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City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 15310
Final Action Date:
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 tvflAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-0," SUB -URBAN TRANSECT
ZONE — OPEN, TO "T4-0," GENERAL URBAN TRANSECT ZONE —
OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 7816
CLASSIFICATION FROM "T6-8-0," URBAN CORE TRANSECT ZONE,-7
OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED, FOIi
THE PROPERTIES GENERALLY LOCATED AT 260 NORTHWEST 79
STREET, 290 NORTHWEST 79 STREET, 294 NORTHWEST 79 STREET, 7835
NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER
ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND
INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NORTHWEST 2 COURT AND BY CHANGING THE ZONING
WHEREAS, the property is an assemblage of five (5) parcels located at 7816 Northwest
2 Court, 260 Northwest 79 Street, 290 Northwest 79 Street, 294 Northwest 79 Street, 7835
Northwest 3 Avenue, Miami, Florida (collectively the "Property"), totaling approximately 40,330
square feet (0.93 acres) of land; and
WHEREAS, the Applicant has submitted a request to change one (1) parcel of the
Property: 7816 Northwest 2 Court from "T3-O," Sub -Urban Transect Zone — Open, to "T4-0,"
General Urban Transect Zone — Open, and to change the remaining four (4) parcels: 260
Northwest 79 Street, 290 Northwest 79 Street, 294 Northwest 79 Street, and 7835 Northwest 3
Avenue from "T6-8-0," Urban Core Transect Zone — Open, to "T6-8-L," Urban Core Transect
Zone — Limited; and
WHEREAS, the Miami Comprehensive Neighborhood Plan's ("MCNP") Future Land Use
("FLU") designation for 7816 Northwest 2 Court is "Duplex Residential" and the MCNP's FLU
designation for the remaining four (4) parcels 260 Northwest 79 Street, 290 Northwest 79
Street, 294 Northwest 79 Street, and 7835 Northwest 3 Avenue are "General Commercial"; and
WHEREAS, the request to rezone the Property from "T3-0," Sub -Urban Transect Zone —
Open, to "T4-0," General Urban Transect Zone — Open, is inconsistent with the Property's
existing MCNP's FLU of "Duplex Residential," therefore, a concurrent Comprehensive Plan
Amendment is required and has been submitted as a companion application PZ-23-15933; and
City of Miami File ID: 15310 (Revision:) Printed On: 3/7/2024
115310 - Legislation -SUB I
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ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
WHEREAS, the parcel at 290 Northwest 79 Street has one (1) Structure built circa 1959,
and the parcel at 260 Northwest 79 Street has one (1) Structure built circa 1965 and is bordered
by both Commercial and Residential Uses; and
WHEREAS, the Property is bounded by the following thoroughfares: Northwest 79 Street
to the north, Northwest 2 Court to the east, Northwest 77 Street to the south, and Northwest 3
Avenue to the west; and
WHEREAS, the Property is in a portion of the Little Haiti Neighborhood where there are
not a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the parcel at 7816 Northwest 2 Court was zoned R-2 under Ordinance No.
11000 (the "Previous Zoning Code) which permitted 18 dwelling units per acre; and
WHEREAS, the four (4) parcels at 260 Northwest 79 Street, 290 Northwest 79 Street,
294 Northwest 79 Street, and 7835 Northwest 3 Avenue, were zoned C-2 under previous
Zoning Code, which permitted 65 dwelling units per acre; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, classification
will result in higher intensity and taller development; and
WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1.a of the
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ('`Miami
21 Code"); and t _
WHEREAS, this request to Rezone the Property is consistent with the MCNP's intent o1
Policy TR-1.1.5, which makes the request consistent with the rezoning criteria of Section —
7.1.2.8.f.1 of the Miami 21 Code; and _
rri
WHEREAS, this request to Rezone the Property is consistent with the MCNP's Objective f'1
LU-1.2 to promote, facilitate and catalyze the redevelopment and revitalization of blighted; 0
declining, or threatened residential, commercial and industrial areas, which makes the requeSt.
consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.1.b of
the Miami 21 Code; and
WHEREAS, there are changing conditions to the Zoning Atlas of the Miami 21 Code in
the form of the recently enacted rezone by Ordinance 14024, which is within close proximity to
the Applicant's properties, deeming the changes necessary and consistent with Article 7,
Section 7.1.2.8.f.1.b of the Miami 21 Code; and
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of
the Miami 21 Code in that it is Successional going from om "T3-0," Sub -Urban Transect Zone —
Open to "T4-O," General Urban Transect Zone — Open; and
WHEREAS, the proposed zoning change can be deemed appropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 6, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
121 by a vote of six to two (6-2), Item No. PZAB.7, recommending approval of the rezoning
change; and
City of Miami File ID: 15310 (Revision:) Printed On: 3/7/2024
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
WHEREAS, the Planning Department recommends denial of the rezoning application
from "T3-O," Sub -Urban Transect Zone — Open to "T4-0," General Urban Transect Zone —
Open and recommends denial of the rezoning application from "T6-8-O," Urban Core Transect
Zone — Open, to "T6-8-L," Urban Core Transect Zone — Limited; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants,
attached and incorporated as Exhibit "B," to require ten percent (10%) of the Units developed on
the Property be made available for rent by Owner and shall be Affordable Housing Units at
eighty percent (80%) of the Area Median Income (AMI) as published by the United States
Department of Housing and Urban Development, annually, and certified by the City Housing
and Community Development Department; and
WHEREAS, the City Commission has considered the Applicant's justification as well as
the Planning Department recommendation; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations;
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 the Miami 21 Code is hereby amended by changing the
zoning classification of the parcel located at 7816 Northwest 2 Court from "T3-O," Sub -Urban
Transect Zone — Open, to "T4-O," General Urban Transect Zone — Open, as described in
"Exhibit A," attached and incorporated.
Section 3. The Zoning Atlas of the Miami 21 Code is hereby amended by changing the
zoning classification of the four (4) parcels located at 260 Northwest 79 Street, 290 Northwest
79 Street, 294 Northwest 79 Street, and 7835 Northwest, 3 Avenue, Miami, Florida, from "T6-8-
0," Urban Core Transect Zone — Open, to "T6-8-L," Urban Core Transect Zone — Limited, as
described in "Exhibit A," attached and incorporated.
Section 4. The City Commission hereby accepts the voluntarily proffered Declaration of
Restrictive Covenants, attached and incorporated as Exhibit "B" with the executed Declaration
of Restrictive Covenants to be submitted to the City by the Applicant within 90 days of the
effective date of this Ordinance.
r-,
Section 5. If any section, part of a section, paragraph, clause, phrase, or word o thigh
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be al!ectt#d
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Section 6. This Ordinance shall become effective thirty-one (31) days after seQ0ttd '
reading and adoption thereof, pursuant and subject to Section 163.3184(12), Floridalhitutst
and Section 163.3187(5)(c), Florida Statutes.' ar) -v
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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 Mlaml File ID: 15310 (Revision:) Printed On: 3/7/2024
City of Miami
Legislation
Ordinance
Enactment Number
I SUBSTITUTED
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.co
File Number: 15310 Final Actio
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORD
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF M
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANG
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN
ZONE — OPEN, TO "T4-O," GENERAL URBAN TRANS
OPEN, FOR THE PROPERTY GENERALLY LOCAT
NORTHWEST 2 COURT AND BY CHANGING TH
CLASSIFICATION FROM "T6-8-0," URBAN CO
OPEN, TO "T6-8-L," URBAN CORE TRANSEC
THE PROPERTIES GENERALLY LOCATED
STREET, 290 NORTHWEST 79 STREET,
7835 NORTHWEST 3 AVENUE, MIAMI
PARTICULARLY DESCRIBED IN EXH
INCORPORATED; MAKING FINDIN
CLAUSE; AND PROVIDING FOR
E
ANCE
G THE
NSECT
CT ZONE —
AT 7816
ONING
TRANSECT ZONE —
LONE — LIMITED, FOR
260 NORTHWEST 79
4 NORTHWEST 79 STREET,
ORIDA, AS MORE
T "A," ATTACHED AND
; CONTAINING A SEVERABILITY
FFECTIVE DATE.
