City of Miami

Planning Department
Division of Land Development

ANALYSIS FOR REZONING

PZAB File ID No. 3603

Applicant(s): Art Luxury Rentals, LLC (the "Applicant")

Location: Approximately 45 NE 16 St, 64, 52, 48, 42, and 38 NE 17 St,
1635, and 1643 NE Miami Ct, and 1602, 1610, 1616, 1642,
1632, 1624 NE Miami Place, Miami, Florida
Commission District District 2 – Commissioner Ken Russell
Net District Office: Downtown/Brickell NET

Planner: Sergio Garrido

A. GENERAL INFORMATION

REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the “Applicant”
request to Rezone the properties located at approximately: 45 NE 16 St, 64, 52, 48, 42, and 38 NE
17 St, 1635, and 1643 NE Miami Ct, and 1602, 1610, 1616, 1642, 1632, 1624 NE Miami Place, Miami,
Florida within the Urban Core Transect Zone, from T6-24a-O to T6-24b-O.

Illustration 1: Subject property (Aerial)

SUBJECT PROPERTIES: The subject

properties form an entire city block
generally bounded to the North by NE 17 St,
to the East by NE Miami Pl., to the South by
NE 16 St., and to the West by NE Miami Ct.
The assemblage of the properties,
comprises fourteen parcels totaling
approximately 74,167 sq. ft. (1.703 ±
acres), per the survey submitted with the
rezoning request. The addresses and folio
numbers assigned to the properties
involved are depicted in “Table No.1:
Property description and rezoning request”
(complete legal description of the property
is on file with the Hearing Boards Office).
Public Alley: The above referenced city
block is bisected East to West by a 10 foot
wide alleyway running North to South,
identified by the City of Miami as 23H13.
This alley was closed by Ordinance 13492 on March 23, 2015.

To develop the property as a single block, the City of Miami Ordinance 13492 provides in the
amended Sec. 54-4.1 (b): “…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”1. The applicant provided proof of initiating the petition to release
the easement reservation created by the alley in their application materials.
Table No. 1: Property description and rezoning request

Zoning Classification
# Folio No. Address
Current Proposed

1 0131360050210 38 NE 17 Street
2 0131360050220 42 NE 17 Street
3 0131360050230 48 NE 17 Street

4 0131360050200 52 NE 17 Street

5 0131360050190 64 NE 17 Street
6 0131360050250 1642 NE Miami Place
T6-24a-O (Urban Core T6-24b-O (Urban Core
7 0131360050260 1632 NE Miami Place
Transect Zone - Open Transect Zone - Open
8 0131360080040 1624 NE Miami Place
9 0131360080050 1616 NE Miami Place
10 0131360080060 1610 NE Miami Place
11 0131360080070 1602 NE Miami Place
12 0131360050301 45 NE 16 Street
13 0131360050270 1635 NE Miami Court
14 0131360050240 1643 NE Miami Court

The subject properties comprise an aggregated gross area of 74,167 sq. ft. (1.703 ± acres), provided
by the Survey, included as part of the application.
The request depicted in Table 1 qualifies to be considered for a rezone pursuant to Miami 21 Code,
Sec. 7.1.2.8(c) by including at least forty thousand (40,000) square feet of land area for the
proposed rezoning, and has more than 200 feet of street Frontage along both NE Miami Place and
NE Miami Court.

                                                            
1
 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. 3603

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B. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN

The properties proposed for the rezone from T6-24a-O to T6-24b-O have a Future Land Use Map
(FLUM) designation of “General Commercial”. Pursuant to the “Correspondence Table-Zoning and
Comprehensive Plan”2 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 also falls 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.
C. BACKGROUND AND PROPOSAL

The subject properties are located in a “Transitional Area” originally designated T6-24a-O, located
just south to the City of Miami Cemetery and north of 395 Expressway, and flanked to the east with
an area designated T6-36b-O, and to the west with portions of D-1 and D-2 Transect Zones,
providing for transition in density, development capacity, and height east-west, decreasing to the
west, as depicted in the following Illustration 2: Zoning Context.

Illustration 2: Zoning Context

Despite the Transitional Area
described above is in its majority T6-
24a-O, some rezoning has been
approved to T6-24b-O since 2016.
From the Transitional Area,
comprising approximately 86.9
acres, 3.2 ± acres has been to
rezoned T6-24b-O; which represents
only 3.68% of the area and cannot
be considered as a trend.
Additionally, the approved
applications for rezoning in this area,
contained voluntarily proffered
covenants to provide workforce
housing in a percentage approved
by the city commission.

                                                            
2
 “Correspondence Table-Zoning and Comprehensive Plan” Miami Comprehensive Neighborhood Plan Goals,
Objectives and Policies, October 2015, page 26.

