HomeMy WebLinkAboutAnalysis and MapsDocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Cede. The applies de decision -making body will
rodew the information at the pubc hearing to render a
recommendation or a final decla on.
PZ-21-10163
06/29/23
City of Miami
Planning Department
ANALYSIS FOR
REZONE
Staff Analysis Report No.
PZ-21-10163
Location
349 SW 12 Street; 375 SW 15 Road; 1109 and 1131 SW 4
Avenue; 364 SW 11 Street
Folio Number
0102080301120; 0102080301090; 0102080301080;
0102080301070; 0102080301060
Miami 21 Transect
"T5-L" Urban Center Zone — Limited
MCNP Designation
Medium Density Restricted Commercial
Commission District
District 3 — Joe Carollo
Department of Human
Service Neighborhood
Service Center
District 3 Commission Office
Planner
Maxwell Utter, Planner II
Property Owner
MF2, LLC; KLA Elementary, LLC; Pablo Lopez
Project Representative
Alessandria San Roman, Esq.
(alessandria.sanroman@hklaw.com)
A. REQUEST
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, MF2,
LLC, KLA Elementary, LLC, and Pablo Lopez (collectively, the "Applicant") requests a change
of zoning from "T5-L" Urban Center Zone — Limited to "T5-O" Urban Center Zone — Open
for the Property located at approximately 349 Southwest 12 Street, 375 Southwest 15 Road,
1109 and 1131 Southwest 4 Avenue, and 364 Southwest 11 Street, Miami, Florida (collectively,
the "Property").
PZ-21-10163_ZC_349 SW 12 ST — Page 1
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
Existing Miami 21 Transect Zone
B. RECOMMENDATION
This submittal needs to be scheduled fora public hearing
in accord and wM1h timelines set forth in the City of
Miami Code. The applica decision -making body will
renew the Information at the punt hearing to render e
recommendation or a final decision.
Proposed Miami 21 Transect Zone
PZ-21-10163
06/29/23
Pursuant to Miami 21, Article 7, Section 7.1.2.8, as amended, the Planning Department
recommends Denial of the requested change of zoning from "T5-L" Urban Center Transect
Zone — Limited to "T5-O" Urban Center Transect Zone — Open for the Property located at
approximately 349 Southwest 12 Street, 375 Southwest 15 Road, 1109 and 1131 Southwest 4
Avenue, and 364 Southwest 11 Street, Miami, Florida based upon the findings in this staff
analysis.
C. PROJECT DATA
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
T4-R
Medium Density Multifamily
Residential (65 DU/AC)
Multi -family residential,
Single-family residential
South
T4-O
Low Density Restricted
Commercial (36 DU/AC)
Multi -family residential
PZ-21-10163_ZC_349 SW 12 ST — Page 2
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled fora public hearing
in accord and wM1h timelines set forth in the City of
Miami Code. The applica decision -making body will
renew the Information at the punt hearing to render e
recommendation or a final decision.
PZ-21-10163
06/29/23
East
N/A
N/A
1-95 Interstate
West
CS, T3-O
Public Parks and
Recreation; Duplex
Residential (18 DU/AC)
Triangle Park, Two -
family residential
RELATED APPROVALS
N/A
D. BACKGROUND
The Property is comprised of five parcels located directly west of the 1-95 Interstate and east of City
of Miami Triangle Park. Totaling approximately 44,996 square feet (1.03 acres), the assemblage
encompasses the city block bounded by SW 11 Street to the north, SW 12 Street and SW 15 Road
to the south, and SW 4 Avenue to the west. The Property is zoned "T5-L" Urban Center Transect
Zone — Limited and is in the Commission District 3 Neighborhood Service Center Area (see Figure
1).
The parcel at 349 NW 12 Street is developed with a two-story building, constructed in 1934, and the
parcel located at 364 SW 11 Street is developed with a two-story multi -family building constructed in
1948. A new KLA Preschool and Elementary School is under construction on the three parcels located
at 375 SW 15 Road and 1109 and 1131 SW 4 Avenue, approved pursuant to Planning Warrant 2017-
0084. The properties in the vicinity of the Property are predominately one and two stories in height
which correspond to their low -scale zoning designations.
The Property falls within the boundaries of a Transit Oriented Development (TOD) Area due to its
proximity to the Brickell Metrorail Station. Furthermore, the Property is within a '/4 mile of the SW 3
Avenue Transit Corridor which is served by Miami Dade County Metrobus and City of Miami Trolley
routes.
PZ-21-10163_ZC_349 SW 12 ST — Page 3
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled fora pubic hearing
in accord and w10 timelines set forth in the City of
Miami Code. The applicade decision -making body will
renew the Information al the pubge hearing to render a
recommendation or a final decision.
