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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-23-17014
10/25/23
ANALYSIS FOR
REZONING
Staff Analysis Report No.
PZ-23-17014
Location
20 and 25 Southeast 10 Street
Folio Number
01-0207-0301-011, 01-0207-0201-070
Area
10,872 sq. ft. (0.249 ac)
MCNP Designation
Public Parks and Recreation
Commission District
District 3 — Joe Carollo
Commissioner District
Office
Downtown Brickell
Existing Zoning
Designation
"CS" Civic Space Transect Zone
Proposed Zoning
Designation
"T6-48B-O" Urban Core Transect Zone - Open
Planner
Sevanne Steiner, Assistant Planning Director
ssteiner@miamigov.com
Primary Applicant
Mr. Arthur Noriega, City Manager, City of Miami
anoreiga@miamigov.com
Property Owner
City of Miami
Recommendation
Approval
A. REQUEST
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, Mr. Arthur
Noriega IV on behalf of the City of Miami (the "Applicant") requests a change in zoning from
"CS" — Civic Space Transect Zone to "T6-48B-O" Urban Core Transect Zone - Open for the
parcels generally located at 20 and 25 Southeast 10 Street, collectively known as the
"Property". Concurrently, the Applicant is requesting to change the Future Land Use designation
from Public Parks and Recreation to Restricted Commercial (ePlan File ID# PZ-23-17016), see
Table 1.
Staff Analysis Report No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 1
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-23-17014
10/25/23
Address
Folio
Area
Existing
FLUM
Designation
Proposed
FLUM
Designation
Existing
Zoning
Proposed
Zoning
20
01-0207-
3,092
Public Parks
Restricted
CS
T6-48B-O
Southeast
10 Street
0301-011
sq. ft. (0.070 ac)
and
Recreation
Commercial
25
01-0207-
9,000
Public Parks
Restricted
CS
T6-48B-O
Southeast
10 Street
0201-070
sq. ft. (0.206ac)
and
Recreation
Commercial
Total
12,092 sq. ft.
(0.277 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 Approval for the requested change in zoning from "CS" — Civic Space Transect
Zone to "T6-48B-O" Urban Core Transect Zone - Open for the parcels generally located at 20
and 25 Southeast 10 Street, collectively the Subject Property, based upon the facts and findings
in this staff report.
C. PROJECT BACKGROUND
Property History
Both parcels were once owned by Allen Morris. The Property was ceded to the City in
December 1974 on the condition that it would remain a public park, and if it were to be sold by
the City to another person/entity, it would also remain a public park. The contract also stated in
an "automatic reverter clause" that if it was no longer used as a park, rights to the property
would revert to the original owner.
The settlement agreement executed on August 14, 2023 between the City of Miami, Florida and
1000 Brickell, Ltd, the Agreement states that the City Commission directs the City Manager to
process a Future Land Use Map (FLUM) amendment to Restricted Commercial and rezoning to
T6-48b-O, Urban Core Transect Zone to restore the FLUM and zoning designations of the
subject parcels identified as Folio Nos. 01-0207-020-1070 (the "Northern Parcel") and 01-0207-
030-1011 (the "Southern Parcel"), as the same are legally described in Exhibit "A," to Restricted
Commercial and "T6-48b-O, Urban Core Transect Zone — Open, and negotiate and execute a
Staff Analysis Report No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 2
NOTICE
This submittal needs to be'scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appll®de decision -malting body will
rodew the information at the pubdc hearing to render a
recommended on or a final decision.
PZ-23-17014
10/25/23
license agreement by and between the City of Miami and 1000 BRICKELL, LTD for use of the
Northern Parcel as a privately -owned, public park fora limited term or 18 months.
On July 27, 2023, the City Commission approved the above -reference Settlement Agreement by
Resolution R-23-0349. The conditions of the Settlement Agreement requires the City Manager
or designee to present applications to seek the change of the FLUM and zoning district of
subject parcels within 60 days of the execution of the Settlement Agreement. The Settlement
Agreement requires the city to bear all costs and expenses of the applications. Lastly, the
Settlement Agreement requires for the applications proceed to City Commission in November
2023.
rroposai
Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8(a.) — Successional Zoning, the Applicant
is requesting to change both the existing, underlying Subject Property's MCNP, Future Land
Use Map ("FLUM") designation from "Public Parks and Recreation" to "Restricted Commercial".
The applicant also proposes to change the Miami 21 Code's Zoning Atlas Transect Zone zoning
designation of both parcels from "CS" Civic Space Transect Zone to "T6-48B-O" Urban Core
Transect Zone - Open.
Adjacent Properties and their associated Land Use designation(s), Transect Zone(s),.
and Existing Use(s)
Based on the surrounding existing Uses, refer to Table 2, the Property is surrounded by high-
rises of 20 stories or greater except for one (1) parcel to the east that is a high-rise that contains
government agencies offices such as the U.S. Coast Guard District 7, the Environmental
Protection Agency, and the U.S. Department of Labor.
