HomeMy WebLinkAboutSubmittal-Melissa Tapanes-Llahues-Planning and Zoning OpinionSubmitted into the public
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City of Miami Rezoning Application by Babylon International, Inc.
Planning and Toning Opinion
Introduction
Prepared by: Henry Iler, AICP
9-12-19
Mr. Iler is a professional urban planner with over 35 years of South Florida planning experience and is
certified by the American Institute of Certified Planners. He has been retained by Babylon International,
Inc., to evaluate their proposed application before the City of Miami to rezone the property located at
240 SE 14th Street from "16-8-13," Urban Core Transect — Restricted, to "16-2413-0," Urban Core Transect —
Open. The rezoning was approved by the Miami City Commission via Ordinance #13855 and subsequently
vetoed by the Mayor. To render his opinion, Mr. Iler visited the site and consulted a number of sources
including:
1. Miami Comprehensive Neighborhood Plan (MCNP)
2. Miami 21 Code
3. Staff Report PZ -18-313
4. Miami -Dade County Property Appraiser's website
5. City of Miami Ordinance #13855
6. Building plans and permit records for area buildings
7. Rezoning application.
Proposed Application
The subject property is 15,977 square feet in size and located on the south side of SE 14th Street. The site
is vacant but was developed many years ago with a 13 -unit residential and office building which has been
demolished. The change of zoning does not increase the residential density on the site but does increase
the permitted Floor Lot Ratio (FLR) and mix of uses permitted and gives the owner greater opportunity to
achieve the permitted density through reduced building setback standards above 8 stories.
Miami Comprehensive Neighborhood Plan
The Babylon parcel is designated "Restricted Commercial" on the Future Land Use Map of the MCNP. This
designation permits a wide mix of uses including high density multifamily residential, general office use,
commercial activities, general retailing, and personal and professional services. The nonresidential
portions of development in Restricted Commercial are allowed a FLR up to between 7 and 11 times the
net lot area depending on compliance with certain Code regulations. There is no height limit in the
Restricted Commercial land use category. The Babylon property is located in the City's Urban Central
Business District (UCSD) and Restricted Commercial allows these properties to increase FLR up to 37
times.
The MCNP contains a number of goals, objectives and policies which are applicable to this rezoning as
listed below.
Future Land Use Goal LU -1: Maintain a land use pattern that (1) protects and enhances the quality of life
in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas;
(3) promotes and facilitates economic development and the growth of job opportunities in the city; (4)
fosters the growth and development of downtown as a regional center of domestic and international
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commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use
conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and
conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of
the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes
in existing zoning and land use regulations.
Future Land Use Obiective LU -1.1: Ensure that land and development regulations are consistent with
fostering a high quality of life in all areas, including the timely provision of public facilities that meet or
exceed the minimum level of service (LOS) standards adopted in the Capital Improvements Element (CIE)
of the Miami Comprehensive Neighborhood Plan.
Future Land Use Policv 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.
Future Land Use Policv LU -1.1.7: Land development regulations and policies will allow for the
development and redevelopment of well-designed mixed-use neighborhoods that provide for the full
range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable
area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles,
automobiles, and mass transit.
Future Land Use Policv LU -1.1.10: The City's land development regulations will encourage high density
residential development and redevelopment in close proximity to Metrorail and Metromover stations.
Future Land Use Policv LU -1.1.11: The City hereby adopts designation of the City, excluding Virginia Key,
Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification
of Conservation, as an Urban Infill Area pursuant to Miami- Dade County's designation of an Urban Infill
Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this
area, the concentration and intensification of development around centers of activity shall be emphasized
with the goals of enhancing the livability of residential neighborhoods and the viability of commercial
areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land
and structures, the redevelopment of substandard sites, downtown revitalization and the development
of projects that promote public transportation.
Future Land Use Obiective LU -1.4: Continue the growth of Downtown Miami, expand its role as a center
of domestic and international commerce, further its development as a regional center for the performing
arts and other cultural and entertainment activities and develop an urban residential base.
Brickell Residential Densitv Increase Area (RDIAR
The Babylon site is part of the Brickell RDIA overlay which increases the maximum density permitted on
properties in the RDIA to 500 dwelling units per acre.
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Urban Central Business District (UCBDJ
The subject site is also part of the City's UCBD overlay which allows a Floor Lot Ratio (FLR) of up to 37
times the net lot area for the nonresidential portion of a development project.
Miami 21 Code
In 2010, the City adopted the current Miami 21 Code with the purpose outlined below:
"A primary purpose of this Code is to implement the Comprehensive Plan. It is further the purpose of the
Miami 21 Code to promote the public health, safety, morals, convenience, comfort, amenities, prosperity,
and general welfare of the City and to provide a wholesome, serviceable, and attractive community,
including without limitation protection of the environment; conservation of land, energy and natural
resources; improved mobility; more efficient use of public funds; greater health benefits of a pedestrian
environment; historic preservation; provision of recreational and open spaces; reduction of sprawl; and
improvement of the built environment and human habitat."
