HomeMy WebLinkAboutAnalysis and MapsCity of Miami
Planning Department
Division of Land Development
Applicant(s):
ANALYSIS FOR REZONING
PZAB File ID No. 3609
Alan I. Amdur, individually as the Attorney -in -Fact for the owners
of the properties described herein and as Manager of Riverwest
Miami, LLC, a Delaware limited liability company, the contract
purchaser of the properties described.
Location: Approximately 824, 826, 834, 842, 852, 860, 868, and 876
NW 1 Street, and 29 NW 9 Avenue, Miami, FL 33128
Commission District District 3 — Commissioner Joe Carollo
Net District Office: Little Havana NET
PLANNER: Sergio Garrido, Planner II
A. GENERAL INFORMATION, REQUEST, AND BACKGROUND:
APPLICANT: The Applicant is the contract purchaser and otherwise serves as the duly authorized
representative of the Subject Properties pursuant to the Power of Attorney affidavits provided as
part of the application.
REQUEST FOR REZONING: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as
amended, the applicant is requesting a rezoning of the properties located at approximately 824,
826, 834, 842, 852, 860, 868, and 876 NW 1 St., and 29 NW 9 Ave. (the "subject properties"), from
T5-O "Urban Center Transect Zone -Open" to "T6-8-O Urban Core Transect Zone -Open" as
depicted in "Table 1: FLU amendment and rezoning request".
SUBJECT PROPERTIES: The subject properties are comprised of nine contiguous parcels within
the Little Havana NET area. The properties are located on the northern row of the city block
bounded, by NW 1 Street to the north, NW
8 Avenue to the east, W Flagler Street to the
south, and NW 9 Avenue to the west.
The complete legal description of the subject
properties is on file with the Hearing Boards
Office, and also attached hereby for reference
as Exhibit A.
Illustration 1: Subject properties
1
W FLAGLER ST
•
Illustration 1 shows an aerial view of the subject
properties in context of the city block where they
are located.
City of Miami
Planning Department
Division of Land Development
BACKGROUND:
Under Zoning Ordinance 11000 the subject properties were zoned R-3 "Multifamily -Family
Residential", subsequently. On April 2010, upon adoption of Miami 21 Code, the subject properties
were rezoned to T4-R "General -Urban Transect Zone".
On January 25, 2018, pursuant to Ordinance 13738 the City of Miami City Commission adopted the
rezone of the subject properties from "T4-R" to "T5-O" Urban Center —Open- Transect Zone,
accepting a voluntarily proffered covenant, and granted a waiver for the 18 month waiting period for
successive rezoning, therefore this new rezoning application is not limited by this concept.
Illustration 2: Rezoning request
Current zoning designation
B. COMPREHENSIVE PLAN:
Proposed zoning designation
T4-R
6-8
T6-12-O
T6.8-0 'T6-8-R
.r
■ a R Y -f.. l;d f4ii�.I,L k'`'.'x--=—f—j-1__L_t.._Y i ■ y:..
7 T T6.12-0
The subject properties proposed to be rezoned from T5-O to T6-8-O have a Future Land Use
designation of Medium Density Restricted Commercial, which is inconsistent with the proposed
zoning classification. In consequence the companion item (File ID No. 3608) is requesting a Future
Land Use Map amendment by changing the Future Land Use designation of the subject properties
from Medium Density Restricted Commercial to Restricted Commercial.
Illustration 3, page 3, shows the subject properties with the current Future Land Use (FLU)
designation, as well as the requested change to match with the requested Transect Zone.
Table 1: "Future Land Use (FLU) amendment and rezoning request" show the requests on both
applications, as well as the lot size of the subject properties.
File ID#:3609
Page 2 of 7
City of Miami
Planning Department
Division of Land Development
Illustration 3: Current Future Land Use (FLU) change request
Current FLU designation
t.1aci ,.n. _r.
Resr. •.,.
1
tai
Medium De sityj
•',esCricled CoPamerc I
W FLAGLER ST
Restricted
CommercPal.
