HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 1125
Title: TO BE DEFERRED
LOCATION: Approximately 3801 Biscayne Boulevard and 455 Northeast 38th Street
[Commissioner Ken Russell - District 2]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and 3801 Biscayne
Corp.
PURPOSE: This will change the zoning for a portion of the above properties from "T4-R"
General Urban Zone - Restricted to "T5-O" Urban Center Zone - Open.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial of the proposed zoning change as
presented, but recommended approval of the proposed zoning change with the condition that
the entire subject area be rezoned to T5-L.
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on February 17, 2016, by
a vote of 6-1.
CITY COMMISSION: Legistar file history - First Reading deferred from March 24, 2016, April
28, 2016, June 23, 2016, September 22, 2016 and October 27, 2016.
City of Miami File ID: 1125 (Revision:) Printed On: 2/18/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 1125 Final Action Date: 7/26/2018
TO BE DEFERRED
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 APPROXIMATELY .75± ACRES, AS
DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY
LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE
REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM
T4-R, "GENERAL URBAN ZONE - RESTRICTED", TO T5-O, "URBAN CENTER ZONE -
OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
February 17, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-
0010 by a vote of six to one (6-1), item No. 2, recommending DENIAL of the Zoning Change as
set forth; and
WHEREAS, the proposed zoning change is in harmony with the requested land use
pattern and the adjacent and nearby districts; and
WHEREAS, the proposed zoning change is not out of scale with the needs of the
neighborhood or the City of Miami ("City"); and
WHEREAS, changing conditions make the passage of the proposed change necessary;
and
WHEREAS, there are substantial reasons why the use of the property is unfairly limited
under existing zoning; and
WHEREAS, the proposed rezoning will contribute to the improvement of development of
properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed change will 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, 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 change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami File ID: 1125 (Revision:) Printed On: 2/18/2025
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 approximately .75± acres, as described in "Exhibit A",
attached and incorporated, of the real property located at 455 Northeast 38th Street, Miami,
Florida, and a portion of the property located at 3801 Biscayne Boulevard, Miami, Florida from
T4-R, "General Urban Zone - Restricted", to T5-O, "Urban Center 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, 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 ttor
ey , 10/17/2016
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 File ID: 1125 (Revision:) Printed On: 2/18/2025