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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-23-17014 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 . jlCfe �k . /L rAF' I 100=1 11 �J el }r I'!r� ,]_F_T ol Ji IA ' E 1T ai TBABB-O' T648A-O o, ee, I ! ._, IL II w� - 4 , �� f3h7R-F 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