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File ID: 14287
Title: 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 "T3-O," SUB - URBAN TRANSECT
ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE —
LIMITED, OF THE PROPERTIES GENERALLY LOCATED AT 1300
NORTHWEST 38 STREET AND 1317 NORTHWEST 37 STREET, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately, 1300 Northwest 38 Street and 1317 Northwest 37 Street
APPLICANT(S): Bob de la Fuente, Esquire., on behalf of STW Real Estate LLC
PURPOSE: This will change the above properties at 1300 Northwest 38 Street and
1317 Northwest 37 Street from "T3-O" Sub -Urban Transect Zone- Open to "T4-L"
General Urban Transect Zone- Limited.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: On March 6, 2024, recommended
approval, by a vote of 9-1.
City of Miami File ID: 15535 (Revision:) Printed On: 6/3/2024
City of Miami
Legislation
Ordinance
Enactment Number:14287
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 15535 Final Action Date: 5/23/2024
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 "T3-O," SUB - URBAN TRANSECT
ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE —
LIMITED, OF THE PROPERTIES GENERALLY LOCATED AT 1300
NORTHWEST 38 STREET AND 1317 NORTHWEST 37 STREET, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the properties generally located at 1300 Northwest 38 Street and 1317
Northwest 37 Street (collectively, "Property") are zoned "T3-O," Sub- Urban Transect Zone -
Open; and
WHEREAS, Robert de la Fuente, Esquire, on behalf of STW Real Estate LLC
("Applicant") submitted a request to change the zoning classifications at 1300 Northwest 38
Street and 1317 Northwest 37 Street from "T3-O," Sub - Urban Transect Zone — Open, to "T4-
L," General Urban Transect Zone - Limited; and
WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately
25,500 square feet (± 0.585 acres) of land;
WHEREAS, the Future Land Use Map designation is Duplex Residential; and
WHEREAS, the request to change the zoning designations at 1300 Northwest 38 Street
and 1317 Northwest 37 Street from "T3-O" Sub - Urban Transect Zone- Open to "T4-L" General
Urban Transect Zone- Limited is inconsistent with the Property's existing future land uses
("FLU") of Duplex Residential, therefore, a concurrent Comprehensive Plan Amendment is
required and has been submitted as a companion application PZ-22-15999; and
WHEREAS, the property at 1300 Northwest 38 Street is currently a vacant lot with a
registered existing land use of Single Family Residential; and
WHEREAS, the property at 1317 Northwest 37 Street was developed circa 1974 and is
designated as Duplex Residential; and
WHEREAS, the Properties are bounded by Northwest 37 Street to the north, Northwest
36 Street to the south, Northwest 17 Avenue to the east, and residential properties to the west;
and
City of Miami File ID: 15535 (Revision:) Printed On: 6/3/2024
WHEREAS, the Properties were zoned R-2 under Ordinance No. 11000, the previous
Zoning Code, which permitted eighteen (18) dwelling units per acre; and
WHEREAS, the proposed "T4-L,"General Urban Transect Zone — Limited, zoning
classification would result in higher Intensity and Height; and
WHEREAS, the application is inconsistent with Article 7, Section 7.1.2.8.f1(a) of the
Miami 21 Code due to the inconsistencies with the Miami Comprehensive Neighborhood Plan's
("MCNP") Land Use elements as stated in companion item PZ-23-15999; and
WHEREAS, there have not been changing conditions to the Atlas of the Miami 21 Code
in the form of land uses and rezones at either property or any abutting properties and therefore
the proposal is inconsistent with Article 7, Section 7.1.2.8.f1(b) of the Miami 21 Code; and
WHEREAS, the proposed application is inconsistent with Article 7, Section 7.1.2.8.f.2 of
the Miami 21 Code in that a rezone from "T3-O," Sub - Urban Transect Zone — Open, to "T4-L,"
General Urban Transect Zone — Limited, would lead to both incompatible land uses, and an
incompatible residential development density; and
WHEREAS, the proposed zoning change can be deemed inappropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends denial of the rezoning application
from "T3-O," Sub - Urban Transect Zone- Open, to "T4-L," General Urban Transect Zone- Open;
and
WHEREAS, on March 6, 2024, at a duly notice public meeting, the Planning, Zoning and
Appeals Board ("PZAB") considered the application for changing the zoning classification, item
PZAB.5, and passed PZAB-R-24-017, recommending approval, by a vote of nine to one (9-1);
and
WHEREAS, the City Commission has considered the Applicant's justification as well as
the Planning Department recommendation; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 "T3-O," Sub - Urban Transect Zone — Open, to "T4-L," General Urban
Transect Zone- Limited, for the properties generally located at 1300 Northwest 38 Street and
1317 Northwest 37 Street, as described in "Exhibit A," attached and incorporated.
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.
City of Miami File ID: 15535 (Revision:) Printed On: 6/3/2024
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:
ge Wy j ng III, C y ttor -y 4/12/2024
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 File ID: 15535 (Revision:) Printed On: 6/3/2024