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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Page 1 of 6 File ID: 14743 (Revision: 8) Printed On: 4/4/2025 14743 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 City of Miami Page 2 of 6 File ID: 14743 (Revision: 8) Printed on: 4/4/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 City of Miami Page 3 of 6 File ID: 14743 (Revision: 8) Printed on: 4/4/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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