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Home My WebLink AboutAnalysis and MapsThis submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applies de decision -making body NOR rodew the information at the pubc hearing to render a recommendation or a final decld on. PZ-23-16859 09/12/23 City of Miami Planning Department ANALYSIS FOR REZONE Staff Analysis Report No. PZ-23-16859 Location 171 Northeast 42 Street Folio Number 0131240241120 Miami 21 Transect "T3-O" Sub -Urban Transect Zone —Open MCNP Designation Medium Density Multi -Family Residential Commission District D-5 Commissioner Christine King Commissioner District Office Little Haiti Planner Andrea Sandoval, Planner II 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 A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, Arthur Noriega, City Manager, City of Miami (the "Applicant") requests a rezoning of one parcel located at 171 Northeast 42 Street Miami, FL ("the Property"). The Property is located within the historic Buena Vista East District. If approved, the Property would be rezoned from "T3- 0" Sub -Urban Transect Zone —Open to "CS" Civic Space Zone. Concurrently, the Applicant is requesting an amendment to Ordinance No. 10544, the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan (MCNP) as a companion item (ePlan ID: PZ-23-16861). The companion application seeks to change the designation of the property from "Medium Density Multifamily Residential" to "Commercial Recreation." Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 1 08/24/2023 MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-23-16859 REZONE ADDRESS(ES): 171 NE 42 ST 0 125 250 500 Feet Figure 1: Existing Miami 21 Designation lo Queocy\ 4 `«0 f1p 4 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 pabge hearing to render a recommendation or a final decision. PZ-23-16859 �, 09/12/23 �� R4-VIEW CO' Qv Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 2 08/24/2023 MIAMI 21 ATLAS (PROPOSED) EPLAN ID: PZ-23-16859 REZONE ADDRESS{ES}: 171 NE 42 ST 0 125 250 500 Feet Figure 2: Proposed Miami 21 Designation ,co Quetrcy\ 44° 11Y f1p .13 41 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-23-16859 09/12/23 <C Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 3 08/24/2023 4 0 PUBS/ 411 B. RECOMMENDATION 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-23-16859 09/12/23 44, RSVI EW COO Pursuant to Article 7, Section 7.1.2.8 of Miami 21, as amended, the Planning Department recommends Approval of the requested rezone from "T3-O" Sub -Urban Transect Zone — Open to "CS" Civic Space Zone based upon the facts and findings in this staff report. C. PROJECT DATA SURROUNDING USES Miami 21 MCNP / Density Existing Use North T3-O Medium Density Multifamily Residential Residential South T5-O Medium Density Restricted Commercial Commercial / MDD SAP East T4-O Medium Density Restricted Commercial Commercial / MDD SAP West T3-O Medium Density Multifamily Residential Residential D. BACKGROUND Proposal The Property includes one land parcel and is approximately 5,000 square feet. These Rezone and FLUM Amendment, if approved, will change the current transect designation from "T3-O" Sub -Urban Transect Zone —Open to "CS" Civic Space Zone. The property owner is aware of and in support of moving this application forward. This Rezone will also trigger an amendment to the Future Land Use Map. The City Manager is the applicant for a proposed request to amend the Property's FLUM designation from Medium Density Multifamily Residential to Commercial Recreation. These changes will allow for the development and operation of the Property as a public mini -park (the "Mini -Park"), in perpetuity. The Property Owner intends to develop the Property with a park on the ground level surface of the Property and a below -grade private parking garage containing a vehicular entrance ramp into the Parking Garage from NE 42nd Street (collectively, the "Project"), as shown on the conceptual plans labeled Exhibit "B" attached and incorporated. Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 4 08/24/2023 4 0 PUBS/ 411 G 0 4- a. 