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Miami, FL 33133
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File Number: 13543 Final Action Date: 9/28/2023
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 ("MIAMI 21
CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O,"
URBAN CENTER TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE
TRANSECT ZONE -OPEN, OF THE PROPERTIES LOCATED AT
APPROXIMATELY 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816,
2818, 2824, 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properies generally located at 3700 Southwest 28 Street, 2810
Southwest 37 Avenue, 2814 Southwest 37 Avenue, 2816 Southwest 37 Avenue, 2818
Southwest 37 Avenue, 2824 Southwest 37 Avenue, and 2828 Southwest 37 Avenue, Miami,
Florida, are zoned "T5-O," Urban Center Zone — Open; and
WHEREAS, the Applicant 2814/16 SW 37, LLC (the "Applicant") has submitted a
request to change the zoning classification from "T5-O," Urban Center Zone — Open, to "T6-8-
0," Urban Core Zone — Open, for 3700 Southwest 28 Street, 2810 Southwest 37 Avenue, 2814
Southwest 37 Avenue, 2816 Southwest 37 Avenue, 2818 Southwest 37 Avenue, 2824
Southwest 37 Avenue, and 2828 Southwest 37 Avenue (collectively, the "Property"); and
WHEREAS, the Applicant has voluntarily proffered a draft Covenant, attached and
incorporated as Exhibit "B," that restricts specific Commercial Uses and their respective
business Operations and traffic -related ingress and egress entry points; and
WHEREAS, specifically, the Applicant voluntarily agrees and covenants to the City that
A. Notwithstanding the T6-8-O Transect Zone's permitted uses, the following
uses shall be prohibited at the Property:
1) Car wash;
2) Gas station;
3) Major mechanical work;
4) Body work;
5) Welding;
6) Any work involving noise glare, fumes, or smoke, all of which are
considered auto -related commercial establishment and/or auto -related
industrial activities as is defined in Section 1.1.d of Miami 21, as may be
amended;
7) Sale of alcohol for the primary purpose of off -site consumption; and
8) Alcohol service establishments, as the term is defined in Section 1.1.d of
Miami 21 as may be amended, including bars, taverns, cocktail lounges,
nightclubs, or supper clubs.
City of Miami Page 1 of 4 File ID: 13543 (Revision:) Printed On: 7/11/2025
File ID: 13543 Enactment Number:
B. All commercial deliveries to any business at the Property shall take place
during normal business hours.
C. Commercial delivery vehicles shall access the Property solely from SW 28th
Street.
D. The main vehicular access for the Property shall be located along SW 37th
Avenue to the extent permitted by Code.
E. A secondary vehicular egress along SW 28th Street shall be permitted.
F. Residents shall be prohibited from storing items on balconies except for patio
furniture in good condition.
G. The interior side setback areas of the Property (to the south and west) shall
be landscaped to serve as buffers for abutting properties; and
WHEREAS, the Property is an assemblage of seven (7) parcels totaling approximately
40,583 square feet (0.913 acres) of land; and
WHEREAS, the Property's current Miami Comprehensive Neighborhood Plan ("MCNP")
Future Land Use Map ("FLUM") designation is Medium Density Restricted Commercial; and
WHEREAS, the request to rezone the Property from "T5-O," Urban Center Zone — Open,
to "T6-8-O," Urban Core Zone — Open Transect Zone is inconsistent with the Property's existing
MCNP's current Future Land Use ("FLU") of Medium Density Restricted Commercial, and
therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted
as a companion application PZ-22-13173; and
WHEREAS, the Property is currently developed with five (5) existing residential
Buildings with an average construction date of 1958 and is bordered by Residential and Offices
Uses; and
WHEREAS, the Property is bounded by Southwest 28 Street to the north, Southwest 29
Street to the south, Southwest 37 Avenue to the east and Southwest 37 Court to the west; and
WHEREAS, the Property was zoned R-2 under Zoning Ordinance No. 11000, the former
Zoning Code, which permitted 18 dwelling units per acre; and
WHEREAS, the Property's underlying MCNP's FLU and Miami 21 Code's Transect
Zones changed through a successional process pursuant to the adoption of Ordinances No.:
13546, 13547, 13764, 13765, 13956, and 13957; and
WHEREAS, the proposed "T6-8-O," Urban Core Zone — Open, classification would result
in higher intensity (150 dwellings units per acre) and taller development (eight (8) Stories by
right); and
WHEREAS, this request to Rezone the Property is consistent with the MCNP, Housing
Element, Policy HO-1.1.8 and Land Use Element, Policy LU-1.2.1, which makes the request
consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1(a); and
WHEREAS, there have been changing conditions to the Miami 21 Atlas pursuant to the
changes promulgated in Ordinance Nos.: 13546, 13547, 13764, 13765, 13956, and 13957,
deeming the changes necessary and consistent with Article 7, Section 7.1.2.8.f1(b) of the Miami
21 Code; and
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File ID: 13543 Enactment Number:
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of
the Miami 21 Code; and
WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami
21 Code; and
WHEREAS, the Planning Department recommends approval of the rezoning application
from "T5-O," Urban Center Zone — Open, to "T6-8-O," Urban Core Zone — Open; and
WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants
does not affect the Planning Department's recommendation or analysis; and
WHEREAS, Planning, Zoning and Appeals Board (PZAB) has considered the
Applicant's justification as well as the Planning Department recommendation; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
February 15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
019 by a vote of six to three (6-3), Item No. PZAB.6, recommending Approval of the Zoning
Change; 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 deems it in the best interest of
the City to change the zoning classification of the Property from "T5-O," Urban Center Zone —
Open, to "T6-8-O," Urban Core Zone — Open ("T6-8-O");
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 Miami 21 Code is amended by changing the zoning
classification from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core
Transect Zone — Open ("T6-8-O"), for the property generally located at 3700 Southwest 28
Street, 2810 Southwest 37 Avenue, 2814 Southwest 37 Avenue, 2816 Southwest 37 Avenue,
2818 Southwest 37 Avenue, 2824 Southwest 37 Avenue, and 2828 Southwest 37 Avenue,
Miami, Florida, as described in "Exhibit A," attached and incorporated.
Section 3. The City Commission accepts the voluntarily proffered Declaration of
Restrictive Covenants, attached, and incorporated as Exhibit "B".
Section 4. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof pursuant and subject to Section 163.3184(12), Florida Statutes
and Section 163.3187(5)(c), Florida Statutes'
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 4 File ID: 13543 (Revision:) Printed on: 7/11/2025
File ID: 13543 Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 4 of 4 File ID: 13543 (Revision:) Printed on: 7/11/2025