The Code included many goals including preserving neighborhoods, providing transitions between low
density neighborhoods and commercial corridors, energy conservation, transit -oriented and pedestrian -
friendly focus, rebuild commercial areas into mixed use, transit -oriented walkable centers, and rational
process for successional growth. The guiding principles of Miami 21 are outlined below.
*Growth strategies should encourage infill and redevelopment
* New development should reinforce neighborhood pattern
* Neighborhoods and urban centers should be compact, pedestrian -oriented and mixed use.
* Density and intensity of use should relate to degree of transit service
* Ordinary activities of daily living should occur within walking distance of most dwellings.
* Appropriate building densities and land uses should occur within walking distance of transit stops.
* Civic, institutional and commercial activity should be embedded in mixed use urban centers.
Babvlon Parcel Zoning
The Babylon parcel was given the district of "T6 -8-R," Urban Core Transect — Restricted, under Miami 21.
This district permits single family and multifamily residences in buildings up to 8 stories in height. It also
allows certain commercial, lodging, educational and other uses if approved via a warrant or exception
process.
The Miami City Commission approved the zoning district of "76-2413-0," Urban Core Transect — Open, for
the Babylon site and accepted a proffered covenant. This district, in combination with the covenant, would
permit building height up to 24 stories and a wide mix of high density residential, office and commercial
uses.
Area land Use and zoning Pattern
The subject parcel is located in the southern part of a large Restricted Commercial land use area on the
Future Land Use Map that covers the area of downtown Miami south of the Miami River, east of 1-95 and
north of SW 15`h Road. Restricted Commercial land use exists immediately north and west of the Babylon
property and these adjacent parcels are also part of the Brickell RDIA and UCBD overlays. The land to the
east and south of the site is designated for High Density Multifamily Residential (HDMF) land use which
permits up to 500 dwelling units per acre in the Brickell area. These HDMF parcels are also part of the
UCBD overlay. City staff stated in its report that "this property (Babylon) is located within an area of the
Future Land Use Map which is nearly the densest and most intense within the City."
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Zoning around the Babylon site consists of T6 -48A-0 immediately to the north and west, and T6 -8-R to
the south and east. The neighborhood around Babylon is essentially built -out. Existing land uses consist
of primarily high-rise multi -family buildings.
Building heights adjacent to the site are:
* North (Jade Residences) — 518 feet
* West (Emerald Condo) — 269 feet
* East/South (Commodore Bay Condominiums) —167 feet
The next closest buildings to the Babylon site are 508 feet, 278 feet and 124 feet in height. Although the
height in feet was not readily -available, the Fortune House Condominium located immediately southwest
of the Babylon parcel is 29 stories. The proposed rezoning to "76-24B-0," Urban Core Transect — Open, for
the Babylon parcel would permit a maximum building height of 347 feet.
Transit and Public Facilities
The Babylon parcel is within easy walking distance of the Financial District Metromover station, thus
redevelopment should foster greater transit usage. The City staff report did not mention any adverse
impacts of the rezoning on the City's adopted level -of -service standards for roads, parks, potable water,
sanitary sewer and drainage.
Applicable Rezoning Criteria
Miami 21 Article 7, Section 7.1.2.8.f. provides the criteria to be used in evaluating rezoning applications
and they are discussed below.
1. Rezoning Criterion: 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.
Opinion: The proposed rezoning to '16-24B-0," Urban Core Transect — Open, is in compliance with the
Miami Comprehensive Neighborhood Plan and furthers the goals, objectives and policies of the MCNP
and Miami 21 Code. This rezoning will permit an increase in building height, Floor Lot Ratio and a much
wider array of uses than currently permitted, consistent with a reasonable transition between 8 story
single use zoning to the south and maximum 48 story, mixed use development to the north and west. The
24 story height limit imposed by the proposed rezoning and agreed to by the applicant is a proper
midpoint between these different land use areas. The relevant MCNP goals, objectives and policies are
discussed below.
* Future Land Use Goal LU -1 commits the City to protect neighborhoods, foster redevelopment, promote
economic development and jobs, foster growth and development of downtown Miami, promote efficient
use of land and minimize land use conflicts. This rezoning will facilitate the implementation of many
elements of this primary land use goal in the MCNP.
* Consistent with Future Land Use Obiective LU -1.1. the rezoning will foster a high quality of life and it
meets or exceeds the City's adopted public facility level -of -services standards.
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* Future Land Use Policv LU -1.1.3 requires protection from encroachment of incompatible land uses that
disrupt or degrade public health and safety, and application of appropriate transition standards and
buffering requirements. The rezoning will permit uses compatible with the neighborhood and not disrupt
or degrade public health and safety. The 24 story height limit imposed with the rezoning will provide an
appropriate intensity and height transition between the High Density Multifamily Residential land use
area to the south and east, and the Restricted Commercial land use area to the north and west, of which
the Babylon site is a part.
