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PZ-23-16878
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City of Miami
Planning Department
ANALYSIS FOR
REZONE
Staff Analysis Report No.
PZ-23-16878
Location
175 Northeast 55 Street; 184 Northeast 56
Street
Folio Numbers
0131130640010; 0131130640070
Miami 21 Zoning Code ("Miami 21 Code")
Transects
"T4-R" General Urban Transect Zone —
Restricted; "T5-O" Urban Center Transect
Zone — Open
Miami Comprehensive Neighborhood
Plan ("MCNP") Future Land Use
Designations ("FLU")
Medium Density Multi Family Residential;
Restricted Commercial
City Commissioner District
5, City Commissioner: Christine King
Department of Human Service
Neighborhood Service Center
Little Haiti
Planner
Darren Murphy, Planner II; Email:
dmurphy@miamigov.com
Property Owner
5500 W Little Haiti, LLC
Project Representative
Steven J. Wernick, Esquire AICP, Wernick &
Co, PLLC; Email: sjw@wernickco.com
A. REQUEST
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21 Code"), as amended,
Steven J. Wernick, Esquire AICP, Wernick & Co, PLLC, on behalf of 5900 W Little Haiti, LLC
("the Applicant"), is requesting an amendment to the Zoning Atlas by changing the Transect
Zone from "T4-R" General Urban Transect Zone — Restricted To "T5-O" Urban Center Transect
Zone — Open of the properties being located at 175 Northeast 55 Street; 184 Northeast 56
Street ("the Property").
B. RECOMMENDATION
Pursuant to Article 7, Section 7.1.2.8 of the Miami 21 Code, as amended, the Planning
Department recommends Denial for the requested change in zoning from "T4-R" Urban General
Transect Zone — Restricted to "T5-O" Urban Center Transect Zone — Open for the Property
generally located at 184 Northeast 56 Street and 175 Northeast 55 Street based upon the facts
and findings in this staff report.
The Applicant's existing and proposed zoning changes are summarized below, refer to Figure 1
and Table 1.
PZ-23-16878: 184 NE 56 ST— Page 1 of 15
3/19/2024
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Existing Miami 21 Zoning - °`T4-R'',
General Urban Transect Zone - Restricted
Proposed Miami 21 Zoning - "T5-O", Urban
Center Transect Zone - Open
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Figure 1: Existing and Proposed Zoning Changes
ADDRESS
SQ FT
EXISTING FLU
DESIGNATION
PROPOSED FLU
DESIGNATION
EXISTING
ZONING
PROPOSED
ZONING
184 NE 56 ST
3,501
Medium Density
Multi -Family
Residential
Restricted
Commercial
"T4-R",
Urban
General
Transect
Zone -
Restricted
("T4-R")
T5-O", Urban
Center Transect
Zone - Open
("T5-O")
175 NE 55 ST
19,990
Medium Density
Multi -Family
Residential
Restricted
Commercial
T4-R
T5-O
Table 1: Rezoning Application consisting of the property addresses, area of each property, and their respective
Existing and Proposed Miami 21 Code's Transect Zones
PZ-23-16878: 184 NE 56 ST— Page 2 of 15
3/19/2024
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C. PROJECT DATA
Surrounding Neighborhood
The Property's surrounding neighbors to the north, south, and west are comprised of
established Residential neighborhoods consisting of Multi -Family Housing, whereas their
neighbors to the east are Commercial and Industrial businesses that are fronting the NE 2
Avenue. Listed below is the summarization of the Property's surrounding Neighborhood based
on their Miami 21 Code's Transect Zone(s), MCNP FLU Designation(s), and Existing Use(s),
refer to Table 2.
