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HomeMy WebLinkAboutAnalysis and MapsCity of Miami Planning Department This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body NOR rodew the information at the pubc hearing to render a recommendation or a final decla on. PZ-23-16927 02/02/24 ANALYSIS FOR REZONING Staff Analysis Report No. PZ-23-16927 Addresses 860, 852, 842, 834, and 826 Northwest 1 Street and 821 West Flagler Street Folios 01-4138-003-3120, 01-4138-003-3110, 01-4138-003- 3100, 01-4138-003-3090, 01-4138-003-3080, and 01- 4138-003-3221 Area 47,000 sq. ft. (1.078 ac) Commission District District 3 Commissioner Joe Carollo Commissioner District Office Little Havana Existing Miami 21 Designation "T5-O" Urban Center Transect Zone — Open and "T6-12-0" Urban Core Transect Zone — Open Proposed Miami 21 Designation "T6-8-O" Urban Core Transect Zone — Open and "T6-12-0" Urban Core Transect Zone — Open Planner Maxwell Utter, Planner II; mutter@miamigov.com Property Owner Brookstone 805 Flagler LLC Representative Melissa Tapanes, Esq. mtapanes@brzoninglaw.com Recommendation Denial A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, Melissa Tapanes, Esquire, on behalf of Brookstone 805 Flagler, LLC, (the "Applicant"), requests a change in zoning classification from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone- Open for the properties located 860, 852 ,842, 834, and 826 Northwest 1 Street and from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open for the northern 45 feet of the property located at 821 West Flagler Street, Miami, Florida (collectively the "Property.") Concurrently, the Applicant is requesting to change the Future Land Use Map (FLUM) designation from "Medium Density Restricted Commercial" to "Restricted Commercial" (PZ-23-16911), see Table 1. Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 1 01 /31 /2024 This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde.The appticd de decision -making bodywill rewew the information at the public hearing to render a recommendation or a final decision. Address Folio Area Existing Zoning Proposed Zoning 860 Northwest 1 Street 01-4138- 003-3120 7,500 sq. ft. (0.172 ac) T5-O T6-8-O 852 Northwest 1 01-4138- 7,500 sq. ft. (0.172 ac) T5-O T6-8-O Street 003-3110 842 Northwest 01-4138- 7,500 sq. ft. (0.172 ac) T5-O T6-8-O 1st Street 003-3100 834 Northwest 01-4138- 7,500 sq. ft. (0.172 ac) T5-O T6-8-O 1st Street 003-3090 826 Northwest 01-4138- 7,500 sq. ft. (0.172 ac) T5-O T6-8-O 1st Street 003-3080 821 West Flagler 01-4138- 9,500 sq. ft. (0.218 ac) T6-12-0 T6-12-0 and Street 003-3221 and T6-8-O T5-O Total 47,000 sq. ft. (1.078 ac) Table 1: Summary of the Existing and Proposed FLU Designations and Zoning Designations for the Subject Property B. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Miami 21, as amended, the Planning Department recommends Denial for the requested change in zoning classification based upon the facts and findings in this staff report. C. PROJECT BACKGROUND Property History Under the previous 11000 zoning code, the Property was zoned "R-3" Multifamily - Medium - Density Residential and "C-1" — Restricted Commercial. Upon the adoption of the Miami 21 , the Property was zoned "T4-R" General Urban Transect Zone — Restricted. The Property was subsequently rezoned from "T4-R" General Urban Transect Zone — Restricted to "T5-O" Urban Center Transect Zone — Open during the City Commission meeting on January 25th, 2018, as specified in Ordinance 13738. As a part of the previous rezone, the Applicant Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 2 01/30/2024 This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code.The applica de decision -making body will review the information at the public hearing to render a recommendation or a final decision. proffered a Covenant that contributed $500,000.00 as a funding source to improve the affordable housing stock within the City's jurisdictional boundaries to be paid by the Applicant to the City's Affordable Housing Trust Fund for expenditure in District 3 or for later re -appropriation for a City department or agency to address affordable housing needs in District 3 Covenant The Applicant has voluntarily proffered a Covenant for a one-time payment to the City of $1,900,000.00 to support the improvement of public parks in Commissioner District 3 based on the boundaries as of January 1, 2024. Adjacent Properties and their associated Land Use designations, Transect Zones, and Existing Uses Based on the surrounding existing Uses, refer to Table 2, the Applicant's northern and western abutting properties are predominantly residential. To the south, are vacant lots. To the east is a parking lot and residential building. SURROUNDING USES Miami 21 MCNP / Density Existing Use North "T4-R" — General Urban Transect