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City of Miami
Ordinance 14344
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14743
Final Action Date: 12/12/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21
CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L,"
GENERAL URBAN ZONE — LIMITED, TO "T5-O," URBAN CENTER ZONE —
OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 5010 AND 5040
NORTHEAST 2 AVENUE AND A PORTION OF 184 NORTHEAST 50
TERRACE, MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM
"T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-O," URBAN
CENTER ZONE — OPEN, FOR A PORTION OF 184 NORTHEAST 50
TERRACE (THE WEST 15.50' OF LOT 2, BLOCK 7 OF THE CORRECTED
PLAT OF ALTA VISTA), MIAMI, FLORIDA, A CHANGE OF ZONING
DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO
"T5-L," URBAN CENTER ZONE — LIMITED, FOR THE PROPERTIES
GENERALLY LOCATED AT 162, 170, AND A PORTION OF 184 NORTHEAST
50 TERRACE (LOT 3, BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA),
MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R,"
GENERAL URBAN ZONE — RESTRICTED, TO "T4-L," GENERAL URBAN
ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 169,
177, AND 183 NORTHEAST 50 STREET, MIAMI, FLORIDA, AND A CHANGE
OF ZONING DESIGNATION FROM "T3-L," SUBURBAN TRANSECT ZONE —
LIMITED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE
PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE,
MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER
ACCEPTING THE VOLUNTARILY PROFFERED DECLARATION OF
RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT
"B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Cji
WHEREAS, Design District Studios LLC, Design District Studios II LLC, Design District
Studios 3 LLC, BVM Development LLC, Joel H. Pollard, and Jose and Carmen Sotorzaino
(collectively the "Applicant") own the properties located at Approximately 160, 162, 170, asld 184
Northeast 50 Terrace; 5010 and 5040 Northeast 2 Avenue; and 169, 177, and 183Nartheast 50 ,.
Street, Miami, Florida (collectively, the "Property"); and = ,;
WHEREAS, the Property an assemblage of nine` cn " p rty isg (9)parcels with a total ar�� c��fcn
approximately 1.52 acres (-66,249 square feet); and
City of Miami
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14743 Legislation -SUB
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File ID: 14743 Enactment Number. 14344
WHEREAS, the Property is located on the west side of Northeast 2 Avenue between
Northeast 50 Terrace and Northeast 50 Street in the Little Haiti Neighborhood Service Center
area; and
WHEREAS, the Property is divided into three (3) areas which correspond to its existing
Zoning designations: "T4-L," General Urban Zone — Limited, "T4-R," General Urban Zone —
Restricted, and "T3-L," Sub -Urban Zone -Limited; and
WHEREAS, the parcel located at 184 Northeast 50 Terrace is split zoned with the "T4-
L," General Urban Zone — Limited, fronting the Northeast 2 Avenue Corridor ("Corridor"), and
the remainder of the parcel designated "T4-R," General Urban Zone — Restricted, along
Northeast 50 Terrace; and
WHEREAS, the Transect boundary between "T4-L," General Urban Zone — Limited and
"T4-R," General Urban Zone — Restricted, is located sixteen feet (16') east of the western lot line
of Lot 2, Block 7 of the Corrected Plat of Alta Vista which is inconsistent with Section 55-7(b)(1)
of the Code of the City of Miami, Florida, as amended, which states that, "[w]here there are two
(2) or more land use zoning districts within the area being platted, each district shall be shown
as a separate block, tract, or lot on the plat"; and
WHEREAS, pursuant to Article 7, Section 7.1.2.8 of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), the Applicant requests
to change the zoning designation of the Property from "T4-L," General Urban Zone — Limited,
"T4-R," General Urban Zone — Restricted, and "T3-L," Sub -Urban Zone -Limited, to "T5-O,"
Urban Center Transect — Open, "T5-L," Urban Center Zone — Limited, and "T4-L," General
Urban Zone — Limited, as described herein; and
WHEREAS, the requested change in zoning also seeks to extend the Transect boundary
to encompass the remainder of Lot 2, Block 7 of the Corrected Plat of Alta Vista, as illustrated
on ePlan file PZD-8; and
WHEREAS, the Applicant has submitted a companion application (ePlan File ID No. PZ-
21-10194) to amend the Future Land Use Map ("FLUM") designation of the Miami
Comprehensive Neighborhood Plan ("MCNP") from "Medium Density Multifamily Res d'ential"
and "Single Family Residential" to "Restricted Commercial" and "Medium Density Restricted
Commercial": and
WHEREAS, most of the Property is developed with the Upper Buena Vista project.:_
(Waiver 2017-00048; Warrant 2018-0023; PZAB-R-14-078), which, according to the Applicant's
Letter of Intent, has "activated the site with residential, food and beverage, professional ser rice,
and micro -retail uses that serve the surrounding neighborhood"; and •
WHEREAS, the Property includes four (4) residential and mixed -use structules with a
total of thirty-three (33) units along Northeast 50 Street, an auto repair center at the interaction
on Northeast 2 Avenue and Northeast 50 Terrace, and a vacant parcel fronting Northeast 50
Terrace; and
WHEREAS, the Property is bordered to the north by the Jewish Health Systems Special
Area Plan ("Miami Jewish Health SAP") zoned T5-O and T6-8-O, to the east by the former
Archbishop Curley Notre Dame High School zoned "Cl" Civic Institutional, to the south by
parcels zoned "T4-L," General Urban Zone — Limited, and "T4-R," General Urban Zone —
Restricted, and to the west by parcels zoned "T3-L," Suburban Zone - Limited; and
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File ID: 14743 Enactment Number: 14344
