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Home My WebLink AboutAnalysis and MapsCity of Miami Planning Department ANALYSIS FOR REZONING Staff Analysis Report No. PZ-19-5933 Location 180 NE 50 Street Folio Number 0131240150490 Miami 21 Transect "T4-R" General Urban Zone- Restricted MCNP Designation Medium Density Multifamily Residential Commission District District 5 (Keon Hardemon) NET District Little Haiti Neighborhood Enhancement Team (NET) Area Planner Sergio Garrido, Planner II Property Owner 4920 Operating, LLC Project Representative Iris Escarra, Esq. / escarrai@gtlaw.com A. REQUEST ,gyp PuBtic. NOTICE ThW submIttal needs to be scheduled for a public bearing In accordance wlth hmellnea set forth In the city, Wool Cole. The oppticztie decIslon-making body will reWewtlie Inbnm., at the public bearing to render a eloon ocne20®5933 r min, decoon PZ-20-5933 10/02/20 44, REVIEW Gp� � Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114 (the "Miami 21 Code"), as amended, 4920 Operating, LLC (the "Applicant") requests a change of zoning fora parcel 6,900 Square Feet (0.16 acres) located at 180 NE 50 Street (the "Property") from T4-R "General Urban Zone- Restricted" to T4-L "General Urban Zone -Limited". Below, outlined in black in Illustration 1, is the Property proposed to be rezoned. Illustration 1: Change of zoning requested Existing Zoning Classification Proposed Zoning Classification fiff/Or7 1I B. RECOMMENDATION Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21 Code"), as amended, the Planning Department recommends Denial of the request to rezone from T4-R "General Urban Zone- Restricted" to T4-L "General Urban Zone -Limited" for the property located at 180 NE 50 Street, Miami, based upon the facts and findings in this staff analysis. C. BACKGROUND The Property is located within the Little Haiti Neighborhood Enhancement Team (NET) area of the City of Miami. Page1 of 10 The Property is an interior parcel fronting NE 50 Street; it is located within city block bound the north, by NE 2 Avenue to the east, by NE 49 Street to the south, and by NE 1 Avenue Illustration 2: Aerial view of Subject Property outlined in red NOTICE This submIttal needs to be scheduled for a public bearing in accordance wlth hmellnea set forth In the city, Man Cole. The applicable decision -making body will reelewtlle Inbnm., at the ph, bearing to render recae20.5933 cloon or an. deco, PZi 10/02/20 As it is shown in Illustration 1 above, the city block described has three zoning classification which, running east to west, are displayed as follows: T4-L for the parcels fronting NE 2 Avenue, then three parcels designated T4-R, buffering and protecting the rest of the block to the west, which is designated with T3-L Transect Zone. City records show that the Property's approximately 6,874 square feet (.157 ± acres) in size and is vacant. SOCIODEMOGRAPHIC ANALYSIS The Property is located in Census Block Group 120860022011 ("Census Block"). Table 1 indicates that 3,068 people live within 761 households in the Census Block. The average household size (population divided by number of households) is 4.03 in the Census Block, which is almost one and a half times the average household size of the City of Miami at 2.79 persons. Over 65-percent of all households in the Census Block are families with children, explaining the larger average household size. This is consistent with the median age of the Census Block being six years younger than the rest of the City. The Census Block has both larger households and a much higher median income than the rest of the City. Table 1 indicates the median household income in the Study Area is over $50,000 whereas the City of Miami's median household income is under $37,000. Despite having higher income, the Census Block's wealth lacks that of the rest of the City. Over 77-percent of all households in the Census Block are renter -occupied; these households do not have the equity or monetary assets associated with homeownership to assist in building wealth and savings. Moreover, rent is nearly $500 higher per month in the Census Block than the rest of the City. Conversely, homeowners in the Census Block have property values approximately $60,000 less than the rest of the City. Take away, 22-percent of the Census Block builds wealth through their homes; however, they are not building as much wealth as homeowners elsewhere in the City. Unemployment is 3.7 percentage points higher in the Census Block than the entire City of Miami. Due to larger household sizes, more