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
"T6-48B-O" Urban Core
Transect Zone — Open
Restricted Commercial
High -Density Multi-
Family Residential
South
"T6-48B-O" Urban Core
Transect Zone — Open
Restricted Commercial
High -Density Multi-
Family Residential
East
T6-48B-O" Urban Core
Transect Zone — Open
Restricted Commercial
High -Density Multi-
Family Residential
Government/Public
Administration
West
T6-48B-O" Urban Core
Transect Zone — Open
Restricted Commercial
High -Density Multi-
Family Residential
Table 1: Surrounding Uses
Staff Analysis Report No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 3
This submittal needs to be scheduled for a public hearing
In accordance whh timelines set forth in the City of
Miami Cede. The applicable decision -making body will
rodew the information at the pubc hearing to render a
recommendation or a final decla on.
PZ-23-17014
10/25/23
The Subject Property directly fronts Southeast 1 Avenue to the east and is split by Southwest 10
Street. The Subject Property consists of two (2) parcels with an approximate area of 12,092 sq.
ft. (0.277 acres). 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 No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 4
This submittal needs to be scheduled for a puboc hearing
In accordance with timelines set forth in the City of
Miami Code. The applicade decision -making body will
review the information at the pane hearing to render a
recommendation or a final decision.
PZ-23-17014
10/25/23
Covenant
There is no formal covenant associated with this property, but the December 1974 transfer of
the property from Mr. Morris to the City of Miami stated that it would remain as a public park
whether it is owned by the City of Miami or sold to a third party.
Socodemographcs
The Applicant's Properties are located within the 2020 United States Census Tract
"12086006702" (the "Census Tract"). Staff reviewed the following socioeconomic
indicators/variables (Population, Households, Average Household Size, Families in Poverty,
Owner -Occupied Housing, Renter -Occupied Housing, Vacant Housing, Median Family Income,
and Median Gross Rent) to understand the differences between this Census Tract and the City
of Miami. The median family income and rents are double that of the City of Miami as a whole..
Topic — United States 2020 Census
Census Tract 67.02
City of Miami
Population
9,011
442,241
Households
6,411
180,676
Average Household Size
2.7
2.5
Families in Poverty
11.91%
17.14%
Owner -Occupied Housing
21.15%
30.37%
Renter -Occupied Housing
49.57%
69.63%
Vacant Housing
29.27%
13.62%
Median Family Income
$100,656
$48,003
Median Gross Rent
$2,215
$1,242
Table 3: Source: 2021 U.S. Census data for rents, and the 2019 American Community Survey for rents
D. PREVIOUS LAND USE/ZONING ADOPTIONS
Since 1974, the Property has never been rezoned.
Staff Analysis Report No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 5
NOTICE
This submittal needs to be'scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appll®de decision -malting body will
rodew the information at the pubdc hearing to render e
recommended on or a final decision.
PZ-23-17014
10/25/23
E. ANALYSIS
Miami Comprehensive Neighborhood Plan (MCNP)
The parcels at 20,25 Southeast 10 Street included in this request have an existing, underlying
FLU designation of "Public Parks and Recreation", which is defined by the MCNP as:
The primary intent of this land use classification is to conserve open space and green
spaces of a park while allowing access and uses which will not interfere with the
preservation of any significant environmental features which may exist within the park.
This land use designation allows only open space and park uses with recreational and
cultural uses where the total building footprints and impervious parking area surfaces in
parks of one (1) acre of more may cover no more than 25% of the park land area (See
related Policy PR-2.1.3.). Both passive and active recreational uses shall be permitted
including but not limited to nature trails, interpretive centers, picnic areas, playgrounds,
canoe trails and launches, small concession stands, restrooms, gyms, swimming pools,
athletic fields, cultural facilities, marine and marina facilities and other facilities
supporting passive and active recreational and cultural uses.
Lands under this designation with specific qualities that make them desirable for
commercial photography shall be allowed to be used in this manner conditionally, and
only when it is determined that conducting such commercial photography will not
endanger significant environmental features within the area.
The Applicant is seeking to change the existing, underlying FLU designation of "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 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
Staff Analysis Report No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 6
NOTICE
This submittal needs to be' scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The appLIca o decision -malting body will
rodew the information at the pubc hearing to render a
recommended on or a final decision.
PZ-23-17014
10/25/23
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 to change the Subject Property's existing, underlying Miami 21 zoning
designation of the Property from "CS" — Civic Space Transect Zone to "T6-48B-O" Urban Core
Transect Zone — Open. The only uses permitted in "CS" — Civic Space Transect Zone are childcare
and other learning centers, whereas almost all uses are permitted in a "T6-48B-O" Urban Core
Transect Zone — Open zoning designation, and all uses are permissible at a height of 48 stories
excluding public benefits.
Staff Analysis Report No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 7
NOTICE
This submittal needs to be' scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The appLIca o decision -malting body will
rodew the information at the pubc hearing to render a
recommended on or a final decision.
PZ-23-17014
10/25/23
.