Miami 21 Code - Transect
Zone
MCNP - FLU / Density
Existing Use
North
T4-R; T5-O
Medium Density Multi-
Family,65 du/acre;
Residential Commercial,
150 du/acre
Commercial, General
Commercial; Residential,
Multi -Family Residential
South
T4-R
Medium Density Multi-
Family,65 du/acre
Residential, Multi -Family
Residential
East
T5-O
Residential Commercial,
150 du/acre
Commercial, General
Commercial
West
T4-R
Medium Density Multi-
Family,65 du/acre
Residential, Multi -Family
Residential
Table 2: Surrounding Neighborhood
RELATED APPROVALS
Date
Action
Pending
PZ-23-16879: 184 NE 56 ST-Comprehensive Plan Application (companion item for
this rezone application)
D. BACKGROUND
Site information and location
Based the provided survey, the Property is approximately 19,900 square feet or 0.459 acre. The
Property, it is bounded by the following Throughfares: to the north: Northeast 56 Street, to the
west: Northeast 2 Avenue, to the south: Northeast 55 Street, and to the west: Northeast 1 Court,
refer Figure 2.
PZ-23-16878: 184 NE 56 ST— Page 3 of 15
3/19/2024
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PZ-23-16878
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Figure 2: Aerial view of the Property = red outline
Neighborhood Context -Socioeconomic demographics
The Property is located within the United States Census Bureau's 2020 Census Tract's
1286002004 (the "Census Tract"). The purpose in presenting socioeconomic data, such as
household size and renter -occupied housing, is to provide the Miami City Commissioners with a
side -by -side comparison of the Property's Census Tract in comparison to the City of Miami
based on the 2020 Census, refer to Table 3. Please note that this is a "snapshot window" of two
(2) static populations based on the U.S. 2020 Census's geographic areas: Census Tract and
City's municipal boundary.
PZ-23-16878: 184 NE 56 ST— Page 4 of 15
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Topic — United States 2020 Census
Census Tract 1286002004
City of Miami
Population
3,428
443,665
Households
1,073
186,137
Average Household Size
3.19
2.33
People in Poverty
36.41%
19.99%
Owner -Occupied Housing
17.15%
30.12%
Renter -Occupied Housing
82.85%
69.88%
Vacant Housing
9.91%
13.35%
Median Family Income
$32,067
$59,015
Median Gross Rent
$1,153
$1,494
Table 3: Side -by -side comparison sociodemographic variables between Census Tract includes the Property that is
part of this rezoning application) and the City of Miami municipal boundary. Source: U.S. Census Bureau
E. ANALYSIS
Miami Comprehensive Neighborhood Plan (MCNP)
The Property is located within the MCNP's two (2) FLU designations: Medium Density
Multifamily Residential and Restricted Commercial, refer to Figure 3.
Per the Correspondence Table — Zoning and Comprehensive Plan of the FLUM, the requested
change of zoning from "T4-R" Urban General Transect Zone — Restricted to "T5-O" Urban Center
Transect Zone - Open is inconsistent with the Property's existing Future Land Use (FLU); as such,
a companion FLUM amendment from "Medium Density Multifamily Residential" to "Restricted
Commercial"" is being processed concurrently under ePlan File ID No. PZ-23-16879.
PZ-23-16878: 184 NE 56 ST— Page 5 of 15
3/19/2024
Major Inst
Facilities,
Transp And
NE 57TH ST
Dup ex - Resident a --
NE 56TH ST
U
Medium Density -
Multifamily—
z
■
0
NE 55TH TER
NE 55TH ST
NE-541H
Rests cted
Commerc al
I ow Donsity
Restricted Commercial
Figure 3 Future Land Use Map
NE 58TH ST
Medium Density
Restric ed L
—Co mrcial
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PZ-23-1 6878
03/25/24
PZ-23-16878: 184 NE 56 ST— Page 6 of 15
3/19/2024
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Miami 21 Code
The Property is located within the Miami 21 Code's two (2) Transect Zones: T4-R and T5-O,
refer to Figure 4.