expensive rent, and lower home values, the socioeconomic data paints a picture of a somewhat economically burdened population. While income is higher, households and rents are higher, meaning these households are spending more money on shelter and caring for dependents than other parts of the City; the higher income may not be enough for these households. Page 2 of 10 Table 1. Summary of Census Block Topic Population Group and City of Miami Block Group 120860022011 3,068 City of Miami 451,214 Median Age 34.0 40.2 Households 761 161,605 Households w/ Children 500 77,624 Housing Units 896 202,289 Median Household Income $50,224 $36,638 Renter -Occupied Households 77.2% 59.4% Housing Vacancy Rate 15.1% 15.4% Medium Home Value $236,300 $292,900 Median Gross Rent $1,670 $1,120 Unemployment Rate 11.3% 7.0% This su bmtttal needs to be scheduled fora pub. hearing in accordance w. steung:et torththe cry or The applos e ...Mon -making holy wit d w felth the lnbrmatton at the pubYc hearing to fender recpmendab on or a final deci4.on. PZ-20-5933 10/02/20 D. COMPREHENSIVE PLAN Per the Correspondence Table - Zoning and Comprehensive Plan of the adopted Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP), the requested change of zoning from T4-R to T4- L does not correspond with the property's existing future land use (FLU) of Medium Density Multifamily Residential. As a result, the Applicant has submitted a companion FLUM Amendment to amend the property's FLU from "Medium Density - Multifamily Residential" to "Medium Density - Restricted Commercial" under File ID No. PZ-19-5935. Illustration No. 3. Future Land Use (FLU): existing and proposed designation Existing: Proposed: Med. Dens. -Multifamily Residential Med. Dens. Restricted Commercial Fara Rm. Wed D itliqt. ,Cr gee Table No. 2: Existing Neighborhood Characteristics_ Zoning Subject Property: T4-R "General Urban Transect Zone — Restricted" (Max. 36 D.U. / acre) Future Land Use Designation Medium Density - Multifamily Residential (Max. 65 D.U. / acre) North: T4-R "General Urban Transect Zone — Medium Density - Multifamily Restricted" (Max. 36 D.U. / acre) Residential (Max. 65 D.U. / acre) East: T4-L "General Urban Transect Zone — Restricted Commercial (Max. 150 Limited" (Max. 36 D.U. / acre) D.U. / acre) Page 3 of 10 South: T4-R "General Urban Transect Zone — Medium Density - Multifamily Restricted" (Max. 36 D.U. / acre) Residential (Max. 65 D.U. / acr G a West: T4-R "General Urban Transect Zone — Medium Density - Multifamily Restricted" (Max. 36 D.U. / acre) Residential (Max. 65 D.U. / acre NOTICE This submMal needs to be scheduled Mr a public bearing In accordance pith timelines set forth in the My M Miami Cale. The applic,ue decision -making holy will renew Me information at the public bearing to render a recaedecision PZ20-5933 E. ANALYSIS 10/02/20 A, VI E W C°l.N Impact of the rezoning request The impact of the rezoning request is the introduction of new Uses in a Residential district. The Uses introduced as well as the process to implement them are depicted in the following excerpt of Article 4, Table 3 of Miami 21 Code: Excerpt of Article 4, Table 3 of Miami 21 IC ode (DENSITY (KNITS PER ACRE) RESIDENTIAL ORMITORY HOME OFFICE LIVE - WORK LING BED & BREAKFAST OFFICE OFFICE COMMERCIAL FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL CIVIC CDMMUNI1 Y FACILI rY CIVIL SUPPORT COMMUNITY SUPPORT FACILITY MARINA PUBLIC PARKING TRANSIT FACILITIES EDUCATIONAL CHILDCARE ELEMENTARY SCHOOL LEARNING CENTER MIDDLE i HiGH SCHOOL PRE-SCHOOL RESEARC.I-I FACILITY r T4 R L 36 36 W R w w w w w w This zoning change from T4-R to T4-L would allow the Property to operate Offices; Food Service Establishments; General Commercial Uses; and Research Facilities by Right, where they were previously Prohibited. Additionally, this change would allow Bed & Breakfasts by Right where they previously required a Warrant. It is important to highlight these Uses due to the Residential nature of the Property's immediate surroundings. Rezoning this Property to T4-L would automatically allow the aforementioned Uses by Right where they previously were Prohibited, meaning there would be no public hearing or community outreach to ensure neighbors could voice support or opposition of these Uses. Page 4 of 10 Neighborhood Context photos: This photo was taken looking south on NE 50th St. The Property can be seen with the chain link fence and green covering with the trash cans in front of it. The neighboring parcel west of the Property is seen on the right with