HomeMy WebLinkAboutAnalysis and MapsCity of Miami
I, � * G Planning Department
Land Development Section
ANALYSIS FOR
CHANGE OF ZONING
APPLICANT: 7 at Blue Lagoon (1) LLC; 7 at Blue Lagoon (2) LLC; and Caroline Weiss
PROJECT ADDRESS: Approximately 4865, 4875, and 4885 NW 7 St.
FOLIOS: 01-3131-010-0050, 01-3131-010-0051, and 01-3131-010-0052
COMMISSION DISTRICT: 1 (Wilfredo Gort) FILE ID: 2678
NET OFFICE: Flagami NET Office STR: 31-53-41
PLANNER: Antonio Perez, Planner II
A. GENERAL INFORMATION
REQUEST: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the
Applicants are requesting a change of zoning for three parcels (the "Property") zoned Urban
Core Transect Zone -Limited ("76-8-L") to Urban Core Transect Zone -Limited ("T612 -L). A
change to the Miami Comprehensive Neighborhood Plan ("MCNP") is not required as both
the current and proposed transects correspond to the appropriate underlying future land use
designation.
& BACKGROUND
The subject Properties are interior parcels with approximately 300,476 Sq. Ft. (approximately
6.88 acres) of vacant upland land. The subject Property is bounded by Blue Lagoon to the
north, 4705 NW 7 Street, to the east, 5091 NW 7 Street to the west, and by NW 7 Street to
the south. The Property is located within the Flagami Net Area.
From the Blue Lagoon American Community Survey in 2012 through 2016, it was found that
there were 813 households in the subject census Block Group, with 2,225 people, which gives
2.74 people per household on average. This is lower than the average household size for the
City of Miami over the same period.
The median age of the population was higher than the City's median: 47 versus 40. This
indicates a relatively older population.
The median household income over this period was $25,964, which is 80 -percent of the City's
median household income and 58 -percent of Miami -Dade County's median household income
of $44,224. However, it's 49 -percent of the Area Median Income, as defined by the US
File ID: 2696
Page 1 of 9
Department of Housing and Urban Development. 23.15 -percent of the total population of the
subject Block Group was under the poverty line. The median gross rent in the survey area
was $1,019.
Below aerial view of the subject proposed rezone site outlined in red
As previously indicated, the applicant proposes a change of zoning of the subject Property from
"76-8-L" Urban Core Transect Zone -Open to "76-12-L" (Urban Core Transect Zone -Limited). On
May 5, 2017, the applicant submitted a request for a change of zoning for the Project Site zoned.
After the initial submittal of the application, the Applicant proffered a Voluntary Declaration of
Restrictive Covenants in March 2018, which included a specific set of architectural design plans
(the "Project"), public benefits, and height restrictions. The architectural plans of the proposed
"Project" have not been approved by the City.
In August 2018, the applicant revised the Voluntary Declaration of Restrictive Covenants;
subsequently, submit a revised covenant and architectural design plans for staff's consideration
attached as Exhibit 2 entitled "The Project" and Exhibit 3 entitled "Declaration of Restrictive
Covenants" against the subject property with the following summarized restrictions:
Site Plan. The Property will be developed substantially in accordance with that certain
plan as prepared by Kobi Karp Architecture & Interior Design, Inc., entitled "Towers at
Blue Lagoon, dated, August 16, 2018 consisting of (54) sheets, dated stamped
received by the City of Miami Hearing Boards on August 20, 2018 (the "Project'). Upon
approval of the Application, Owner will submit an application for any other necessary
zoning approvals in accordance with all applicable laws and permitting procedures.
The site plan referenced above is subject to the Miami 21 Code, as well as all other
applicable regulations, and is submitted solely in connection with the Application and
not for any zoning entitlement.
File ID: 2696
Page 2 of 9
2. Height Limitation. The height of any structure or other improvement on the Property
shall be limited to no more than 160 feet, Mean Sea Level (MSL).
3. Public Benefits. The Owner hereby proffers the following public benefits, subject to the
conditions precedent in Section 4 of this Declaration, in connection with the Application:
(a) Job Creation and Employment Opportunities. Priority hiring shall be given
to those individuals residing in the Project area and surrounding neighborhoods
in the following priority:
1 st Priority: Those residing in the following ZIP codes in the City: 33125,
33126, 33127, 33142, and 33136.
ii. 2nd Priority: Those residing in all other areas of the City.
(b) Affordable, Workforce, and Market -Rate Housing. The Project shall
provide:
Affordable Housing (up to 60 -percent of Area Median Income) in an
amount of 6 -percent of the Project which equals 53 units.
ii. Workforce Housing (between 80 -percent and 140 -percent of Area
Median Income) in an amount of 10 -percent of the Project which
equals 84 units.
iii. Market -Rate Housing in an amount of 84 -percent of the Project which
equals 751 units.
All housing types will be interspersed throughout the Property and will enjoy
generally the same amenities and features as the Market -Rate units located
on the Property.
