HomeMy WebLinkAboutApplicationDocuSign Envelope ID: CD82F2AE-AA07-4B96-8387-D04E52C3321D
City of Miami
Planning Department & Office of Zoning Special Appearance
httpl/www.mianvgov.com/planninv Application
http 1/www.tnianiigov. com'zoning
E-mail: eplanpz(Oriatnigov.com
Planning (305) 416-1400
Zoning: (305) 416-1495
This submittal needs to be scheduled fora puboc hearing
In acoordanre whh Idmatinee set forth in the City of
Miami Code. The applica decision-mahing bodywlll
review the information at the pubdc hearing to render a
recommendation or a final decision.
PZ-23-17429
12/28/23
SUBMITTER INFORMATION
Fast Name:
Email:
Elinette
erportillagg nster.com
Las t Name:
Ruiz -Diaz de la Portilla
PRIMARY APPLICANT INFORMATION
First Name: Last Name:
Corporation: 53rd STreet Apartments, L.P.,
Address: c/o 600 Brickell Avenue
City: Miami State: Florida Zip: 33146
Email: agonzalez(c-ttgunster.com Phone: (305) 376-6098
PRIMARY OWNER INFORMATION
First Name: Last Name:
Corporation: 53rd STreet Apartments, L.P.,
Address: c/o 600 BrickellAvenue
City: Miami State: Florida hip: 33146
Enrall: agonzalezAg nster.com Phone: (305) 376-6098
PROJECT INFORMATION
Project Name:
Project Address:
City:
Mas ter Folio Number:
53rd Street Residential and Retail
50 NE 54 ST
Miami
0131240100050
State:
Florida
Unit Number:
Tip:
33137
DocuSign Envelope ID: CD82F2AE-AA07-4B96-8387-D04E52C3321D
4
SIGNATURE
That under the penalty of perjury, I declare that all the information contained in this permit application is accurate to the best of my knowle
• That NO work or installation will con rune prior to the issuance of a building permit and that all work will be pet%tined to meet
replatng construction and zoning in this jurisdiction
• I will, in all respects, perform work in accordance with the scope of the perniit, the City of Miami's codes and all other applicable la
ordinances.
• That all information given will be accurate and that all work will be done in compliance with all applicable laws regulating constriction a
• That separate permits maybe required unless specifically covered with the subrruttal of this application.
• That there may be additional permits required from other entities.
• Fees shall be paid prior to the review and issuance of tlx: permit, as necessary.
• Permit fees are non-refundable
ots
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The appLKl o decision -mating bodywill
review the Information at the public hearing to render
recommendation or a final decision.
iv
V
''VIEW CO Q
PZ-23-17429
12/28/23
APPLICANT
OWNER / OWNER REPRESENTATIVE
First
Name:
Signature:
Date:
Last
Name:
53rd Street Apartments LP
12/14/2023
na995AA191784n7
Robert vecsler Authorized signatory
First
Name:
Signature:
Date:
Last
Name:
53rd Street Apartments LP
- DocuSigned by:
12/14/2023
ITer ecslAurthorized signatory
G'+
G
GUNSTER
FLORIDA'S LAW FIRM FOR BUSINESS
Our Client Matter/Numbe
Writer's Direct Dial Numbe
Writer's E-Mail Address: a• onzalez
December 1, 2023
VIA ELECTRONIC SUBMITTAL
DaGoldberg@miamigov.com
Mr. Daniel S. Goldberg, Esq.
Zoning Administrator
Office of Zoning
City of Miami
444 SW 2nd Ave., 2nd Floor
Miami, FL 33130
lhull@miamigov.com
Ms. Lakisha Hull, AICP, LEED AP D+C
Planning Director
Planning Department
City of Miami
444 SW 2nd Ave., 3rd Floor
Miami, FL 33130
NOTICE
This submittal needs to be scheduled bra public hearing
In accordance wiHi timelines set forth in the City of
Miami Code. The appllcade decision -making body NOR
review the Information at the public hearing to render a
recommendation or a final decision.