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-23-16859 09/12/23 44, RSVI EW COO The Owner seeks to grant a perpetual, non-exclusive easement in favor of the City in, upon, and through the area of the Property being located on the ground surface level of the Property as more particularly described in Exhibit "C" attached and incorporated, while retaining perpetual exclusive rights to the Entrance Ramp, the Parking Garage and all other below grade areas and subterranean rights in the Property. Development of the Park contemplates improvements which include, but are not limited to the following: landscaping, irrigation systems, decorative lighting, signage, seating, and pavers, as may be approved by the City's Historic Preservation and Environmental Board and other reviewing bodies. Site Location & Surrounding Uses Southern Boundary: The Miami Design District Special Area Plan ("MDD 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: Immediately east of the Property are lots also owned by affiliated entities of the Owner which are slated for high -end commercial development. Northern and Western Boundary: To the north and west of the Property is the Buena Vista East Historic neighborhood. Demographics: 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). Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 5 08/24/2023 AERIAL EPLAN ID: PZ-23-16859 REZONE ADDRESS(ES): 171 NE 42 ST 0 125 250 500 Feet ,�o Pueocy\ 44° 11Y f1p .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. • c J, PZ-23-16859 44, 09/12/23 <C MEE i4 III 1111 EINEM ,F,1, MIME 1 lljiIioI 1 I II 111- III Ill II • • G a. 1I 1— Figure 3: Aerial of subject site Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 6 08/24/2023 ,�o Quetrcy\ �4° `11Y f1p� .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-23-16859 44, 09/12/23 <C E. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) The request to change the zoning designation has been analyzed for conformance with the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and Article 7, Section 7.1.2.8, of Ordinance 13114, as amended. Pursuant to Section 7.1.2.8.c.1 of Miami 21, a City -initiated rezoning to "CS" is exempt from the typical minimum size and frontage requirements. As such, this City -initiated rezoning request to "CS" is consistent with Sec. 7.1.2.8.c.1 of Miami 21. The proposed future land use designation of Commercial Recreation is consistent with CS zoning according to the MCNP's Correspondence Table. Additionally, as set forth in the analysis below, the proposed application is consistent with the goals, policies and objectives of Miami 21 Code and the Comprehensive Plan (MCNP) and is supported by changing conditions in the neighborhood. Excerpt of Correspondence Table — Zoning and Comprehensive Plan Transect Miami 21 Transect Zone October 2009 MCNP Future Land Use T3-O SUB -URBAN SINGLE-FAMILY RESIDENTIAL DUPLEX RESIDENTIAL CS CIVIC SPACE/PARKS PUBLIC PARKS AND RECREATION COMMERCIAL RECREATION Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 7 08/24/2023 4 0 PU$I../ 411 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 pubic hearing to render a recommendation or a final decision. PZ-23-16859 09/12/23 44, RSV! Ew COO Miami 21 Code The Property is located within the historic Buena Vista East District and is zoned "T3-O" Sub - Urban Transect Zone —Open. Supported development under this zoning designation includes a variety of Residential, Civic, Civic Support, and Educational Uses. Article 4, Table 3; Article 4, Table 4; and Article 5, Illustrations 5.3 (T3) and Section 5.7.1.3 (CS), of the Miami 21 Code, highlight the allowed Uses and development standards that would be permitted under the proposed Miami zoning. Moreover, the proposed Mini -Park will provide green space and a park amenity for the residents of the Buena Vista East Historic neighborhood. Further, a rezoning to CS eliminates density and substantially limits intensity and allowable uses as described in detail below. Figure: Miami 21 Transect Zone DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE R COMMUNITY RESIDENCE R ANCILLARY UNIT TWO FAMILY RESIDENCE R MULTIFAMILY HOUSING DORMITORY HOME OFFICE R LIVE - WORK WORK - LIVE 4 4 4 4 CS N/A LODGING BED & BREAKFAST INN HOTEL MOTEL OFFICE OFFICE Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 8 08/24/2023 COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTAB. ENTERTAINMENT ESTAB. - ADULT FOOD SERVICE ESTAB. ALCOHOL BEVERAGE ESTAB. GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTAB. AMUSEMENT