WHEREAS, located northeast of the Property across Northeast 2 Avenue is the
proposed Sabal Palms Special Area Plan ("Sabal Palms SAP"), which is currently under review
by the Planning Department (PZ-21-10809/PZ-21-10935); and
WHEREAS, Northeast 2 Avenue is a City -designated Transit Corridor, which originates
in Downtown and connects the Miami Jewish SAP and the future Sabal Palms SAP to the
Design District Retail Street Special Area Plan ("Design District SAP") to the south; and
WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the Miami 21 Code
provides that a change to the Miami 21 Code Zoning Atlas may be made only to the next
Transect Zone and shall maintain the goals of this Miami 21 Code to preserve Neighborhoods
and to provide transitions in intensity and Building Height; and
WHEREAS, the Planning Department reviewed the application and found that the
proposed zoning change from "T4-L," "T4-R," and "T3-L," to "T5-O," "T5-L," and "T4-L," is
successional and appropriate in Tight of the intent of the Miami 21 Code; and
WHEREAS, the Applicant has provided an analysis illustrating that there have been
numerous City Commission approvals and development proposals in the area, which
demonstrate an increased demand for Intensity and Density in the area around the Property;
and
WHEREAS, pursuant to Ordinance No. 13722 (December 14, 2017), the City
Commission approved the Miami Jewish Health SAP, which permits the development of a
hospital campus with a research institute, hotel, and memory care facility on the twenty (20)
acres directly north the Property; and
WHEREAS, pursuant to Ordinance No. 14019 (September 13, 2021), the City
Commission approved a rezoning and FLUM amendment for the property located directly south
at 180 Northeast 50 Street from "T4-R" to "T4-L" and from "Medium Density Multifamily
Residential" to "Medium Density Restricted Commercial,", respectively; and
WHEREAS, approval of the proposed Sabal Palms SAP would likely change the e1sting
zoning from "T5-O" and "T5-R" to "CS", `T5-O", "T6-8-O," and "T6-12-0" to allow amix of --a
commercial, office, residential, a future transit facility, and public plazas and park sp4ce on the
approximately twenty-six (26) acres along Northeast 2 Avenue and Northeast 54 Street; anti
cli
WHEREAS, in 2016, the Northeast 2 Avenue Corridor was repaved to include ADA
compliant crossings, improved sidewalks, streetlamps, and bike lanes which enhances access
to the residential, office, commercial Uses that exist or are proposed in the area; and
WHEREAS, the requested change in zoning is justified given the changing conditions in
the area and the Property's location on a City -designated Transit Corridor; and
WHEREAS, the Property lies within an Opportunity Zone, a federal designation
established to incentivize investment in lower -income communities; and
WHEREAS, the increased development capacity, Height, and Density associated with
the requested change and subsequent development and redevelopment of the Property may be
a catalyst for additional housing and employment opportunities within the neighborhood; and
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File ID: 14743 Enactment Number. 14344
WHEREAS, the resulting Height, Density, and Floor Lot Ratio ("FLR") afforded with the
requested change would be consistent with and provide a more gradual transition between the
development to the north and northeast of the Property, and the adjacent low scale residential
and commercial uses to the west and south; and
WHEREAS, the proposed zoning change is in keeping with the goals, objectives, and
policies of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami
21 Code and particularly in relation to the effects on adjoining properties; and
WHEREAS, the Planning Department recommends approval of the rezoning application;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-
23-080 by a vote of seven to zero (7 - 0 ), Item No. PZAB. 14, recommending approval of the
Zoning Change; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants for
the Property, attached and incorporated as Exhibit "B" ("Covenant"), which includes the
following restrictions:
1. Short -Term Rentals. Any residential units constructed in any new structures on the
Property shall not be let for any residential tenancy with a duration of less than 18G days.
Existing structures on the Property where residential units may be used for tenancies of
less than 180 days are set forth in an exhibit in the Covenant. - -
cw,
2. Parking Access. Any new parking structure or surface parking lot erected to serviced the
BVM Properties and/or BVM Parcel, as defined in the Covenant, shall be accesseq
exclusively from such parcels with a zoning designation of Urban Transect Zone (11 or
greater.
3. Maximum Building Heights. The maximum height of any new buildings constructed on
any portion of the Property with a designation of Urban Center Transect Zone (T5) shall
be limited to a maximum height of five (5) Stories or eight -one feet (81'), whichever is
less. Owners hereby further agree that the maximum height of any new buildings
constructed on any portion of the Property with a designation of General Urban Transect
Zone (T4) shall be three (3) Stories or forty feet (40'), whichever is less.
4. DDS Property Maximum Density & Use Restrictions. In addition to the restriction on
residential tenancies of 180 days or less set forth hereinabove, DDS hereby covenants
that the future development of the DDS Property shall: (i) for any new residential use, be
limited to a maximum density of five (5) dwelling units; and (ii) not developed as Public
Parking, as such term is defined in Miami 21, or as a private surface parking lot in
support of such residential uses on the Studios Properties.
