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*NE,A F ss} R Planning and Zoning Department
a Division of Land Development
Applicant(s):
Location:
Commission District
Net District Office:
A. GENERAL INFORMATION:
ANALYSIS FOR
REZONING
PZAB File ID No. 1667
Miami Plaza, LLC (the "Applicant")
Approximately 1502 NE Miami Place, 1512 NE Miami Place
1523 NE Miami Court, 47 NE 15 Street, Miami, Florida 33132
District 2 — Commissioner Ken Russell
Downtown/Brickell NET
REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the "Applicant" is
requesting a Rezoning for the properties located at approximately 1502 NE Miami Place, 1512 NE
Miami Place 1523 NE Miami Court, 47 NE 15 Street, Miami, Florida within the Urban Core Transect
Zone, from T6 -24A-0 (Urban Core -A -Open) to T6 -24B -O (Urban Core -B -Open).
Image # 1: Aerial of Subject properties
SUBJECT PROPERTIES: The subject properties encompass the southern portion of the city block;
generally bounded to the north by NE 16 Street, to the east by NE Miami Place, to the south by NE 15
Street and to the west by NE Miami Court.
The assemblage comprises four parcels totaling approximately 34,283 square feet or .78 acres, as
depicted in "Table No. 1: Property description and rezoning request" . The complete legal description of
the property is on file with the Hearing Boards Office,
Public Alley: The southern portion of the city block was bisected in North to South direction by a 10
foot wide alley. This alley was closed by the City of Miami Public Works Department Ordinance 13492
on March 23, 2015 for Alley number 23H12.
To develop the property as a single block the City of Miami Ordinance 13492 provides: "If the property
owners whose land abuts the alley desire that an easement reservation be released, the property
owners must petition the Director of the Public Works Department in writing to request the release of
the easement reservation and, as part of the petition, the property owners are to submit release letters
from all utility companies stating that said utility company will release any interest in an easement for
the closed and vacated alley. Upon verification of the petition and release letters, the Director of the
Public Works Department may release said easement reservation"'.
Table # 1: Property description and rezoning request
#
Folio No.
Address
Lot Size
(Sq, Ft.)*
Zoning Classification
Current
Proposed
1
0131360051010
1502 NE Miami Place
5,775
T6 -24A-0 (Urban
Core Transect
Zone — Open)
T6-2413-0 (Urban
Core Transect
Zone — Open)
2
0131360080330
1523 NE Miami Court
5,250
3
0131360080320
47 NE 15 Street
10,500
4
0131360080315
1512 NE Miami Place
12,758
34,283
*Note: Lot size in Table 1 reflects information obtained from public records. The surveys provided as part of the application
show adjustments in size when considering dedications. The aggregate area as per Survey is 34,283 sq. ft. (.78 ± acres).
The request depicted in Table 1 meets the criteria to apply for a rezone pursuant to Miami 21 Code,
Sec. 7.1.2.8(c) 1. The subject properties comply with the 200 linear feet of frontage on a single street,
in this case along NE 15 Street.
B. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
The properties proposed for the rezone from T6 -24A-0 to T624-13-0 have a Future Land Use Map
(FLUM) designation of "General Commercial'. Pursuant to the "Correspondence Table -Zoning and
3 City of Miami Ordinance 13492, dated March 23, 2015, modifying Chapter 54 Streets and sidewalks, Art.1,
Sec. 54-4.1 Public Alleys (b)
PZAB File ID No. 1667
1502 NE Miami Place
Page 2of8
Comprehensive Plan"' provided by the Miami Comprehensive Neighborhood Plan, the existing FLUM
is compatible with the current and proposed zoning designation; therefore, a FLUM amendment is not
required as part of this rezoning request.
The subject properties are located within the Omni Residential Density Increase Area, which allows up
to 500 residential units per acre.
The subject properties are also within the Urban Central Business District (UCBD), which targets the
single urban core area in the City of Miami. The UCBD is proposed to provide mass transit service,
becoming in the appropriate environment to house high-density and multi -use developments. The
subject property abuts the "School Board"- Metrorail Station, located immediately south of NE 15 Street,
between NE Miami Place and NE Miami Court.
