HomeMy WebLinkAboutO-13760City of Miami
Ordinance 13760
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3559 Final Action Date: 3/22/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING
THE ZONING CLASSIFICATION FROM "T5-L," URBAN CENTER TRANSECT-
LIMITED, TO "T6-8-O," URBAN CORE TRANSECT-OPEN, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3616 AND 3620 NORTHWEST
20 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on
December 6, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-
093 by a vote of eight to zero (8-0), Item No. PZAB.5, recommending approval of the zoning
change stated herein; and
WHEREAS, the property located at approximately 3616 Northwest 20 Avenue is split
zoned located in a "T6-8-O," Urban Core Transect-Open, on the south and "T5-L," Urban Center
Transect-Limited, on the north; and
WHEREAS, the property located at approximately 3620 Northwest 20 Avenue, Miami,
Florida, is located in a "T5-L," Urban Center Transect-Limited; and
WHEREAS, 20th Avenue Partners, LLC ("Applicant") has submitted a request for a
zoning change of the properties from the current assigned zoning classifications to "T6-8-O,"
Urban Core Transect-Open; and
WHEREAS, the Planning Department deemed inappropriate the proposed zoning
change at 3620 Northwest 20 Avenue, Miami, Florida from "T5-L," Urban Center Transect-
Limited, to "T6-8-O," Urban Core Transect-Open, in light of the intent of Ordinance No. 13114,
as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") and
particularly in relation to the effects on adjoining properties to the west and north; and
WHEREAS, the Planning Department believes it is appropriate and advisable to unify
the zoning classification of "T6-8-O," Urban Core Transect-Open, for the property located at
3616 Northwest 20 Avenue; and
WHEREAS, the Planning Department supports the extension of the "T6-8-O," Urban
Core Transect-Open, from the southern to the northern portion of the property located at 3616
Northwest 20 Avenue, Miami, Florida to unify the zoning classification to "T6-8-O," Urban Core
Transect-Open; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Plan, the Miami 21 Code, and all other City of Miami ("City")
regulations; and
City of Miami Page 1 of 3 File ID: 3559 (Revision:) Printed On: 3/31/2025
File ID: 3559 Enactment Number: 13760
WHEREAS, the City Commission has considered the Declaration of Restrictive
Covenants, attached, and incorporated as Exhibit "B," voluntarily proffered by the Applicant
limiting the development of the subject property as summarized below:
A. Permitted Use. The uses on the properties shall be limited to the Residential uses
identified in Article 4, Table 3 of the Miami 21 Code for the more restrictive "T6-8-R," Urban
Core Transect-Restricted.
B. Residential Density. Notwithstanding the zoning change of the property from "T5-
L," Urban Center Transect-Limited, to "T6-8-O," Urban Core Transect-Open, which designation
would otherwise permit the development of up to seventy-seven (77) Dwelling Units, the
Applicant will not develop more than forty-three (43) Dwelling Units on the properties.
C. Height and Massing. The maximum height permitted for the development of the
properties shall be five (5) Stories or a maximum height of seventy (70) feet above the base
flood elevation to the top of the primary roof of any building or structure located on the
properties excluding any ornamental features or architectural projections; and
WHEREAS, the City Commission has considered the need and justification for the
proposed zoning change including changing and changed conditions that make the passage of
the proposed zoning change necessary; and
WHEREAS, the City Commission deems that the proposed zoning change maintains the
goals of the Miami 21 Code to preserve neighborhoods and provides transitions in intensity and
building height;
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 "T5-L," Urban Center Transect-Limited, to "T6-8-O,"
Urban Core Transect—Open, of the properties located at approximately 3616 and 3620
Northwest 20 Avenue, Miami, Florida, as more particularly described in "Exhibit A," attached
and incorporated.
Section 3. The Applicant has voluntarily proffered a covenant, attached and
incorporated herein as Exhibit "B," which is accepted by the City Commission.
Section 4. The Applicant shall record the voluntarily proffered covenant in the public
records of Miami -Dade County, Florida within thirty (30) days of City Commission action and
promptly provide copies to the City Attorney's Office and the Planning Department upon
recordation.
Section 5. 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 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, which provisions may be
City of Miami Page 2 of 3 File ID: 3559 (Revision:) Printed on: 3/31/2025
File ID: 3559 Enactment Number: 13760
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 Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 2/8/2018
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 3 of 3 File ID: 3559 (Revision:) Printed on: 3/31/2025