5. BVM Properties Maximum Density. The future development of the BVM Properties for
any new residential use shall be limited to a maximum density of fifty (50) dwelling units.
City of Miami Page 4 of 6 File ID: 14743 (Revision: B) Printed on: 4/4/2025
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File ID: 14743 Enactment Number: 14344
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed change necessary; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to
recommend approval of this amendment to the Miami 21 Code Zoning Atlas as set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves the amendment of the Zoning Atlas of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami
21 Code") by changing the zoning classification from:
• "T4-L," General Urban Zone - Limited, to "T5-O," Urban Center Zone - Open, for
the portions of the Property generally located at 5010 Northeast 2 Avenue, 5040
Northeast 2 Avenue, and a portion of 184 Northeast 50 Terrace, Miami Florida;
• "T4-R," General Urban Zone - Restricted, to "T5-O," Urban Center Zone - Open,
for the portion of the Property located on a portion of 184 Northeast 50 Terrace
(the west 16' of Lot 2, Block 7 of the Corrected Plat of Alta Vista), Miami, Florida;
• "T4-R," General Urban Zone - Restricted, to "T5-L," Urban Center Zone -
Limited, for the portion of the Property generally located at 162 Northeast 50
Terrace, 170 Northeast 50 Terrace, and a portion of 184 Northeast 50, Terrace
(Lot 3, Block 7 of the Corrected Plat of Alta Vista), Miami, Florida;
• "T4-R," General Urban Zone - Restricted, to "T4-L," General Urban Zone •-
Limited, for the portion of the Property generally located at 169 Northeast 50
Street, 177 Northeast 50 Street, and 183 Northeast 50 Street, Miami, ,Florida °"`
and ,~' r •' t;;j
• "T3-L," Suburban Transect Zone - Limited, to "T4-L," General Urban Zone
Limited for the portion of the Property generally located at 160 Northeast 50
Terrace, Miami, Florida;
all as described in "Exhibit A", attached and incorporated.
Section 3. The City Commission accepts the voluntarily proffered Covenant, attached
and incorporated as Exhibit "B," to be submitted to the City within thirty (30) days of adoption
hereof.
City of Miami Page 5 of 6 File ID: 14743 (Revision: B) Printed on: 4/4/2025
File ID: 14743
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Enactment Number: 14344
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes
and Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
Wy, ng III, C y or y 12/17/2024 ge . Wy ng III, C y 4/1/2025
1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 6 of 6 File ID: 14743 (Revision: 8) Printed on: 4/4/2025
City of Miami
Ordinance 14344
Legislation
File Number: 14743
SUBSTITUTED
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.co
Final Action Date: 12/ /2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTAC
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, TH
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
CODE"), BY CHANGING THE ZONING CLASSIFICATION FRO
GENERAL URBAN ZONE — LIMITED, TO "T5-0," URBAN CE
OPEN, FOR THE PROPERTIES GENERALLY LOCATED A
NORTHEAST 2 AVENUE AND A PORTION OF 184 NOR
TERRACE, MIAMI, FLORIDA, A CHANGE OF ZONING
"T4-R," GENERAL URBAN ZONE — RESTRICTED, T
CENTER ZONE — OPEN, FOR A PORTION OF 184
TERRACE (THE WEST 15.50' OF LOT 2, BLOCK
PLAT OF ALTA VISTA), MIAMI, FLORIDA, A C
DESIGNATION FROM "T4-R," GENERAL UR
"T5-L," URBAN CENTER ZONE — LIMITED
GENERALLY LOCATED AT 162, 170, AN
50 TERRACE (LOT 3, BLOCK 7 OF TH
MIAMI, FLORIDA, A CHANGE OF ZO
GENERAL URBAN ZONE — RESTR
ZONE — LIMITED, FOR THE PRO
177, AND 183 NORTHEAST 50
OF ZONING DESIGNATION F
LIMITED, TO "T4-L," GENE
PROPERTY GENERALLY
MIAMI, FLORIDA (COL
DESCRIBED IN EXHI
ACCEPTING THE V
RESTRICTIVE C
"B"; MAKING FI
PROVIDING F'd R AN EFFECTIVE DATE.