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Figure 2: Miami 21 Transect Zone (Existing)
Figure 3: Miami 21 Transect Zone (Proposed)
F. FINDINGS
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: The following goals, objectives and policies of the MCNP are applicable as stated in the
companion item PZ-23-17016:
• Policy LU-1.6.4.
• Policy PR-2.1.1
• Policy LU-1.1.10
• Objective TR-2.7
As a part of the litigation between 1000 Brickell, LTD and the City, 1000 Brickell has offered to
maintain the use as a "private park" for a "limited period of time" with a "minimum term of 18
Staff Analysis Report No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 8
NOTICE
This submittal needs to be'scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appll®de decision -malting body will
rodew the information at the pubdc hearing to render e
recommended on or a final decision.
PZ-23-17014
10/25/23
months". Furthermore, the parcel at 1628 Northwest 6 Street, which is 15,000 square feet, has been
acquired by the City of Miami. The parcel will be subsequently rezoned to "CS" Civic Space Transect
Zone in a future application by the Parks Department. Notably, both parcels are within District 3 and
support mixed -use environments.
This Property is located approximately 56 feet from the 10th Street Metromover or approximately a one
(1) minute walk. Given The Property's proximity to a bus station (abutting), Metromover station, and
Metrorail station. The Metrorail station is approximately a third of mile away or a short six (6) minute
walk this would allow intense commercial and high density residential to develop relative to transit.
Finding 1: Consistent
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: The justification to rezone the site is in response to the ongoing improvements of many
large-scale developments over the past 30 years in the immediate area. Due to the area changing to
include more dense developments with tall building heights, the predominate land development pattern
has been Commercial/ retail uses. The site is in close proximity of the PeopleMover aerial transit
system's columns, which creates more of a secluded site. In addition to the successful revitalization of
the Mary Brickell Village, there are many new developments in this area that include "open air" spaces,
plazas and landscaped paseos for public access that are accessible from multiple locations.
Finding 2: Consistent
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."
Analysis 3: Rezoning from "CS" Civic Space Transect Zone — Open to "T6-48B-O" Urban Core
Transect Zone — Open is considered successional zoning. As this is in a dense urban area there is no
neighborhood to preserve or to protect with buffing or transect transitions.
Finding 3: Consistent
G.CONCLUSION
The Applicant's requested rezoning of the Subject Property from "CS" Civic Space Transect Zone —
Open to "T6-48B-O" Urban Core Transect Zone - Open, was reviewed based on the general purpose
of preserving easily accessible public spaces within a highly -developed built up area, as well as
compliance with Miami 21 and the MCNP.
Staff Analysis Report No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 9
NOTICE
This submittal needs to be scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appLIca o decision -malting body will
rodew the information at the pubec hearing to render a
recommended on or a final decision.
PZ-23-17014
10/25/23
Overall, the proposed rezone is consistent with both Miami 21 and the MCNP. Therefore, the
Planning Department recommends "Approval" for the requested rezone of the parcels at 20
and 25 Southeast 10 Street from "CS" Civic Space Transect Zone — Open to "T6-48B-O" Urban
Core Transect Zone - Open based upon the facts and findings in this staff report.
,-DocuSigned by:
bacis(A,a. to ,
7W.5.EEWIC F.
Lakisha Hull, AICP, LEED AP BD+C
Planning Director
Docu Signed by:
l J ,� Sfu
sn7scnc,�A-E446 ..
Sevanne Steiner CNU-A,
Assistant Planning Director
Staff Analysis Report No. ePIanPZ No. PZ-23-17014 20 SE 10 ST Rezoning Application — Page 10
MIAMI 21 ATLAS (EXISTING)
EPLAN ID: PZ-23-17014
REZONE
ADDRESS(ES): 20,25 SE 10 ST
0
125
250
500 Feet
rT6-48B-O
SW 10TH ST
SW 11TH ST
1
This submittal needs to be schebu led bra public hearing
In accordance wilt timelines set forth in the City of
Miami Cede. The appll®de deoIslon-making body will
review the Intormatlon at the public hearing to render a
recommendation or a final becibon.
PZ-23-17014
09/29/23
MIAMI 21 ATLAS (PROPOSED)
EPLAN ID: PZ-23-17014
REZONE
ADDRESS(ES): 20,25 SE 10 ST
0
125
250
500 Feet
rT6-48B-O
SW 10TH ST
SW 11TH ST
1
This submittal needs to be schebu led bra public hearing
In accordance wilt timelines set forth in the City of
Miami Cede. The appll®de deoIslon-making body will
review the Intormatlon at the public hearing to render a
recommendation or a final becibon.
PZ-23-17014
09/29/23
AERIAL
EPLAN ID: PZ-23-17014
REZONE
ADDRESS(ES) : 20,25 SE 10 ST
0 125 250
500 Feet
1
This submittal needs to be schebu led bra public hearing
In accordance wto timelines set forth in the City of
Miami Cede. The appllcade deolalon-making burly will
review the Information at the public hearing to render a
recommended on or a final decision.
PZ-23-17014
09/29/23