complex E Development rights: Higher development capacity is assigned to T6-8 Transect Zone. The following excerpt of MM1 iami 21 Code, Article 5, Illustrations 5.5 and 5.6 show only the differences on this matter_ Article 5 Development Standards, Illustration 5.5 & 5.6 T5 f T6-8 Building Disposition Floor Lot Ratio (FLR) NIA 5 if 25% Density s 65 DU/AC 150 DU/AC BuiMing Height Min. Height 2 stories 2 stories Max. Height 5 stories 8 stories Max_ Benefit Height 1 story abutting DI 4 stories abutting all Transect Zones except T3 The following graphic shays the difference in building height for the existing and the proposed Transect Zane. Building height for 75 abutting all zones except T4 & T3 1 tort 2 Building height for T6 abutting side and rear T5 30' min. 10 7 10 ram. Fw 6 5 4 3 2 tx min. 0..4 1 The request is to rezone the subject Property from "T5-O" Urban Center -Open to "T6-8-O" Urban Core— Open, which complies with the criteria to apply set forth Sec, 7.1,2.8 (a), which states: The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transact Zone to a greater or lesser intensity, or to the next higher Transect Zone, or through a Special Area Plan'. An additional the criteria to apply fora rezone is set forth Miami 21 Code, Sec.7.1.2.8 (c) (1) which states that "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 bass Than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street"_ Even though the rezoning is requested for 23,850 sq. ft of real property, it complies with Section 7,1.2.8 (c) (1) since it is the extension of an existing T6-8-0 district located south to the subject property The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (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 "The relationship of the proposed amendment to the goals, objectives Sec. 7.1.2.8.f_i .a and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan, the Miami 211 Code; and other city regulations. - Analysis 1 Finding 1 Under 11000 Zoning Ordinance, the area where the subject Property is located, was designated SD-14 "Latin Quarter", allowing for the intensity as well as for most of the principal uses and structures permitted in "C-1" Restricted Commercial. Purstiant to the applicable "Correspondence Table -Zoning and Comprehensive Plan" of the Miami Comprehensive Neighborhood Plan, a Future Land Use (FLU) designation of "Restricted Commercial" was the appropriate FLU to allow the C-1 zoning classification. Upon adoption of Miami 21 Code, both sides of the corridor formed by SW 7 Street were designated "T6-O" Urban Center Transect Zone - Open, while both sides of the corridor formed by SW 8 Street were designated "T6-8-O" Urban Core— Open. The way the T5 Trenseol Zone designation was applied to the properties abutting SW 7 Street provide an appropriate transition and buffer to the T4 properties located to the north. Even though the underlying Future Land Use of "Restricted Commercial" allows for more development capacity than the provided by T5, the zoning designation acts as a second layer of regulations providing an additional "fine-tuned" level of land development standards. The expansion to the north of the boundary of the T8-8-O located south of the Properly will represent an intrusion of density, height and development capacity, altering the character of the SW 7 Street on the portion limited by SW 8 Court to the east and SW 17 Avenue to the west. While the request does not require FLU amendment, it is inappropriate to the character of SW 7 Street corridor, which has FLU designation of "Restricted Commercial" on bolh sides and consistent T5-O on the portion limited by SW 8 Court to the east and by SW 17 Avenue ID the west. Criteria 2 "The need and justification for the proposed change, including Sec. 7.1.2.8_f_1.b. changed or changing conditions that make the passage of the proposed change necessary." Analysis 2 With the adoption of Miami 21 Zoning Code in 2010, the SW 7 Street corridor was designated with the T5 Transect Zone on both sides, buffering the well -established T4 neighborhoods to the north from the T6-8-O properties to the south, at both sides of SW 8 Street corridor. On January 18, 2018, the City Commission approved an FLU amendment and rezoning1 from T5-O to T6-8-0 for properties on SW 7 Street and SW 7 Avenue, almost a mile away to the east of the subject Property. This rezone does not represent a changing condition that justifies the proposed rezone requested. In 2017 the Planning Department studied the rezoning of the properties along SW 7 Street between SW 17 Avenue and SW 22 Avenue from T4-L to T5-L. This study strengthens the importance of SW 7 Street Corridor as a transitional buffer to the T4 lots it abuts. The study did not consider rezoning other portions of the SW 7 Street corridor.. The requested rezoning not only will alter the oharaoter of SW 7 Street corridor, but will reduce the buffer provided by TG-O to the properties designated T4 located to the north. Finally, the existing zoning boundary follovds the original prat lines of the Lawrence Estate East Addition (Recording Book 3) and was maintained with the adoption of Miami 21, confirming that the existing zoning boundary is not illogically drawn, Finding 2 The rezoning of the subject Properly is inconsistent with criteria set forth in Section 7.1.2.8.1.1.b. Criteria 3 Sec. 7.1.2.8_f_ 2 Analysis 3 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. Even though the requested rezoning is proposed to the next intensity Transect Zone, the proposed change does not maintain the goals of Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. 1 Ordinances 13731 and 13732 Finding 3 The proposed rezoning is inconsistent with the goals of Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. D. CONCLUSION AND RECOMMENDATION Based on staff analysis and pursuant to the criteria provided by Miami 21 Code, the Planning Department recommends denial to rezone from •T5-O" Urban Center — Open to "T6-8-O" Urban Core — Open of the properties located at 1628, 1632, and 1642 SW 7 Street. Jacqueline Ellis Chief of Land Developement Attachments : Attachment A — NOTICE The final decision may be appealed by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd Ave., 3rd Floor, Miami, FL 33130 Telephone number (305) 416-2030. Attachment "A" LEGAL DESCRIPTION; Lots 1, 2, and 3, of "MANLEY'S RESUBDIV1SION," according to the plat thereof, as recorded in Plat Book, 9, at Page 47, of the Public Records of Miami Dade County, Florida. Property address(es) & Tax Folio Number(s) Address Folio 162S SW 7 Street 01-4102-012-0010 1 632 SW 7 Street 01-4102-012-0020 1642 SW 7 Street 01-4102-012-0030 MIAMI 21 (EXISTING) FILE ID: 5663 REZONE T4-R SW 6TH ST T4-L SW 7TH'ST 1 J l SW8TH'ST T6-8-O T4-R T3-O 1 [T3 -R N 0 125 250 500 Feet 111111111 ADDRESSES: 1628, 1632, and 1642 SW 7 ST ••--•- Established Setbacks Subject Properties MIAMI 21 (PROPOSED) FILE ID: 5663 REZONE T4-R 1 J l SW 6TH ST T4-L SW8TH'ST T6-8-O • T5=O T4-R T3-O 1 [T3 -R N 0 125 250 500 Feet 111111111 ADDRESSES: 1628, 1632, and 1642 SW 7 ST ••--•- Established Setbacks Subject Properties AERIAL FILE ID: 5663 N ADDRESSES: 1628, 1632, and 1642 SW 7 ST 0 125 250 500 Feet