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City of Miami
Planning Department
NOTICE
this submMal needs to to scheduled fora public hearing
In accordance wlUl7 mellnee set forth in the City of
Miami Code. The applicade decision -making body will
review the information at the public hearing to render a
recommendation or a final decal on.
PZ-23-16861
09/12/23
STAFF ANALYSIS FOR
COMPREHENSIVE PLAN AMENDMENT
Staff Analysis Report No.
PZ-23-16861
Location
171 NE 42 ST
Area
0.11 ac (5,000 SF)
Commission District
D-5 Commissioner Christine King
Commissioner District
Office
Little Haiti
Existing FLU
Designation
Medium Density Multi -Family Residential
Proposed FLU
Designation
Commercial Recreation
Property Owner
David Amor and Graciela Amor
0619amor@gmail.com 1786.251.5584
Project Representative
Arthur Noriega, City Manager, City of Miami
planninq@miamigov.com 1305.416.1400
Planner
Andrea Sandoval, Planner II
andreasandoval@miamigov.com
Recommendation
Approval
REQUEST
Pursuant to Policy LU-1.6.4 of the Miami Comprehensive Neighborhood Plan ("MCNP"), Arthur
Noriega, City Manager, City of Miami ("the Applicant") is requesting an amendment to Ordinance
No. 10544, the Future Land Use Map ("FLUM") of the MCNP to change the designation of the
property at 171 Northeast 42 Street, Miami, FL ("the Property") from "Medium Density
Multifamily Residential" to "Commercial Recreation." The proposed amendment contains
approximately 0.11 Acres. Small-scale comprehensive plan amendments are those that involve
less than 10 acres of property and are subject to the Small -Scale Review Process, as set forth in
Section 163.3187, Florida Statutes.
Concurrently, the Applicant is requesting a change to the Miami 21 Zoning Atlas as a companion
item (ePlan ID: PZ-23-16589). The companion application seeks to change the Property's zoning
designation from "T3-O" Sub -Urban Transect Zone —Open to "CS" Civic Space Zone.
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 1
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Summary of the Existing and Proposed FLU Designations and Zoning
Designations
Address
Property Size
Existing FLU
Proposed FLU
Existing Zoning
PZoniropongsed
171 NE 42 ST
5000 sq ft
(0.11 ac)
Medium Density
Multi -Family
Residential
Commercial
Recreation
"T3-O" Sub-
Urban Zone
Open
CS"
Civic Space
The Property is located within the historic Buena Vista East District. The Property consists of one
parcel with an approximate area of 5,000 square feet (about 0.11 acres). The aerial image below
shows the site, outlined in red, and the immediately surrounding context.
Figure 1: Aerial Photo of Subject Site
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 2
08/24/2023
This submittal needs to be scheduled fora public hearing
in cord ance with timelines Set forth in the City of
Miamc Cede.The applica de decision -making bodywill
review the information at the public hearing to render a
recommendation or a final decision.
PZ-23-16861
09/12/23
EXISTING FUTURE LAND USE DESIGNATION
The Subject Property currently has a Future Land Use Designation of Medium Density Multi -
Family Residential. The primary intent of Medium Density Multi -Family Residential is the
allowance of residential structures up to a maximum density of 65 dwelling units per acre. Below
is the excerpt from the MCNP that defines the Medium Density Multi -Family Residential FLU
Designation.
Areas designated as "Medium Density Multifamily Residential" allow residential structures
to a maximum density of 65 dwelling units per acre, and maximum residential density may
be increased by up to one hundred percent (100%), 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.
Supporting services such as community -based residential facilities (14 clients or less, not
including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to
applicable state law; community -based residential facilities (15-50 clients) and day care
centers for children and adults may be permissible in suitable locations.
Permissible uses within medium density multifamily areas also include commercial
activities that are intended to serve the retailing and personal services needs of the
building or building complex, small scale limited commercial uses as accessory uses,
subject to the detailed provisions of applicable land development regulations and the
maintenance of required levels of service for such uses, places of worship, primary and
secondary schools, and accessory post -secondary educational facilities.
Professional offices, tourist and guest homes, museums, and private clubs or lodges are
allowed only in contributing structures within historic sites or historic districts that have
been designated by the Historical and Environmental Preservation Board and are in
suitable locations within medium density multifamily residential areas, pursuant to
applicable land development regulations and the maintenance of required levels of service
for such uses. Density and intensity limitations for said uses shall be restricted to those of
the contributing structure(s).