ENT(S),
ONING
IAM 121
"T4-L,"
ER ZONE —
010 AND 5040
EAST 50
SIGNATION FROM
5-0," URBAN
ORTHEAST 50
OF THE CORRECTED
NGE OF ZONING
N ZONE — RESTRICTED, TO
R THE PROPERTIES
A PORTION OF 184 NORTHEAST
ORRECTED PLAT OF ALTA VISTA),
G DESIGNATION FROM "T4-R,"
TED, TO "T4-L," GENERAL URBAN
RTIES GENERALLY LOCATED AT 169,
REET, MIAMI, FLORIDA, AND A CHANGE
OM "T3-L," SUBURBAN TRANSECT ZONE —
L URBAN ZONE — LIMITED, FOR THE
OCATED AT 160 NORTHEAST 50 TERRACE,;
CTIVELY, "PROPERTY"), AS PARTICULARLY
"A," ATTACHED AND INCORPORATED; FURTH
UNTARILY PROFFERED DECLARATION OF
ENANTS, ATTACHED AND INCORPORATED AS_EXHIBIT T4.1
INGS; CONTAINING A SEVERABILITY CLAUSE; ANDS' ��
WHERE ' , Design District Studios LLC, Design District Studios II LLC, Design District
Studios 3 LLC, '- M Development LLC, Joel H. Poliard, and Jose and Carmen Solorzano
(collectively t► - "Applicant") own the properties located at Approximately 160, 162, 170, and 184
Northeast Terrace; 5010 and 5040 Northeast 2 Avenue; and 169, 177, and 183 Northeast 50
Street, M. - mi, Florida (collectively, the "Property"); and
WHEREAS, the Property is an assemblage of nine (9) parcels with a total area of
ximately 1.52 acres (-66,249 square feet); and
City of Miami Page of File ID: 14743 (Revision: A) Printed On: 4/4/2025
SUBSTITUTED
File ID: 14743 Enactment Number: 14344
WHEREAS, the Property is located on the west side of Northeast 2 Avenue between
Northeast 50 Terrace and Northeast 50 Street in the Little Haiti Neighborhood Service Center
area; and
WHEREAS, the Property is divided into three (3) areas which correspond to its exi n
Zoning designations: "T4-L," General Urban Zone — Limited, "T4-R," General Urban Zon —
Restricted, and "T3-L," Sub -Urban Zone -Limited; and
WHEREAS, the parcel located at 184 Northeast 50 Terrace is split zoned h the "T4-
L," General Urban Zone — Limited, fronting the Northeast 2 Avenue Corridor ("C• idor"), and
the remainder of the parcel designated "T4-R," General Urban Zone — Restric • • , along
Northeast 50 Terrace; and
WHEREAS, the Transect boundary between "T4-L," General Ur• n Zone — Limited and
"T4-R," General Urban Zone — Restricted, is located sixteen feet (16') - -st of the western lot line
of Lot 2, Block 7 of the Corrected Plat of Alta Vista which is inconsis nt with Section 55-7(b)(1)
of the Code of the City of Miami, Florida, as amended, which stat- that, "[w]here there are two
(2) or more land use zoning districts within the area being platte each district shall be shown
as a separate block, tract, or lot on the plat"; and
WHEREAS, pursuant to Article 7, Section 7.1.2.8 • Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended (" mi 21 Code"), the Applicant requests
to change the zoning designation of the Property from 4-L," General Urban Zone — Limited,
"T4-R," General Urban Zone — Restricted, and "T3- Sub -Urban Zone -Limited, to "T5-O,"
Urban Center Transect — Open, "T5-L," Urban Ce er Zone — Limited, and "T4-L," General
Urban Zone — Limited, as described herein; and
WHEREAS, the requested change i oning also seeks to extend the Transectbound'ary
to encompass the remainder of Lot 2, Blo• 7 of the Corrected Plat of Alta Vista, as ilktatrated
on ePlan file PZD-8; and
WHEREAS, the Applicant h.. submitted a companion application (ePlan File ID Nat>)P2:-
21-10194) to amend the Future L d Use Map ("FLUM") designation of the Miami
Comprehensive Neighborhood an ("MCNP") from "Medium Density Multifamily Resldentitil"
and "Single Family Residents. to "Restricted Commercial" and "Medium Density Restrict f
77
Commercial"; and .
WHEREAS, mo of the Property is developed with the Upper Buena Vista project
(Waiver 2017-00048; arrant 2018-0023; PZAB-R-14-078), which, according to the Applicant's
Letter of Intent, has -ctivated the site with residential, food and beverage, professional service,
and micro -retail u -s that serve the surrounding neighborhood"; and
WHE AS, the Property includes four (4) residential and mixed -use structures with a
total of thi hree (33) units along Northeast 50 Street, an auto repair center at the intersection
on North- - t 2 Avenue and Northeast 50 Terrace, and a vacant parcel fronting Northeast 50
Terrac- nd
WHEREAS, the Property is bordered to the north by the Jewish Health Systems Special
A a Plan ("Miami Jewish Health SAP") zoned T5-O and T6-8-O, to the east by the former
rchbishop Curley Notre Dame High School zoned "Cl" Civic Institutional, to the south by
parcels zoned "T4-L," General Urban Zone — Limited, and "T4-R," General Urban Zone —
Restricted, and to the west by parcels zoned "T3-L," Suburban Zone - Limited; and
City of Miami Page of File ID: 14743 (Revision: A) Printed on: 4/4/2025
SUBSTITUTED
File ID: 14743 Enactment Number: 14344
WHEREAS, located northeast of the Property across Northeast 2 Avenue is the
proposed Sabal Palms Special Area Plan ("Sabal Palms SAP"), which is currently under review
by the Planning Department (PZ-21-10809/PZ-21-10935); and
WHEREAS, Northeast 2 Avenue is a City -designated Transit Corridor, which origin es
in Downtown and connects the Miami Jewish SAP and the future Sabal Palms SAP to th
Design District Retail Street Special Area Plan ("Design District SAP") to the south; an
WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the Mi- i 21 Code
provides that a change to the Miami 21 Code Zoning Atlas may be made only to e next
Transect Zone and shall maintain the goals of this Miami 21 Code to preserve eighborhoods
and to provide transitions in intensity and Building Height; and
WHEREAS, the Planning Department reviewed the application a
proposed zoning change from "T4-L," "T4-R," and "T3-L," to "T5-O," "T
successional and appropriate in light of the intent of the Miami 21 Co -e;
found that the
L," and "T4-L," is
and
WHEREAS, the Applicant has provided an analysis illust - ing that there have been