PZ-21-10163
06/29/23
Figure 1: Aerial of subject site outlined in red
PZ-21-10163_ZC_349 SW 12 ST — Page 4
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled fora public hearing
in accord and wM1h timelines set forth in the City of
Miami Code. The applicade decision -making bodywill
renew the Information at the punt hearing to render e
recommendation or a final decision.
PZ-21-10163
06/29/23
PROPERTY PHOTOS:
View of the Property located at 349 SW 12 ST. The new KLA View looking northeast at the Property located at 375 SW 15
elementary and middle school is under construction. RD, 1109 and 1131 SW 4 AV (KLA).
View looking southeast at the Property located at 375 SW 15
RD, 1109 and 1131 SW 4 AV (KLA)
NEIGHBORHOOD CONTEXT PHOTOS:
View of the "T4-O" properties located south of the Property
along SW 15 RD
View looking south at the Property located at 364 SW 11 ST.
View of "T3-O" properties located west of the Property at
intersection of SW 4 AV and SW 17 RD.
PZ-21-10163_ZC_349 SW 12 ST — Page 5
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
View of Triangle Park located from intersection of SW 15 RD
and SW 4 AV.
Looking north at "T4-R" properties along SW 4 AV.
DEMOGRAPHICS:
This submittal needs to be scheduled fora public hearing
in accord and wM1h timelines set forth in the City of
Miami Code. The applica decision -making body will
renew the Information at the punt hearing to render e
recommendation or a final decision.
PZ-21-10163
06/29/23
``IIIIIIIIII�iiiiII q
ul �1��kld!l�lli��In`c4lliY�j§ �t _
kk 1.
View looking east on SW 11 ST. "T4-R" properties are located
north of Triangle Park.
The Property is part of the US Census Tract 12086006601. According to the American
Community Survey (ACS), 5-year estimates (2015-2019), the median household income for the
Census Tract is $48,713, which is above the median household income for Miami ($39,049) and
for Miami -Dade County ($51,347).
The Census Tract in which the Property is located has a total of 2,895 households with a total of
3,114 housing units. This is higher than the Census Tracts to the west which range between
969 and 1,523 units, but less than the Census Tract directly to the south which contains 8,519
units. At the Block Group level, the Block Group (120860066012) in which the Property is
located in contains 310 units which is approximately half of the number of units located in the
block group to the north and approximately one quarter of the units in the two block groups to
the east which contain approximately 1,130 units each. The percentage of families living in
poverty in this Census Tract is 12.44 percent compared to the City at 19.32 percent and the
County at 13.8 percent.
PZ-21-10163_ZC_349 SW 12 ST — Page 6
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled fora pubic hearing
in accord and w10 timelines set forth in the City of
Miami Code. The applica decision -making body will
renew the Information al the pubge hearing to render a
recommendation or a final decision.
PZ-21-10163
06/29/23
The same ACS 5-year estimate data showed that approximately 66.01 percent of households in
the subject Census Tract rented their homes. The median rent for a unit in the Census Tract is
$1,191 which is comparable to the Census Tracts to the north, east, and west.
Table 2: Collected Census Data — 2010 Census Tract: 12086006601
Topic
Data'
Number of Households
2,895
Number of Housing Units
3,114
Median Household Income
$48,713
Percent of Families under the Poverty Line
12.44
Percent of Households that rent
66.01
Median Rent
$1,191
(68.76% Rental cost burdened)
1. Data was retrieved from the U.S. Census Bureau. Data from the Decennial Census and
the American Community Survey was compiled for this report.
E. ANALYSIS
The Rezoning, as proposed, has been analyzed for conformance with the Miami Comprehensive
Neighborhood Plan, the Miami 21 Code, and Article 7, Section 7.1.2.8, of Ordinance 13114, as
amended.
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN:
Pursuant to the adopted Future Land Use Map (FLUM) of the Miami Neighborhood
Comprehensive Plan (MCNP), the Property is designated "Medium Density Restricted
Commercial" which allows a maximum Density of 65 DU/AC and is intended for a broad range of
uses including residential, general office, and commercial activities that serve the daily retailing
and service needs of the public.
Per the Correspondence Table - Zoning and Comprehensive Plan of the FLUM, the requested
change of zoning from T5-L to T5-O is consistent with the Property's existing future land use
(FLU); as such, a companion FLUM Amendment is not required.
MIAMI 21 CODE:
The Property is zoned "T5-L" Urban Center Transect Zone — Limited. Supported development in
this zoning designation includes a variety of residential, commercial, civic, and educational uses.
Excerpts from Article 4, Table 3 and Article 5 of the Miami 21 Code highlight the allowed Uses
and development standards that would change as a result of the proposed rezoning.