(c) Financial Support for Antonio Maceo Park. Owner shall make the
following one-time donations to the City for use at Antonio Maceo Park,
located at 5135 and 5151 NW 7 Street, Miami, Florida 33126 (the "Park'):
One -hundred fifty thousand dollars ($150,000) for the renovation of,
and improvements to, the Park consistent with the principles of Crime
Prevention through Environmental Design (CPTED).
ii. Sixty thousand dollars ($60, 000) for playground equipment at the
Park.
iii. Twenty thousand dollars ($20, 000) for an Arts for Senior's program at
the Park.
(d) Traffic Improvements. The Owner will construct right-of-way improvements
along the project entrance from NW 7 Street in substantial compliance with
Sheets A3.00 of the Project plans. Such improvements shall include but not
be limited to:
File ID: 2696
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Creation of a new access roadway with a painted median with one
lane of ingress and two (2) lanes of egress along the north -south
portion of the NW 7 Street entrance beginning at its terminus at NW 7
Street; and
Creation of two (2) lanes of ingress and one (1) lane of egress along
the east -west portion of the NW 7 Street entrance between the Blue
Lagoon Condos gate access and the north -south portion of the NW 7
Street entrance; and
iii. Installation of new crosswalks with differentiated surfaces designed to
calm traffic speeds and assist in pedestrian circulation in substantial
compliance with Sheets L 1. 00, L 1. 01, L 1.01 a, L2.00, and L 1.03.
(e) Provision for Trolley Stop. The Owner will seek the necessary approvals to
extend City of Miami trolley routes into the Property. If the extension of such
routes is approved by the City, the Owner will, at their sole cost, construct the
improvements necessary to provide a trolley stop within the Property in
substantial compliance with Sheets A2.00 and A3.00 of the Project plans or
as may be placed within the Project in a location of benefit to the Project and
surrounding neighborhood.
(f) Installation of Aerator in Adjacent Submerged Lands. At Owner's
expense, there will be installed in the privately -owned submerged lands
adjacent to the Property, an aerator or other similar device within that portion
of Blue Lagoon.
(g) Arts and Culture. Owner agrees that properties fronting NW 7th Street and
specific terminating vistas of the Project site as identified in Sheet L 1.00 of the
Project plans will incorporate art which shall be reviewed and approved by the
Planning Director or designee.
The Owner further agrees to contribute five thousand dollars ($5, 000) each to
Henry M. Flagler Elementary and Kinloch Park Middle to support each
school's visual and performing arts.
(h) Art in Public Places Master Plan. Owner will contribute fifty thousand dollars
($50, 000) to the City's Public Art Fund for the express purpose to cover the
cost associated with creating a cohesive public art plan, guidelines and criteria
for the acquisition and placement of Public Art for the surrounding
neighborhoods.
(i) Welcome Signage. Owner will donate up to ten thousand dollars ($10, 000)
for the installation and construction of a sign welcoming visitors to the
Flagami /Blue Lagoon Neighborhood Area.
C. COMPREHENSIVE PLAN
The requested zoning designations for the site is from T6 -8-L "Urban Core Transect Zone -
Open", and to T6 -12-L "Urban Core Transect Zone -Limited" is consistent with the Miami
File ID: 2696
Page 4 of 9
Comprehensive Neighborhood Plan (MCNP) Land Use designation of "Restricted
Commercial" for the Property.
D. NEIGHBORHOOD CHARACTERISTICS & FUTURE LAND USE DESIGNATION
ZONING
Subject Property
T6 -8-L (Urban Core Transect -Limited)
Surrounding Properties
NORTH: Unincorporated Miami -Dade County
Blue Lagoon
SOUTH: T6-8-0 (Urban Core Transect -Open)
EAST: T6 -8-L (Urban Core Transect -Limited)
WEST: T6 -8-L (Urban Core Transect -Limited)
E. ANALYSIS
Restricted Commercial
Maximum of 150 D.U. per acre
Unincorporated
Restricted Commercial
Maximum of 150 D.U. per acre
Restricted Commercial
Maximum of 150 D.U. per acre
Restricted Commercial
Maximum of 150 D.U. per acre
The following is a review of the request of change of zoning from T6 -8-L to T6 -12-L pursuant
to the criteria in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. Sections A through D of
this report are hereby incorporated into the analysis and its corresponding criteria by
reference.
Criteria 1 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 feet of land area or two hundred (200) feet of street Frontage on
one (1) street".
Analysis of The proposal is for the rezoning of three properties which assembled
Criteria 1 involves more than forty thousand (300,476 Sq. Ft.) square feet of land
area
Finding 1 The request complies and is consistent with requirements for rezoning set
forth in Miami 21 Code, Sec. 7.1.2.8 (c) (1)
File ID: 2696
Page 5 of 9
Criteria 2 For rezoning: 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 the Miami 21 Code to preserve Neighborhoods and to provide transitions
in intensity and building heights.
Analysis of The proposal of the rezoning involves a change to the existing
Criteria 2 T6 -8-L Transect Zone abutting the subject Property. The subject site is
comprised of three vacant parcels totaling 6.88 acres or 300,476 square feet.
