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Miami, FL 33133
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File Number: 1033 Final Action Date: 2/22/2018
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-L," SUB -URBAN
TRANSECT ZONE -LIMITED, AND "T4-L," GENERAL URBAN TRANSECT
ZONE -LIMITED, TO "CI," CIVIC INSTITUTION, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 29 NORTHWEST 42ND STREET, 30
NORTHWEST 44TH STREET, AND 4202-4308 NORTH MIAMI AVENUE,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
September 7, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-
045 by a vote of seven to three (7-3), item PZAB.5, recommending denial of the proposed
zoning change as set forth herein; and
WHEREAS, the proposed zoning change is out of scale with the needs of the
neighborhood of the City of Miami ("City"); and
WHEREAS, the proposed zoning change will not maintain the same or similar population
density pattern and thereby does increase or overtax the load on public facilities such as
schools, utilities, streets, etc.; and
WHEREAS, the proposed zoning change will create district boundaries that are
illogically drawn in relation to existing conditions on the property proposed for change and there
are no changing conditions making the passage of the proposed change necessary; and
WHEREAS, the proposed zoning change will not contribute to the improvement of
development of properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed zoning change will not convey the same treatment to the
individual owner as to the owners within the same classification and the immediate area and
furthers the protection of the public welfare; and
WHEREAS, the City Commission has considered the application in support of this
zoning change, the evidence and arguments in the record relative to the proposed zoning
change, and being otherwise fully advised in the premises finds that there is competent
substantial evidence in the record supporting the need for the proposed zoning change and/or
conditions in the record that make the proposed change necessary; 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
approve this proposed zoning change as hereinafter set forth;
City of Miami Page 1 of 2 File ID: 1033 (Revision: B) Printed On: 2/4/2025
File ID: 1033 Enactment Number:
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-L," Sub -Urban Transect Zone -Limited, and "T4-
L," General Urban Transect Zone -Limited, to "Cl," Civic Institution, for the properties located at
approximately 29 Northwest 42nd Street, 30 Northwest 44th Street, and 4202-4308 North Miami
Avenue, Miami, Florida, 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.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of Ordinance No. 13114, the Zoning Ordinance 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(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey , 10/18/2016
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 Page 2 of 2 File ID: 1033 (Revision: B) Printed on: 2/4/2025