PZ.3 - Rezone Ne 78 St T5-o

WHEREAS, the Property generally located at 500 Northeast 78 Street, 522 Northeast 78 Street, and 544 Northeast 78 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A,”(“Property“) is currently zoned “T4-R,” General Urban Transect Zone – Restricted, on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended (“Miami 21 Code”); and

WHEREAS, 500 Northeast LLC, a Florida Limited Liability Company (“Applicant”) owns the Property and submitted a request to the City of Miami (“City”)to change the zoning classification of the Property from “T4-R,” General Urban Transect Zone – Restricted, to “T5-O,” Urban Center Transect Zone – Open; and

WHEREAS, the Property is an assemblage of three (3) parcels totaling approximately 49,225.07 square feet (1.30 acres) of land; and

WHEREAS, the Future Land Use Map (“FLUM”) designation of the Property on the Miami Comprehensive Neighborhood Plan (“MCNP”) is “Medium Density Multifamily Residential”; and

WHEREAS, the request to rezone the Property from “T4-R,” General Urban Transect Zone – Restricted, to “T5-O,” Urban Center Transect Zone – Open, is inconsistent with the Property’s existing future land uses (“FLU”) of Medium Density Multifamily Residential; therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion Application PZ-24-18175; and

WHEREAS, the Property currently contains two 2-story buildings, several vacant lots, and Multi Family Residential Uses; and

WHEREAS, the Property is bounded by Northeast 78 Street Road to the north, Little River Canal and “T3-L,” Suburban Transect Zone – Limited, across the canal to the south, Northeast 5th Avenue to the west, and commercial properties designated as “T6-8-O,” Urban Core Transect Zone -Open to the east; and

WHEREAS, Property is located within the Federal Way Subdivision where there are a variety of zoning designations, Commercial Uses, and Housing types; and

WHEREAS, the Property was zoned “R-3” Multifamily Medium-Density Residential under the previous 11000 Zoning Code, which permitted sixty-five (65) dwelling units per acre; equal to that of the “T5,” identified in the Miami 21 Code; and

WHEREAS, on November 16, 2023, City Commission granted mitigation for the Property in settlement of the Code Compliance liens for violations related to failure to obtain a valid certificate of use and failure to obtain business tax receipts; and

WHEREAS, according to the Building Card, the property located at 500 Northeast 78th Street was developed in 1949 as an apartment building consisting of twenty-two (22) units and is two (2) stories in height; and

WHEREAS, according to the Building Card, the property located at 522 Northeast 78th Street was constructed in 1938 as an “Apartment House,” consisting of eight (8) apartment units and is two (2) stories in height; and

WHEREAS, the properties located to the south of the subject Property are developed with buildings ranging from one (1) to two (2) stories in height; and

WHEREAS, to the northeast, the “Immigration” building, located at the intersection of Northeast 79th Street and Biscayne Boulevard – a twelve-story structure — has been demolished; and

WHEREAS, other surrounding developments include a mix of vacant lots and one-story structures; and

WHEREAS, the “T3-L,” Sub-Urban Transect Zone – Limited,located across the Little River Canal, permits a maximum of nine (9) dwelling units per acre and is primarily characterized by low-density residential development; and

WHEREAS, “T6-8-O,” Urban Core Transect Zone – Open, is primarily located to the north, east, and along the southern portion of the Biscayne Boulevard corridor; and

WHEREAS, this Property is situated near major urban collectors and principal collectors, as identified in the City of Miami’s Major Thoroughfare Map; and

WHEREAS, the proposed rezoning seeks to enhance the area’s flexibility and diversity of uses, thereby promoting stronger integration with the surrounding urban fabric; and

WHEREAS, a nearby property located at 7700 Biscayne Boulevard received a Final Decision on August 9, 2023, under PZ-22-15608, approving a Declaration of Restrictive Covenant that would allow a transfer of development rights; and

WHEREAS, the 7700 Biscayne Boulevard property also received approval under PZ-22-14738 for a Special Certificate of Appropriateness regarding an Alcohol Service Establishment, with conditions and restrictions outlined in a Declaration of Restrictive Covenants; and

WHEREAS, the proposed “T5-O,” Urban Center Transect Zone – Open, classification would permit higher intensity and taller development than currently allowed; and