PZ-21-10163_ZC_349 SW 12 ST — Page 7
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled fora pubic hearing
in accord and w10 timelines set forth in the City of
Miami Code. The applica decision -making body will
renew the Information al the pubge hearing to render a
recommendation or a final decision.
PZ-21-10163
06/29/23
As exhibited below, the allowed Uses within the T5-L and T5-O Zoning Transects are identical to
and prescribe the same processes to permit Uses except for Auto -Related Commercial
Establishments and Entertainment Establishments. The primary difference between the existing
and proposed zoning designations is that Office and Commercial development is not restricted in
the T5-O Transect Zone as it is in T5-L, which limits these uses to the first and second stories
and less than 25-percent of the total Building floor area.
Article 4, Table 3 Building Function: Uses
Commercial
T5-L
T5-O
Auto -Related Commercial Establishment
W
Entertainment Establishment
W
R
Excerpt of Miami 21, Article 4, Table 4
T5-L
T5-O
Office
The first and second Story of the
Principal Building and Office and
Commercial Uses shall be less
than 25% Building floor area total.
Commercial
The first and second Story of the
Principal Building and Office and
Commercial Uses shall be less
than 25% Building floor area total.
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 21. In the recommendation, staff must show that it
considered and studied the request with regard to the three criteria identified in Miami 21 Article
7, Section 7.1.2.8 (f). The criteria and staff's findings are provided below.
Criteria 1
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."
PZ-21-10163_ZC_349 SW 12 ST — Page 8
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DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
Analysis of
Criteria 1
Finding 1
This submittal needs to be scheduled fora pubic hearing
in accord and w10 timelines set forth in the City of
Miami Code. The applicade decision -making body will
renew the Information al the pubge hearing to render a
recommendation or a final decision.
PZ-21-10163
06/29/23
The request to rezone from T5-L to T5-O is consistent with the FLUM designation of
Medium Density Restricted Commercial, as such, a FLUM amendment is not
required.
The Applicant states in their letter of intent to that "the re -designation of the Property
to T5-O will expand the commercial and office uses available on the Property
specifically as it relates to the MF2 parcel." The Applicant cites this in support of Land
Use policies LU-1.1.3 and 1.1.7 which speak to the preservation and creation of
mixed -use, walkable neighborhoods that are accessible by a variety of transportation
modes.
Although located in a city -designated TOD area, an analysis of the immediate context
yields that the Property is located in an established residential neighborhood. The
properties to the north and west have FLU designations of "Medium Density
Multifamily Residential" and "Duplex Residential", respectively, which correspond to
the lower -scale residential land use patterns observed in the area. By opening the
possibility for a development comprised entirely of Commercial or Office uses, as
explained in the Miami 21 analysis above, the T5-O Transect Zone has the potential
to impact the neighborhood's current quality of life by introducing more traffic and
congestion. The Planning Department finds the resulting development pattern to be
inconsistent with Land Use policies LU-1.1.3 and LU-1.6.9:
LU-1.1.3: "The City's zoning ordinance provides for protection of all areas of the city
from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of
future land uses in adjacent areas that disrupt or degrade public health and safety,
or natural or man-made amenities; (3) transportation policies that divide or fragment
established neighborhoods; and (4) degradation of public open space, environment,
and ecology. Strategies to further protect existing neighborhoods through the
development of appropriate transition standards and buffering requirements will be
incorporated into the City's land development regulations."
LU-1.6.9: "The City's land development regulations will establish mechanisms to
mitigate the potentially adverse impacts of new development on existing
neighborhoods through the development of appropriate transition standards and
buffering requirements."
Pursuant to Article 7, Section 7.1.28 (f)(1)(a) of Miami 21 Code, the request to rezone
is inconsistent with the goals, objectives, and policies of the Comprehensive Plan,
Miami 21 Code.
PZ-21-10163_ZC_349 SW 12 ST — Page 9
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DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
Criteria 2
Analysis of
Criteria 2
This submittal needs to be scheduled fora pubic hearing
in accord and w10 timelines set forth in the City of
Miami Code. The applicade decision -making body will
renew the Information al the pubge hearing to render a
recommendation or a final decision.
PZ-21-10163
06/29/23
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."
An analysis of the surrounding area reveals that there have been no changes to the
Transect boundaries in the vicinity of the Property since the adoption of Miami 21.
Under the former City of Miami Zoning Ordinance 11000, the Property along with the
properties to the north were zoned "R-3" Multifamily Medium -Density Residential
which is similar to the Miami 21 T5-L/O (65 DU/AC). The properties to the south and
west were zoned "R-2" Two -Family Residential, which is similar to the Miami 21 T3-
0 Transect Zones (18 DU/AC).
With the adoption of the Miami 21 Code, the Property was rezoned from "R-3" to "T5-
L" Urban Center Transect Zone— Limited, and the properties to the south were
rezoned from "R-2" to "T4-O" General Urban Transect Zone — Open. This resulted in
a transitional zoning boundary between the T6 properties to the east across 1-95 and
the Tower -density properties to the west (rezoned from "R-2" to "T3-O" Sub -Urban
Transect Zone —Open) and to the north (rezoned from "R-3" to "T4-R" General Urban
Transect Zone — Restricted). The zoning under the former 11000 Code and existing
Miami 21 Code are shown in the maps below.