numerous City Commission approvals and development prop• als in the area, which
demonstrate an increased demand for Intensity and Density ' the area around the Property;
and
WHEREAS, pursuant to Ordinance No. 13722 •ecember 14, 2017), the City
Commission approved the Miami Jewish Health SA', which permits the development of a
hospital campus with a research institute, hotel, a • memory care facility on the twenty (20)
acres directly north the Property; and
WHEREAS, pursuant to Ordinance •. 14019 (September 13, 2021), the City
Commission approved a rezoning and FL amendment for the property located directly south
at 180 Northeast 50 Street from "T4-R" "T4-L" and from "Medium Density Multifamily
Residential" to "Medium Density Restr ted Commercial,", respectively; and
WHEREAS, approval of th • proposed Sabal Palms SAP would likely change the existing
zoning from "T5-O" and "T5-R" "CS", "T5-O", "T6-8-O," and "T6-12-0" to allow a mix, of
commercial, office, residentia - future transit facility, and public plazas and park space on't/he
approximately twenty-six (2 acres along Northeast 2 Avenue and Northeast 54 Street;
WHEREAS, in
compliant crossings,
to the residential, o
6, the Northeast 2 Avenue Corridor was repaved to include ADA-
proved sidewalks, streetlamps, and bike lanes which enhances access
e, commercial Uses that exist or are proposed in the area; and
WHER , the requested change in zoning is justified given the changing conditions in
the area and e Property's location on a City -designated Transit Corridor; and
W REAS, the Property lies within an Opportunity Zone, a federal designation
establis' -d to incentivize investment in Tower -income communities; and
WHEREAS, the increased development capacity, Height, and Density associated with
th = equested change and subsequent development and redevelopment of the Property may be
atalyst for additional housing and employment opportunities within the neighborhood; and
City of Miami Page of File ID: 14743 (Revision: A) Printed on: 4/4/2025
SUBSTITUTED
File ID: 14743 Enactment Number: 14344
WHEREAS, the resulting Height, Density, and Floor Lot Ratio ("FLR") afforded with the
requested change would be consistent with and provide a more gradual transition between the
development to the north and northeast of the Property, and the adjacent low scale residential
and commercial uses to the west and south; and
WHEREAS, the proposed zoning change is in keeping with the goals, objectives,
policies of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the proposed change maintains the goals of the Miami 21 Cod- to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, the proposed zoning change is appropriate in Tight of the tent of the Miami
21 Code and particularly in relation to the effects on adjoining properties;
WHEREAS, the Planning Department recommends approval o e rezoning application;
and
WHEREAS, the Planning, Zoning and Appeals Board ("P P B"), at its meeting on
September 20, 2023, following an advertised public hearing, a• •pted Resolution No. PZAB-R-
23-080 by a vote of seven to zero (7 - 0 ), Item No. PZAB. 1 , recommending approval of the
Zoning Change; and
WHEREAS, the Applicant voluntarily proffered
the Property, attached and incorporated as Exhibit "
following restrictions:
Declaration of Restrictive Covenants for
("Covenant"), which includes the
1. Short -Term Rentals. Any residential is constructed in any new structures on the
Property shall not be let for any resi • tial tenancy with a duration of less than 180 days.
Existing structures on the Property here residential units may be used for tenancies of
less than 180 days are set forth i - an exhibit in the Covenant.
2. Parking Access. Any new p king structure or surface parking lot erected to service -the
BVM Properties and/or BV Parcel, as defined in the Covenant, shall be accessed
exclusively from such p- ' els with a zoning designation of Urban Transect Zone (T5) or
greater.
3. Maximum Buildi Heights. The maximum height of any new buildings construct on
any portion of throperty with a designation of Urban Center Transect Zone (T5) shall
be limited to a aximum height of five (5) Stories or eight -one feet (81'), whichever is
less. Owner ereby further agree that the maximum height of any new buildings
constructe- on any portion of the Property with a designation of General Urban Transect
Zone (T shall be three (3) Stories or forty feet (40'), whichever is less.
4. DDS roperty Maximum Density 8 Use Restrictions. In addition to the restriction on
re . ential tenancies of 180 days or less set forth hereinabove, DDS hereby covenants
t the future development of the DDS Property shall: (i) for any new residential use, be
Imited to a maximum density of five (5) dwelling units; and (ii) not developed as Public
Parking, as such term is defined in Miami 21, or as a private surface parking lot in
support of such residential uses on the Studios Properties.
5. BVM Properties Maximum Density. The future development of the BVM Properties for
any new residential use shall be limited to a maximum density of fifty (50) dwelling units.
City of Miami Page of File ID: 14743 (Revision: A) Printed on: 4/4/2025
SUBSTITUTED
Fite ID: 14743 Enactment Number: 14344
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of e
proposed change necessary; and
WHEREAS, the City Commission, after careful consideration of this matter, . eems it
advisable and in the best interest of the general welfare of the City and its inhabi is to
recommend approval of this amendment to the Miami 21 Code Zoning Atlas a et forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION O. HE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamb to this Ordinance are
adopted by reference and incorporated as if fully set forth in this S tion.