Re: Request for Special Appearance to waive the time period required to pass (18)
eighteen months in order to hear a new Petition for Rezoning in regard to a
particular property
Dear Mr. Goldberg,
Dear Ms. Hull,
Our firm represents 53rd Street Apartments, L.P., a Florida Limited Liability Partnership,
the owner of the property ("Property") more particularly described in Exhibit "A" and located at
40 and 50 NE 54 Street and 43 NE 53 Street, identified by folio numbers 01-3124-010-0050, 01-
3124-010-0060, and 01-3124-010-0150 (the "Property") in connection with an application for
Special Appearance as described above ("Application").
Background
The Property was before the City of Miami ("City") Commission on the 16th day of
November 2023, when on second reading the City Commission agreed to change the zoning
applicable to the Property to T5-O and amended the Future Land Use Plan ("FLUM") to designate
the land use applicable to the Property to Restricted Commercial.
ACTIVE:20707341.2
December 1, 2023
Page 2 of 4
As part of our original application, we requested a change in zoning to
advised that in order to meet the successional zoning required under Miami 21, the
include a change to T5-O to be followed by a request by special appearance
Commission to waive the (18) eighteen months' time period to consider new zoning
the same Property.
NOTICE
This submittal needs to be schebu Led bra public hearing
In accordance wiHr timelines set forth in the City of
Miami Cede. The appllcade decision -making burly WILL
review the Information at the public hearing to render a
recommendation or a final decision.
If the waiver is approved our original application would continue in order to procure
zoning change to T6-8-O under Miami 21.
a
Such a change is consistent with land use designation on the Property as Restricted
Commercial.
Request
The Applicant respectfully requests that the City waive the waiting period of (18) eighteen
months (see Section 7.1.2.8(G)(5) of Code) under the Miami 21 Zoning Code ("Code") and allow
a Petition to proceed to hearing in order to change the zoning applicable to the Property from T5-
0 to T6-8-0 under the Code.
The City Commission by a vote of (3) three Commissioners under Section 7.1.2.8(G)(2)
may approve any zoning change before the City Commission. Further, the City Commission under
Section 7.1.2.8(G)(7) may waive, by a vote of (3) three Commissioners, time limits under Section
7.1.2.8 (G) of the Code, "When such action is deemed necessary to prevent injustice or facilitate
development."
Consistent with the above and prior precedent established by the City Commission we
request that in this matter the City Commission waive the time period to consider a new zoning
action and allow the Application to move forward to Rezone this Property T6-8-0.
The proposed Application is consistent and will enhance the goals and objectives of the
Miami Comprehensive Neighborhood Plan (MCNP) and the City Zoning Code by fostering
redevelopment of the Property that has been underutilized for years. The proposed mixed -use
project is in close proximity to a major Commercial Center (The Hospital) and is a transit corridor.
It will further promote economic development see Goal LU-2 of MCNP. See Code section
7.1.2.8(F)(I)(A) and (B).
The Property is located in an area that has been largely neglected for some time and is an
important transition between two major transportation corridors (I-95 and US-1).
The proposed T6-8-0 zoning designation will permit a mixed -use residential multi -family
development on a large size property that can provide sufficient buffers to the established
neighborhood while providing a much -needed mix of uses and new housing in a commercial
intensive area. This furthers Miami 21's goals of "protection of the environment; conservation of
land, energy and natural resources; improved mobility;" and "greater health benefits of a
pedestrian environment" (see, Article 2, Section 1 of Miami 21). Rezoning the Property to T6-8-
Brickell World Plaza, 600 Brickell Avenue, Suite 3500 • Miami, FL 33131-3090 1 305-376-6000 1 Fax: 305-376-6010 1
www.gunster.com
BOCA 12ATON I FOR, T LAUDERDALE I JACKSONVILLE I KEY LARGO I MIAILII I ORLANDO I PALM BEACH I STUART
I TALLAHASSEE I TAMPA I VEBO BEACH I WEST PALM BEACH
ACTIVE:20707341.2
December 1, 2023
Page 3 of 4
0, will also help further the City's vision for "pedestrian friendly neighborhoods
HO-2.1 and TR-2.7. of MCNP.
