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Ordinance
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Miami, FL 33133
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File Number: 4545 Final Action Date: 11/18/2021
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 "T5-R," URBAN
CENTER -RESTRICTED, TO "T6-8-O," URBAN CORE —OPEN, FOR
APPROXIMATELY 1.389 ACRES OF REAL PROPERTY LOCATED AT
APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND
433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING
THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND
INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 428, 430, 448, and 454 Northeast
38 Street and 433, 441, and 457 Northeast 37 Street, Miami, Florida ("Property") are currently
zoned "T5-R," Urban Center Transect Zone — Restricted; and
WHEREAS, Magnolia Holdings 38th Street LLC ("Applicant") has submitted a request to
change the zoning classification to "T6-8-O," Urban Core Transect Zone — Open; and
WHEREAS, the Planning Department has analyzed the Applicant's request and
recommends denial of the proposed zoning change as the requested zoning change from "T5-
R," Urban Center Transect Zone — Restricted, to "T6-8-O," Urban Core Transect Zone — Open,
will more than double the existing density from sixty-five (65) units per acre to one hundred fifty
(150) units per acre and is inconsistent with the prevailing residential zone and character of the
area by allowing the introduction of commercial uses within an established residential area; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on June
20, 2018, following an advertised public hearing, failed to make a recommendation to either
approve or deny the proposed zoning change as the PZAB made a motion to approve the
request, which did not obtain the required concurring votes of a supermajority of the PZAB
members present pursuant to Section 7.1.1.4(4) of Ordinance No. 13114, the Zoning Ordinance
of the City of Miami, Florida, as amended ("Miami 21 Code"), and Section 62-17(d) of the Code
of the City of Miami, Floirda, as amended ("City Code"), as five (5) members voted in favor of
approval and four (4) members voted against approval; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Neighborhood Comprehensive Plan, the Miami 21 Code, and all other City of Miami
("City") regulations; 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 propose zoning change necessary; and
City of Miami Page 1 of 3 File ID: 4545 (Revision:) Printed On: 6/3/2025
File ID: 4545 Enactment Number:
WHEREAS, the City Commission has considered the Declaration of Restrictive
Covenants ("Covenant"), attached hereto and incorporated as Exhibit "B," voluntarily proffered
by the Applicant which limits the development of the subject Property as summarized below:
1. A dedication of 10'-6" of the Property abutting the south side of Northeast 38 Street to
the Florida Department of Transportation ("FDOT") for the sole purpose of expanding
Northeast 38 Street with an additional lane of traffic;
2. The Applicant shall require that no less than ten percent (10%) of all residential units
constructed will be sold or rented to individuals and households whose income is
between eighty percent (80%) and one hundred forty percent (140%) of Area Median
Income ("AMI") as published annually by the United States Department of Housing and
Urban Development ("HUD") and certified by the City's Department of Community and
Economic Development ("Workforce Housing");
3. The uses on the Property shall be limited to Residential, Lodging, Office, Retail, General
Commercial including Food Service Establishments, and Public Parking as defined in
the Miami 21 Code;
4. Office and Commercial uses, combined, shall occupy no more than forty percent (40%)
of the habitable floor area of new development at the Property with the caveat that
required parking for such uses shall not be counted against the allowable floor area
restriction of this Paragraph; and
WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami
21 Code and particularly in relation to the effects on adjoining properties; and
WHEREAS, the proposed zoning change maintains the goals of the Miami 21 Code to
preserve neighborhoods and provide transitions in intensity and building height; 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 grant
this zoning change as hereinafter set forth;
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-R," Urban Center Transect Zone —
Restricted, to "T6-8-O," Urban Core Transect Zone — Open, for the Property, as described in
Exhibit "A", attached and incorporated.
Section 3. The Covenant voluntarily proffered by the Applicant, attached and
incorporated as Exhibit "B", is accepted and approved by the City Commission.
Section 4. The Applicant shall record the Covenant, attached and incorporated as
Exhibit "B", within thirty (30) days of the effective date of this Ordinance.
City of Miami Page 2 of 3 File ID: 4545 (Revision:) Printed on: 6/3/2025
File ID: 4545 Enactment Number:
Section 5. 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
renumbered or relettered and that the word "ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 6. 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 7. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to Section 163.3187, Florida
Statutes, and Section 163.3184(12), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ktor ey 9/18/2018
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: 4545 (Revision:) Printed on: 6/3/2025