Zone — Restricted Medium Density Multifamily Residential Multi -Family Low Density Residential and Single -Family Medium Density Residential South "T6-12-0" Urban Core Transect Zone - Open Restricted Commercial Sales and Services / Vacant East "T5-O" — Urban Center Transect Zone — Open and "T6-8-O" — Urban Core Transect Zone — Open Restricted Commercial Sales and Services West "T6-8-O" — Urban Core Transect Zone — Open Medium Density Restricted Commercial and Restricted Commercial Duplex Residential and Single -Family High Density Residential Table 1: Surrounding Uses Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 3 01/30/2024 lo QueLrc49 Al, y\ 4 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render a recommendation or a final decision. J, PZ-23-16927 44, 02/02/24 <C Site Location The Property directly fronts Northwest 1 Street to the north and West Flagler Street to the south. The Property consists of six (6) parcels with an approximate area of 47,000 sq. ft. (1.078 acres). Five (5) of the parcels are vacant and one (1) has a Single -Family Residential building constructed circa 1915. The aerial image below shows the site, outlined in red, and the immediately surrounding context. Figure 1: Aerial Photo of Subject Site (red outline) Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 4 01/30/2024 ,co Qu81..rcy\ 4 NOTICE This submittal needs to be schedu led fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render a recommendation or a final decision. J, PZ-23-16927 44, 02/02/24 <C VI l:w CO'. D. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) The Property has an existing, underlying FLU designation of "Medium Density Restricted Commercial", which is defined by the MCNP as: Areas designated as "Medium Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Medium Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Medium Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. The Applicant is seeking to change the existing, underlying FLU designation to "Restricted Commercial," which is defined by the MCNP as: Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs ofthe public, typically requiring easy access by personal auto, and often located along arterial or Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 5 01/30/2024 V© `11Y f1p,f pueo 11 4- 4 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica We decision -mating body will renew the information at the pubic hearing to render a recommendation or a final decision. PZ-23-16927 02/02/24 44, RSV! Ew COQ collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Intensity Preservation Area allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Nonresidential floor area is the floor area that supports nonresidential uses within the inside perimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open-air corridors, porches, balconies, and roof areas. Miami 21 Code The Applicant is requesting a change in the zoning classification of the Property from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open, see Figures 2 and 3. Per Article 4 Table 3, the Uses allowed in "T5-O" Urban Center Transect Zone — Open zoning classifications are almost identical to Uses allowed in "T6-8-O" Urban Core Transect Zone — Open zoning classifications, except for the Uses listed in Table 3. Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 6 01/30/2024 ,co Quetrcy\ �4° `11Y f1p,T .13 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. J, PZ-23-16927 44, 02/02/24 <C c5 J L__J , CS _— — n„sno..T ,_ _ — T68-0- -I - R --- T6.a.R —T4-R T6�-R - — - — N T S_ 1 T6- -0 T5-0 ■ II �zr` baFl zf,I.P 4. 4-1 T6 12-0 T6 12-0 q n • — 5'h 9191 N SW rsis: N.. . i I : r I I Figure 2: Miami 21 Transect Zone (Existing) Figure 3: Miami 21 Transect Zone (Proposed) Current Zoning Proposed Zoning T5-O Urban Center Transect Zone — Open T6-O Urban Core Transect Zone — Open DENSITY (UNITS PER ACRE) 65 150 COMMERCIAL AMUSEMENT RIDE E CIVIC REGIONAL ACTIVITY COMPLEX E Table 3: Building Function: Allowable Uses — Current vs. Proposed Zoning Classifications Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 7 01/30/2024 4 PU$o '-N to 411 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating bodywill renew the information at the public hearing to render a recommendation or a final decision. PZ-23-16927 02/02/24 44, ReVI EW COQ Rezone Criteria Criteria 1: Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8(f.) (1.) (a.): "The relationship of the proposed amendment to the goals, objectives, and policies of the [MCNP], with appropriate consideration as to whether the proposed change will further the goals, objectives, and policies of the [MCNP]; the Miami 21 Code; and other city regulations." Analysis 1: • Land Use Objective 1.3 The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well- designed, mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). o