Section 2. The City Commission approves the amen • ent of the Zoning Atlas of
Ordinance No. 13114, the Zoning Ordinance of the City of ami, Florida, as amended, ("Miami
21 Code") by changing the zoning classification from:
• "T4-L," General Urban Zone — Limite• to "T5-O," Urban Center Zone — Open, for
the portions of the Property generlocated at 5010 Northeast 2 Avenue, 5040
Northeast 2 Avenue, and a porti• of 184 Northeast 50 Terrace, Miami Florida;
• "T4-R," General Urban Zone — estricted, to "T5-O," Urban Center Zone — Open,
for the portion of the Prope located on a portion of 184 Northeast 50 Terrace
(the west 16' of Lot 2, Blo 7 of the Corrected Plat of Alta Vista), Miami, Florida;
• "T4-R," General Urban one — Restricted, to "T5-L," Urban Center Zone
Limited, for the porti • of the Property generally located at 162 Northeast 50
Terrace, 170 Nort ast 50 Terrace, and a portion of 184 Northeast 50 Terrace
(Lot 3, Block 7 • he Corrected Plat of Alta Vista), Miami, Florida;
• "T4-R," Gene Urban Zone — Restricted, to "T4-L," General Urban Zone =
Limited, for e portion of the Property generally located at 169 Northeast 50)
Street, 1 Northeast 50 Street, and 183 Northeast 50 Street, Miami, Florid
and
• "T3- ,' Suburban Transect Zone — Limited, to "T4-L," General Urban Zone —
Li, ited for the portion of the Property generally located at 160 Northeast 50
errace, Miami, Florida;
all as des • bed in "Exhibit A", attached and incorporated.
Section 3. The City Commission accepts the voluntarily proffered Covenant, attached
an• ncorporated as Exhibit "B," to be submitted to the City within thirty (30) days of adoption
reof.
City of Miami
Page of File ID: 14743 (Revision: A) Printed on: 4/4/2025
File ID: 14743
SUBSTITUTED
Enactment Number: 14344
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statu
and Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy ng III, C y
12/17/2024 e'. ge . Wyy ng III, C y
4/1/2025
is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
ys from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page of File ID: 14743 (Revision: A) Printed on: 4/4/2025
City of Miami
Legislation
Ordinance
Enactment Number
SUBSTITUTED
City Hall
3500 Pan Ameican Dri
Miami, FL 33133
www.miamigov.c
File Number: 14743 Final Acti - Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF OR ANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF i A MI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHAN G THE
ZONING CLASSIFICATION FROM "T4-L," GENERAL U =AN ZONE -
LIMITED, TO "T5-O," URBAN CENTER ZONE - OPE , FOR THE
PROPERTIES GENERALLY LOCATED AT 5010 A 5040 NORTHEAST
2 AVENUE AND A PORTION OF 184 NORTHEA 50 TERRACE, MIAMI,
FLORIDA, A CHANGE OF ZONING DESIGNAT i N FROM "T4-R,"
GENERAL URBAN ZONE - RESTRICTED, Tr 'T5-O," URBAN CENTER
ZONE - OPEN, FOR A PORTION OF 184 d RTHEAST 50 TERRACE
(THE WEST 15.50' OF LOT 2, BLOCK 7 • THE CORRECTED PLAT OF
ALTA VISTA), MIAMI, FLORIDA, A CH A GE OF ZONING DESIGNATION
FROM "T4-R," GENERAL URBAN ZOE - RESTRICTED, TO "T5-L,"
URBAN CENTER ZONE - LIMITED OR THE PROPERTIES
GENERALLY LOCATED AT 162, 0, AND A PORTION OF 184
NORTHEAST 50 TERRACE (L s y
PLAT OF ALTA VISTA), MIA
DESIGNATION FROM "T4-
TO "T4-L," GENERAL UR
GENERALLY LOCATE
MIAMI, FLORIDA, AN
"T3-L," SUBURBAN
URBAN ZONE -
AT 160 NORTH
"PROPERTY"
ATTACHED
PROVIDI
3, BLOCK 7 OF THE CORRECTED,
FLORIDA, A CHANGE OF ZONING
GENERAL URBAN ZONE - RESTRICTED,
N ZONE - LIMITED, FOR THE PROPERTIEScz,
T 169, 177, AND 183 NORTHEAST 50 STREET,.)
A CHANGE OF ZONING DESIGNATION FIRQi1.
ANSECT ZONE - LIMITED, TO "T4-L," GENERAL
ITED, FOR THE PROPERTY GENERALLY LOCATE[
ST 50 TERRACE, MIAMI, FLORIDA (COLLECTIVELY,
AS PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ND INCORPORATED; MAKING FINDINGS; AND
FOR AN EFFECTIVE DATE.