The parcels immediately North and West of the Property also have the Medium Density
Multifamily Residential FLU Designation. To the East and South, the Property abuts sites with a
Restricted Commercial Designation.
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 3
08/24/2023
This submittal needs to be scheduled fora public hearing
in cord ance with timelines Set forth in the City of
Miamc Cede.The applicade decision -making bodywill
review the information at the public hearing to render a
recommendation or a final decision.
PZ-23-16861
09/12/23
PROPOSED FUTURE LAND USE DESIGNATIONS
Commercial Recreation
The proposed designation of Commercial Recreation allows the following:
This land use designation only allows privately -owned recreation uses open to the public
or to private groups.
The maps below show the existing and proposed future land use designations for the subject
property.
Existing and Proposed Future Land Use Designation for the Subject Property
Figure 3: Existing FLUM
Figure 2: Proposed FLUM
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 4
08/24/2023
This submittal needs to be scheduled fora public hearing
in cord once with timeline; set forth in the City of
Miamc Cede.The applica de decision -making bodywill
review the information at the public hearing to render a
recommendation or a final decision.
PZ-23-16861
09/12/23
NEIGHBORHOOD CONTEXT-SOCIODEMOGRAPHICS
Planning Department Staff retrieved data from the US Census Bureau's American Community
Survey (ACS) to analyze the sociodemographic of the area surrounding the Subject Property.
Staff utilized the 2017-2021 ACS 5-Year Estimates and observed various data points for Census
Tract 22.01. The table below shows the various data points for both the Census Tract and City of
Miami.
Topic
Census Tract 22.01
City of Miami
Population
3,081
440,807
Households
1,068 occupied houses,
1,213 total houses
181,597 occupied houses,
211,084 total houses
Ave Household Size
2.57
2.38
Owner -occupied Housing
323 (26.6%)
54,522
Renter -occupied Housing
745 (61.4%)
127,075
Vacant
145 (12.0%)
29,487
Median Household Income
$65,162
$47,860
Median Home Value
$492,900
$369,100
Median Gross Rent
$1,788
$1,361
0 Vehicle Households
56 (5.24%)
31837 (17.5%)
Source: U.S. Census Bureau Census Tract 22.01 American Community Survey (5-year estimates).
NEIGHBORHOOD CONTEXT: GEOSPATIAL ANALYSIS
Southern Boundary: The Miami Design District Special Area Plan ("DD SAP") is located
immediately south of the Property. There is an attractive greenspace and landscaped buffer
between the Design District and Buena Vista consisting of the ICA sculpture garden, then going
east a landscaped greenway on the south side of 42nd Street, bordering Paradise Plaza in the
Design District, leading to the proposed Mini -Park.
Eastern Boundary: To the east of the Property is the Buena Vista East Historic neighborhood.
Immediately east of the Property lots are also owned by affiliated entities of the Owner which are
slated for high -end commercial development.
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 5
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Northern Boundary: To the north of the Property is the Buena Vista East Historic neighborhood.
Western Boundary: Similarly, to the west of the Property is the residential neighborhood of
Buena Vista East.
SITE PHOTOS
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 6
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 7
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 8
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 9
08/24/2023
This submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Code.The applicable decision-rna king body will
review the information at the public hearing to render
recommendation or a final decision.
PZ-23-16861
09/12/23
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 10
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 11
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 12
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 13
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 14
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 15
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
Concurrency Analysis
The Planning Department tested levels of service as required for this application. The Levels of
Service (LOS) testing is based on a potential increase in population. For this request, residential
density would be eliminated under the proposed FLU designation. Because no residential density
would be generated, the only concurrency testing required is for Transportation.
Schools
School Concurrency testing is not required because the request reduces density from 18 du/ac
to zero.
Recreation and Open Space
Recreation and Open Space concurrency testing is not required because the request reduces
density from 65 du/ac to zero.
Potable Water
Potable Water concurrency testing is not required because the request reduces density from 65
du/ac to zero.
Sanitary Sewer Transmission
Sanitary Sewer Transmission concurrency testing is not required because the request reduces
density from 65 du/ac to zero.
