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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: George K. Wysong III, City Attorney"" x, Wysong-III DATE: April 4, 2025 RE: Ordinance No. 14344 — Rezoning - 160 NE 50 Ter, 152 NE 50 Ter, 170 NE 50 Ter, 184 NE 50 Ter, 183 NE 50 St, 177 NE 50 St File No. 14743 At its December 12, 2024, meeting, the City Commission adopted the above -referenced agenda item, PZ.14, an ordinance amending the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") 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. The legislation contained a scrivener's error regarding Exhibit "A". The legal description of the properties to be rezoned was included in Exhibit "A" of the Legislation. While Exhibit "A" of the Legislation includes the correct legal description of the properties to be rezoned, the applicant provided a survey sketch and legal description that provides more information and is signed and sealed by a licensed surveyor that should have been used as Exhibit "A". The correct Exhibit "A" is attached hereto. The correct Exhibit "A" has been uploaded, and the Legislation has been incremented to Revision B. GKW/ALK/vja Enclosure(s) Ln-L1-3 sgi„JeAw's 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, a1d 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 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 • N.) e, 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 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 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 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 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: rge Wy ng III, C y4ttor�ey /12/17/2024 III, C y ttor :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 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; FURTH ACCEPTING THE VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS_EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; ANDS' ' 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 City of Miami Page of File ID: 14743 (Revision: A) Printed On: 4/4/2025 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 Transectbound'ary to encompass the remainder of Lot 2, Block 7 of the Corrected Plat of Alta Vista, as ilkuStrated on ePlan file PZD-8; and WHEREAS, the Applicant has submitted a companion application (ePlan File ID Nat>)P2:- 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 Restrict f 77 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 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 of File ID: 14743 (Revision: A) Printed on: 4/4/2025 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 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 w 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't/he approximately twenty-six (26) acres along Northeast 2 Avenue and Northeast 54 Street; 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 Tower -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 of File ID: 14743 (Revision: A) Printed on: 4/4/2025 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 Tight 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 180 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. 2. Parking Access. Any new parking structure or surface parking lot erected to service -the BVM Properties and/or BVM Parcel, as defined in the Covenant, shall be accessed exclusively from such parcels with a zoning designation of Urban Transect Zone (T5) or greater. 3. Maximum Building Heights. The maximum height of any new buildings construcffi 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 8 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 of File ID: 14743 (Revision: A) Printed on: 4/4/2025 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 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, Florid 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", 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 of File ID: 14743 (Revision: A) Printed on: 4/4/2025 File ID: 14743 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: ge Wy ng III, C y 12/17/2024 g III, C y -ttor -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 of File ID: 14743 (Revision: A) Printed on: 4/4/2025 City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 14743 Final Action Date: 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, : a TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTIEScz, GENERALLY LOCATED AT 169, 177, AND 183 NORTHEAST 50 STREET,.) MIAMI, FLORIDA, AND A CHANGE OF ZONING DESIGNATION FIRQi1. =c "T3-L," SUBURBAN TRANSECT ZONE — LIMITED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTY GENERALLY LC)CATEDf2 AT 160 NORTHEAST 50 TERRACE, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. Fri C7 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 File ID: 14743 (Revision:) Printed On: 12/4/2024 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 Residential" and "Single Family Residential" to "Restricted Commercial" and "Medium Density Restricted Commercial"; and co 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 Applinnt'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 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 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 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 "T5-0," "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 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- C) WHEREAS, the requested change in zoning is justified given the changing canditics in y the area and the Property's location on a City -designated Transit Corridor; and ry 1 WHEREAS, the Property lies within an Opportunity Zone, a federal designation cm 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 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 City of Miami File ID: 14743 (Revision:) Printed On: 12/4/2024 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 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 Avenues 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 City of Miami File ID: 14743 (Revision:) Printed On: 12/4/2024 • "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 this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. 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: r� I M. n� ' 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