Proposed FLU designation
Medium Oensity
Multifamily
Residential
us
x
J'V+. ST ST
W FLAGLER ST
C
Rest icled
Commercial
Table 1: Future Land Use (FLU) amendment and rezoning request
Folio
Address
Area
FLU designation
Zoning classification
Sq ft
Current
Request
Current
Proposed
1
0141380033070
824 NW 1 St
7,500
Medium
Density
Restricted
Commercial
Restricted
Commercial
T5-0
T6-8-0
2
0141380033080
826 NW 1 St
7,500
3
0141380033090
834 NW 1 St
7,500
4
0141380033100
842 NW 1 St
7,500
5
0141380033110
852 NW 1 St
7,500
6
0141380033120
860 NW 1 St
7,500
7
0141380033130
868 NW 1 St
5,000
8
0141380033140
29 NW 9 Ave
5,000
9
0141380033150
876 NW 1 St
5,000
Total
60,000 sq.ft
=1.38 ±acre
C. ANALYSIS:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting the
rezoning of the properties located at approximately 824, 826, 834, 842, 852, 860, 868, and 876 NW 1
St, and 29 NW 9 Ave., from T5-O "Urban Center Transect Zone -Open" to T6-8-O "Urban Core Transect
Zone -Open."
File ID#:3609
Page 3 of 7
City of Miami
Planning Department
Division of Land Development
As shown in Illustration 4, the applicant is in control of 20 out of 21 parcels of the city block where the
subject properties are located.
Illustration 4: Properties in control of the applicant
Other
properties in
control of the
applicant
The T6-8-O Transect Zone requested allows for similar Uses than T5-O, with higher density, height and
development capacity. The only difference is provided by the possibility to create a "Regional Activity
Complex" which is not contemplated by the applicant.
Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code
Density (Units per acre)
Civic
Community Facility
Recreational Facility
Religious Facility
Regional Activity Complex
T5-O
65
4
4
T6-8-O
150
W
R
R
E
In addition to the increases in height, development capacity, and FLR and height bonuses provided by
T6-8-O in comparison to T5-O, as shown in Table 3, some other design and density benefits can be
obtained by qualifying the project as Affordable and/or Senior Housing, and Workforce Housing, as
defined and limited by Section 1.2, Article 1 of the Miami 21 Zoning Code.
File ID#:3609
Page4of7
City of Miami
Planning Department
Division of Land Development
Table 3: Excerpt of
Article 4, Table 2:
Miami 21 Summary
it{i
Flii {il+ ��
im Pi r;i. t
T5
T6-8
Ur20AM coat sow
LOT OCCUPATION
ui213A01 CENTER ZONE
a. Lot Area
1,200 s.f. - 40,000 s.f."
5,000 sf. min
40,000 s.f. max."
b. Lot Width
16 ft min 150 ft_ min."
50 ft min
c_ Lot Coverage
80% max_
80% max_"
d. Floor Lot Ratio {PLR)
5 / 25% additional Public
Benefit'"'
e. Frontage at front Setback
70% min.
10% min.
f. Green/ Open Space Requirements
10% Lot Area ruin.
10% Lot Area rein.
g. Density
65 du/acre max.
150 du /acre "
BUILDING SETBACK
a. Principal Front
10 ft_ min.
10 ft. min.
b_ Secondary Front
10 ft. min.
10 ft. min.
c_ Side
0 ft. min."
0 ft_ min."
d_ Rear
0 ft, min."'
0 ft min "
BUILDING WEIGHT (Stories)
a. Principal Building
2 min.
5 max_
2 min.
8 max.
b. Outbuilding
c. Benefit Height
Abutting 76, Ta & T4 only
1 max."
4 max"
* Or as modified in Diagram 9
** Note: Refer to Article 5 for Specific Transect Zone Regulations
*** Note: Bonus shall not be available for T6 properties abutting T3 properties (refer to Article 3)
The additional benefits mentioned, may be granted for the intended development given the applicant
has voluntarily proffered a Declaration of Restrictive Covenants (DORC) providing that the residential
Use of the project to be developed shall be restricted and limited for use as Affordable and/or Senior
Housing, and Workforce Housing, as defined and limited by Section 1.2, Article 1 of the Miami 21
Zoning Code, as amended, and by any successor Zoning Ordinance of the City, as applicable.
