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Legislation
Ordinance
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Miami, FL 33133
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File Number: 08-00166zc5 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN
TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE
NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1"
SINGLE FAMILY RESIDENTIAL WITH AN "SD-28" VILLAGE WEST ISLAND
SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO.
11000) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST
ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION
DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND
SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO.
11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3558 FLORIDA AVENUE, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Applicants filed an application on May 19, 2010 to amend the Zoning Atlas of
Zoning Ordinance 11000; and
WHEREAS, on May 20, 2010, Zoning Ordinance No. 13114, the Miami 21 Code, became effective
and Zoning Ordinance 11000 was repealed; and
WHEREAS, Section 2.2.3 of Zoning Ordinance No. 13114, as amended states that the effective
date of the Miami 21 Code shall not affect nor prevent the processing of any action pending at the time
of the effective date of the Code; and
WHEREAS, the zoning designations of the site shall not conflict with the Future Land Use Map of the
Miami Comprehensive Neighborhood Plan; and
WHEREAS, the Applicant may not submit an Application for Zoning Change that includes more
than one zoning designation per parcel; and
WHEREAS, the residential density of development on the site shall not exceed 65 dwelling units
per acre; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, following an
advertised public hearing, adopted Resolution No. PZAB-R * by a vote of * to * (*-*), item no. *,
recommending * of the Zoning Change as set forth; and
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File Id: 08-00166zc5 (Version: 4) Printed On: 11/7/2011
File Number: 08-00166zc5
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 of Miami and its inhabitants to grant this change
of zoning classification as hereinafter set forth;
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 Ordinance No. 13114, as amended, is further amended by
changing the zoning classification from "T3-R" Sub -Urban Transect Zone with a "Village West Island
and Charles Avenue NCD2" (Neighborhood Conservation District) Overlay to "T5-O" Urban Center
Transect Zone with a "Village West Island and Charles Avenue NCD2" (Neighborhood Conservation
District) Overlay, as depicted in "Exhibit B", attached and incorporated, for the property located at
approximately 3558 Florida Avenue (Freeport Block), Miami, Florida, as described in "Exhibit A",
attached and incorporated.
Section 3. Any active applications for development orders applied for under Zoning Ordinance
11000 for the properties described in "Exhibit A", prior to the effective date of Zoning Ordinance No.
13114, shall be permitted to develop using the Zoning Ordinance 11000 zoning classification of "SD-2"
Coconut Grove Central Commercial District with an "SD-28" Village West Island Special Overlay
District and "NCD-3" Coconut Grove Neighborhood Conservation District, as described in "Exhibit C",
attached and incorporated, which are the designations most equivalent to the Miami 21 Atlas, as
depicted in "Exhibit B.
Section 4. No development may exceed the densities or intensities permitted in Ordinance No.
10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, as
described in "Exhibit D", attached and incorporated.
Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected .
Section 6. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word "ordinance" may be changed to
"section", "article", or other appropriate word to accomplish such intention.
Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
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File Number: 08-00166zc5
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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: 08-00166zc5 (Version: 4) Printed On: 11/7/2011