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Home My WebLink AboutAnalysis and Maps• NOTCC€ City of Miami Planning Department ANALYSIS FOR REZONE Staff Analysis Report No. PZ-23-17458 Addresses 1317 North Miami Avenue and 1353 North Miami Avenue Area approximately 21,468 square feet or 0.49 acres Commission District District — 2, Commissioner Damian Pardo Commissioner District Office Downtown-Brickell Existing Miami 21 Code Transect "T6-24A-O" Urban Core Transect Zone - Open Proposed Miami 21 Code Transect "T6-24B-O" Urban Core Transect Zone - Open Applicant Name Elevate 13th St Holdings LLC and Elevate 13th St LLC Applicant Representative Nicole S. Wolfe, Esquire wolfen@gtlaw.com Planner Darren Murphy, Planner II dmurphy@miamigov.com Recommendation Approval A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21 Code"), as amended, Nicole S. Wolfe, Esquire, on behalf of Elevate 13th St Holdings LLC and Elevate 13th St LLC (collectively the "Applicant") ") is requesting an amendment to the Zoning Atlas by changing the Transect Zone from "T6-24A-O" Urban Core Transect Zone — Open to "T6-24B-O" Urban Core Transect Zone — Open of the properties generally located at 1317 North Miami Avenue and 1353 North Miami Avenue (collectively the "Property"). B. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of the Miami 21 Code, as amended, the Planning Department recommends Approval for the requested change in zoning from T6-24A-O to T6- 24B-O for the Property generally located at 1317 North Miami Avenue and 1353 North Miami Avenue based upon the facts and findings in this staff report. C. BACKGROUND The Property is approximately 21,468 square feet or 0.49 acres and is bounded by Northeast 14 Street to the north, Northwest 13 Street to the south, North Miami Avenue to the west, and Northeast Miami Court to the east (see Figure 1). According to City records, the Property's existing buildings were built between 1930 and 1950, and the current Uses are categorized as Commercial. Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 1 of 9 09/02/2022 • NOTCC€ Figure 1: Aerial image of the Property = red outline Surrounding Uses The abutting properties to the Property have a "General Commercial" future land use (FLU) designation on the Miami Comprehensive Neighborhood Plan (MCNP) Future Land Use Map (FLUM) and a zoning classification of T6-24A-O. Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 2 of 9 09/02/2022 • NOTCC€ Miami 21 Code MCNP / Density Existing Uses North T6-24A-O General Commercial, 150 du per acre Commercial, General Commercial South T6-24A-O General Commercial, 150 du per acre Commercial, General East T6-24A-O General Commercial, 150 du per acre Vacant, Non -protected, Privately -Owned West T6-24A-O General Commercial, 150 du per acre Commercial, General Commercial; Vacant, Non - protected, Privately -Owned Table 1: Surrounding Uses: Miami 21 Transect Zone, MNCP's Future Land Use designation, and Existing Uses Ordinance 11000 Under Ordinance 11000, the Property had a zoning classification of "C-2"-Liberal Commercial. This zoning classification allowed for commercial activities that served the needs of other businesses, required extensive loading facilities, and often benefited from proximity to industrial areas. The district was also intended to allow a mix of office and retail uses. It permitted hotels, motels, rescue missions, and residential facilities equal to R-3, with a maximum density of sixty- five (65) units per net acre. The district also permitted four (4) uses that distinguish C-1 from C- 2, including wholesaling, light assemblage, secondhand merchandise, and other outdoor sales. 11000 allowed for a density of 65 dwelling units per acre, while the Miami 21 Code permits 150 units per acre. This indicates that the Property was not subject to a "downzoning" when rezoned under the Miami 21 Code. Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 3 of 9 09/02/2022 Proposal The Applicant is requesting a change in the zoning classification from T6-24A-O to T6-24B-O, see Figures 2 and 3. T6-36B-O I � J Il fll ~-- NE 93TH TEE�i L N Figure 2: Existing Zoning = T6-24A-O, Property = black, weighted outline on,„lc P Arta ■ T6 24A=0-1 76-2413-O NW 1]TH sT T6=24A 0 T6.246.0 NE MS ST T6-36B-O Figure 3: Figure 2: Proposed Zoning = T6-248-0, Property = black, weighted outline The Applicant seeks to increase the Floor Area by increasing the Floor Lot Ratio ("FLR"). Currently, the Property's existing T6-24A-O allows for a maximum FLR of seven (7). However, the Property is located within the MCNP's Urban Central Business District ("UCBD'), where the City's vision supports a much higher maximum FLR of 37, reflecting an intention to encourage greater density and development in this area. To align this Property with the City's goals envisioned through the MCNP's UCBD, the Applicant proposes a rezoning to T6-24B-O, allowing a bonus FLR of up to 16. This would