The Property's rezoning to T6-8-0 will encourage the evolution of a develop
based on the organizational principles of the transect and existing development adjacent
Property. The T6-8-0 zoning of this Property will allow for a functional and pedestrian friendly
plan that integrates public realm features along the NE 54 Street corridor that fronts the property
while remaining considerate of the existing neighborhood. See Objective HO-1.1.7 and 2.1 of
MCNP.
NOTICE
This submittal needs to be schebu Led bra public hearing
In accordance wiHr timelines set forth in the City of
Miami Cede. The appllcade decision -making burly NOR
review the Information at the public hearing to render a
recommendation or a final decision.
This area is in need of a revitalization of commercial and residential uses, and due to the
proximity to the I95- and US-1 as well as the Miami Jewish Hospital ("Hospital"), which borders
the Property on NE 53rd Street, T6-8-0 would be a more compatible zoning designation for the
Property as it would allow for a more pedestrian friendly development while providing a greater
buffer to the residential neighborhood a few blocks away and help this area of the City continue to
redevelop in accordance with the principles of Miami 21 and existing uses adjacent to the Property.
See Miami 21 Zoning Code section 7.1.2.8(D) and (F). The proposed zoning change will serve to
protect existing low density residential areas by higher density multi -use along NE 54t1i Street, a
major arterial road and along NE 53rd Stret, which faces the Hospital.
The zoning proposed for the Property is T6-8-0, which is consistent with the area and the
uses allowed in the City's Zoning Code, including but not limited to multi -family high density
housing, and commercial uses. The City of Miami's FLUM designation for the Property is already
Restricted Commercial, which is consistent with the proposed zoning and use.
The proposed project promotes and facilitates economic development and the growth of
job opportunities in the City by creating much needed pedestrian friendly retail commercial
development as well as residential units in accordance with the City MCNP Policy LU-1.1-7 and
LU-1.2. The applicant will replace long standing vacant land with residential and commercial
development to add vibrancy to the area. Further a portion of the residential units shall be set aside
for attainable priced rentals (See MCNP Land Use Element LU-4.1, LU-4-.1.1, LU-4.2). Our
project proposes 147 residential units ("Units") and we shall provide a Covenant to assure that ten
percent (10%) of the Units will be rent restricted for attainable housing at one hundred percent
(100%) of Area Median Income to provide available housing not only to the neighborhood but
particularly the Hospital employees.
I have attached as Exhibit "B" additional support from the City MCNP for the requested
zoning change.
The Property is presently zoned T5-0, and the requested change to T6-8-0 would be to the
next successional transect zone as required by zoning Code.
Brickell World Plaza, 600 Brickell Avenue, Suite 3500 • Miami, FL 33131-3090 1305-376-6000 I Fax: 305-376-6010
www.gunster.com
BOCA RATON FONT LAUDERDALE I )ACKSONVILLE I KEY LARGO I All I ORLAND:)O I PALM BEACH 1 STUART
I TALLAHASSEE I TAMPA I VERO BEACH WEST PALM BEACH
ACTIVE:20707341.2
December 1, 2023
Page 4 of 4
Conclusion
NOTICE
This submittal needs to be schebu Led bra public hearing
In accordance wiHi timelines set forth in the City of
Miami Cede. The appllcade deolslon-making body WILL
review the Information at the public hearing to render a
recommendation or a final decision.
We hereby request support for this request and would ask for a special app
scheduled on the next available Commission Agenda on December 14th, 2023, as
discussed with the City Staff.
Gunster, Yoakley & Stewart
By: Cl fieda £. con zatez
Alfredo L. Gonzalez, Esq.
