HomeMy WebLinkAboutCity Commission FactCITY COMMISSION FACT SHEET
File ID: 6339
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM "T5-R," URBAN CENTER — RESTRICTED
TRANSECT ZONE, TO "T6-8-O," URBAN CORE — OPEN TRANSECT
ZONE, OF THE PROPERTY, LOCATED AT APPROXIMATELY 790
NORTHWEST 44 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE
VOLUNTARILY PROFFERED COVENANT ATTACHED AS EXHIBIT "B";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 790 NW 44 Av [Commissioner Wifredo (Willy) Gort - District 1]
APPLICANT(S): Ben Fernandez, Esq., on behalf of 7th and 45th Avenue Venture, LLC
PURPOSE: The request seeks approval to change the zoning of the property from "T5-R"
Urban Center Transect Zone -Restricted to "T6-8-O" Urban Core Transect Zone -Open. This
Rezoning item has a covenant.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: Motion to recommend approval failed on July
31, 2019, by a vote of 4-5.
City of Miami File ID: 6339 (Revision: A) Printed On: 4/28/2025
City of Miami
Legislation
Ordinance
Enactment Number:13875
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 6339 Final Action Date: 11/21/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM "T5-R," URBAN CENTER — RESTRICTED
TRANSECT ZONE, TO "T6-8-O," URBAN CORE — OPEN TRANSECT
ZONE, OF THE PROPERTY, LOCATED AT APPROXIMATELY 790
NORTHWEST 44 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY
PROFFERED COVENANT ATTACHED AS EXHIBIT "B"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 790 Northwest 44 Avenue, Miami,
Florida, as more particularly described in Exhibit "A," attached and incorporated ("Property"), is
zoned "T5-R," Urban Center — Restricted Transect Zone, on the Zoning Atlas of Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, 7th & 45th Avenue Venture, LLC ("Applicant") submitted a request to
change the zoning designation of the Property to "T6-8-O," Urban Core — Open Transect Zone;
and
WHEREAS, the Applicant also voluntarily proffered a Declaration of Restrictive
Covenant ("Covenant"), attached and incorporated as Exhibit "B," to limit Uses on the Property
to surface parking and landscaped open space with both to serve only the abutting commercial
uses on the "T6-8-O," Urban Core — Open Transect Zone, zoned properties to the south,
located between Northwest 7 Street and the Property, specifically 4401, 4431, and 4475
Northwest 7 Street and as further identified by Miami -Dade Tax Folio Nos. 01-3132-006-0120,
01-3132-006-0130, and 01-3132-006-0140; and
WHEREAS, the Covenant further indicates that if the Property is not developed as a
parking lot, rather than remaining vacant, the Property may be redeveloped with Uses permitted
in the "T5-R," Urban Center — Restricted Transect Zone; and
WHEREAS, the Property is a vacant interior parcel located in the southeast portion of
the City of Miami ("City") block bounded by Northwest 9 Street to the north, Northwest 44
Avenue to the east, Northwest 7 Street to the south, and Northwest 45 Avenue to the west; and
WHEREAS, the Property is approximately 7,020 square feet (0.16 acres) in size; and
WHEREAS, Sections 7.1.2.8.a. and 7.1.2.8.f.2. of the Miami 21 Code provide that a
change to the Miami 21 Code Zoning Atlas may be made only to the next Transect Zone and
City of Miami File ID: 6339 (Revision: A) Printed On: 4/28/2025
shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to provide
transitions in intensity and Building Height; and
WHEREAS, the City's Planning Department reviewed the application and found that the
proposed zoning change from "T5-R," Urban Center — Restricted Transect Zone, to "T6-8-O,"
Urban Core — Open Transect Zone, is successional but deemed the request inappropriate in
light of the intent of the Miami 21 Code as the neighborhood already has a well -established
commercial corridor along Northwest 7 Street that serves the employment and retail needs of
local residents and the Northwest 7 Street corridor has a clearly distinguished zoning boundary
line that follows the original lot lines of the Lejeune Garden Estates Plat (Recording Book 40,
Page 37), which was established with the adoption of the Miami 21 Code; and
WHEREAS, the City's Planning Department found that the requested zoning change
represents an encroachment of the "T6-8-O," Urban Core — Open Transect Zone, within an
established "T5-R," Urban Center — Restricted Transect Zone, permitting additional height,
density, and development capacity that is incompatible with the existing residential
neighborhood; and
WHEREAS, the City's Planning Department finds that the requested change in zoning
does not further the goals and objectives the Miami Comprehensive Neighborhood Plan
("MCNP") nor the goals and guiding principles of the Miami 21 Code which seek to create
pedestrian -oriented and mixed -use neighborhoods, preserve neighborhoods, and provide
transitions in intensity and building height; and
WHEREAS, the City's Planning Department recommends denial of the rezoning
application; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July
31, 2019, following an advertised public hearing and after careful consideration of this matter,
failed to recommend approval of the subject zoning change as there was a motion to
recommend approval, wherein four (4) PZAB members voted in favor and five (5) PZAB
members voted against, failing to receive the required votes to recommend approval; and
WHEREAS, pursuant to Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d)
of the Code of the City of Miami, Florida, as amended ("City Code"), no action to recommend a
rezoning shall be taken without the concurring votes of a supermajority of board members
present with said supermajority consisting of one (1) more member than a simple majority; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed change necessary; and
WHEREAS, after careful consideration of this matter, the City Commission finds that the
requested change in zoning furthers the goals and objectives of the MCNP and the goals and
guiding principles of the Miami 21 Code, which seek to create pedestrian -oriented and mixed -
use neighborhoods, and deems it in the best of the City to approve the zoning change request;
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.
City of Miami File ID: 6339 (Revision: A) Printed On: 4/28/2025
Section 2. The City Commission approves changing the zoning classification from "T5-
R," Urban Center — Restricted Transect Zone, to "T6-8-O," Urban Core — Open Transect Zone,
for the Property.
Section 3. The City Commission accepts the voluntarily proffered covenant, attached
and incorporated as Exhibit "B." The covenant shall be recorded within forty-five (45) days after
City Commission's adoption of this Ordinance and the Applicant shall provide a copy of the
recorded covenant to the City Attorney's Office and to the Planning Department within ten (10)
days of recordation.
Section 4. 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 5. This Ordinance shall become effective ten (10) days after approval at second
reading.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 10/10/2019
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: 6339 (Revision: A) Printed On: 4/28/2025