enable future development to better meet the objectives outlined in the UCBD. Address Sq. Ft. (approx.) Existing - FLUM Existing - Zoning Existing - FLR Proposed - Zoning UCBD - FLR Proposed - FLR 1317 N Miami Av 21,250 General Commercial T6-24A-0 7 T6-24B-0 37 16 1353 N Miami Av 218 General Commercial T6-24A-0 7 T6-24B-0 37 16 Table 2: the Property's "Existing" and "Proposed" Zoning requests Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 4 of 9 09/02/2022 • NOTCC€ In return for this increased FLR, any future development project(s) shall be responsible for an increased public benefit contribution to specified programs that provide Public Benefits under Article 3, Section 3.14 and the required percentages of Public Benefits pursuant to Article 5, Section 5.6.7 of the Miami 21 Code. D. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) Based on the MCNP's Correspondence Table —Zoning and Comprehensive Plan, "General Commercial" and the T6-24B-O are identical in terms of the allowed dwelling units per acre. Refer to Table 3. Address Existing Transect Zone Proposed Transect Zone Existing Density Existing MCNP Proposed MCNP Existing Density 1317 N Miami Av T6-24A-0 T6-24B-0 150 du/ac General Commercial General Commercial 150 du/ac 1353 N Miami Av T6-24A-0 T6-24B-0 150 du/ac General Commercial General Commercial 150 du/ac Table 3: MCNP FLUM - Miami 21 Code Transect Zone comparisons Therefore, the MCNP's FLUM designation remains the same, and a companion Comprehensive Plan Amendment is not required. Miami 21 Code The purpose of this rezoning application is to acquire only additional FLR. Furthermore, there is no change in the underlying, existing Miami 21 Transect Zone (refer to Table 3). Therefore, the allowed Uses under Article 4, Table 3 (T6-O), and Development Standards under Article 5, Section 5.6 (T6) will remain the same. Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 5 of 9 09/02/2022 Neighborhood Context photos Listed below are street views of the Property and its businesses fronting North Miami Avenue, refer to Figures 4 and 5. Figure 5: 1317 N Miami Avenue (ABC Group, the owner of a restaurant supply store) Figure 4: 1353 N Miami Avenue (Metro Food Supply, the owner of a resturant food supply store) E. REZONE ANALYSIS CRITERIA Pursuant to Article 7, Section 7.1.2.8.a of the Miami 21 Code, "The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone...." However, all changes must maintain the goals of this Code, which are to preserve neighborhoods and provide transitions in Intensity, Density, building height, and scale for that specified zoning Transect Zone. Criteria 1 Under Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code: "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. Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 6 of 9 09/02/2022 In the context of this Zoning Application, the related, applicable goal of the adopted MCNP is the Land Use Element, Goal LU-3: "[To] encourage urban redevelopment in identified urban infill areas and urban redevelopment areas" and the Transportation Element, Policy TR-1.1.5: "[t]he City shall encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers." Analysis 1 Land Use Policy LU-1.1.11 of the MCNP designates the Property as an urban infill area. Therefore it is conducive to an urban infill redevelopment project that is being served by public facilities that meet or exceed the minimum Level of Service (LOS) standards adopted in the Capital Improvements Element (CIE) of the MCNP. Furthermore, the Property is located within two (2) City -designated Transit Overlay Areas: Transit Oriented Development and Transit Corridor Quarter -Mile Radius, refer to Figure 4: 4 e Centers and Transit Corridors (2016} e •, gi F i „ - - l `. 4p fir / �\ g eye ,° -- a e �,.�. i wyy „w sa s, T { � � - .—I me - �..sue '34 11 • • NR� SIr __ A� f 395 — �arn - 11 E ` ream- w n.r k, �_ .-- • �.�.. N ,was- III I 6 ! 1 m w.s, _ i v $ s.r�s.r 0,_ g, 4 I f 3 im sn',r aT _Iiiiiiii7•‘ a O9 .,... Legend 0 t D'... Centers .... . _ — rill ys 'yM1 ...a,Trap r '� {y ``' I 0 i72 mole b 9er or;un; FAetrara,l Statinne a sw e<s* J C, 2 Miles Figure 6: MCNP, Transportation Element, Exhibit D - MCNP - Appendix TR-1, Map TR — 13.2 - Centers and Transit Corridors (2016); the red star in the upper lefthand corner = the approximate location of the Property. Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 7 of 9 09/02/2022 • NOTCC€ Finding 1 Staff finds the request consistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code. Criteria 2 Under Article 7, Section 7.1.2.8.f.1.b of the Miami 21 Code: "the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary." Analysis 2 Two significant changes have been identified as the basis for the proposed amendment to the Miami 21 Code's Zoning Atlas: Change #1: Since adopting the Miami 21 Code on October 22, 2009, the City Commission has approved six (6) separate rezones within a 0.25-mile radius of the Property (refer to Table 4). These six rezones involved changing their existing zoning classification from T6-24A-O to T6-24B-O. Ordinanc e Date Details Change 13689 6/22/2017 1336 NE 1 AV, 1348 NE 1 T6-24A-O to T6-24B-O AV, 1366 NE 1 AV, 50 NE 14 ST, 58 NE 14 ST & 1335 NE MIAMI CT 13706 10/26/201 1502 NE MIAMI PL, 1512 T6-24A-O to T6-24B-O 7 NE MIAMI PL, 1523 NE MIAMI CT & 47 NE 15 ST 13739 1/25/2018 1441 NORTH MIAMI AV, 1445 NORTH MIAMI AV, 1455 NORTH MIAMI AV, 1412 NE MIAMI CT, 1418 T6-24A-O to T6-24B-O NE MIAMI CT, 1428 NE MIAMI CT, 1432 NE MIAMI CT, 25 NE 14 ST & 31 NE 14 ST 13742 1/25/2018 70 NE 17 ST, 90 NE 17 ST T6-24A-O to T6-24B-O & 1642 NE 1 AV 14184 6/22/2023 1600 NE 2 AV T6-24A-O to T6-24B-O 14209 9/28/2023 1635 N MIAMI AV T6-24A-O to T6-24B-O Table 4: Changing conditions: City Commission -adopted Rezones and Special Area Plans Change #2: The City, within the past few years, approved a series of Transit - oriented legislation items involving Parking standards as identified below: • Ordinance 13565: amend Transit Corridor Definition and Standards for Parking Reduction. • Ordinance 14065, the zoning ordinance of the City of Miami, FL, as amended; more specifically by Amending Table 4 of the Miami 21 Code, Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 8 of 9 09/02/2022 • NOTCC€ titled "Density, Intensity, and Parking," to change the method by which the parking ratio may be reduced within a transit -oriented development area or a transit corridor from a Waiver process to the process of an exception with City Commission approval. These two (2) Ordinances can potentially influence the parking requirements for future redevelopment of this Property. The two identified changing conditions justify the request to change the Miami 21 Code's Zoning Atlas Map. Finding 2 Staff finds the request consistent with Article 7, Section 7.1.2.8.f.1.b of the Miami 21 Code. Criteria 3 Under 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 Under Article 7, Section 7.1.2.8.a.1 and Article 7, Section 7.1.2.8.a.3, the request to change the zoning classification from T6-24A-O to T6-24B-O is successional and does not alter the neighborhood's character in terms of change in the allowed Uses or Density. In contrast, the Intensity of this zoning change will be measured by the magnitude of the increase in the FLR from 7 to 16. Finding 3 Staff finds the request consistent with Section 7.1.2.8.f.2 of the Miami 21 Code. CONCLUSION & RECOMMENDATION The Miami 21 Code includes various planning principles to ensure necessary "checks and balances," including criteria for zoning changes. These principles promote cohesive growth, conservation, and redevelopment while considering the City's existing conditions, infrastructure, and established neighborhoods. Considering these factors, this rezone is not disruptive to this immediate neighborhood because it does not increase the Density or Intensity of uses. Rather, this rezone results in an increase in the bonus FLR from 7 to 16 for future redevelopment project(s) in exchange for the developer's contribution to specified programs that benefit the public. Furthermore, the rezone complies with the three (3) criteria under Article 7, Section 7.2.8 of the Miami 21 Code. Finally, this rezoning brings any future redevelopment project(s) into further compliance with the intent of the MCNP's UCBD, which is defined as a single urban core area within the City of Miami that shall contain high -intensity, high -density Mixed -use development with an FLR maximum of 37.0. Per Article 7, Section 7.1.2.8 of the Miami 21 Code and considering the findings above and the Applicant's submission, the Planning Department recommends Approval of the proposed change in zoning classification from "T6-24A-O," Urban Core Transect Zone to "T6-24B-O," Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 9 of 9 09/02/2022 • NOTCCE Urban Core Transect Zone for the Property located at 1317 North Miami Avenue and 1353 North Miami Avenue, Miami, Florida. DocuSigned by: StAhw 77D014848CA84136... David Snow Planning Director DocuSigned by: 3A75CAC5AF7E446... Sevanne Steiner, CNU-A Assistant Planning Director DocuSigned by: r 72FA59AD74CE481... Darren Murphy Planner II Staff Analysis Report PZ-23-17458: 1317 N MIAMI AV -RE -Zoning Application — Page 10 of 9 09/02/2022 AERIAL EPLAN ID: PZ-23-17141 REZONE ADDRESSES: 1317 N MIAMI AV; 1353 N MIAMI AV 0 135 270 540 Feet MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-23-17458 REZONE ADDRESSES: 1317 N MIAMI AV; 1353 N MIAMI AV 0 140 280 560 Feet NW 14TH ST, NW 13TH ST T6-60A-0 NW 12-T SEOPW Com. NE 14TH ST Omni CF6Perf. Arts & MED T6124*0101 T6-24A=0 NE 13TH ST MIAMI 21 ATLAS (PROPOSED) EPLAN ID: PZ-23-17458 REZONE ADDRESSES: 1317 N MIAMI AV; 1353 N MIAMI AV 0 140 280 560 Feet NW 14TH ST, T6-60A-0 NW 12-T SEOPW Com. NE 14TH ST Omni CF6Perf. Arts & MED T6-24A-0-1 T6;24B-O NW 13TH ST T6-24A=0 NE 13TH ST