wood and chain link fence. Abutting the Property on the north side of NE 50th St is a one-story building with a residential use. The white building abutting to the west (or on the left) is a multifamily residential with 23 units. This image was taken from Google Street View in March 2020. The height of the fence in front of the one-story structure blocked view of the properties during the site visit. This photo is taken looking south from NE 50th St. The parcel abutting the Property to the west seen on the right with the wood and chain link fence is a residential use. This image was taken as a screengrab from Google Street View. This image shows the abutting property on the north side of NE 50th St from April 2013. The same two buildings seen in 2020 existed in 2013. The multifamily residential property on the left has added an awning and fence since 2013. The one-story building on the right has added a taller, more private fence and updated the paint color. Additionally, a tree has been removed from the public ROW in front of the one-story building. ThW submIttal needs to be scheduled for a public bearing In accordance wlth hmellnea set forth In the city, Wool Cole. The oppticztie decIslon-making body will reWewtlie Inbnm., at the public bearing to render a nmeeloon or min, decoon recnPZ e20.5933 10/02/20 Page 5 of 10 This photo was taken standing on NE 50th St in front of the Property looking west. The narrow right-of-way and on -street parking makes it difficult to see rest of the street is fronted with residential uses. This photo was taken as a screengrab from Google Street View. This photo is from May 2011 on NE 50' St looking west. The Property can be seen on the left (south side of NE 50th St). The residential uses remain mostly unchanged from 2011 to 2020. The most noticeable change from 2011 to 2020 is the increase in residential on -street parking. This photo was taken standing on the southwest corner of the intersection of NE 2nd Ave and NE 50th St looking north. The Subject Property is further west (left) out of frame of the image. Looking north, you can see commercial uses fronting NE 211d Ave. The pink building on the northwest corner of the intersection is a multifamily building with five dwelling units. The blue awnings on the pink building indicate these are the medical offices of Dr. Joel Henriquez Poliard, so while the existing land use of the building is multifamily low -density residential, it may actually have a mixed -use. albs submMal needs to be scheduled for a public bearing in accordance with timelines set forth In the City, Miami Code. The applicable decision -making body wit review the Inionnadon at t. public bearing to render a recae19nn PZ20-593/ The same view from the previous photo is seen in the photo above. This image was taken as a screengrab from Google Street View in June 2009; no images from 2011 were available. The same doctor's office is listed on the blue awning of the pink building. Major improvements to the corridor can be seen: sidewalks were widened; streets were repaved; crossings were made ADA-compliant; and bike lanes were added in 2016. The pink building north of the corner building with the blue awnings was updated with paint and new windows. 10/02/20 Page 6 of 10 Criteria for Rezoning In accordance with Article 7, Section 7.1.2.8.a, which states that zoning chang successionally, in which the zoning change may be made only to a lesser Transect Zon Transect Zone to a greater or lesser intensity. All changes shall maintain the goals of this Neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. recommendation for such a change, the request is considered and studied with regard to the cr identified in Article 7, Section 7.1.2.8.f. Criteria 1: Miami 21, Article 7, Section 7.1.2.8.f.1(a) The relationship of the proposed amendment to the goals, objectives 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 21 Code; and other city regulations. Analysis 1: Policy LU-1.1.3: "The City's coning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses,- ... Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations" 0 a NOTICE This submittal needs to be scbedu led for a public bearing in reortlanee ap timelines set forth In the City, KamI Cods. The appLkaide decision -making holy MII reiesvt�e. irdormation at Ibe public bearing to render a ', recommendation PZ v RFVfEW GO�� 10/02/20 Analysis for Criteria 1: The Property, as well as the surrounding properties along NE 2 Avenue were adjusted with the adoption of Miami 21 Code in 2010 reducing the density allowed from R-3 providing for 65 DU per acre and C-1 providing for 150 DU per acre to T4, under Miami 21, which allows up to 36 DU per acre, and the condition of the area hasn't changed since 2010. Illustration No. 4. Zoning classification under Zoning Ordinance 11000 R-3 To allow the requested rezoning, the Future Land Use (FLU) designation of the Property must be amended and changed from "Medium Density - Multifamily Residential" (MD -MR) to ''Medium Density - Restricted Commercial" (MD -RC) as it is requested in the companion item PZ-19-5935; however, there is no other MD - RC FLU designation in the vicinity, as it is shown in the Illustration below. Page 7 of 10 PVBLi L 0 Q. sly 9, NOTICE This...OW needs to be scheduled fir a sob. nearing in accordance wM 4sollace: set forth In the City of Mlaml Co.. The applicable decision -ma lane holy will reakwthe information at the pubic hearing to sender recommend. on or a final decid on. PZ-20-5933 j 10/02/20 'Pk -VIEW CO' Illustration No. 5. Future Land Use (FLU): existing and proposed designation, Site outlined in red Existing: Proposed: Med. Dens. -Multifamily Residential Med. Dens. Restricted Commercial Single Far, Res fgF 'afTit 5.7 AIL 41TI,..r red MDJOr P3JB FAC PUB:."FAC Introducing a new FLU designation in the area is not consistent with Policy LU-1.1.3, which states that the City's zoning ordinance provides for protection of all areas of the city from the encroachment of incompatible land uses. Changing the FLU and zoning would result in an encroachment of commercial uses into the residential neighborhood. As discussed earlier in this report, the zoning change would introduce a handful of non-residential Uses by Right where they were previously Prohibited. Finding Criteria 1: Inconsistent with Policy LU-1.1.3 of the Miami Comprehensive Neighborhood Plan (MCNP). Criteria 2: Section 7.1.2.8.f.1.b. "The need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary." Analysis for Criteria 2: In reviewing the submittal, staff could not find evidence of changes in the area that justify the proposed rezone. The boundaries of the zoning districts assigned to the properties fronting NE 2 Avenue and the properties to the west buffering the Residential T3-L district to the west have remained the same since Ordinance 11000. In analyzing Criteria 2 it is worth reiterating that the Property, as well as the surrounding properties along NE 2 Avenue were adjusted with the adoption of Miami 21 Code in 2010 reducing the density allowed from 65 and 150 DU per acre to 36 DU per acre, and the condition of the area hasn't changed since 2010. Page 8 of 10 Planning Department staff conducted a site visit in September 2020. The site visit ph detailed in the companion item PZ-20-5935. Staff took photos of the Property and im parcels. These photos were compared to historical images of the Property and surroundir Street View's archives ranging from 2009 to 2014. Some trees skewed property view 2014 imagery was used in those instances. The comparison of site visit images revealed t NE 50th St have mostly remained the same. Some fences have been added, trees remove on residential structures was observed. The most noticeable difference was the on -street par did not appear to exist in 2009 and 2011, but was observed in 2013. Overall, the residential neighb. ... as observed little changes from 2009 to 2020. While the residential neighborhood observed little changes, the NE 2nd Ave corridor did. Capital improvements were done to NE 2nd Ave in 2016. The corridor was repaved to include the following upgrades: ADA-compliant crossings, wider sidewalks, lamps, and bike lanes. In addition to these capital improvements, Archbishop Curley -Notre Dame High School (AKA Curley) closed after 60 years of operation in 2017 due to declining enrollment. Curley was a private Catholic school with an annual tuition of $10,000 according to the Archdiocese of Miami. When the school closed, students and staff were moved to Monsignor Edward Pace High School in Miami Gardens, FL. The former Curley campus was purchased in 2018 and another private school plans to open on the site. NOTICE lins subrhRtal needs b be scheduled fora public bearing in a¢o•dance wok lirrelina set forth lint, City , MintCala.TPe appllcatle declelen.mshmg milder New Me lnloaen nou at the pubic bearing to rcntler a rvonmendaHon or a Mal decision PZ-20-5933 10/02/20 Finding Criteria 2: In accordance with Article 7, Section 7.1.2.8 (f)(1)(b) of Miami 21 Code, the requested change in