File ID#:3609
Page 5 of 7
City of Miami
Planning Department
Division of Land Development
The final magnitude of the benefits will be determined and measured only with a fine tuned
development proposal.
The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8
(a)(3) & (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: Zoning changes 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, and in a manner which maintains the
goals of the Miami 21 Code to preserve Neighborhoods and to provide
transitions in density, and building heights.
Analysis #1: The rezoning requests from T5-O to T6-8-O is considered successional to the
next higher Transect Zone.
Finding #1:
The requests comply with the Code requirement to apply for a rezoning.
Criteria #2: Pursuant to Miami 21 Code, 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 #2:
Finding #2:
Criteria #3:
Analysis #3:
The application for the proposed rezoning complies with two of the lot size
criteria for rezoning required by Miami 21 Code.
The request involves more than forty thousand (40,000) square feet of land
area and provides for more than two hundred (200) feet of street Frontage on
one (1) street.
The rezoning requests as presented comply with the Code requirement to apply
for a rezoning.
Miami 21 Code intent: Transitional Density, intensity and Uses, impact on
surrounding areas.
Sec. 2.1.2 (a)(2): Improving the relationship between low Density Residential
neighborhoods and adjacent Commercial Corridors with appropriate transitions
of Density and Height following the theory of the Transect.
The current zoning designation provides a transition south to north, and east
to west going from T6-12-0 (150 DU/acre) to T5-O (65 DU/acre) to T4-R (36
DU/acre). The proposed rezoning will eliminate the transition in density,
File ID#:3609
Page 6 of 7
r.
intensity and height, providing T6-12-0 (150 DU/acre) to T6-8-O (150
DU/acre) to T4-R (36 DU/acre).
Finding #3: This request for rezoning from T5-O to T6-8-O is inconsistent with the principle
of transitional zoning provided by Miami 21 Code.
D. COVENANTS:
The applicant has voluntarily proffered a Declaration of Restrictive Covenants (DORC) providing for
the following:
1. The residential use shall be restricted and limited for Affordable and/or Senior Housing, and
Workforce Housing, as defined and limited by Section 1.2, Article 1 of the Miami 21 Zoning
Code, as amended, and by any successor Zoning Ordinance of the City, as applicable.
2. A monetary contribution to be further defined, towards the Affordable Housing Trust Fund of
the City of Miami.
Although the DORC does not collide with the Miami 21 principles, the content and provisions does
not constitute part of the criteria for Planning Department analysis, therefore was not considered on
the conclusion and recommendations provided.
E. CONCLUSION:
Based on the aforementioned findings described herein, the compliance with Miami 21 Code and
benefit to the immediate neighborhood and city wide, the Planning Department considers the
applicant's proposal inappropriate for the rezoning of the subject properties from T5-O to T6-8-O.
F. RECOMMENDATION:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, and based on the
aforementioned findings, the Planning Department recommends denial of the proposed rezoning
from T5-O to T6-8-O for the subject properties.
Jacqu-line IFis
Chief •f : nd Development
File ID#:3609
Page 7 of 7
AERIAL
FILE ID: 3609
REZONE
ADDRESSES: 824, 826, 834, 842, 852, 860, 868,
876 NW 1 STAND 29 NW 9 AV
0 137.5 275
550 Feet
1
Transit Corridor Buffer
Transit Corridors
N
125 250
MIAMI 21 (EXISTING)
FILE ID: 3609
REZONE
NW ST
/NW 1ST'ST
500 Feet
ADDRESSES: 824, 826, 834, 842, 852, 860, 868,
876 NW 1 STAND 29 NW 9 AV
MIAMI 21 (PROPOSED)
FILE ID: 3609
REZONE
NW2ND ST
Transit Corridors /
Air Arr A /S7S
A AI°
Transit Corridor Buffer
N
0 125 250
500 Feet
ADDRESSES: 824, 826, 834, 842, 852, 860, 868,
876 NW 1 STAND 29 NW 9 AV