RIDE CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY E RELIGIOUS FACILITY E REGIONAL ACTIVITY COMPLEX CIVIC SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES W MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE/UINVERSITY ELEMENTARY SCHOOL E LEARNING CENTER MIDDLE/HIGH SCHOOL E 4 4 4 4 4 4 4 4 4 4 4 ,�o Quetrcy\ 44° 11Y f1p .13 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h tmellnes set forth in the City of Miami Code. The applica decision -making body will renew the information at the pubic hearing to render a recommendation or a final decision. J, PZ-23-16859 09/12/23 <VI Eilv CO' W E E W W W W W R E E Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 9 08/24/2023 4 0 PU$�/ 411 PRE-SCHOOL E RESEARCH FACILITY SPECIAL TRAINING/VOCATIONAL INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTAB. MANUFACTURING AND PROCESSING MARINE RELATED INUSTRIAL ESTAB. PRODUCTS AND SERVICES STORAGE/DISTRIBUTION FACILITY 4 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-23-16859 09/12/23 44, RSVI EW COO Excerpt of Miami 21 Code, Section 4, Table 4: DENSITY, INTENSITY AND PARKING T3-O CS Commercial N/A Commercial Uses are permissible as listed in Table 3. Civic N/A Civic Uses are permissible as listed in Table 3. Excerpt of Miami 21 Code, Illustrations 5.3 (T3) and Section 5.7.1.3 (CS) T3 CS Building Disposition Floor Lot Ratio (FLR) N/A N/A Lot Coverage 50% max. first floor 30% max. second floor (T3-R & T3-L only) One or more Buildings may be built in each Civic Space. Building floor area shall not exceed twenty-five percent (25%) of the lot area of the Civic Space, and shall support the principal use of the Civic Space. Frontage at front setback N/A Development in a Civic Space Zone should have a Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 10 08/24/2023 4 PU$// 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. PZ-23-16859 09/12/23 44, RtVIEW CO minimum of fifty percent (50%) of its perimeter enfronting a Thoroughfare. Civic Space sites shall be entered directly from a Thoroughfare. Density T3-R = 9 du/ac max. T3-L = 9 du/ac max. T3-O = 18 du/ac max. 0 DU/AC Setbacks Principal Front 20 feet min N/A Secondary Front 10 feet min. Side 5 ft. min. 20% Lot Width total min. Rear 20 ft. min. Building Height a. Principal Building 2 Stories and 25 ft. to eave max. In Civic Spaces, Buildings, Fences and walls shall conform to regulations of the most restrictive Abutting Transect Zone, except as shown by City of Miami's Parks and Public Spaces Master Plan or other master plans adopted by the City Commission. Other adjustments to the regulations shall be approved by process of Exception. b. Outbuilding 2 Stories and 25 ft. to eave max. Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 11 08/24/2023 ,co PUR , O Sep a 4 NOTICE This submittal needs to be scheduled for a puboc hearing In accordance Itl timelines set forth in the City of Miami Code. The applica decision -mating body will renew the information al the pubdc hearing to render a recommendation or a final decision. PZ-23-16859 44, 09/12/23 <Eity CO' T4—L T 4—L Ti— -(? T:s -L T r T3 -_ T5-0 1 � T5-0 T471 17r—, T5-0 SD-27.1 Tf—24A—;) SD-27.2 T6-24A-0 .14 T6-36 — TG—s6A—L Figure 4: Overlay District Diagram Criteria for Rezoning: In accordance with Article 7, Section 7.1.2.8 (a), a change may be made to a Transect Zone in a manner which maintains the goals of Miami Zoning Code and complies with three criteria identified in Miami 21 Article 7, Section 7.1.2.8 (f). Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 12 08/24/2023 4 0 PU$L/ 411 Criteria 1 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-23-16859 09/12/23 44, RSVI EW COO 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 of Criteria 1 The request to rezone from "T3-O" to "CS" is consistent with Sec. 7.1.2.8.c.1 of Miami 21. The proposed future land use designation of Commercial Recreation is consistent with CS zoning according to the MCNP's Correspondence Table. 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. Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. Finding 1: Pursuant to Article 7, Section 7.1.2.8 (f)(1)(a) of Miami 21 Code, the request to rezone the Property is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 13 08/24/2023 4 0 PUBS/ 411 Criteria 2 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 applicade decision -mating body will renew the information al the pubic hearing to render a recommendation or a final decision. PZ-23-16859 09/12/23 44, RSV! Ew COO 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 of Criteria 2: Approval of this rezone will enable development of a new mini -park dedicated for public use. This will increase access to park space for Buena Vista residents. Further, a City of Miami Parks and Recreation survey result study dated September 2022 (the "Survey") found that investment in neighborhood parks and mini -parks should be on the City's high priority list considering residents' stated wants and unmet needs. The Mini -Park will provide areas for safe passive use including usable green space with plantings, shade, and seating. The Mini -Park will be ADA-accessible consistent with federal and state law. The park will also provide walkway connections to existing and proposed neighborhood pedestrian paths and trails. Approval of this rezone will enhance the quality of life in the neighborhood by providing a much -needed park facility. MCNP Goal PR-1: Provide sufficient opportunities for active and passive recreation to all City residents based on access to parks, recreation and open space, per capita park funding, and regular surveys of residents on park and recreation needs. MCNP Policy PR-1.1.3: The City will provide areas for safe, passive use in all parks, including those in active recreational use parks. The passive areas will include usable green space with plantings, shade and seating. 1.1.3.1 The City, through its land development regulations, will designate a zoning category for parks separate from Civic Space. That category will permit a variety of areas for passive and/or greater intensity of recreational use opportunities in parks and open spaces. MNCP Policy PR-5.1.6: The City will continue to develop and implement public/private partnerships to contribute to the maintenance and enhancement of parks, recreational facilities, and public spaces, while ensuring that public spaces remain freely open to the public. Finding 2: Pursuant to Article 7, Section 7.1.2.8(f)(1)(b) of Miami 21 Code, the request to rezone the Property is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 14 08/24/2023 4 0 PUI$�/ 411 Criteria 3 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 public hearing to render a recommendation or a final decision. PZ-23-16859 09/12/23 44, V RSV! Ew CO ' Section 7.1.2.8 (f)(2) "For rezonings: 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 of Criteria 3: The proposed Mini -Park will provide green space and a park amenity for the residents of the Buena Vista East Historic neighborhood. Further, a rezoning to CS eliminates density and substantially limits intensity and allowable uses. Finding 3: Pursuant to Article 7, Section 7.1.2.8.f.2 of Miami 21 Code, the request to rezone the Property from "T3-O" to "CS" is consistent F. NEIGHBORHOOD SERVICES HEP Department: Staff Review Complete Urban Design Division: Staff Review Complete G. CONCLUSION Based on an analysis of the surrounding context, the Policies, Goals and Objectives of Miami Zoning Code and the MCNP, the Planning Department recommends Approval of the request for a change in zoning from "T3-O" Sub -Urban Transect Zone —Open to "CS" Civic Space Transect Zone. DocuSligned by: (Ai 7F- .5EEFOC6C113113F... Lakisha Hull, AICP, LEED AP BD+C Planning Director DocuSigned by: 3A75CAC5AF7E446... Sevanne Steiner, CNU- A Assistant Director Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 15 08/24/2023 10 Pu8Lrcy\ �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-23-16859 44, 09/12/23 <C Andrea Sandoval Planner II Attachments: Exhibit A — Legal Description Exhibit B — Park Conceptual Plans Exhibit C — Easement Agreement Draft Staff Analysis Report No. ePlan PZ No. PZ-23-16859 Address 171 NE 42 ST — Page 16 08/24/2023 AERIAL EPLAN ID: PZ-23-16859 REZONE 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-23-16859 09/12/23 is WW1 11 1E111 I I M IAM 121 ATLAS (EXISTING) EPLAN ID: PZ-23-16859 REZONE 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-23-16859 09/12/23 MIAMI 21 ATLAS (PROPOSED) EPLAN ID: PZ-23-16859 REZONE 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-23-16859 09/12/23