Fri
C7
WHE ' AS, Design District Studios LLC, Design District Studios II LLC, Design District
Studios 3 L ' , BVM Development LLC, Joel H. Poliard, and Jose and Carmen Solorzano
(collective the "Applicant") own the properties located at Approximately 160, 162, 170, and 184
Northea- 50 Terrace; 5010 and 5040 Northeast 2 Avenue; and 169, 177, and 183 Northeast 50
Street iami, Florida (collectively, the "Property"); and
WHEREAS, the Property is an assemblage of nine (9) parcels with a total area of
proximately 1.52 acres (-66,249 square feet); and
WHEREAS, the Property is located on the west side of Northeast 2 Avenue between
Northeast 50 Terrace and Northeast 50 Street in the Little Haiti Neighborhood Service Center
area; and
City of Miami File ID: 14743 (Revision:) Printed On: 12/4/2024
SUBSTITUTED
WHEREAS, the Property is divided into three (3) areas which correspond to its existing
Zoning designations: "T4-L," General Urban Zone — Limited, "T4-R," General Urban Zone —
Restricted, and "T3-L," Sub -Urban Zone -Limited; and
WHEREAS, the parcel located at 184 Northeast 50 Terrace is split zoned with the " '4-
L," General Urban Zone — Limited, fronting the Northeast 2 Avenue Corridor ("Corridor"), - d
the remainder of the parcel designated "T4-R," General Urban Zone — Restricted, alon
Northeast 50 Terrace; and
WHEREAS, the Transect boundary between "T4-L," General Urban Zon Limited and
"T4-R," General Urban Zone — Restricted, is located sixteen feet (16') east of ► western lot line
of Lot 2, Block 7 of the Corrected Plat of Alta Vista which is inconsistent with .ection 55-7(b)(1)
of the Code of the City of Miami, Florida, as amended, which states that, " here there are two
(2) or more land use zoning districts within the area being platted, each • trict shall be shown
as a separate block, tract, or lot on the plat"; and
WHEREAS, pursuant to Article 7, Section 7.1.2.8 of Ordin ce No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 ode"), the Applicant requests
to change the zoning designation of the Property from "T4-L," ' eneral Urban Zone — Limited,
"T4-R," General Urban Zone — Restricted, and "T3-L," Sub- •an Zone -Limited, to "T5-O,"
Urban Center Transect — Open, "T5-L," Urban Center Zon — Limited, and "T4-L," General
Urban Zone — Limited, as described herein; and
WHEREAS, the requested change in zoning so seeks to extend the Transect boundary
to encompass the remainder of Lot 2, Block 7 of t Corrected Plat of Alta Vista, as illustrated
on ePlan file PZD-8; and
WHEREAS, the Applicant has subm' -d a companion application (ePlan File ID No. PZ-
21-10194) to amend the Future Land Use ap ("FLUM") designation of the Miami
Comprehensive Neighborhood Plan ("M ' P") from "Medium Density Multifamily Residential"
and "Single Family Residential" to "R- ricted Commercial" and "Medium Density Restricted
Commercial"; and
co
WHEREAS, most of the ' operty is developed with the Upper Buena Vista project„,
(Waiver 2017-00048; Warran 018-0023; PZAB-R-14-078), which, according to the Applicant's
Letter of Intent, has "activat: • the site with residential, food and beverage, professional service,
and micro -retail uses that -rve the surrounding neighborhood"; and
WHEREAS, t Property includes four (4) residential and mixed -use structures with a
total of thirty-three ) units along Northeast 50 Street, an auto repair center at the intersection
on Northeast 2 A nue and Northeast 50 Terrace, and a vacant parcel fronting Northeast 50
Terrace; and
WH . ' EAS, the Property is bordered to the north by the Jewish Health Systems Special
Area Pla Miami Jewish Health SAP") zoned T5-O and T6-8-O, to the east by the former
Archbis' • p Curley Notre Dame High School zoned "Cl" Civic Institutional, to the south by
parce . zoned "T4-L," General Urban Zone — Limited, and "T4-R," General Urban Zone —
Re acted, and to the west by parcels zoned "T3-L," Suburban Zone - Limited; and
WHEREAS, located northeast of the Property across Northeast 2 Avenue is the
proposed Sabal Palms Special Area Plan ("Sabal Palms SAP"), which is currently under review
by the Planning Department (PZ-21-10809/PZ-21-10935); and
City of Miami File ID: 14743 (Revision:) Printed On: 12/4/2024
SUBSTITUTED
WHEREAS, Northeast 2 Avenue is a City -designated Transit Corridor, which originates
in Downtown and connects the Miami Jewish SAP and the future Sabal Palms SAP to the
Design District Retail Street Special Area Plan ("Design District SAP") to the south; and
WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the Miami 21 Code
provides that a change to the Miami 21 Code Zoning Atlas may be made only to the next
Transect Zone and shall maintain the goals of this Miami 21 Code to preserve Neighborhoo
and to provide transitions in intensity and Building Height; and
WHEREAS, the Planning Department reviewed the application and found that e
proposed zoning change from "T4-L," "T4-R," and "T3-L," to "T5-O," "T5-L," and "T4 ," is
successional and appropriate in Tight of the intent of the Miami 21 Code; and
WHEREAS, the Applicant has provided an analysis illustrating that th - have been
numerous City Commission approvals and development proposals in the ar- -, which
demonstrate an increased demand for Intensity and Density in the area a 4 and the Property;
and
WHEREAS, pursuant to Ordinance No. 13722 (December 1 , 2017), the City
Commission approved the Miami Jewish Health SAP, which per ' s the development of a