CI
,
T3-O
T4-R
NE 55TH ST
T4-O
T5-O
• • • Little
Haiti Fr
NE 54TH ST
57TH ST
TER
T5-LL
NE 5TH ST
Figure 4. Moam • 21 Transect Zone
Based on Article 4, Table 1, (Transect Zone Description) of Miami 21 Code, they are described
as follows:
T4, Transect Zone Description
It consists of a Mixed -Use but primarily residential urban fabric with a range of Building types
including rowhouses, small apartment Buildings, and bungalow courts. Setbacks are short with
an urban Streetscape of wide Sidewalks and trees in planters. Thoroughfares typically define
medium sized blocks.
T5, Trans Zone Description
It consists of higher Density Mixed -Use Building types that accommodate retail and office Uses,
rowhouses and apartments. A network of small blocks has Thoroughfares with wide Sidewalks,
PZ-23-16878: 184 NE 56 ST— Page 7 of 15
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steady street tree planting and Buildings set close to the Frontages with frequent doors and
windows.
Building Function: Uses
Based on Article 4, Table 3 of the Miami 21 Code, Planning Staff has provided a side -by -side
comparison of the Uses, as allowed By Right or Special Permit (W = Warrant; E = Exception),
for the existing zoning "T4-R" General Urban Transect Zone — Restricted versus the proposed
zoning "T5-O" Urban Center Transect Zone - Open, refer to Table 4.
T4-R (Existing)
T5-O (Proposed)
RESIDENTIAL
ANCILLARY UNIT
R
DORMITORY
R
LIVE - WORK
R
LODGING
BED & BREAKFAST
W
R
INN
R
HOTEL
R
OFFICE
OFFICE
R
COMMERCIAL
AUTO -RELATED COMMERCIAL ESTAB.
W
ENTERTAINMENT ESTABLISHMENT
R
FOOD SERVICE ESTABLISHMENT
R
ALCOHOL BEVERAGE SERVICE ESTAB.
E
GENERAL COMMERCIAL
R
MARINE RELATED COMMERCIAL ESTAB.
W
OPEN AIR RETAIL
W
PLACE OF ASSEMBLY
R
RECREATIONAL ESTABLISHMENT
R
AMUSEMENT RIDE
CIVIC
COMMUNITY FACILITY
W
RECREATIONAL FACILITY
E
R
RELIGIOUS FACILITY
E
R
REGIONAL ACTIVITY COMPLEX
CIVIC SUPPORT
PZ-23-16878: 184 NE 56 ST— Page 8 of 15
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T4-R (Existing)
T5-O (Proposed)
COMMUNITY SUPPORT FACILITY
W
MAJOR FACILITY
MARINA
E
W
PUBLIC PARKING
W
RESCUE MISSION
TRANSIT FACILITIES
W
EDUCATIONAL
CHILDCARE
E
W
COLLEGE / UNIVERSITY
W
ELEMENTARY SCHOOL
E
W
LEARNING CENTER
R
MIDDLE / HIGH SCHOOL
E
W
PRE-SCHOOL
E
R
RESEARCH FACILITY
R
SPECIAL TRAINING / VOCATIONAL
W
Table 4: Building Function Uses: T4-R vs. T5-O
Based on Table 4, Planning Staff identified the differing Uses as allowed by right or by permit
(Warrant or Exception) for each Transect Zone:
Residential Uses
• "T4-R" General Urban Transect Zone — Restricted, existing: six (6) of the nine (9)
Residential Uses are allowed by right; five (5) of the nine (9) Residential Uses are
allowed in both Transect Zones.
• "T5-O" Urban Center Transect Zone, proposed: seven (7) of the nine (9) Residential
Uses are allowed By Right.
Commercial Uses
• "T4-R" General Urban Transect Zone - Restricted, existing: All Commercial Uses are
prohibited.
• "T5-O" Urban Center Transect Zone, proposed: Nine (9) of the eleven (11) Commercial
Uses are allowed by permit (Warrant or Exception).