PZ-21-10163_ZC_349 SW 12 ST — Page 10
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled fora public hearing
in accord and wtl timelines set forth in the City of
Miami Code. The applicade decision -making bodywill
renew the Information at the punt hearing to render e
recommendation or a final decision.
PZ-21-10163
06/29/23
Former 11000 Zoning Code with the Property outlined in blue
PZ-21-10163_ZC_349 SW 12 ST — Page 11
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled fora pubic hearing
in accord and w10 timelines set forth in the City of
Miami Code. The applicade decision -making body will
renew the Information al the pubge hearing to render a
recommendation or a final decision.
PZ-21-10163
06/29/23
Existing Miami 21 Code with the Property outlined in blue
Beyond zoning boundary changes, the Applicant has not provided a valid justification
for the requested change except that rezoning the Property to T5-O will permit the
property owner at 349 SW 12 AV (MF2) "to use the entirety of the existing building
as commercial and office use," and "will match the uses already permitted by the
abutting T4-O designation." It should be noted that while the T4-O Transect Zone
does not limit the size of Office Uses, there are still limitations on Commercial Uses
which are restricted to a maximum area of 4,000 square feet per establishment
pursuant to Article 4, Table 4 of Miami 21. Furthermore, the T4-O properties
referenced in the Applicant's letter of intent are developed with multifamily housing.
The Applicant also stated in their letter of intent that "the KLA and Lopez parcels plan
to remain the same; However, should Mr. Lopez choose in the future, given his parcel
is located next to Interstate 95, to use it as commercial and/or office space, the rezone
will allow him that flexibility." Rezoning five parcels for the benefit of a single property
owner (MF2) does not constitute a valid justification for the request.
PZ-21-10163_ZC_349 SW 12 ST — Page 12
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled fora pubic hearing
in accord and w10 timelines set forth in the City of
Miami Code. The applicade decision -making body will
renew the Information al the pubge hearing to render a
recommendation or a final decision.
PZ-21-10163
06/29/23
Finding 2 In accordance with Article 7, Section 7.1.2.8 (f)(1)(b) of Miami 21 Code, the requested
change in zoning is inconsistent.
Criteria 3 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 of Section 7.1.2.8.2. establishes that changes shall occur in succession, in which the
Criteria 3 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,
or through a Special Area Plan.
Although the request to rezone from T5-L to T5-O is successional pursuant to Article
7, Section 7.1.2.8.a.3. of Miami 21, the proposed change represents an increase in
Office and Commercial intensity within established T3 and T4 neighborhoods.
As discussed above, there have been no changes to the Transect boundaries in the
immediate area since the adoption of Miami 21. Additionally, while the requested
change would not result in an increase in Density, it unlocks the potential for a
development comprised entirely of office and commercial uses adjacent to a
residential neighborhood. This represents a further encroachment of development
intensity that is incompatible with the longstanding development patterns in the area.
Finding 3 In accordance with Article 7, Section 7.1.2.8 (a)(3) of Miami 21 Code, the request to
rezone is consistent with successional requirements.
In accordance with Article 7, Section 7.1.2.8 (f)(2) of Miami 21 Code, the request to
rezone is inconsistent with the Miami 21 Code.
F. NEIGHBORHOOD SERVICES
Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the Planning Department has made
referrals to the agencies below:
• Commission District 3 Neighborhood Service Center Area
• Office of Code Compliance
The comments and recommendations from the reviewing departments and agencies have been
considered and are reflected in this staff report.
PZ-21-10163_ZC_349 SW 12 ST — Page 13
11/18/2021
DocuSign Envelope ID: AF3ABA58-BAAC-44C6-AF8A-A92686C7A69E
This submittal needs to be scheduled for a puboc hearing
in accordance with timelines set forth in the City of
Miami Code.The applica de decision -making bodywill
renew the information at the pubc hearing to render a
recommendation or a final decision.
PZ-21-10163
06/29/23
Based on Planning staff's analysis of the surrounding context, the Miami 21 Code, the former
11000 Ordinance, and the goals and objectives of Miami 21 and the MCNP, the request to rezone
the Property from T5-L to T5-O is not justified. The Applicant has stated in their letter of intent and
supporting documents that the proposed changed is requested primarily to benefit the
development potential of the property located at 349 SW 12 Street. Furthermore, the change to
T5-O represents the further encroachment of non-residential intensity within a well -established
residential neighborhood. This would result in a development pattern that is contrary to the Miami
21 principal of transitional zoning.
Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, and the
aforementioned findings, the Planning Department recommends Denial of the requested change
of zoning from "T5-L" Urban Center Transect Zone — Limited to "T5-O" Urban Center Transect
Zone — Open for the Property located at approximately 349 Southwest 12 Street, 375 Southwest
15 Road, 1109 and 1131 Southwest 4 Avenue.
,—DocuSigned by:
(,Ais(4.ai.
F'2FFF(Ir6r tdQF
Lakisha Hull, AICP, LEED AP BD+C
Planning Director
,—DocuSigned by:
5tAi., S'futn.t,vr
`-4A76('AC;6AF7F446
Sevanne Steiner CNU-A, Assistant Director/ Interim Chief
Land Development
,—DocuSigned by:
AA49,wdi, Uttu r
`-516A5D057573427
Maxwell Utter, Planner II
Land Development
Attachments:
Attachment 1 — Exhibit A — Legal Description
PZ-21-10163_ZC_349 SW 12 ST — Page 14
11/18/2021
City of miami
Planning Department
ills submittal needs to beschebuied fora public hearing
In accordance wim timelines set forth in the City of
Miani Code. The applicade deosion-ma king body will
renew Ueintonnabon at the public hearing to render
recommendation or a final decal on.
PZ-21-10163
11/24/21
ANALYSIS FOR
REZONE
Staff Analysis Report No.
PZ-21-10163
Location
349 SW 12 Street; 375 SW 15 Road; 1109 and 1131 SW 4
Avenue; 364 SW 11 Street
Folio Number
0102080301120; 0102080301090; 0102080301080;
0102080301070; 0102080301060
Miami 21 Transect
"T5-L" Urban Center Zone — Limited
MCNP Designation
Medium Density Restricted Commercial
Commission District
District 3 — Joe Carollo
Department of Human
Service Neighborhood
Service Center
District 3 Commission Office
Planner
Megan Echols, Planner II
Property Owner
MF2, LLC; KLA Elementary, LLC; Pablo Lopez
Project Representative
Alessandria San Roman, Esq.
(alessandria.sanroman@hklaw.com)
A. REQUEST
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, MF2, LLC, KLA
Elementary, LLC, and Pablo Lopez (collectively, the "Applicant") request a change of zoning from
"T5-L" Urban Center Zone — Limited to "T5-O" Urban Center Zone — Open for the Property
located at approximately 349 Southwest 12 Street, 375 Southwest 15 Road, 1109 and 1131
Southwest 4 Avenue, and 364 Southwest 11 Street, Miami, Florida (collectively, the "Property").
Page 1 of 9
Existing Miami 21 Transect Zone Proposed Miami 21 Transect Zone
B. RECOMMENDATION
Pursuant to Miami 21, Article 7, Section 7.1.2.8, as amended, the Planning Department recommends
Denial of the requested change of zoning from "T5-L" Urban Center Transect Zone — Limited to "T5-
0" Urban Center Transect Zone — Open for the Property located at approximately 349 Southwest 12
Street, 375 Southwest 15 Road, 1109 and 1131 Southwest 4 Avenue, and 364 Southwest 11 Street,
Miami, Florida based upon the findings in this staff analysis.
C. PROJECT DATA
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
T4-R
Medium Density Multifamily
Residential (65 DU/AC)
Multi -family residential,
Single-family residential
South
T4-O
Low Density Restricted
Commercial (36 DU/AC)
Multi -family residential
East
N/A
N/A
1-95 Interstate
West
CS, T3-O
Public Parks and
Recreation; Duplex
Residential (18 DU/AC)
Triangle Park, Two -
family residential
RELATED APPROVALS
Date
Action
N/A
D. BACKGROUND
The Property is comprised of five parcels located directly west of the 1-95 Interstate and east of City of
Miami Triangle Park. Totaling approximately 44,996 square feet (1.03 acres), the assemblage
encompasses the city block bounded by SW 11 Street to the north, SW 12 Street and SW 15 Road to
the south, and SW 4 Avenue to the west. The Property is zoned "T5-L" Urban Center Transect Zone —
Limited and is in the Commission District 3 Neighborhood Service Center Area (see Figure 1).
The parcel at 349 NW 12 Street is developed with a two-story building, constructed in 1934, and the
parcel located at 364 SW 11 Street is developed with a two-story multi -family building constructed in
1948. A new KLA Preschool and Elementary School is under construction on the three parcels located
at 375 SW 15 Road and 1109 and 1131 SW 4 Avenue, approved pursuant to Planning Warrant 2017-
0084. The properties in the vicinity of the Property are predominately one and two stories in height
which correspond to their low -scale zoning designations.