This square footage does not include the submerged lands abutting the
Property. The rezoning request from T6 -8-L to T6 -12-L is successional to the
next higher Transect Zone and is also considered within the same Transect
Zone to a greater intensity.
Existing Neighborhood
This is an older, well-established neighborhood. Most of the neighborhood
was constructed between 1957 and the early 1970s. The majority of the
development was constructed between 1970 and 1973 under Zoning
Ordinance 6871.
To the west of the subject Property is the Blue Lagoon Condominium which
was constructed in 2003 and is 15 stories in height. The Blue Lagoon
Condominium was constructed under Zoning Ordinance 11000 and was
zoned R-4 at the time.
The R-4 Zoning District allowed for height to be calculated using a formula
involving distance from the base building line and the setbacks on both sides
of the right-of-way. Due to its distance from NW 7 Street, the Blue Lagoon
Condominium were allowed to build at 15 stories in height. Furthermore; its
height was limited only by FAA regulations, such limitations continue
throughout the neighborhood. Abutting to the east of the Property are the
westernmost buildings of the Sunset Villas Condominium, which are only
eight stories in height.
Further analysis of buildings in the immediate neighborhood shows several
buildings built under prior codes with a varying number of stories as listed
described in the table below:
Name or Address of
Number
Year
The Ordinance
Development
of stories
Built
in Effect at
Time of
Approval
5311 NW 7 Street
15
2009
Ordinance
11000
Half Moon Towers
11
1973
Ordinance 6871
Condominium 5055 NW 7
Street
File ID: 2696
Page 6 of 9
5617 Residential Plaza
14
1990
Ordinance 9500
Assisted Living Facility, 5617
NW 7 Street
Unnamed multi -family at 725
15
1997
Ordinance
NW 57 Avenue
11000
Proposed rezone
The rezoning from T6 -8-L to T6 -12-L would allow 12 stories in height by right
and 20 stories in height if the City's public benefits program was utilized.
However, the maximum number of stories in this area is limited by the
proximity of the Miami International Airport and FAA height requirements.
The proposed height as limited by the Applicant's Covenant would be
compatible with the existing built environment and offer the appropriate
transition of height for this well-established neighborhood. Even density
would be properly transitioned as the re -zoning would not change the
underlying 150 dwelling units per acre maximum.
Although the rezoning may be compatible with the built environment, the
change from T6 -8-L to T6 -12-L is inconsistent with Article 2, Section
2.1.3.3.1, of the Code which requires, "Harmonious and orderly change and
Development of urban areas through the principles of form -based zoning
code which guides and regulates change." As proposed, the rezoning would
change to the next higher intensity; which may require for Miami Dade
County Traffic to approve any further mitigation for NW 7 Street as a result
of the request for more intensity.
Staff is also concerned that the Property can only be accessed from NW 7
Street, a major East-West corridor. The Applicant has not provided any
studies on the potential impact of new residences and additional
automobiles on the current levels of road service for NW 7 Street east -west
traffic at peak times of mornings and afternoons. While the density of the
proposed rezone does not increase; the proposal can increase the number
of floors that can be built; which could potentially, could increase in the
number of additional floors through any of the bonuses programs available
in Miami 21 Code. However; in this case the applicant has proffered to cap
the maximum height to 160 feet.
Finding 2 The request is consistent with the Miami 21 Code requirements for rezoning
in that the request to rezone from T6 -8-L to T6 -12-L is the next Transect with
the same intensity of allow uses. However, the existing transect zone
boundaries are not consistent with the current relation to existing conditions;
to the east of the Property. The request allow for a transition; from east to
west, of in height (without bonuses) in scale. However; the context to the
File ID: 2696
Page 7 of 9
east, is approximately (8) stories; which would not be consistent in overall
height with the existing buildings to, the east.
F. CONCLUSION
The Planning Department recommends Denial of the applicant's request for a change of
zoning from T6 -8-L to T6 -12-L. While the proposed change of zoning is consistent with
the existing density and intensity of the established neighborhood. The proposed rezoning
would create an island of T6 -12-L Zoning in a neighborhood that all T6 -8-L.
Current Zoning
Proposed Zoning
This is a well-established neighborhood, and the site can be developed without the
rezoning as requested by the Applicant. The rezoning of the Property to T6 -12-L would
create a condition where the higher on one side of the thoroughfare which is not
harmonious or in keeping with the tenets of the form -based code. The intent of the Miami
21 form -based code is to have the same zoning, scale, and intensity of both sides of the
thoroughfares.
The proffered the Declaration of Restrictive Covenants cannot be taken into consideration
under the rezone criteria found in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of the Miami 21
Code.
G. RECOMMENDATION
File ID: 2696
Page 8 of 9
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 (the Miami 21 Code), as
amended on the aforementioned findings, the Planning Department recommends denial
of the proposed rezoning as presented from T6 -8-L (Urban Core -Limited) to T6 -12-L
(Urban Core -Limited).
Jacqu line Ilis
Chief, f and Development
Exhibits:
Exhibit 1 — Legal Description
Exhibit 2 — The Project "Architectural Plans"
Exhibit 3 — Declaration of Restrictive Covenants
File ID: 2696
Page 9 of 9
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