The pattern of allowed Civic and Civic Support Uses are similar with the "T5-O" Urban Center
Transect Zone - Open allowing for more of these Uses. Finally, Industrial Uses are prohibited in
both Transect Zones.
PZ-23-16878: 184 NE 56 ST— Page 9 of 15
3/19/2024
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Consistency with the Miami 21 Code
Planning Staff reviewed this rezoning application to specific general provisions under Article 2 of
the Miami 21 Code to determine its consistency with them.
Criteria
Article 2, Section 2.1.2.a.1 of the Miami 21 Code: "Preserving Neighborhoods...".
Analysis:
Based on the Applicant's document — PZD-1, Letter of Intent ("LOI"), they intend to rezone a
portion of one property (184 Northeast 56 Street) and property address 175 Northeast 55 Street
from "T4-R" General Urban Transect Zone - Restricted to "T5-O" Urban Center Transect Zone -
Open, which has a higher residential density and intensity of Uses. Furthermore, under the
previous 11000 Zoning Code, the Property was zoned "R-3 Multifamily Medium -Density
Residential." This residential category allows single-family, duplex, and multifamily structures up
to and including low-rise apartment structures with a maximum density of sixty-five (65) units
per net acre. Allowed within this district, and subject to specific limitations, are supporting
services such as places of worship, primary and secondary schools, daycare, community based
residential facilities and convenience establishments.
As part of the conversion to the current Miami 21 Zoning Atlas, this Property was downzoned in
terms of the allowed Residential Density from sixty-five dwelling (65) units per acre to thirty-six
(36) dwelling units per acre. However, the City's primary intent for both the former and current
zoning codes was to promote an array of Residential Uses and promote the preservation of the
Neighborhood's Residential Character. The proposed request would disrupt the longstanding
pattern of Residential Uses with the "potential" encroachment of Commercial Uses, which can
be approved by either by Right or through the entitlement process, refer to Table 4.
Finding:
Is not consistent with this criterion.
Article 2, Section 2.1.2.b.2 of the Miami 21 Code: "Rebuilding the City's commercial
Corridors to function as Mixed -Use, transit -oriented, walkable centers for adjacent
Residential Neighborhoods".
Analysis:
The City's Throughfare — NE 2 Avenue — is a major north -south Commercial Corridor that
serves many of the City's communities through commercial activities and businesses.
Based on the Applicant's LOI, three (3) of its properties that comprise the 5500 Assemblage
have a Principal Frontage along Northeast 2 Avenue. The importance of this physical
relationship is the existing Commercial businesses are being served by high pedestrian activity,
traffic volume, and the number of traffic lanes. However, the other two (2) properties of the 5500
Assemblage, which are part of this rezoning application, are landlocked and do not have any
PZ-23-16878: 184 NE 56 ST— Page 10 of 15
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direct access to NE 2 Avenue. Therefore, the Applicant's request to rezone the Property to "T5-
0" Urban Center Transect Zone - Open does not serve the overall purpose of this criterion in
terms of focusing Commercial activities along these important Commercial Corridors, while
serving the adjacent Residential Neighborhoods.
Finding:
Is not consistent with this criterion.
Article 2, Section 2.1.3.1.d of the Miami 21 Code: "Transportation Corridors should be
planned and reserved in coordination with land Use."
Analysis:
The City of Miami has designated Northeast 2 Avenue as a Transit Corridor. Furthermore, this
Property is located within the City's Transit Corridor Quarter -Mile Radius Overlay. The
Applicant's proposed rezone aligns with the City's coordinated land use efforts in promoting
multimodal transportation and high -density residential development.
Finding:
Is consistent with this criterion.
