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
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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
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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;
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• "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.