The proposed change in zoning classification allows an increased Floor Lot Ratio for non- residential development, an increase in density for residential development, and is therefore consistent with the MCNP. • Policy LU 1.1.7 Land development regulations and policies will allow for the development and redevelopment of well - designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. Rezoning can help with development of well -designed mixed- use neighborhoods as mentioned. o The Property is currently within a mixed -use neighborhood. Additionally, the location of the property near West Flagler Street makes the Project site a walkable area and amenable to a variety of transportation modes. The development standards from the proposed change in zoning classification are generally related to intensity and Building Height. Therefore, the change in zoning classification would not have a positive effect on the character of the neighborhood and is inconsistent with the MCNP. • Land Use Policy 1.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 8 01/30/2024 4 PUeo '-N to NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. PZ-23-16927 02/02/24 44, ''VIEW CO shopping, housing, and recreation in close proximity to each other. o The Property is in an area that has a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. The proposed change in zoning classification would increase the allowable FLR, intensity, and Building Height, but would not change the overall development pattern, and is therefore inconsistent with the MCNP. Finding 1:. While there are MCNP Goals, Policies and Objectives that support the rezoning of the Property the underlining Future Land Use Map does not support "T6-8-O" Urban Core Transect Zone. Additionally, there are Land Use Element Policies that do not support the rezoning the Property and as such the application is inconsistent with Criteria 1. Criteria 2: Pursuant to Miami 21 Code, Article 7, 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 2: Examining the zoning history of the Property and nearby areas, the Property was rezoned from "T4-R" General Urban Transect Zone — Restricted to "T5-O" Urban Center Transect Zone —Open by the City Commission on January 25, 2018 through the passing of Ordinance 13738. Since the adoption of Miami 21, two (2) additional rezones have occurred within 1/2 mile of the property; Ordinance 14203, passed during the July 27, 2023, City Commission meeting, and Ordinance 13490, passed at the City Commission meeting on November 20, 2014. These rezones represent roughly 1.1% of all parcels within the referenced area. Moreover, the 2020 U.S. Census indicates that the census block has seen a decrease in population in the past 10 years. The majority of the population growth in the City of Miami is concentrated east of the Miami River, where the population has grown from 20% to more than 150% depending on census block. The location of the Property presents the opportunity to extend that population growth away from the Urban Central Business District, but the current population growth patterns indicate a migration out of the area towards the downtown center. While there haven't been significant changes in population or zoning classification in the area in the past decade, Miami Dade County recently started the "Better Bus Network", which increases bus frequency along West Flagler Street from once every 30 minutes to once less than every 15 minutes. A change in zoning classification can make the area a more desirable place to live, potentially reversing the population decline. Finding 2: Consistent Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 9 01/30/2024 4 PUeo 411 G 0 4- a. NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the public hearing to render a recommendation or a final decision. PZ-23-16927 02/02/24 44, ''VIEW CO ■E MC Lsl3�Rl�rj':.EI . :1 g Will■! =NC I_IIIIIm NNE 11III�� Milli i 111111E 2111 111111E 1111 IIII1l!' Property Rezoned Not Rezoned JIa n ,712111113 13490 RIME 51111E=�lilili '_Ta r I'! SMILE !111I1111■ ■1■l Ili MOM !MINNIN ■■M ■ !' ■II■■�II II■■Ill sumo ■■11�111 III,I, l in: !IlhIf 1011111111Elioull 1111111111 ■__ -- =s _ III! E!!1119 1II11r .l�i•INN .-- ILIIIN! _,�I��r♦urr�r�mO�u■■t•a•t•a•t• IO - a�r•� Figure 4: Rezone History Criteria 3: Pursuant to Miami 21 Code, Article 7, 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." Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 10 01/30/2024 4 PU$/f 411 NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information at the public hearing to render a recommendation or a final decision. PZ-23-16927 02/02/24 44, ''VIEW CO Analysis 3: While the proposed change in zoning classification is to the next intensity of transect zone, and therefore meets successional requirements, it does not meet transition requirements from the perspective of Building Height. Based on the Miami 21 development standards for the existing and proposed zoning classifications, the maximum allowable Building Height as a result of the proposed change in zoning classification is twelve (12) stories. This is in contrast with the six (6) stories allowed for the remaining "T5-O" Urban Center Transect Zone properties on the block. The potential six (6) story difference in Building Height that could result would not create an appropriate transition in Building Height within the block if the block was developed over several years. This could be made consistent if the zoning classification was changed to "T6-8-O" for the entire block. Additionally, the height would contract with the three (3) stories in the "T4-R" General Urban Transect Zone district to the north. The additional height and massing created by the "T6-8-O" Urban Core Transect Zone — Open would impede on the existing character of the Neighborhood. As there are two (2) additional uses permitted by the process of Exception at the Property in the event of a change in zoning classification, the inappropriate change in Building Height and massing is the primary reason for inconsistency. Current Zoning Proposed Zoning T5-O Urban Center Transect Zone — Open T6-O Urban Core Transect Zone — Open DENSITY (UNITS PER ACRE) 65 150 Coverage 80% = 37,000 sq. ft. 80% = 37,000 sq. ft. FLR None (6 per MCNP) 5 (7 per MCNP) Height 5 Stories Max (+1 story abutting a D1 and with participation in the Public Benefits Program) 8 Stories Max (+4 stories abutting Transect Zones except T3 and with participation in the Public Benefits Program) Density 65 du/ac 70 units allowed on Property 150 du/ac 161 units allowed on Property Street Frontage Width 70% min 70% min Maximum Lot Area 40,000 s.f. max 40,000 s.f. max Building Setback (Rear) 0 ft. min 0 ft. min.; 30 ft. min. above 8th story Table 4: Excerpt from Illustration 5.5 Urban Center Transect Zone and Illustration 5.6 Urban Core Transect Zone showing the difference in development standards between "T5-0" and T6-8-0"zoning classifications. Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 11 01/30/2024 10 PueLicy\ ��© «0 f1e'4 �o Gsa y Q. NOTICE GI This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. J, PZ-23-16927 44, 02/02/24 <C Finding 3: Inconsistent Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 12 01/30/2024 This submittal needs to be scheduled for a public hearing in accordance with bmellnes set forth in the City of Miami Code.The applica de decision -making body will review the information at the pubdc hearing to render a recommendation or a final decision. E. CONCLUSION Due to the inconsistency of the proposed rezoning from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open for the properties located 860, 852 ,842, 834, and 826 Northwest 1 Street and from "T5-O" Urban Center Transect Zone — Open to "T6-8- 0" Urban Core Transect Zone — Open for the northern 45 feet of the property located at 821 West Flagler Street, with the above criteria, the Planning Department recommends Denial based on the facts and findings in this staff report. DocuSigned by: V t1 SVtOW 77D014848CA8466.., David Snow Interim Planning Director DocuSigned by: S ,t- Sf .-it/u v "- 3A75CAC5AF7E446_. Sevanne Steiner, CNU-A Assistant Planning Director 1DocuSigned by: 1449,wat Ufft,r 516A5D957573427... Maxwell Utter Planner II Staff Analysis Report ePIanPZ No. PZ-23-16927 860 NW 1 ST Rezoning Application Page 13 01/30/2024 AERIAL EPLAN ID: PZ-23-16927 REZONE ADDRESS(ES) : 826,834,842,852,860 NW 1 ST, 821 W FLAGLER ST 0 125 250 500 Feet 1 This submittal needs to be scheau lee fora public healing In accordance wilts timelines set forth in the City of Miami Cede. The applicxde decision -making body will review the Information at the public hearing to render a recommendation or a final tecia on. PZ-23-16927 01/24/24 MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-23-16927 REZONE ADDRESS(ES): 826,834,842,852,860 NW 1 ST, 821 W FLAGLER ST 0 125 250 CS 1- 500 Feet W FLAGLER ST ThIs submittal needs to be schedu led fora pubic hearing In accordance wiHi hmellnee set forth in the City of Miami Code. The applicxde decision -making body will review the information at the public hearing to render a recommendation or a final tlecivon. PZ-23-16927 01/24/24 T6 -12- 0 SW 1ST ST Al MIAMI 21 ATLAS (PROPOSED) EPLAN ID: PZ-23-16927 REZONE ADDRESS(ES): 826,834,842,852,860 NW 1 ST, 821 W FLAGLER ST 0 125 250 CS 500 Feet -T4-R SW 1ST ST T6-8-O ThIs submittal needs to be scheduled fora public hearing In accordance wiHi hmellnee set forth in the city of Miami Code. The applicxde decision -making bodywill review the information at the public hearing to render a recommendation or a final decivon. PZ-23-16927 01/24/24 T6-8-R