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D. ANALYSIS

This application requests the rezoning of the properties generally located at 1336, 1348, and 1366
NE 1 Av.; 50 and 58 NE 14 Street; and 1335 NE Miami Court, Miami, Florida from T6-24a-O (Urban
Core Transect Zone – A -Open) to T6-24b-O (Urban Core Transect Zone - B - Open).
The rezoning request is for 74,167.47 sq.ft (1.703 ± acres) of real property located in a transition
area, located within the OMNI Density Increase Area which allows for 500 DU/acre.
The impact on the development capacity for the subject properties, resulting by the rezoning
requested is shown in the comparison below, and based on the development capacity allowed by the
current and the requested zoning designation.

TRANSECT ZONE COMPARISON

T6-24-A T6-24-B

LOT OCCUPATION
Lot Area 74,167 sq.ft (1.703 ± acres)
Density: 500 DU/acre 852 DU
Lot Coverage 80% 59,333.60 sq.ft
Multiplier 7 519,169 sq.ft  16 1,186,672 sq.ft  228%
Addt’l Publ. Benefit 30% 155,751 sq.ft  40% 474,669 sq.ft  300%
Total FLR allowed 9.1 674,920 sq.ft 22.4 1,661,341 sq.ft  246%
Podium. Max stories: 0 - 8 474,669 sq.ft
Remaining FLR 674,920 sq.ft 1,186,672 sq.ft

Residential Component 639,000 sq.ft 639,000 sq.ft

Residential Floor plate (18,000 sq.ft) 36 stories 36 stories
Dwelling Units provided: Remaining FLR x
.8 (Vert. circ.) ÷ 600 = 852 sq.ft 852 Units

Office/commercial Component 35,920 sq.ft 547,672 sq.ft

Commercial Floor plate 30,000 sq.ft 1 story 18 stories

Public Benefit
Dev. Fee: 15.95 $/sq.ft $ 2,484,223.67 $ 7,570,967.36

The model for development comparison above, shows that the requested T6-24b-O allows an
increase of the development capacity by 228% of FLR by right and 300% more square footage in
“Public Benefits”, provided for the enhanced FLR base over which the Public Benefit percentage is
applicable.

The incorporation of the square footage provided by a higher multiplier and higher percentage of
public benefits may move the development away from of the City’s goal of providing affordable
housing.

PZAB File ID No. 3603

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In order to better understand the Public Benefit contribution that the applicants usually propose to
the City of Miami as covenants in lieu of paying in dollars for the right to develop more than double
of the FLR allowed, the following table depicts the maximum rent by number of bedrooms, per
Average Median Income (AMI) classification.

Table No.2: City of Miami rent limit by number of Income

bedrooms in unit, per AMI breakdowns Classification
Bedrooms 0 1 2 3 4
30% AMI $396 $424 $510 $589 $657 Extremely low
50% AMI $661 $708 $850 $981 $1,095 Very low
60% AMI $793 $849 $1,020 $1,178 $1,314
80% AMI $831 $964 $1,159 $1,331 $1,465
Workforce
120% AMI $1,587 $1,699 $2,040 $2,356 $2,628
140% AMI $1,851 $1,982 $2,380 $2,749 $3,066

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, as well as to the additional pertinent criteria derived from the
letter of intent. The background section of this report is 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 request is for the rezoning of six properties of which the aggregated area
Criteria 1 involves more than forty thousand (40,000) square feet of land area, and provide
two hundred (200) feet of street Frontage on one (1) street, as well.

Finding 1 The request complies with requirement for rezoning as set forth in Miami 21 Code,
Sec. 7.1.2.8 (c) (1).

Criteria 2 Sec.7.1.2.8 (f)(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 this Miami 21 Code to preserve Neighborhoods and to provide transitions in
intensity and Building Height.

Analysis of The rezoning, as requested, is indicated as successional by Miami 21 Code.

Criteria 2

PZAB File ID No. 3603

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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)(2), and consequently complies with
Sec.7.1.2.8 (f) (2).

Criteria 3 Rezone from T6-24a-O to T6-24b-O has been approved within the Transitional
Area since 2016.

Analysis of In the Transitional Area of approximately 86.9 acres, and originally zoned in its
Criteria 3 entirety T6-24a-O, has been approved the rezone to T6-24b-O of 3.2 ± acres since
2016; these rezones only represents 3.68% of the area and therefore cannot be
considered a trend.

Finding 3 The requested rezoning is deemed as an intrusion of higher intensity in the

Transitional Area that will provide options above and beyond the zoning
requirements for the proposed development. By increasing the FLR provided by the
multiplier and by the Public Benefit percentage, the development will provide for
large residential units sizes amenities, and garage that will put it away from the
possibility to provide a mixed income development providing for affordable
residential units, as the city goals require.

Criteria 4 The proposed change maintains the same or similar population density pattern
and thereby does not increase or overtax the load on public facilities such as
schools, utilities, streets, etc.

Analysis of The rezoning entails significant increase in the FLR, however the density remains
Criteria 4 and the subject properties can be developed maximizing the density allowed (500
DU/acre).
Finding 4 The existing T6-24a-O district boundaries (the “Transitional Area”), where the
subject properties are located, does not show evidence of being illogically drawn in
relation to existing conditions on the property proposed for change.