WHEREAS, the City’s Planning Department found that the application is consistent with Article 7, Section 7.1.2.8(f)(1)(a) of the Miami 21 Codeas it aligns with the guiding principles of the Miami 21 Code and furthers the intent and objectives of the Miami 21 Code, which emphasize that Neighborhoods and Urban Centers should be compact, pedestrian-oriented, and mixed-use; and

WHEREAS, the City’s Planning Department found that the proposed density and intensity of Use are appropriate given the level of transit service in the area, in accordance with Article 2, Section 2.1.3.2(b) of the Miami 21 Code; and

WHEREAS, the City’s Planning Department found that the request to rezone the Property is consistent with Objective LU-1.2.1 of the MCNP, which seeks to promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining, or threatened Residential, Commercial, and Industrial areas; and

WHEREAS, the Property is located within a Coastal High-Hazard Area (“CHHA”); and

WHEREAS, the City’s Planning Department found that the request to rezone the Property is consistent with Coastal Management Policy CM-6.2.2 of the MCNP, which encourages the use of best practices in new development and infrastructure projects located within areas identified as Coastal High-Hazard Zones, in order to proactively address the impacts of sea level rise; and

WHEARAS, accordingly, the City’s Planning Department found the request also satisfies the rezoning criteria outlined in Section 7.1.2.8(f)(1) of the Miami 21 Code; and

WHEREAS, the City’s Planning Department found that the request is also consistent with Article 7, Section 7.1.2.8(f)(1)(b) of the Miami 21 Code as there have been changes in conditions as reflected in the Miami 21 Code Zoning Atlas, including recent developments and proposed rezonings in areas adjacent to the Property, which support the need for the proposed rezoning and demonstrate consistency with Article 7, Section 7.1.2.8(f)(1)(b) of the Miami 21 Code; and

WHEREAS, the City’s Planning Department found that the rezoning complements the evolving Urban character of the surrounding area and supports broader planning goals related to Mixed-Use development and Transit-Oriented growth; and

WHEREAS, the City’s Planning Department found that the request is consistent with Article 7, Section 7.1.2.8(f)(2) of the Miami 21 Code as the request to change the zoning classification from “T4-R,” General Urban Transect Zone – Restricted, to “T5-O,” Urban Center Transect Zone – Open, aims to expand the range of allowable uses within the area, thereby supporting a more diverse and adaptable urban environment and reflects the principles of successional zoning promoting a logical progression in land use intensity; and

WHEREAS, the proposed rezoning introduces a higher intensity than the adjacent “T3-L,” Sub-Urban Transect Zone – Limited, located across the Little River Canal; and

WHEREAS, the City’s Planning Department found that the canal itself serves as a natural buffer that mitigates potential impacts; and

WHEREAS, the Planning Department recommended approval of the rezoning request to change the zoning designation of the Property from “T4-R,” General Urban Transect Zone – Restricted to “T5-O,” Urban Center Transect Zone – Open; and

WHEREAS, during the Planning, Zoning and Appeals Board (“PZAB”) hearing, the Applicant’s attorney voluntarily proffered that the owner would restrict the commercial uses in the back of the Property, including prohibiting outdoor restaurants on the south of the Property; and

WHEREAS, PZAB heard testimony regarding the impacts of the rezoning, including but not limited to impacts to the T3 properties across the canal, the impacts to the canal and wildlife, and impacts of the increased density and uses that would result from the rezoning; and

WHEREAS, the PZAB, at its meeting on December 17, 2025, following an advertised public hearing for Item PZAB.12, adopted Resolution No. PZAB-R-25-086, failing to recommend approval by a supermajority vote, as required per Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code, as there was a motion recommending approval, which failed by a vote of five to three (5-3); and

WHEREAS, the City Commission considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change necessary; and

WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations;and

WHEREAS, the City Commission also considered whether the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and

WHEREAS, based on the evidence in the record, after an opportunity to be heard was afforded, the City Commission approves the rezoning of the Property as described 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 Zoning Atlas of the Miami 21 Code, is hereby amended by changing the zoning classification from “T4-R,” General Urban Transect Zone – Restricted, to “T5-O,” Urban Center Transect Zone – Open, for the property generally located at  500 Northeast 78 Street, 522 Northeast 78 Street, 544 Northeast 78 Street, Miami, Florida, as described in "Exhibit A," attached and incorporated.

Section 3.This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to Section 163.3187(5)(c), Florida Statutes.