The Property falls within the boundaries of a Transit Oriented Development (TOD) Area due to its
proximity to the Brickell Metrorail Station. Furthermore, the Property is within a 1/4 mile of the SW 3
Avenue Transit Corridor which is served by Miami Dade County Metrobus and City of Miami Trolley
routes.
Page 2 of 9
Figure 1: Aerial of subject site outlined in red
PROPERTY PHOTOS:
View of the Property located at 349 SW 12 ST. The new KLA
elementary and middle school is under construction.
View looking northeast at the Property located at 375 SW 15 RD,
1109 and 1131 SW 4AV (KLA).
Page 3 of 9
View looking southeast at the Property located at 375 SW 15
RD, 1109 and 1131 SW 4AV (KLA)
NEIGHBORHOOD CONTEXT PHOTOS:
View of the "T4-O" properties located south of the Property
along SW 15 RD
View of Trangle Park located from intersection of SW 15 RD
and SW 4AV.
Looking north at "T4-R" properties along SW 4AV.
DEMOGRAPHICS:
View looking south at the Property located at 364 SW 11 ST.
View of "T3-O" properties located west of the Property at
intersection of SW 4AV and SW 17 RD.
View looking east on SW 11 ST. "T4-R" properties are located
north of Triangle Park.
The Property is part of the US Census Tract 12086006601. According to the American Community
Survey (ACS), 5-year estimates (2015-2019), the median household income for the Census Tract is
$48,713, which is above the median household income for Miami ($39,049) and for Miami -Dade
County ($51,347).
The Census Tract in which the Property is located has a total of 2,895 households with a total of 3,114
housing units. This is higher than the Census Tracts to the west which range between 969 and 1,523
units, but less than the Census Tract directly to the south which contains 8,519 units. At the Block
Group level, the Block Group (120860066012) in which the Property is located in contains 310 units
which is approximately half of the number of units located in the block group to the north and
approximately one quarter of the units in the two block groups to the east which contain appro)OgiNtA4 9
1,130 units each. The percentage of families living in poverty in this Census Tract is 12.44 percent
compared to the City at 19.32 percent and the County at 13.8 percent.
The same ACS 5-year estimate data showed that approximately 66.01 percent of households in the
subject Census Tract rented their homes. The median rent for a unit in the Census Tract is $1,191
which is comparable to the Census Tracts to the north, east, and west.
Table 2: Collected Census Data — 2010 Census Tract: 12086006601
Topic
Data1
Number of Households
2,895
Number of Housing Units
3,114
Median Household Income
$48,713
Percent of Families under the Poverty Line
12.44
Percent of Households that rent
66.01
Median Rent
$1,191
(68.76% Rental cost burdened)
PZ-21-10163
1. Data was retrieved from the U.S. Census Bureau. Data from the Decennial Census and the
American Community Survey was compiled for this report.
E. ANALYSIS
The Rezoning, as proposed, has been analyzed for conformance with the Miami Comprehensive
Neighborhood Plan, the Miami 21 Code, and Article 7, Section 7.1.2.8, of Ordinance 13114, as
amended.
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN:
Pursuant to the adopted Future Land Use Map (FLUM) of the Miami Neighborhood Comprehensive
Plan (MCNP), the Property is designated "Medium Density Restricted Commercial" which allows a
maximum Density of 65 DU/AC and is intended for a broad range of uses including residential,
general office, and commercial activities that serve the daily retailing and service needs of the public.
Per the Correspondence Table - Zoning and Comprehensive Plan of the FLUM, the requested change
of zoning from T5-L to T5-O is consistent with the Property's existing future land use (FLU); as such, a
companion FLUM Amendment is not required.
MIAMI 21 CODE:
The Property is zoned "T5-L" Urban Center Transect Zone — Limited. Supported development in this
zoning designation includes a variety of residential, commercial, civic, and educational uses. Excerpts
from Article 4, Table 3 and Article 5 of the Miami 21 Code highlight the allowed Uses and development
standards that would change as a result of the proposed rezoning.
As exhibited below, the allowed Uses within the T5-L and T5-O Zoning Transects are identical to and
prescribe the same processes to permit Uses except for Auto -Related Commercial Establishments
and Entertainment Establishments. The primary difference between the existing and proposed zoning
designations is that Office and Commercial development is not restricted in the T5-O Transect Zone
as it is in T5-L, which limits these uses to the first and second stories and less than 25-percent of the
total Building floor area.
Article 4, Table 3 Building Function: Uses
Commercial
T5-L
T5-O
Auto -Related Commercial Establishment
W
Entertainment Establishment
W
R
Excerpt of Miami 21, Article 4, Table 4
T5-L
T5-O
Office
The first and second Story of the
Principal Building and Office and
Commercial Uses shall be less
than 25% Building floor area total.