C. BACKGROUND AND PROPOSAL
The subject properties are located in an area designated T6 -24A-0. This area is located north of 395
Expressway, and flanked to the east by an area designated T6 -36B-0, and to the west by an area
designated with D-1 and D-2 Transect Zones. The applicant has proffered a Declaration of Restrictive
Covenants to provide onsite Workforce Housing.
Staff's preference would be that any participation in the Public Benefit program, including the
participation proposed by the applicant's Covenant, include workforce housing servicing multiple
income ranges between 60% of the Area Median Income (AMI) and 140% of the Area Median Income
(AMI), as described in Sections 3.16.1 through 3.16.4 of the Miami 21 Code.
Image # 2: Current zones transition in the area
Z "Correspondence Table -Zoning and Comprehensive Plan" Miami Comprehensive Neighborhood Plan Goals,
Objectives and Policies, October 2015, page 26.
PZAB File ID No. 1667
1502 NE Miami Place
Page 3 of 8
The Transect Zone designations in the area provides for a transition in FLR and height decreasing to
the west as it is shown in Image #2 above and Table No. 2: Transition context below.
Table # 2: Zonincq transition in the area
Dev. Criteria
Transect Zone
D -1/D-2 4mT6-24-A-0 4mT6-36-6-0
FLR (multiplier)
-
7
22
Bonus
-
30%
40%
Height (Stories)
8+218
24+24=48
36+24= 60
The maximum development for the existing and the proposed zoning designation theoretically would
be as follows:
Lot size: 34,283sq.ft (.78 ± acres)
Density: 500 DU/acre
Max. Res. Unit allowed: 393 Res Units.
As shown in the table above, the By Right FLR of T6 -24-B is 76% higher than the By Right and Bonus
FLR of T6 -24-A transect zone. Therefore, the rezoning proposed by the applicant provide them
additional By Right development capacity, a portion of which is currently attainable through provision of
Public Benefits under the current zoning designation of T6 -24A. The rezoning as proposed deprives
the City of tangible public benefits.
PZAB Pile ID No. 1667
1502 NE Miami Place
Page 4 of 8
T6 -24-A
3
T6 -24-B
LOT OCCUPATION
a. Lot Area
34,283 sq.ft
sq.ft
a. Lot Area
c. Lot Coverage
80%
27,426
sq.ft
27426
c. Lot Coverage
FLR
7
239,981
sq.ft
548,528
16
FLR
Addt'I Publ. Benefit
30%
71,994.30
sq.ft
219,411.20
40%
Addt'I Publ, Benefit
Total FLR allowed
311,975
sq.ft
767,939.20
Total FLR allowed
Stories 1=> 8: 6
x Floorplate (*)
164,558
sq.ft
219,411
8
1=> 8: Stories
Remaining FLR
147,417
sq.ft
329,117
Remaining FLR
Res. floorplate
15,000
sq.ft
15,000
Res. floorplate
Tower
10
Stories
22
Tower
Podium (*)
6
Stories
8
Podium (*)
Max. Height
16
Stories
30
Res.
196
Units
393
200%
1,148,309
$
1,421,413
24%
As shown in the table above, the By Right FLR of T6 -24-B is 76% higher than the By Right and Bonus
FLR of T6 -24-A transect zone. Therefore, the rezoning proposed by the applicant provide them
additional By Right development capacity, a portion of which is currently attainable through provision of
Public Benefits under the current zoning designation of T6 -24A. The rezoning as proposed deprives
the City of tangible public benefits.
PZAB Pile ID No. 1667
1502 NE Miami Place
Page 4 of 8
It is important to highlight some of the projects within the vicinity referenced in the applicant's Letter of
Intent (LOI) to support: their request, were approved under former zoning ordinance for the City of
Miami, the 11000 Zoning Ordinance. Previous rezoning and developments used as referenced by the
applicant to support the request are located within a T6 -36B-0 Transect Zone, and for that reason
these were not considered in this staff report.