zoning is inconsistent. Criteria 3: Section 7.1.2.8.f.2. "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 Criteria 3: Section 7.1.2.8 (a) establishes that changes shall occur in succession, in which the zoning change 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. The requested change of zoning for the Property constitutes a successional rezone to the next higher Transect Zone, as depicted in the referenced table for successional zoning changes of Miami 21 Code, Sec. 7.1.2.8 (a) (3). In this case from "T4-R" General Urban Zone- Restricted to "T4-L" General Urban Zone -Limited. The Property is part of the belt of properties designated T4-R that provides buffering and transition to the western properties designated T3-L from the potential impact of the intensity of the NE 2 Avenue corridor and from the T4-L Transect Zone assigned to the eastern properties of the subject city block Finding Criteria 3: Pursuant to Article 7, Section 7.1.2.8.f.2 of Miami 21 Code, the request to rezone qualify to be accepted and analyzed, however has deemed inconsistent with the intent of Miami 21 Code to provide transition in intensity to the existing neighborhoods. F. CONCLUSION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings and the Applicant's submittal, the Planning Department recommends denial of the proposed rezoning from T4-R "General Urban Zone- Restricted" to T4-L "General Urban Zone -Limited" for the property located at 180 NE 50 Street, Miami. Jacqueline Ellis Chief of Land Development — Page 1 Staff Analysis Report No. PZ-19-5933 (180 NE 50 Street) Page 9 of 10 Jacqueline Ellis Chief of Land Development Ttiia su boat. needs to be scheduled fir a sob. nearing in accordance wM 4sollace: set forth In the City of Mlaml Co.. The applicable decision -ma lane holy will reakwihe adonokon at the pubic hearing to sender recommended on or a final decid on. PZ-20-5933 10/02/20 Page 10 of 10 AERIAL ePLAN ID: PZ-20-5933 REZONE rtAPJ NE 50TH TER 0 125 250 NE51STST� 500 Feet 1 This submittal needs to be scheduled fora public hearing in accordance wp timelines set form In the City of Miami Code. The applied He decision -making body will IMW Me information at the public hearing to render recommendation or a final decision. PZ-20-5933 ADDRESSES: 180 NE 50 ST MIAMI 21 (EXISTING) EPLAN ID: PZ-20-5933 REZONE 2 / T5-O r,,Zi/ NE 51STST Ar � j ////// / a�mi Jewish // Health SysOrA. AA. Special Area Plan A NEf50TH-TER 0 125 250 500 Feet 1 This submittal needs to be scheduled fora public hearing in ccordancep timelines set form In the City of a Miami Code. The applied He decision -making body will IMW Me Information at the pubic hearing to render recommendation or a final decision. ADDRESS: 180 NE 50 ST MIAMI 21 (PROPOSED) EPLAN ID: PZ-20-5933 REZONE 2 / T5-O r,,Zi/ NE 51STST Ar � j ////// / a�mi Jewish // Health SysOrA. AA. Special Area Plan A NEf50TH-TER 0 125 250 500 Feet 1 This submittal needs to be scheduled fora public hearing in ccordancep timelines set form In the City of a Miami Code. The applied He decision -making body will IMW Me Information at the pubic hearing to render recommendation or a final decision. ADDRESS: 180 NE 50 ST PLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related proj PROJECT INFORMATION Project Name: PZ-20-5933 Project Address: 180 NE 50 Street L APPLICANT INFORMATION Company Name: 4920 Operating, LLC Primary Contact: Iris Escarra, Esq. Email: escarrai@gtlaw.com Secondary Contact: Email: The Planning Department recommends denial to the change of zoning requested. Lead Staff: Sergio Garrido Principal Division: Land Development Email: sgarrido@miamigov.com This submittal needs to be scheduled fora public hearing in ccordancep hrneunes set form In the City of a Miami Code. The ppllra He decision -making body will I.EW the information at the pubic hearing to render recommendation or a final decision. PZ-20-5933 PROJECT DESCRIPTION Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114 (the "Miami 21 Code"), as amended, 4920 Operating, LLC(the "Applicant") requests a change of zoning for the property located at 180 NE 50 Street (the "Property") from T4-R "General Urban Zone- Restricted" to T4-L "General Urban Zone -Limited". Webs Link(s): HEPB n PZAB n UDRB n WDRC n City Commission n AIPP GRAPHIC(S) Existing Zoning Classification T5-K [ Proposed Zoning Classification [ [ 1 Proposed Zoning Classification Transect Zone(s): T4-R Commissioner District(s): D-5 NET office(s): Little Haiti NET 1 Department Director: Francisco Garcia Revision Date: 1/15/2020