FINDING
The recommendations of the Planning, Zoning and Appeals Board shall show that the board
has considered and studied the application in regard to the following criteria:
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Criteria 1
7.1.2.8.f.1.a "The relationship of the proposed amendment to the goals, objectives
and policies of the Comprehensive Plan, with appropriate consideration as to
whether the proposed change will further the goals, objectives and policies of the
Comprehensive Plan; the Miami 21 Code; and other city regulations."
Analysis 1
Policy LU-1.1.3: The City's zoning ordinance provides for protection of all areas of
the city from: (1) the encroachment of incompatible land uses; (2) the adverse
impacts of future land uses in adjacent areas that disrupt or degrade public health
and safety, or natural or man-made amenities; (3) transportation policies that
divide or fragment established neighborhoods; and (4) degradation of public open
space, environment, and ecology. Strategies to further protect existing
neighborhoods through the development of appropriate transition standards and
buffering requirements will be incorporated into the City's land development
regulations.
Based on the Applicant's LOI, the request is to rezone a portion of one (1) property
(184 Northeast 56 Street) and property address 175 Northeast 55 Street from "T4-
R" General Urban Transect Zone - Restricted to `T5-O" Urban Transect Zone -
Open, which has a higher residential density and intensity of Uses. Based on the
facts and findings of this Staff Analysis report, there is no supportive evidence that
these two (2) properties ever functioned as a Mixed -Use Neighborhood that
included both Residential and Commercial Uses. Rather, under the current Miami
21 Code and the previous 11000 Zoning Code, these two (2) properties were
always categorized as Residential, allowing for Single -Family, Duplex and
Multifamily Structures.
Furthermore, if this rezoning application were to be approved, it could "potentially"
lead to an encroachment of incompatible Uses,
Finding 1
In accordance with Article 7, Section 7.1.2.8 (f)(1)(a) of Miami 21 Code, the
requested change is inconsistent.
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Criteria 2
7.1.2.8.f.1.b. "The need and justification for the proposed change, including
changed or changing conditions that make the passage of the proposed change
necessary."
Analysis 2
Pursuant to Article 7, Section 7.1.2.8.c.2(g) of the Miami 21 Code,
An analysis of the properties within a one-half mile radius of the Property
regarding the existing condition of the radius properties and the current zoning
and Future Land Use designations of the radius properties.
As part of this rezoning application, Planning Staff performed a geospatial
analysis on the properties with a one-half mile radius (the "0.5-mile Study Area")
of the Property to identify the current and changed zoning designations.
Since the adoption of the Miami 21 Code which was enacted by Ordinance 13114
on October 22, 2009, there have been 10 separate enactment number/zoning
changes, refer to Table 5.
Enactment
Enactment Number
The Miami 21 Code was enacted by Ordinance "13114."
on October 22, 2009
60
13234
1
13353
1
13443
1
13524
1
13651
1
13708
1
13721
1
13849
1
14019
1
14233
1
70
Table 5: 1/2-mile Study Area, 10 separate Enactment Number changes to Ordinance 13114
Finding 2
In accordance with Article 7, Section 7.1.2.8 (f)(1)(b) of Miami 21 Code, the
requested change in zoning is consistent.
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PZ-23-16878
03/25/24
Criteria 3
Section 7.1.2.8.f.2. "A change may be made only to the next intensity Transect
Zone or by a Special Area Plan, and in a manner which maintains the goals of
this Miami 21 Code to preserve Neighborhoods and to provide transitions in
intensity and Building Height."
Analysis 3
Section 7.1.2.8 (a) establishes that changes shall occur in succession, in which
the zoning change may be made only to a lesser Transect Zone; within the
same Transect Zone to a greater or lesser intensity; or to the next higher
Transect Zone, or through a Special Area Plan.
Pursuant to Article 7, Section 7.1.2.8c.1, the rezoning of property involves an
extension of an existing "T5" Urban Center Transect boundary and is
consistent with the successional zoning change requirements stated in the
table in Section 7.1.2.8 (a)(3). The proposed zoning change from "T4-R"
General Urban Transect - Restricted to "T5-O" Urban Center Transect Zone
are successional changes to a higher transect zone.
