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Ordinance: 13297
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00166zc1 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, "T4-R"
GENERAL URBAN, "T5-O" URBAN CENTER, AND "CS" CIVIC SPACE TRANSECT
ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2"
(NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY
RESIDENTIAL AND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND
SPECIAL OVERLAY DISTRICT, "SD-12" SPECIAL BUFFER OVERLAY DISTRICT,
AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT
IN ZONING ORDINANCE NO. 11000), TO "T6-8-0" URBAN CORE TRANSECT
ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2"
(NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN
"EXHIBIT B", ("C-1" RESTRICTED COMMERCIAL 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 3400, 3428, 3440, 3432, 3456, AND 3396 GRAND AVENUE;
3241, 3401, 3435, 3441 AND 3445 HIBISCUS STREET; 3441, 3439, 3407, AND
3454 THOMAS AVENUE; AND 3420 ELIZABETH STREET, 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Code"), became effective and Zoning Ordinance No. 11000 was repealed; and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 Miami Planning, Zoning and Appeals Board, at its meeting on November 2, 2011,
following an advertised public hearing, adopted Resolution No. PZAB-R-11-050 by a vote of seven to
zero (7-0), item no. 2, recommending APPROVAL with conditions of the Zoning Change as follows:
1) As displayed in the "Planning Department Recommendations Miami 21 Zoning" Map and 2) The
City of Miami
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File Number: 08-00166zc1 Enactment Number: 13297
Planning and Zoning Department is recommending that the Miami 21 designation be "T5-O" in order
to be consistent with the "NCD-2" Village West Island District and Charles Avenue Neighborhood
Conservation District"; 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 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, is further amended by changing the zoning
classification from "T3-R" Sub -Urban, "T4-R" General Urban, "T5-O" Urban Center, AND "CS" Civic
Space Transect Zones with a "Village West Island and Charles Avenue NCD2" (Neighborhood
Conservation District) Overlay to "T6-8-O" Urban Core 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 3400, 3428, 3440, 3432, 3456,
3396 and Grand Avenue; 3241, 3401, 3435, 3441 and 3445 Hibiscus Street; 3441, 3439, 3407, and
3454 Thomas Avenue; and 3420 Elizabeth Street (Paradise Island Block - Front), 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 "C-1"
Restricted Commercial 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 Zoning Atlas of the Miami 21 Code,
as depicted in "Exhibit B".
Section 4. No development may exceed the uses, 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}
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File Number: 08-00166zc1 Enactment Number: 13297
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.
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