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Ordinance: 13998
File Number: 6761
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/13/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED
("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM
"73-0," SUB -URBAN TRANSECT ZONE -OPEN, TO "74-R," GENERAL URBAN
TRANSECT ZONE -RESTRICTED, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, AND BY CHANGING THE ZONING CLASSIFICATION
FROM "73-0," SUB -URBAN TRANSECT ZONE -OPEN, TO "74-0," GENERAL
URBAN TRANSECT ZONE -OPEN, OF THE PROPERTIES LOCATED AT
APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "B," ATTACHED AND INCORPORATED; GRANTING THE WAIVER
OF TIME LIMITS PURSUANT TO SECTION 7.1.2.8.G.7 OF THE MIAMI 21
CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 3040 Carter Street and 3069, 3091,
and 3095 Plaza Street as well as a portion of the property located at approximately 3065 Plaza
Street, Miami, Florida, all as more particularly described in Exhibits "A" and "B", attached and
incorporated (collectively, "Property"), are currently zoned 73-0," Sub -Urban Transect Zone -
Open, on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"), and
WHEREAS, the property located at approximately 3065 Plaza Street, Miami, Florida is
partially zoned 73-0," Sub -Urban Transect Zone -Open, as indicated above, and partially zoned
75-0," Urban Center Transect Zone -Open; and
WHEREAS, One Roble, LLC, 3510, LLC (formerly known as 3010 Carter, LLC) and
Cornelius Shiver (collectively, "Applicant") submitted a request to change the zoning
classification of the property located at approximately 3069, 3091, and 3095 Plaza Street,
Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated
(collectively, "Property 1"), from 73-0," Sub -Urban Transect Zone -Open, to 74-R," General
Urban Transect Zone -Restricted; and
WHEREAS, the Applicant also requested to change the zoning classification of the
property located at approximately 3040 Carter Street, Miami, Florida and the portion of 3065
Plaza Street, Miami, Florida that is designated 73-0," Sub -Urban Transect Zone -Open, all as
more particularly described in Exhibit "B," attached and incorporated (collectively, "Property 2"),
from 73-0," Sub -Urban Transect Zone -Open, to 74-0," General Urban Transect Zone -Open;
and
City of Miami Page 1 of 3 File ID: 6761 (Revision: A) Printed On: 512612021
File ID: 6761 Enactment Number: 13998
WHEREAS, the Applicant submitted a concurrent request (File ID No. PZ-19-3868) to
amend the Miami Comprehensive Neighborhood Plan ("MCNP") to change the Future Land Use
Map ("FLUM") designation of the Property from Duplex Residential ("DR") to Medium Density
Multifamily Residential ("MDMR"); and
WHEREAS, the Applicant is also requesting from the City Commission a waiver of time
limits pursuant to Section 7.1.2.8.g.7 of the Miami 21 Code that would allow further rezoning
consideration within the eighteen (18) months if such action is deemed necessary to prevent
injustice or to facilitate development of the City in the context of the MCNP or any portion
thereof; and
WHEREAS, the proposed 74-R," General Urban Transect Zone -Restricted, and 74-0,"
General Urban Transect Zone -Open, zoning designations would result in additional height,
density, and building mass that are compatible with the existing commercial uses to the north
and west of the Property; and
WHEREAS, the Property is located within the Transit Oriented Development ("TOD")
walkshed and the rezoning request furthers the Miami 21 Code's goals of Mixed -Use, transit -
oriented neighborhoods along commercial corridors; 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 City of Miami's ("City") Planning Department recommends approval of
the proposed rezoning of the Property as described herein; and
WHEREAS, the City's Planning Department recommends denial of the requested waiver
of time limits that would enable further rezoning consideration within the compulsory eighteen
(18) month waiting period as such action is not deemed necessary to prevent injustice or to
facilitate development of the City in the context of the adopted MCNP; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
November 6, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-
048 by a vote of seven to two (7-2), Item No. PZAB.3, 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 all other City regulations; and
WHEREAS, 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 proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height;
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 Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 2 of 3 File ID: 6761 (Revision: A) Printed on: 5/26/2021
File ID: 6761 Enactment Number: 13998
Section 2. The City Commission hereby amends the Zoning Atlas of the Miami 21 Code
by changing the zoning classification from "73-0," Sub -Urban Transect Zone -Open, to "74-R,"
General Urban Transect Zone -Restricted, for Property 1, as more particularly described in
Exhibit "A", attached and incorporated, and by changing the zoning classification from "73-0,"
Sub -Urban Transect Zone -Open, to "74-0," General Urban Transect Zone -Open, for Property 2,
as more particularly described in Exhibit "B", attached and incorporated.
Section 3. The waiver of time limits pursuant to Section 7.1.2.8.g.7 of the Miami 21
Code that would enable further rezoning consideration within the required eighteen (18) month
waiting period for the Property is hereby granted.
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.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ndez, ity Httor ey 11/27/2019 Barnaby L. Min, Deputy City Attorney 4/20/2021
' 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 3 of 3 File ID: 6761 (Revision: A) Printed on: 512612021