hospital campus with a research institute, hotel, and memory c. - facility on the twenty (20)
acres directly north the Property; and
WHEREAS, pursuant to Ordinance No. 14019 (S=• ember 13, 2021), the City
Commission approved a rezoning and FLUM amendm - for the property located directly south
at 180 Northeast 50 Street from "T4-R" to "T4-L" and ' om "Medium Density Multifamily
Residential" to "Medium Density Restricted Comm- ial,", respectively; and
WHEREAS, approval of the proposed •al Palms SAP would likely change the existing
zoning from "T5-O" and "T5-R" to "CS", "T5-• "T6-8-O," and "T6-12-0" to allow a mix of
commercial, office, residential, a future tra t facility, and public plazas and park space on the
approximately twenty-six (26) acres alone ortheast 2 Avenue and Northeast 54 Street; and
WHEREAS, in 2016, the Nort
compliant crossings, improved sid
to the residential, office, commer' .I
ast 2 Avenue Corridor was repaved to include,ADA-
alks, streetlamps, and bike lanes which enhances access
Uses that exist or are proposed in the area; and
-
C)
WHEREAS, the requ= -ted change in zoning is justified given the changing canditics in
the area and the Property ocation on a City -designated Transit Corridor; and
ry 1
WHEREAS, th roperty lies within an Opportunity Zone, a federal designation cm
established to incent ze investment in lower -income communities; and
WHEREA', the increased development capacity, Height, and Density associated with
the requested c- . nge and subsequent development and redevelopment of the Property may be
a catalyst for . •ditional housing and employment opportunities within the neighborhood; and
W. REAS, the resulting Height, Density, and Floor Lot Ratio ("FLR") afforded with the
request- • change would be consistent with and provide a more gradual transition between the
devel • • ment to the north and northeast of the Property, and the adjacent low scale residential
and ommercial uses to the west and south; and
WHEREAS, the proposed zoning change is in keeping with the goals, objectives, and
policies of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
City of Miami File ID: 14743 (Revision:) Printed On: 12/4/2024
SUBSTITUTED
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, the proposed zoning change is appropriate in light of the intent of the Mia
21 Code and particularly in relation to the effects on adjoining properties; and
WHEREAS, the Planning Department recommends approval of the rezoning appl' ation;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeti' • on
September 20, 2023, following an advertised public hearing, adopted Resolution o. PZAB-R-
23-080 by a vote of seven to zero (7 - 0 ), Item No. PZAB. 14, recommending - • proval of the
Zoning Change; and
WHEREAS, the City Commission has considered the goals, obje• ves, and policies of
the MCNP, the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need d justification for the
proposed change, including changing and changed conditions th make the passage of the
proposed change necessary; and
WHEREAS, the City Commission, after careful con
advisable and in the best interest of the general welfare
recommend approval of this amendment to the Miami
eration of this matter, deems it
the City and its inhabitants to
Code Zoning Atlas as set forth herein;
NOW, THEREFORE, BE IT ORDAINED B HE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings
adopted by reference and incorporated a
ntained in the Preamble to this Ordinance are
fully set forth in this Section. M,
Section 2. The City Commiss - n approves the amendment of the Zoning Atlas. of :
Ordinance No. 13114, the Zoning ' dinance of the City of Miami, Florida, as amended, ("Miami
-
21 Code") by changing the zoni ; classification from:
• "T4-L," Gene'. I Urban Zone — Limited, to "T5-O," Urban Center Zone,.= Open, for
the portio of the Property generally located at 5010 Northeast 2 Avenues 5040
Northea- 2 Avenue, and a portion of 184 Northeast 50 Terrace, Miami Florida;
• "T4-R General Urban Zone — Restricted, to "T5-O," Urban Center Zone — Open,
for e portion of the Property located on a portion of 184 Northeast 50 Terrace
( west 16' of Lot 2, Block 7 of the Corrected Plat of Alta Vista), Miami, Florida;
4-R," General Urban Zone — Restricted, to "T5-L," Urban Center Zone —
Limited, for the portion of the Property generally located at 162 Northeast 50
Terrace, 170 Northeast 50 Terrace, and a portion of 184 Northeast 50 Terrace
(Lot 3, Block 7 of the Corrected Plat of Alta Vista), Miami, Florida;
• "T4-R," General Urban Zone — Restricted, to "T4-L," General Urban Zone —
Limited, for the portion of the Property generally located at 169 Northeast 50
Street, 177 Northeast 50 Street, and 183 Northeast 50 Street, Miami, Florida;
and
City of Miami File ID: 14743 (Revision:) Printed On: 12/4/2024
SUBSTITUTED
• "T3-L," Suburban Transect Zone — Limited, to "T4-L," General Urban Zone —
Limited for the portion of the Property generally located at 160 Northeast 50
Terrace, Miami, Florida;
all as described in "Exhibit A", and attached and incorporated hereto.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of is
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be - ected.
Section 4. This Ordinance shall become effective thirty-one (31) days aft- second
reading and adoption thereof, pursuant and subject to Section 163.3184(12), F ida Statutes
and Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein_ whichever is later.
City of Miami File ID: 14743 (Revision:) Printed On: 12/4/2024