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HomeMy WebLinkAboutPZAB (13075) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-080 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13075 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE 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, THE "PROPERTY"), AS PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Design District Studios LLC, Design District Studios II LLC, Design District Studios 3 LLC, BVM Development LLC, Joel H. Poliard, and Jose and Carmen Solorzano (collectively the "Applicant") own the properties located at Approximately 160, 162, 170, and 184 Northeast 50 Terrace; 5010 and 5040 Northeast 2 Avenue; and 169, 177, and 183 Northeast 50 Street, Miami, Florida (collectively, the "Property"); and WHEREAS, the Property is an assemblage of nine (9) parcels with a total area of approximately 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 Page 1 of 5 File ID: 13075 (Revision:) Printed On: 12/26/2023 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 (the "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 the Code of the City of Miami, Florida, as amended, Section 55-7(b)(1), 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 Residential" 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 service, and micro -retail uses that serve the surrounding neighborhood"; and WHEREAS, the Property includes four (4) residential and mixed -use structures with a total of thirty-three (33) units along Northeast 50 Street, an auto repair center at the intersection 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 CI-T5-O and CI-T6-8-O, to the east by the former Archbishop Curley Notre Dame High School zoned CI, 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 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 Page 2 of 5 File ID: 13075 (Revision:) Printed On: 12/26/2023 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 provide 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 light 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 existing zoning from "T5-O" and "T5-R" to "CS", "T5-O", "T6-8-O" and "T6-12-0" to allow a mix of commercial, office, residential, a future transit facility, and public plazas and park space on the approximately twenty-six (26) acres along Northeast 2 Avenue and Northeast 54 Street; and 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 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 City of Miami Page 3 of 5 File ID: 13075 (Revision:) Printed On: 12/26/2023 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") has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, the PZAB 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 PZAB, 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 RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The PZAB recommends that the City Commission approve the request to amend 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; City of Miami Page 4 of 5 File ID: 13075 (Revision:) Printed On: 12/26/2023 • "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 • "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. This Resolution shall become effective upon immediately upon adoption by the PZAB. Reviewed and Approved: Lakrsha Hull AICP LEED AP BD+C City of Miami Page 5 of 5 File ID: 13075 (Revision:) Printed On: 12/26/2023 EXHIBIT A PARCELS BEING REZONED FROM T3-L TO T4-L The East 55 feet of Lot 5, Block 7, of CORRECTED PLAT OF ALTA VISTA, according to the plat thereof, recorded at Plat Book 6, Page 4, in the Public Records of Miami -Dade County, Florida. PARCELS BEING REZONED FROM T4-R TO T4-L Lots 3, 4, and 5, Block 1, of BELLAIRE, a subdivision, according to the Plat thereof, recorded in Plat Book 6, Page 24, of the Public Records of Miami -Dade County. PARCEL BEING REZONED FROM T4-R TO T5-L Lots 3 and 4, Block 7, of CORRECTED PLAT OF ALTA VISTA, according to the plat thereof, recorded at Plat Book 6, Page 4, in the Public Records of Miami -Dade County, Florida. PARCELS BEING REZONED FROM T4-R TO T5-O The West 15.50' of Lot 2, Block 7, of CORRECTED PLAT OF ALTA VISTA, according to the plat thereof, recorded at Plat Book 6, Page 4, in the Public Records of Miami -Dade County, Florida, Less the East 10 feet of the North 80 feet of said Lot 1, Block 7 for R/W purpose PARCELS BEING REZONED FROM T4-L TO T5-O Lot 1 and East 49.50' of Lot 2, Block 7, of CORRECTED PLAT OF ALTA VISTA, according to the plat thereof, recorded at Plat Book 6, Page 4, in the Public Records of Miami -Dade County, Florida. and Lots 1 and 2, Block 1, of BELLAIRE, a subdivision, according to the Plat thereof, recorded in Plat Book 6, Page 24, of the Public Records of Miami -Dade County, Florida, less the Southerly 55.0 feet of said Lot 2, Block 1 of BELLAIRE, according to the Plat thereof as recorded in Plat Book 6, Page 24, Public Records of Miami -Dade County, Florida, Less the East 10 feet of the South 29.05 feet of said Lot 1, Block 1 and less the East 10 feet of the North 15.95 feet of said Lot 2, Block 1 for R/W purpose.