HomeMy WebLinkAboutO-13691City of Miami
Ordinance 13691
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2038 Final Action Date: 6/22/2017
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 OF THE PROPERTIES
LOCATED AT APPROXIMATELY 565 NORTHEAST 71 STREET AND THE
WESTERN PORTION OF 7000 AND 7120 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, FROM "T4-L," GENERAL URBAN TRANSECT ZONE —LIMITED, TO
"T4-O," GENERAL URBAN TRANSECT ZONE —OPEN, AND DENYING THE
REZONING REQUEST FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 7010, 7020, 7030, AND 7100 BISCAYNE BOULEVARD AND
THE EASTERN PORTION OF 7000 AND 7120 BISCAYNE BOULEVARD,
MIAMI, FLORIDA, FROM "T5-O," URBAN CENTER TRANSECT ZONE -OPEN,
TO "T6-8-O," URBAN CORE TRANSECT ZONE —OPEN; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, all seven (7) parcels on the rezoning request are located in the Miami
Modern ("MiMo") Historic District; and
WHEREAS, the Historic Environmental and Preservation Office has determined that
"there are some restrictions listed in Chapter 23 of the City Code for this specific historic district
and therefore a zoning change would not affect the potential use"; and
WHEREAS, the subject real property currently designated "T4-L," General Urban Zone -
Limited, was rezoned from "T3-L," Sub -urban Zone -Limited, pursuant to Ordinance Nos. 13459
and 13482, to legalize the existing surface parking lot, and for that purpose, the applicant
voluntarily proffered a Declaration of Restrictive Covenant dedicating these properties for that
use; and
WHEREAS, this application proposes to update the above -mentioned Declaration of
Restrictive Covenant to keep the properties proposed to be rezoned to "T4-O," General Urban
Transect Zone —Open, serving as a surface parking lot; and
WHEREAS, the Declaration of Restrictive Covenant includes a provision pursuant to
which it may only be amended, modified, or released by not less than 4/5ths vote of the City
Commissioners at a duly noticed public hearing, the cost of which shall be paid by the Owners;
and
WHEREAS, the zoning designation of the surrounding properties within a five hundred
foot (500') radius shows that there is no "T4-O," General Urban Transect Zone —Open, or "T6-8-
0," Urban Core Transect Zone -Open, as proposed for the properties on this rezoning requests
and, therefore, the Planning and Zoning Department recommended denial for the requested
rezoning; and
City of Miami Page 1 of 3 File ID: 2038 (Revision: A) Printed On: 3/21/2025
File ID: 2038 Enactment Number: 13691
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") at its meeting on
March 15, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-
022 by a vote of seven to one (7-1), Item No. PZAB.3, recommending approval for the rezoning
requested from "T4-L," General Urban Zone -Limited, to "T4-O," General Urban Transect Zone —
Open, and recommending denial for the rezoning requested from "T5-O," Urban Center
Transect Zone -Open, to "T6-8-O," Urban Core Transect Zone —Open, for the real
properties described on the request; 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 ("City") and its
inhabitants to grant the change of zoning classification of the properties located at
approximately 565 Northeast 71 Street and the western portion of 7000 and 7120 Biscayne
Boulevard, Miami, Florida, from "T4-L," General Urban Transect Zone —Limited, to "T4-O,"
General Urban Transect Zone —Open; 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 and its inhabitants to deny
the rezoning requested for the properties located at approximately 7010, 7020, 7030, and
7100 Biscayne Boulevard and the eastern portion of 7000 and 7120 Biscayne Boulevard,
Miami, Florida, from "T5-O," Urban Center Transect Zone -Open, to "T6-8-O," Urban Core
Transect Zone —Open; and
WHEREAS, the City Commission deems it advisable and in the best interest of the
general welfare of the City and its inhabitants to accept the Declaration of Restrictive
Covenants, as amended, voluntarily proffered by the Applicant;
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 of the properties located at approximately 565 Northeast
71 Street and the western portion of 7000 and 7120 Biscayne Boulevard, Miami, Florida, from
"T4-L," General Urban Transect Zone —Limited, to "T4-O," General Urban Transect Zone —Open.
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.
Section 4. 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 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Section 163.3187(3)(c), Florida Statutes'.
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
City of Miami Page 2 of 3 File ID: 2038 (Revision: A) Printed on: 3/21/2025
File ID: 2038 Enactment Number: 13691
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City tton
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: 2038 (Revision: A) Printed on: 3/21/2025