Brickell World Plaza, 600 Brickell Avenue, Suite 3500 • Miami, FL 33131-3090 1305-376-6000 I Fax: 305-376-6010
www.gunster.com
BOCA RATON I FORT LAUDERDALE I JACKSONVILLE I KEY LARGO I MIAMI I ORLANDO I PALM BEACH I STUART
I TALLAHASSEE I TAMPA I VERO BEACH I WEST PALM BEACH
ACTIVE:20707341.2
NOTICE
This submittal needs to be schebu Led bra public hearing
In accordance wiHi timelines set forth in the City of
Miami Cede. The appllcade deolslon-making body NOR
review the Information at the public hearing to render a
recommendation or a final decision.
Exhibit A
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CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA
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SURVEYOR'S NOTES:
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STATE OF DEPARMENr OF AGRICULTURE
STINKY DATE 0I-17-2023
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Exhibit B
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0 ix
NOTICE
This submittal needs to be scheduled for a public hearing
In accordance wiHr hmellnee set forth in the City of
Miami Code. The applicxde decision -making bodywill
review the Information at the public hearing to render a
recommendation or a final decia on.
PZ-23-1 7429
12/28/23
RE
V"/
r Ew a°'
CO PUBS,
FUTURE LAND USE
Goal LU-1:
oF
0 ix
NOTICE
This submittal needs to be scheduled for a public hearing
In accordance wiHr hmellnee set forth in the City of
Miami Code. The applicxde decision -making bodywill
review the Information at the public hearing to render a
recommendation or a final decia on.
PZ-23-17429
.**1'q 12/28/23ilEW wA
Q.c4RE1G01'
EIfIEW G°M ° F.
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 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,
Policy 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, commercial 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.
Policy 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,(See Transportation Policy TR-1.5.2
and Housing Policy HO-1.1,9.)
Policy 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. Maintenance of
transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area
shall be in accordance with the adopted Transportation Corridors level of service standards and the City of
Miami Person Trip Methodology as set forth in Policies TR-1,1.2 and 1,1.3 of the Transportation Element of the
MCNP,
PUBL,
Objective LU-1,2:
Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declinin
residential, commercial and industrial areas through a variety of public, private, and
redevelopment initiatives and revitalization programs including, where appropriate, historic design
Policy LU-1.2,1:
oF
0 ix
NOTICE
ThIs submittal needs to be schedu led for a public hearing
In accordance wiHr timeline set forth in the City of
Miami Code. The applicxde decision -making bodywill
review the Information at the public hearing to render a
recommendation or a final decia on.
PZ-23-1 7429
12/28/23 <te
I'd c REV,EW
44VIEW Zor
The City defines blighted neighborhoods as areas characterized by the prevalence of older structures with
major deficiencies and deterioration, high residential vacancies, widespread abandonment of property, litter
and poor maintenance of real property. Declining neighborhoods are defined as areas characterized by the
prevalence of structures having minor deficiencies, a general need for improvements in real property, significant
declines in real property values, high vacancy rates in commercial structures and increasing difficulty in
obtaining insurance, Neighborhoods threatened with decline are defined as areas characterized by significant
but infrequent property maintenance neglect, an aging housing stock, declining property values, general exodus
of traditional residents and influx of lower income households,
Policy LU-1,2,2:
The City's land development policies will be consistent with affordable housing objectives and policies adopted
in the Housing Element of the MCNP,
Objective LU-1.3:
The City will continue to encourage commercial, office and industrial development within existing commercial,
office and industrial areas; increase the utilization and enhance the physical character and appearance of
existing buildings; encourage the development of well -designed, mixed -use neighborhoods that provide for a
variety of uses within a walkable area in accordance with neighborhood design and development standards
adopted as a result of the amendments to the City's land development regulations and other initiatives; and
concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can
meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element
(CIE).
