PZ.2 - Rezone Ne 78 Street Properties

WHEREAS, the property generally located at 490 Northeast 78 Street Road, 496 Northeast 78 Street Road, and 498 Northeast 78 Street Road, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A,” (“Property”) is zoned “T6-8-O,” Urban Core Transect Zone – Open, and “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, Christopher Penelas, Esquire, on behalf of LGE 79, LLC (“Applicant”), applied to the City of Miami (“City”) to change the zoning classification from “T6-8-O,” Urban Core Transect Zone – Open, and “T4-R,” Urban Transect Zone – Restricted, to “T6-8-O,” Urban Core Transect Zone – Open, and “T5-O,” Urban Center Transect Zone – Open, for the property generally located at 490 Northeast 78 Street Road and from “T4-R,” General Urban Transect Zone – Restricted to “T5-O,” Urban Center Transect Zone – Open for the properties located at 496 Northeast 78 Street Road and 498 Northeast 78 Street Road; and

WHEREAS, the Property is an assemblage of three (3) parcels totaling approximately 56,951 square feet (1.31 acres) of land; and

WHEREAS, the request to rezone from “T4-R,” General Urban Transect Zone – Restricted, to “T5-O,” Urban Cener Transect Zone – Open, is inconsistent with that portion of  the Property’s existing future land use (“FLU”) designation of “Medium Density Multifamily Residential,” and therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-24-17561; and

WHEREAS, the Property is currently vacant and is bordered by the Little River Canal and Multi-Family Residential Uses; and

WHEREAS, the Property is bounded by Northeast 78 Street Road to the north, Little River Canal to the south, Northeast 5 Avenue to the east, and Little River Canal to the west; and

WHEREAS, the Property is located in a portion of the Upper Eastside neighborhood where there are a variety of zoning designations, commercial uses, and housing types; and

WHEREAS, the “T4” portion of the property was zoned “R-3” Multifamily Medium-Density Residential under Ordinance No. 11000,the previous Zoning Code, which had a maximum density of sixty-five (65) units per net acre, equal to that of the “T5” identified in the Miami 21 Code; and

WHEREAS, the rezoning would result in higher intensity and taller development; and

WHEREAS, the application is consistent with Article 7, Section 7.1.2.8(f)(1)(a) of the Miami 21 Code in that the rezone furthers the intent of the Miami 21 Code; and

WHEREAS, the application is also consistent with Article 7, Section 7.1.2.8(f)(1)(a) of the Miami 21 Code in that aligns with the Miami 21 Code guiding principle for “\[n\]eighborhoods and Urban centers should be compact, pedestrian-oriented and Mixed-Use. Density and Intensity of Use should relate to degree of transit service,” pursuant to Article 2, Section 2.1.3.2(b) of the Miami 21 Code; and

WHEREAS, the application is consistent with Article 7, Section 7.1.2.8(f)(1)(b) of the Miami 21 Code; and

WHEREAS, there are changing conditions to the Zoning Atlas of the Miami 21 Code in the form of several new developments having been proposed in the Property's surrounding area, which are adjacent to the Property, deeming the changes necessary and consistent with Article 7, Section 7.1.2.8(f)(1)(b) of the Miami 21 Code; and

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

WHEREAS, this request to rezone the Property is consistent with the MCNP Coastal Management Policy CM-6.2.2, which states that “\[n\]ew development and infrastructure in areas modeled to be within the Coastal High Hazard Area will use best practices to address sea level rise,” which makes the request consistent with the rezoning criteria of Article 7, Section 7.1.2.8(f)(1) of the Miami 21 Code; and

WHEREAS, the application is consistent with Article 7, Section 7.1.2.8(f)(2) of the Miami 21 Code in that it is consistent with successional zoning; and

WHEREAS, the rezoning is consistent with the established zoning pattern and the context of the immediate vicinity; and

WHEREAS, the rezoningis deemed appropriate in light of the intent of the Miami 21 Code; and

WHEREAS, the City’s Planning Department recommends approval of the rezoning application from “T6-8-O,” Urban Core Transect Zone – Open, and “T4-R,” General Urban Transect Zone – Restricted, to “T6-8-O,” Urban Core Transect Zone – Open, and “T5-O,” Urban Center Transect Zone – Open; and

WHEREAS, on October 30, 2024, at a duly noticed public meeting, the Planning, Zoning and Appeals Board (“PZAB”) considered the application for the rezoning, item PZAB.13, and passed PZAB-R-24-078, recommending approval, by a vote of eight to two (8-2); 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, consideration was given to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City regulations; 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 approve this amendment to the Miami 21 Code Zoning Atlas, as hereinafter set forth;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MIAMI, CITY COMMISSION.

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 Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, (“Miami 21 Code”) is amended by changing the zoning classification from “T6-8-O,” Urban Core Transect Zone – Open, and “T4-R,” Urban Transect Zone – Restricted, to “T6-8-O,” Urban Core Transect Zone – Open, and “T5-O,” Urban Center Transect Zone – Open, for the property generally located at 490 Northeast 78 Street Road and from “T4-R,” General Urban Transect Zone – Restricted, to “T5-O,” Urban Center Transect Zone – Open, for the properties generally located at 496 Northeast 78 Street Road and 498 Northeast 78 Street Road, Miami, Florida, as described in "Exhibit A," attached and incorporated.

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.