* The proposed rezoning facilitates the implementation of Future Land Use Policv LU -1.1.7 because it will
allow for the redevelopment a key site in a mixed-use neighborhood and provide for a full range of
residential, office, neighborhood retail, and community facilities in a walkable area only steps away from
the Financial District Metromover station and a variety of other transportation modes, including walking,
bicycles and automobiles.
* The rezoning will permit a 24 -story mixed use building approximately 700 feet from the Financial District
Metromover station in compliance with Future Land Use Policv LU -1.1.10 to encourage high density
residential development and redevelopment in close proximity to Metrorail and Metromover stations.
* The Babylon site is in the County and City designated Urban Infill Area (UTA) and Future Land Use Policv
LU -1-1.1.11 requires the City to promote the concentration and intensification of development around
centers of activity, enhanced livability of residential neighborhoods and the viability of commercial areas
in the UTA with priority given to infill development on vacant parcels, downtown revitalization and projects
that support public transportation. The rezoning of this vacant parcel will intensify development in the
Brickell downtown area, enhance the livability of the neighborhood and the increase the viability of
commercial uses in the area, plus provide additional riders for the Metromover system.
* Future Land Use Obiective LU -1.4 states the City will continue the growth of Downtown Miami, expand
its role as a center of domestic and international commerce, further its development as a regional center
for the performing arts and other cultural and entertainment activities and develop an urban residential
base. The rezoning is in compliance with this objective because it will continue the growth of downtown
and expand the urban residential base.
* Miami 21 Code: As discussed previously, Miami 21 has a number of goals and principles. The proposed
rezoning is consistent with a number of these including:
+ Promote public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare
+ Provide a wholesome, serviceable, and attractive community.
+ Improved mobility
+ More efficient use of public funds
+ Greater health benefits of a pedestrian environment
+ Reduction of sprawl
+ Improvement of the built environment and human habitat
+ Preserving neighborhoods
+ Energy conservation
+ Transit -oriented pedestrian -friendly focus
+ Rational process for successional growth
+ Encourage infill and redevelopment
+ Reinforce neighborhood pattern
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+ Compact, pedestrian -oriented and mixed use neighborhoods and urban centers
+ Density and intensity of use should relate to degree of transit service
+ Ordinary activities of daily living should occur within walking distance of most dwellings
+ Appropriate building densities and land uses should occur within walking distance of transit stops
+ Civic, institutional and commercial activity should be embedded in mixed use urban centers.
2. Rezoning Criterion: The need and justification for the proposed change, including changed or changing
conditions that make the passage of the proposed change necessary.
Opinion: The City plans and regulations governing the development of this site have changed dramatically
over the years. The prior Babylon building was built over 35 years ago. The MCNP was adopted in the
1990s placing this parcel in the Restricted Commercial land use category similar to parcels north and west
of the Babylon site rather than the High Density Multifamily Residential land use category applied to
parcels located south and east of Babylon. Miami 21 was adopted in 2010 and the "16-8-11," Urban Core
Transect — Restricted zoning classification was placed on the property. Many new buildings have been
constructed in the immediate neighborhood. In the past 15 years, the Babylon parcel was placed in the
Brickell RDIA permitting density up to 500 dwelling units per acre and the Urban Central Business District
permitting FLR up to 37 times net lot area. All of these very significant changes provide the need and
justification for the rezoning to "16-246-0," Urban Core Transect — Open.
3. Rezoning Criterion: A change may be made only to the next intensity Transect Zone in a manner which
maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in
intensity and building height.
Opinion: This criterion involves 3 elements. Regarding the first element, addressing a change only to the
next intensity Transect Zone, is in question. The City Commission found in adopting Ordinance #13855
that "the proposed change is a corrective action that maintains the goals of the Miami 21 to preserve
neighborhoods and provide transitions in intensity and building height." In this case, the rezoning would
not have to meet the first element of this criterion. The second element addresses maintenance of the
goals of Miami 21. This issue has been previously discussed herein showing that the proposed rezoning is
consistent with the goals and principles of Miami 21. The third issue is the provision of transition in
intensity and building height. This has also been previously addressed. The rezoning will permit an
increase in building height, Floor Lot Ratio and a much wider array of uses than currently permitted,
consistent with a reasonable transition between 8 story single use zoning to the south and maximum 48
story, mixed use development to the north and west. The 24 story height limit imposed by the proposed
rezoning and agreed to by the applicant is a proper midpoint between these different land use areas. The
site is already permitted up to 37 FLR due to its designation within the UCBD and the density is already
approved for up to 500 dwelling units per acre which is the same for all surrounding parcels, so transition
of intensity is not an issue in this case.
Signed:
Henry ;ler, AICP