Policy LU-1.3.13: [Reserved]
Policy LU-1.3,15:
The City will continue to encourage a development pattern that enhances existing neighborhoods by developing
a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity
to each other,
Policy LU-1.4,1: [Reserved],
Policy LU-1.4.3:
The City will continue to promote an active pedestrian sidewalk environment along the ground fl
buildings on "pedestrian streets" through land development regulations,
Policy LU-1,4.4: [Reserved]
Policy LU-1.4,5: [Reserved]
Policy LU-1,4,6: [Reserved]
Objective LU-1,6:
This submittal needs to be scheduled for a public hearing
In accordance wiHr hmellnee set forth in the City of
Miami Code. The applicxde decision -making bodywill
review the information at the public hearing to render a
recommendation or a final decia on.
PZ-23-1 7429
12/28/23
Regulate the development or redevelopment of real property within the city to insure consistency with
the goals, objectives and policies of the Comprehensive Plan.
Policy LU-1.6.2: [Reserved]
Policy 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,
Objective LU-1.7:
Ensure that the Miami Comprehensive Neighborhood Plan is updated as needed to meet changing
conditions and, improve its effectiveness and success,
Goal LU-3:
Encourage urban redevelopment in identified Urban Infill Areas and Urban Redevelopment Areas.
Objective LU-3-1:
Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban
Infill Areas or Urban Redevelopment Areas to facilitate redevelopment.
PURL/
0
4
0 it
NOTICE
This submittal needs to be schedu led for a public hearing
In accordance wibi timeline set forth in the City of
Miami Code. The appliwde decision -making bodywill
review the Information at the public hearing to render a
recommendation or a final decia on.
PZ-23-1 7429
Policy LU-3.1,1: ).•y 12i2si23 44
Continue review of existing zoning regulations to determine if they provide adequate flexibility '7.0� E)/,EW C0 v''``
redevelopment with a mix of uses in Urban Infill Areas or Urban Redevelopment Areas and, if not, re' VIEW C
existing zoning regulations or adopt new zoning regulations to promote redevelopment,
Objective 3-2: [Reserved]
Policy LU-3,2.1: [Reserved)
Policy LU-3,2,2: [Reserved]
coal LU-4
Incentivize sustainable, affordable housing solutions while continually improving the quality of life for
all who live in the City of Miami.
Objective LU-4.1
By 2023, five percent (5%) of the new housing stock to be built will be reserved for mixed income
developments, as described in the applicable land development regulations,
Policy LU-4.1.1
Developers building residential projects for low-income households, as identified in the applicable land
development regulations, are encouraged to build additional units per acre to increase the amount of
sustainable housing solutions available for households that are cost -burdened relative to housing expenses,
The additional density is permitted subject to the detailed provisions of the applicable land development
regulations.
Policy HO-1,1.7
The City will continue to control, through restrictions in the City's land development regulations, large scale
and/or intensive commercial and industrial land development which may negatively impact any residential
neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments,
PUB1IC,
Objective HO-2.1
Design and create pedestrian friendly environments and neighborhoods with varied housing
amenities catering to persons of diverse social, economic and cultural backgrounds, with a v
housing types for persons of all income levels including those of extremely low-, very low-, low-,
income households (in accordance with the current standards and regulations of HUD and the State o
provided in a walkable, mixed -use, urban environment.
0 ix
NOTICE
This submittal needs to be schedu led for a public hearing
In accordance wiH1 timeline set forth in the City of
Miami Code. The applicxde decision -making bodywill
review the Information at the public hearing to render a
recommendation or a final decia on.
Policy HO-2,1,2
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PZ-23-1 7429
12/28/2
3 V�
EW O T
4FViEW CO
The City will continue to revise residential zoning district regulations to provide greater flexibility for the design
and development of a variety of contemporary housing types and mixed -use developments with the application
of new higher density zoning in accordance with neighborhood specific design and development standards that
might be adopted as a result of amendments to the City's land development regulations and other neighborhood
planning initiatives.