D. ANALYSIS
This application requests the rezoning of the properties generally located at 1502 NE Miami Place,
1523 NE Miami Court, 47 NE 15 Street, and 1512 NW Miami Place, Miami, Florida from T6 -24A-0
(Urban Core Transect Zone A -Open) to T6 -24B-0 (Urban Core Transect Zone - B - Open).
Image #3, shows the previously approved rezone (July 29, 2016) and another rezoning application
taking place in the same area.
Image #3: Rezoning requested to T6 -24B-0 in the surrounding area
The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a),
(a)(3), (c)(1) & (f)(2) of Miami 21. The background section of this report is hereby incorporated into the
analysis and its corresponding criteria by reference:
Criteria I Sec.7.1.2.8 (c) (1) "Except where the proposal for the rezoning of property
involves an extension of an existing Transect boundary, no rezoning of land
shall be considered which involves less than forty thousand (40,000) square
PZAB File ID No. 1667
9502 NE Miami Place
Page 5 of 8
feet of land area or two hundred (200) feet of street Frontage on one (1)
street".
Analysis of The request is for the rezoning of four parcels with the total aggregated area
Criteria 1 of (34,283) square feet (See Table 1 above). The subject site has two
hundred ten (210) feet of street frontage along NE 15 Street.
Finding 1
The request complies with requirement for rezoning as set forth in Miami 21
Code, Sec. 7.1.2.8 (c) (1). The subject properties have more than 200 linear
feet of frontage along NE 15 Street.
Criteria 2 The rezoning, as requested, is indicated as successional by Miami 21 Code,
Article 7, Section 7.1.2.8 (a).
Analysis of
Criteria 2 The requested zoning change is successional.
Finding 2 The rezoning, as requested, matches with the successional table for
rezoning. Set forth in Miami 21 Code, Sec. 7.1.2.8 (a) (3), and consequently
comply with Sec.7.1.2.8 (f) (2). However, said change does consider the
possibilities of participation in the public benefits incorporating for Workforce
Housing based on Section 3.16 of the Miami 21 Code.
Additional Are the proposed changes related to adjacent and nearby districts, and
Criteria 3 within the scale and needs of the neighborhood?
Analysis of This request to rezone to the properties to T6 -24B-0 is similar to a recent
Criteria 3 rezone to the south of NE 15 Street, where the impact of the rezoning was
not reduced, although it was proffered with a Declaration of Restrictive
Covenants (DORC) providing for 96 Work -Force residential units.
For this request there is no mitigation proposed.
Finding 3 If the requested zoning change to (T6 -24B-0) is approved, the applicant may
not be required to participate in any of the benefit program available in the
Code.
PZAB File IQ No. 1667
1502 NE Miami Place
Page 6 of 8
Additional The proposed change maintains the same or similar population density
Criteria 4 pattern and thereby does not increase or overtax the load on public facilities
such as schools, utilities, streets, etc.
Analysis of Although the request does not require a FLUM amendment, the existing FLR
Criteria 4 of T6 -24A-0 is too low to fit the site's full density of 500 dwelling units. As
the rezoning to T6 -24B-0 entails significant increase in intensity (FLR), it
would allow for the development of approximately 393 dwelling units, not all
of which could have been built in the building envelope of T6 -24A-0.
The proposed T6 -24B-0 would increase FLR by approximately (76%). This
requested rezone would allow for a greater intensity in the area without
having to participate in any of the different programs already in place in the
Miami 21 code to acquire additional intensity (FLR).
Finding 4 The existing T6 -24A-0 district boundary where the subject properties are
located does not show evidence of being illogically drawn in relation to the
property proposed for change.
The applicant needs to justify the request, The impact of the proposed
rezoning to the immediate neighborhood and surrounding areas needs to be
assessed in depth to mitigate any possible adverse effect.
Additional It is not difficult to find other adequate sites in the surrounding area for the
Criteria 5 proposed use in districts already permitting such use.