Page 5 of 9
Commercial
The first and second Story of the
Principal Building and Office and
Commercial Uses shall be less
than 25% Building floor area total.
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 21. In the recommendation, staff must show that it
considered and studied the request with regard to the three criteria identified in Miami 21 Article 7,
Section 7.1.2.8 (f). The criteria and staffs findings are provided below.
Criteria 1 7.1.2.8 (t)(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 The request to rezone from T5-L to T5-O is consistent with the FLUM designation of
Criteria 1 Medium Density Restricted Commercial, as such, a FLUM amendment is not
required.
Finding 1
Criteria 2
The Applicant states in their letter of intent to that "the re -designation of the Property
to T5-O will expand the commercial and office uses available on the Property
specifically as it relates to the MF2 parcel." The Applicant cites this in support of
Land Use policies LU-1.1.3 and 1.1.7 which speak to the preservation and creation
of mixed -use, walkable neighborhoods that are accessible by a variety of
transportation modes.
Although located in a city -designated TOD area, an analysis of the immediate
context yields that the Property is located in an established residential
neighborhood. The properties to the north and west have FLU designations of
"Medium Density Multifamily Residential" and "Duplex Residential", respectively,
which correspond to the lower -scale residential land use patterns observed in the
area. By opening the possibility for a development comprised entirely of Commercial
or Office uses, as explained in the Miami 21 analysis above, the T5-O Transect
Zone has the potential to impact the neighborhood's current quality of life by
introducing more traffic and congestion. The Planning Department finds the resulting
development pattern to be inconsistent with Land Use policies LU-1.1.3 and LU-
1.6.9:
LU-1.1.3: "The City's zoning ordinance provides for protection of all areas of the city
from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of
future land uses in adjacent areas that disrupt or degrade public health and safety,
or natural or man-made amenities; (3) transportation policies that divide or fragment
established neighborhoods; and (4) degradation of public open space, environment,
and ecology. Strategies to further protect existing neighborhoods through the
development of appropriate transition standards and buffering requirements will be
incorporated into the City's land development regulations."
LU-1.6.9: "The City's land development regulations will establish mechanisms to
mitigate the potentially adverse impacts of new development on existing
neighborhoods through the development of appropriate transition standards and
buffering requirements."
Pursuant to Article 7, Section 7.1.28 (f)(1)(a) of Miami 21 Code, the request to
rezone is inconsistent with the goals, objectives, and policies of the Comprehensive
Plan, Miami 21 Code.
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
Page 6 of 9
Criteria 2
An analysis of the surrounding area reveals that there have been no changes to the
Transect boundaries in the vicinity of the Property since the adoption of Miami 21.
Under the former City of Miami Zoning Ordinance 11000, the Property along with the
properties to the north were zoned "R-3" Multifamily Medium -Density Residential
which is similar to the Miami 21 T5-L/O (65 DU/AC). The properties to the south and
west were zoned "R-2" Two -Family Residential, which is similar to the Miami 21 T3-
0 Transect Zones (18 DU/AC).
With the adoption of the Miami 21 Code, the Property was rezoned from "R-3" to
"T5-L" Urban Center Transect Zone— Limited, and the properties to the south were
rezoned from "R-2" to "T4-O" General Urban Transect Zone — Open. This resulted in
a transitional zoning boundary between the T6 properties to the east across 1-95 and
the lower -density properties to the west (rezoned from "R-2" to "T3-O" Sub -Urban
Transect Zone — Open) and to the north (rezoned from "R-3" to "T4-R" General
Urban Transect Zone — Restricted). The zoning under the former 11000 Code and
existing Miami 21 Code are shown in the maps below.
Former 11000 Zoning Code
Existing Miami 21 Code
Beyond zoning boundary changes, the Applicant has not provided a valid Page 7 of 9
justification for the requested change except that rezoning the Property to T5-0 will
permit the property owner at 349 SW 12AV (MF2) "to use the entirety of the existing
building as commercial and office use," and "will match the uses already permitted
by the abutting T4-O designation." It should be noted that while the T4-O Transect
Zone does not limit the size of Office Uses, there are still limitations on Commercial
Uses which are restricted to a maximum area of 4,000 square feet per establishment
pursuant to Article 4, Table 4 of Miami 21. Furthermore, the T4-O properties
referenced in the Applicant's letter of intent are developed with multifamily housing.
The Applicant also stated in their letter of intent that "the KLA and Lopez parcels
plan to remain the same; However, should Mr. Lopez choose in the future, given his
parcel is located next to Interstate 95, to use it as commercial and/or office space,
the rezone will allow him that flexibility." Rezoning five parcels for the benefit of a
single property owner (MF2) does not constitute a valid justification for the request.
