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Ordinance: 13302
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00166zc5 Final Action Date: 12/15/2011
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 PROPERTIES LOCATED AT APPROXIMATELY 3558
FLORIDAAVENUE, 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 No. 11000; and
WHEREAS, on May 20, 2010, Zoning Ordinance No. 13114, the Miami 21 Code ("Miami 21
Code"), became effective and Zoning Ordinance No. 11000 was repealed; and
WHEREAS, Section 2.2.3 of the Miami 21 Code, 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 Miami 21 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 November 2, 2011,
following an advertised public hearing, adopted Resolution No. PZAB-R-11-055 by a vote of seven to
zero (7-0), item no. 7, recommending APPROVAL with conditions of the Zoning Change as described
in "Exhibit 1"; and
City of Miami
Page 1 of 2 File Id: 08-001667c5 (Version: 6) Printed On: 10/24/2017
File Number: 08-00166zc5 Enactment Number: 13302
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 the Miami 21 Code, 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
No. 11000 for the properties described in "Exhibit A", prior to the effective date of the Miami 21 Code,
shall be permitted to develop using the Zoning Ordinance No. 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 Atlas of the Miami 21
Code, 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, 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}
Footnotes:
{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 2 of 2 File Id: 08-001667c5 (Version: 6) Printed On: 10/24/2017