Solid Waste Collection
Solid Waste Collection concurrency testing is not required because the request reduces density
from 65 du/ac to zero.
Transportation
The MCNP has updated its LOS standards for the City with the most recent update of the
Transportation Element. In the August 2023 concurrency review for this application, the Office of
Capital Improvements acknowledged that the proposal would increase approximately 40 daily
trips and 20 P.M. peak hour trips. Based on the preliminary analysis for transportation
concurrency, a traffic study may be required at the time of development.
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 16
08/24/2023
This submRtal needs to be scheduled for a public hearing
In accord ancC with timelines Set forth in the City of
Miami Code.The applicable decision -making bodywill
review the information at the public hearing to render a
recommendation or a final decision.
PZ-23-16861
09/12/23
COMPREHENSIVE PLAN ANALYSIS
The following is an analysis of the application relative to the Goals, Objectives, and Policies of
the MCNP.
Criteria 1
Policy LU-1.6.4: "Any proposal to amend the City's Zoning Atlas that has been
deemed to require an amendment to the Future Land Use Plan Map by the
Planning Department, shall require a level of service (LOS) review and a
finding from the Planning Department that the proposed amendment will not
result in a LOS that falls below the adopted minimum standards described in
Policy CI-1.2.3, and will not be in conflict with any element of the MCNP.
Based on its evaluation, and on other relevant planning considerations, the
Planning Department will forward a recommended action on said amendment
to the Planning Advisory Board, which will then forward its recommendation to
the City Commission."
Analysis 1
School concurrency is not required because the request reduces density from
65 DU/AC to 0 DU/AC.
Recreation and Open Space concurrency is not required because the request
reduces density from 65 DU/AC to 0 DU/AC.
Potable Water, Sanitary Sewer Transmission, and Solid Waste Collection
concurrency testing is not required because the request reduces the density
from 18 DU/AC to 0 DU/AC.
Staff with Resilience & Public Works analyzed the application for
Transportation LOS and found that the proposed FLR and density have the
potential to result in an increase of approximately 40 daily trips and 20 P.M.
peak hour trips of the proposed Public Parks and Recreation FLU designation.
All concurrency analyses are attached separately. See Attachment 1.
Finding 1
Staff finds the request consistent with Policy LU-1.6.4.
Criteria 2
Policy PR-1.1.2: "The City will focus on park land acquisition according to the
following four equal priorities that emerged from community preferences during
the 2007 Parks Master Plan process land with water views and/or water
access; land for `walk -to' parks, including neighborhood parks, in underserved
areas of the City identified in Citywide and NET -area maps in the 2007 Parks
Master Plan and any subsequent updates to these maps; land to expand
destination and community parks; land for expansion or creation of linear park
segments. Information on target priorities and target areas for new parks will
be disseminated to all relevant City departments to enhance the potential for
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 17
08/24/2023
This submTal needs to be scheduled fora public hearing
In accordance wlU1 tlmelines set forth in the City of
Miami Code. The applicable decision -mall ng body will
review the information at the public hearing to render a
recommendation or a final becW on.
PZ-23-16861
09/12/23
parkland acquisition in conjunction with infrastructure and other projects.
Ideally, new parks should be at least one-half acre in size, but smaller areas
may be suitable, depending on the surroundings and proposed uses.
Analysis 2
Approval of this request will enable development of a new mini -park dedicated
for public use. This will increase access to park space for hundreds of
residents. Further, a City of Miami Parks and Recreation survey result study
dated September 2022 found that investment in neighborhood parks and mini -
parks should be in the City's high priority list considering residents' stated
wants and unmet needs. The Mini -Park will be a public/private partnership
between the City and the owner of the Property. While the Owner will continue
to own the land, the park will be operated by the City as a public mini -park in
perpetuity. The City will subcontract park maintenance back to the Owner.
Together, the City and the Owner will ensure the park operates seamlessly.
Finding 2
Staff finds the request consistent with Policy PR-1.1.2.
Criteria 3
Policy LU-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, shopping, housing, and recreation in close
proximity to each other."
Analysis 3
The Subject Property is located in a residential neighborhood. Amending the
FLUM of the MCNP for the Subject Property from Medium Density Multifamily
Residential to Commercial Recreation would serve two purposes. First, it
would add new land use within the quarter -mile radius. Second, it would
provide a recreational amenity to the surrounding residential neighborhood.