Finding 3
Pursuant to Article 7, Section 7.1.2.8.(f)(2) of Miami 21 Code, the requested
change from T4 to T5.
G. CONCLUSION
The Applicant's requested rezoning from "T4-R" General Urban Transect - Restricted to "T5-O"
Urban Center Transect Zone was reviewed based on a "balanced approach" of the subject
Property being within a City of Miami's designated Transit Corridor Quarter -Mile Radius
Overlay, 10 adopted rezones since the adoption of the Miami 21 Code indicating changing
conditions for this area, and its compliance with Successional Zoning. With all the above -
mentioned supportive factors taken into consideration, the Applicant's is requesting to increase
the residential density and intensity of mixed -Uses, however both the current Miami 21 Code
and the previous 11000 Zoning Code have zoned these two (2) properties as a Residential Use,
allowing for a full array housing types, such as Single -Family, Two Family -Housing, and Multi -
Family Structures. Finally, the most crucial factor of this zoning application is the "potential"
encroachment of incompatible Uses, an uptick in traffic volume, and other unforeseen negative
externalities into this established Residential Neighborhood. After careful consideration of the
facts and findings, Planning Staff's recommendation of "Denial."
PZ-23-16878: 184 NE 56 ST— Page 14 of 15
3/19/2024
DocuSigned by:
Ptwa Scow
`— 77 D014848CA84B6...
David Snow, Planning Director (Interim)
,-DocuSigned by:
�3A75CAC5AF7E446...
Sevanne Steiner, Assistant Planning Director, CNU
,-DocuSigned by:
'-7AEAC3EABD2A40A...
Darren Murphy, Planner II, Planning Department
,gyp PU8L .
Q.
n �7
�f NOTICE
This submittal needs b be scheduled for a puboc hearing
in accordance with timelines set forth in the. City of
Miami Code.The applica de decision -making bcdy will
renew the information at the pubc hearing to render a
recommendation or a final decision.
J, PZ-23-16878 41,
03/25/24 if%
11:41144.4)4'bl EW CO''14Qv
PZ-23-16878: 184 NE 56 ST— Page 15 of 15
3/19/2024
AERIAL
EPLAN ID: PZ-23-16878
REZONE
ADDRESSES: 175 NE 55 ST & 184 NE 56 ST
0
135
270
540 Feet
This submittal needs to be scheduled for a public hearing
in accordance with timelines set forth in the City of
Miami Code. The applicade decision-rna king body will
renew the information at the public hearing to render a
recommended on or a final dec K on.
PZ-23-16878
03/25/24
imumpoi.
J
RE :U4ST
r; Q4 fTY
r
ctrirEA TIER
MIAMI 21 ATLAS (EXISTING)
EPLAN ID: PZ-23-16878
REZONE
ADDRESSES: 175 NE 55 ST & 184 NE 56 ST
0
140
280
560 Feet
This submittal needs to be schebu led for a public hearing
In accordance wilt timelines set forth in the City of
Miami Code. The appllcade decIslon-making body mil
review the Information at the public hearing to render a
recommendation or a final beciv on.
PZ-23-16878
03/25/24
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MIAMI 21 ATLAS (PROPOSED)
EPLAN ID: PZ-23-16878
REZONE
ADDRESSES: 175 NE 55 ST & 184 NE 56 ST
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560 Feet
This submittal needs to be schebu led for a public hearing
In accordance wilt timelines set forth in the City of
Miami Code. The appllcade decIslon-making body mil
review the Information at the public hearing to render
recommendation or a final beciv on.
PZ-23-16878
03/25/24
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T3-O
F-
w
z
T4-R
NE 1ST CT
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T5-O
Little
NE 55TH ST
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NE 2ND AV
NE 54TH ST
•
NE 57TH ST
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NE 55TH ST