Finding 2 In accordance with Article 7, Section 7.1.2.8 (f)(1)(b) of Miami 21 Code, the
requested change in zoning is inconsistent.
Criteria 3 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 of Section 7.1.2.8.2. establishes that changes shall occur in succession, in which the
Criteria 3 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,
or through a Special Area Plan.
Although the request to rezone from T5-L to T5-O is successional pursuant to Article
7, Section 7.1.2.8.a.3. of Miami 21, the proposed change represents an increase in
Office and Commercial intensity within established T3 and T4 neighborhoods.
As discussed above, there have been no changes to the Transect boundaries in the
immediate area since the adoption of Miami 21. Additionally, while the requested
change would not result in an increase in Density, it unlocks the potential for a
development comprised entirely of office and commercial uses adjacent to a
residential neighborhood. This represents a further encroachment of development
intensity that is incompatible with the longstanding development patterns in the area.
Finding 3 In accordance with Article 7, Section 7.1.2.8 (a)(3) of Miami 21 Code, the request to
rezone is consistent with successional requirements.
In accordance with Article 7, Section 7.1.2.8 (f)(2) of Miami 21 Code, the request to
rezone is inconsistent with the Miami 21 Code.
NEIGHBORHOOD SERVICES
Pursuant to Article 7, Section 7.1.3.4 of the Miami 21 Code, the Planning Department has made
referrals to the agencies below:
• Commission District 3 Neighborhood Service Center Area
• Office of Code Compliance
The comments and recommendations from the reviewing departments and agencies have been
considered and are reflected in this staff report.
G. CONCLUSION
Based on Planning staffs analysis of the surrounding context, the Miami 21 Code, the former 11000
Ordinance, and the goals and objectives of Miami 21 and the MCNP, the request to rezone the
Property from T5-L to T5-O is not justified. The Applicant has stated in their letter of intent and
supporting documents that the proposed changed is requested primarily to benefit the development
potential of the property located at 349 SW 12 Street. Furthermore, the change to T5-O represents the
further encroachment of non-residential intensity within a well -established residential neighborhood.
This would result in a development pattern that is contrary to the Miami 21 principal of transitional
zoning. Page 8 of 9
Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, and the
aforementioned findings, the Planning Department recommends Denial of the requested change of
zoning from "T5-L" Urban Center Transect Zone — Limited to "T5-O" Urban Center Transect Zone —
Open for the Property located at approximately 349 Southwest 12 Street, 375 Southwest 15 Road,
1109 and 1131 Southwest 4 Avenue.
Jacqueline Ellis
Chief of Land Development
Jacqueline Ellis
Chief of Land Development
PZ-21-10163 ZC 349 SW 12 ST - Page 1
11/18//2021
Page 9 of 9
AERIAL
EPLAN ID: PZ-21-10163
[REZONE]
ADDRESSES: 349 SW 12 ST; 377 SW 15 RD; 1131 SW 4 AV; 1109 SW 4 AV; 364 SW 11 ST
0
125 250
500 Feet
NOTICE
This submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Code. The applicable decision -making body will
review Ole Information at the public hearing to render a
recommendation or a final decia on.
PZ-21-10163
11/24/21
MIAMI 21 (EXISTING)
EPLAN ID: PZ-21-10163
[REZONE]
ADDRESSES: 349 SW 12 ST; 377 SW 15 RD; 1131 SW 4 AV; 1109 SW 4 AV; 364 SW 11 ST
0 125 250
500 Feet
SW 10TH ST
T4-R
SW'11TH ST-
W
1-
SW 12TH ST
T6-8-O
w
0
.2 SW-11TH ST
NOTICE
This submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Code. The applicable decision -making body will
review the Information at the public hearing to render a
recommendation or a final decid on.
PZ-21-10163
11/24/21
SW 10TH ST
7
T6-24A-O
- SW 12TH ST
• SS
W13TH ST-
•T6=12-\
• N`
MIAMI 21 (PROPOSED)
EPLAN ID: PZ-21-10163
[REZONE]
ADDRESSES: 349 SW 12 ST; 377 SW 15 RD; 1131 SW 4 AV; 1109 SW 4 AV; 364 SW 11 ST
0
125 250
500 Feet
SW 10TH ST
T4-R
SWr11TH'ST—
SW 12TH ST
sibs
TyRo
NOTICE
This submittal needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Cade. The applicable decision -making body MI
renew the information at the public hearing to render a
recommendation or a final decid on.
PZ-21-10163
11/24/21
--711111
SW 10TH ST
w
a
Acon
ct
SW 11TH ST
T6-24A=O
T6-8-O
SW 12TH ST
—SW113THYST~
•T6=12-
N