Residents of the surrounding residential neighborhood would have a park
within walking and biking distance from their homes where they currently do
not. Amending the FLUM for the Subject Property from Medium Density
Multifamily Residential to Commercial Recreation would enhance the existing
neighborhood by adding a recreational use in close proximity to the existing
residential and commercial uses.
Finding 3
Staff finds the request consistent with Policy LU-1.3.15.
CONCLUSION & RECOMMENDATION
Based on the analysis of the area context and the goals and objectives of the MCNP, the request
to amend the FLUM by changing the designation for the property located at 171 NE 42 ST, Miami,
Florida 33137 ("the Property") from "Medium Density Multifamily Residential" to "Commercial
Recreation" is justified based on the lack of existing municipal park and recreation space in the
immediate area. Amending the FLUM from "Medium Density Multifamily Residential" to
"Commercial Recreation" will add recreation and green space to residents within walking and
biking distance that are not currently served by a park. The proposed amendment will also
enhance the existing neighborhood by
providing a park option to residents in the area that are currently served by other parks.
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 18
08/24/2023
This submittal needs to be scheduled fora public hearing
in accordance with Umelines set forth in the City of
Miami Code.The applicable decision-rna king body will
review the information at the public hearing to render
recommendation or a final decision.
PZ-23-16861
09/12/23
Based on the above background information, the Planning Department
recommends Approval of the request to amend the FLUM of the Property located at 171
Northeast 42 Street Miami, FL from "Medium Density Multifamily Residential" to "Commercial
Recreation."
,-DocuSigned by:
(Atis6 hit
`-7F35EEF0C6C349F...
Lakisha Hull, AICP, LEED AP BD+C
Planning Director
DocuSigned by:
S�,v�aandn� Sfulnkvr
3A75CAC5AF7E446..
Sevanne Steiner, CNU- A
Assistant Director
Andrea Sandoval
Planner II
Attachments:
Exhibit A — Legal Description
Attachment 1 — Concurrency Analysis
Staff Analysis Report No. ePlan PZ No. PZ-23-16861 Address 171 NE 42 ST — Page 19
08/24/2023
AERIAL
EPLAN ID: PZ-23-16861
COMPREHENSIVE PLAN AMENDMENT
ADDRESS(ES): 171 NE 42 ST
0
125
250
500 Feet
This submittal needs to be schedu Led for a public hearing
in accordance with timelines set forth in the City of
Miami Code. The applica de decision -making body will
renew the inforrnaton at the public hearing to render a
recommendation or a final decia on.
PZ-23-16861
09/12/23
FUTURE LAND USE MAP (EXISTING)
EPLAN ID: PZ-23-16861
COMPREHENSIVE PLAN AMENDMENT
ADDRESSES): 171 NE 42 ST
0 125 250 500 Feet
I i t a 1 i t i 1
J
J
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1-
co
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Medium Density)
NE 44TH ST Multifamily
Residential. ^�
LDuplex -
Residential
NE 42ND ST
NE 43RD ST
NE41STST
General
OEommercial
NE 40TH ST
Restricted
Commercial
C7
z
w
z
This submittal needs to be scheduled for a public hearing
in accordance with timelines set forth in the City of
Miami Ccde. The applicade decision -making body will
renew the inforrnaton at the public hearing to render a
recommendation or a final decision.
PZ-23-16861
09/12/23
(
Single Family
- Residential
Medium Density
Restricted
Commercial
FUTURE LAND USE MAP (PROPOSED)
EPLAN ID: PZ-23-16861
COMPREHENSIVE PLAN AMENDMENT
ADDRESSES): 171 NE 42 ST
0 125 250 500 Feet
I i t a 1 i t i 1
J
J
•
1-
co
w
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Medium Density
NE 44TH ST Multifamily
Residential
LDuplex -
Residential
NE 42ND ST
NE 43RD ST
NE41STST
Commercial
10
Recreation
General
OEommercial
NE 40TH ST
Restricted
Commercial
1
C7
z
w
z
This submittal needs to be scheduled for a public hearing
in accordance with timelines set forth in the City of
Miami Ccde. The applica de decision -making bodywill
renew the inforrnaton at the public hearing to render a
recommendation or a final decision.
PZ-23-16861
09/12/23
Single Family
- Residential
Medium Density
Restricted
Commercial