Analysis of The subject properties are buildable as they are currently zoned. Staff is
Criteria 5 unaware of any hardship or condition that would prevent them to be designed
and developed per the current designation and with Miami 21 Code. The
requested change would allow for a greater intensity in the area which has
clearly been delineated as T6 -24A-0.
Finding 5 Denial of the rezoning does not entail any limitation to the property owner.
E. CONCLUSION
The Applicant's submittal materials and analysis provided as part of the application does not justify the
rezoning as requested. The existing T6 -24A-0 district boundary (where the subject site is located) does
not show evidence of being illogically drawn. Furthermore, the fact that the site is located within a
Residential Density Increase Area (500 unit/acre) is not a justification for the requested rezoning to
increase intensity (FLR). Article 3, Section 3.4.2 of Miami 21 says that "the inability to reach maximum
Density or Intensity because of the necessary to conform to other regulations of this Code shall not
PZAB File ID No. 1667
1502 NE Miami Place
Page 7 of 8
constitute hardship for purposes of a variance." Additionally, Article 7, Section 7.1.2.5 (a) (28) says,
"The inability to achieve maximum Density, Height, or floor plate for the Transect shall not be
considered the grounds for the granting of a Waiver."
It stands to reason that an inability to reach maximum Density and Intensity is not grounds for a rezoning
either, particularly considering that a Waiver is staff level review and a Variance only requires a single
public hearing at PZAB. Neither of these permits requires the scrutiny of a recommendation from PZAB
and two public hearings at City Commission.
The desired intensity under the current designation allows for additional intensity (FL.R) by other
mechanism, such as Affordable or Workforce Housing, as explained in Article 3, Section 3.14 of the
Miami 21 Code. The rezoning as proposed deprives the City of tangible public benefits.
Finally, the requested rezoning within the Urban Core Transect Zone from T6 -24A-0 to T6 -24B-0 is an
intrusion of intensity that entails significant impact to the immediate neighborhood and surrounding
areas.
F. RECOMMENDATION
Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the
aforementioned findings, the Department of Planning and Zoning recommends Denial of the rezoning
requested of the properties generally located at: 1502 NE Miami Place, 1512 NE Miami Place, 1523
NE Miami Court, and 47 NE 15 Street from T6 -24A-0 to T6 -24B-0. Although a Declaration of
Restrictive Covenants was proffered to provide Workforce Housing, the requested rezoning is an
intrusion of intensity that entails significant impact to the immediate neighborhood.
Jacuelin Ellis
Chi , f of and Opvelopment
AEP
Re. 711 012 01 7
PZAB File ID No. 1667
1502 NE Miami Place
Page 8 of 8
iNW46THiS
119 Wil- 5,TH j
Legend
SUBJECT SITE
MIAMI 21 (PRPOSED)
File ID: 1667
REZONE
T6 -24A=
NE 16TH ST
0 75 150 300 Feet N
i i I JA
ADDRESS: 1502 NE MIAMI PL
1523 NE MIAMI CT
1529 NE MIAMI CT
1512 NE MIAMI PL
47 NE 15 ST
iNW46THiS
119 Wil- 5,TH j
Legend
SUBJECT SITE
MIAMI 21 (EXISTING)
File ID: 1667
REZONE
T6 -24A=
F� I
�+ NE 16TH ST �
-O T 4
H J
cv a
a
W W
Z Z
LNE�15TH ST
�I Community
velopment Area
NE 14TH ST
0 75 150 300 Feet N
i i I JA
w
a
r
Lu
z
ADDRESS: 1502 NE MIAMI PL
1523 NE MIAMI CT
1529 NE MIAMI CT
1512 NE MIAMI PL
47 NE 15 ST
AERIAL
File ID: 1667
REZONE
0 62.5 125 250 Feet N
i i I JA
ADDRESS: 1502 NE MIAMI PL
1523 NE MIAMI CT
1529 NE MIAMI CT
1512 NE MIAMI PL
47 NE 15 ST