The Transitional Area between D-1 and T6-36 is approximately 86.9 acres in size,
of which 3.2 ± acres has been rezoned to T6-24b-O; this represents only a 3.68%
of the area and cannot be considered as a trend.

Criteria 5 Are there site hardship or limitations imposed by the current zoning designation that
prevent the development of a project fully in compliance with Miami 21 Code?

Analysis of The subject properties, as aggregated, constitute in fact a buildable site. Staff is
Criteria 5 unaware of any hardship or condition preventing them to design and build complying
and in accordance with the Miami 21 Code.
Finding 5 Not granting the rezoning does not entail any limitation to the property owner.

PZAB File ID No. 3603

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letter of The following arguments are provided by the applicant in the letter of intent (LOI).
intent (LOI)

Argument “The Media and Entertainment District is in great need of additional housing options
LOI-1: to serve the thousands of individuals who work in nearby areas.”

Analysis The subject property is buildable under the current T6-24a-O zoning designation.
Pursuant to “Argument LOI-2” below, the request is not based in the number of units
that can be provided, but in the size of the units, and therefore to create a more
expensive product, which is contrary to the housing affordability goal of the City of
Miami.
Finding “Argument LOI-1” is not in line with City of Miami policies for affordable housing.

Argument “The increased floor area will permit larger units as well as more functional balconies
LOI-2: for the residents of the proposed development.”

Analysis Considering a FLR combining “Multiplier” with “Public Benefits”, T6-24b-O provides
for 246% more FLR combined than T6-24a-O.
The “Transect Zone Comparison” provided in page 4 of this Staff analysis, shows,
for the subject property, the difference in FLR between T6-24a-O (674,920 sq.ft)
and T6-24b-O (1,661,341 sq.ft) is 986,421 sq.ft.
Developing bigger units at market rate defeat the City’s purpose and objective of
create affordable residential units for the area.
Finding “Argument LOI-2” is not in line with City of Miami policies for affordable housing.

Argument “Without the rezoning, the Subject Property would not be able to achieve a viable
LOI-3: development potential in permitted stories or density under Miami 21 and the
Comprehensive Plan.”
Analysis
A viable development can be provided under the context of the current zoning
designation (T6-24a-O). The requested rezone to T6-24b-O simply provides for a
much more profitable development, and profitability is not one of the criteria used to
recommend in analyses of a rezone request.

Finding “Argument LOI-3” does not qualify for “Analysis Criteria” for rezoning.

Argument The proposed ground floor retail on the Subject Property will create active
LOI-4: pedestrian areas by providing connectivity with the surrounding commercial
spaces and create a gathering place within the OMNI area for visitors and
residents alike.

PZAB File ID No. 3603

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 AERIAL
FILE ID: 3603

NE 17TH TER

NW 17TH ST NE 17TH ST
N MIAMI AVE

NE MIAMI PL
NE MIAMI CT

NW 16TH ST NE 16TH ST

NE 1ST AVE
T
IAMI C
NW M

NW 15TH ST NE 15TH ST

Miami-Dade County ITD

ADDRESSES: 38, 42, 48, 52, 64 NE 17 ST;

0 125
Ü250 500 Feet
1642, 1643, 1635 NE MIAMI CT;
1632, 1624, 1616, 1610, 1602 NE MIAMI PL &
45 NE 16 ST
 MIAMI 21 (EXISTING)
FILE ID: 3603
REZONE
D1
CI

D2 NE 17TH TER

CS

NW 17TH ST NE 17TH ST

D2
N MIAMI AVE

D1
NE MIAMI PL
NE MIAMI CT

NW 16TH ST NE 16TH ST

T6-24A-O NE 1ST AVE

T
IAMI C

D1 T6-24B-O
NW M

OMNI CRA: Performing SCHOOL BOARD

NW 15TH ST NE 15TH ST
Arts & Media Ent.
District "
X T6-36B-O

ADDRESSES: 38, 42, 48, 52, 64 NE 17 ST;

TOD Half Mile

Ü
1642, 1643, 1635 NE MIAMI CT;
1632, 1624, 1616, 1610, 1602 NE MIAMI PL &
45 NE 16 ST
Omni CRA
0 125 250 500 Feet

Metro Mover Stations

"
X
 MIAMI 21 (PROPOSED)
FILE ID: 3603
REZONE
D1
CI

D2 NE 17TH TER

CS

NW 17TH ST NE 17TH ST

D2
T6-24B-O
N MIAMI AVE

D1
NE MIAMI PL
NE MIAMI CT

NW 16TH ST NE 16TH ST

T6-24A-O NE 1ST AVE

T
IAMI C

D1 T6-24B-O
NW M

OMNI CRA: Performing SCHOOL BOARD

NW 15TH ST NE 15TH ST
Arts & Media Ent.
District "
X T6-36B-O

ADDRESSES: 38, 42, 48, 52, 64 NE 17 ST;

TOD Half Mile

Ü
1642, 1643, 1635 NE MIAMI CT;
1632, 1624, 1616, 1610, 1602 NE MIAMI PL &
45 NE 16 ST
Omni CRA
0 125 250 500 Feet

Metro Mover Stations

"
X