Date:
WHEREAS, the property is an ass- blage of five (5) parcels located at 7816 Northwest
2 Court, 260 Northwest 79 Street, 290 , rthwest 79 Street, 294 Northwest 79 Street, 7835
Northwest 3 Avenue, Miami, Florida ( - lectively the "Property"), totaling approximately 40,330
square feet (0.93 acres) of land; an
WHEREAS, the Applica has submitted a request to change one (1) parcel of the
Property: 7816 Northwest 2 C' rt from "T3-O," Sub -Urban Transect Zone — Open, to "T4-O,"
General Urban Transect Zo► - — Open, and to change the remaining four (4) parcels: 260
Northwest 79 Street, 290 orthwest 79 Street, 294 Northwest 79 Street, and 7835 Northwest 3
Avenue from "T6-8-O," ban Core Transect Zone — Open, to "T6-8-L," Urban Core Transect
Zone — Limited; and
WHEREA
("FLU") design
designation f
Street, 294
, the Miami Comprehensive Neighborhood Plan's ("MCNP") Future Land Use
n for 7816 Northwest 2 Court is "Duplex Residential" and the MCNP's FLU
the remaining four (4) parcels 260 Northwest 79 Street, 290 Northwest 79
orthwest 79 Street, and 7835 Northwest 3 Avenue are "General Commercial"; and
HEREAS, the request to rezone the Property from "T3-O," Sub -Urban Transect Zone —
Open o "T4-O," General Urban Transect Zone — Open, is inconsistent with the Property's
exi ng MCNP's FLU of "Duplex Residential," therefore, a concurrent Comprehensive Plan
Ar endment is required and has been submitted as a companion application PZ-23-15933; and
WHEREAS, the parcel at 290 Northwest 79 Street has one (1) Structure built circa 1959,
and the parcel at 260 Northwest 79 Street has one (1) Structure built circa 1965 and is bordered
by both Commercial and Residential Uses; and
City of Miami File ID: 15310 (Revision:) Printed On: 3/5/2024
SUBSTITUTED
WHEREAS, the Property is bounded by the following thoroughfares: Northwest 79 Street
to the north, Northwest 2 Court to the east, Northwest 77 Street to the south, and Northwest 3
Avenue to the west; and
WHEREAS, the Property is in a portion of the Little Haiti Neighborhood where there
not a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the parcel at 7816 Northwest 2 Court was zoned R-2 under Ordin ce No.
11000 (the "Previous Zoning Code) which permitted 18 dwelling units per acre; and
WHEREAS, the four (4) parcels at 260 Northwest 79 Street, 290 Northw- t 79 Street,
294 Northwest 79 Street, and 7835 Northwest 3 Avenue, were zoned C-2 un. previous
Zoning Code, which permitted 65 dwelling units per acre; and
WHEREAS, the proposed "T4-O," General Urban Transect Zon- Open, classification
will result in higher intensity and taller development; and
WHEREAS, the application is consistent with Article 7, Se' ion 7.1.2.8.f.1.a of the
Ordinance No. 13114, the Zoning Ordinance of the City of Mia Florida, as amended ("Miami
21 Code"); and
WHEREAS, this request to Rezone the Property i onsistent with the MCNP's intent of
Policy TR-1.1.5, which makes the request consistent wi the rezoning criteria of Section
7.1.2.8.f.1 of the Miami 21 Code; and
WHEREAS, this request to Rezone the Pr, .erty is consistent with the MCNP's Objective
LU-1.2 to promote, facilitate and catalyze the r- evelopment and revitalization of blighted,
declining, or threatened residential, commerc . and industrial areas, which makes the request
consistent with the rezoning criteria of Sect 7.1.2.8.f.1 of the Miami 21 Code; and
WHEREAS, the proposed appli :tion is consistent with Article 7, Section 7.1.2.8.f.1.b of
the Miami 21 Code; and
WHEREAS, there are ch ging conditions to the Zoning Atlas of the Miami 21 Code in
the form of the recently enacte• ezone by Ordinance 14024, which is within close proximity to
the Applicant's properties, de • ing the changes necessary and consistent with Article 7,
Section 7.1.2.8.f.1.b of the iami 21 Code; and
WHEREAS, the roposed application is consistent with Article 7, Section 7.1.2.8.f.2 of
the Miami 21 Code i at it is Successional going from om "T3-O," Sub -Urban Transect Zone —
Open to "T4-O," G- eral Urban Transect Zone — Open; and
WHER- S, the proposed zoning change can be deemed appropriate in Tight of the
intent of the ami 21 Code; and
EREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
Dece -r 6, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
121 . a vote of six to two (6-2), Item No. PZAB.7, recommending approval of the rezoning
chge; and
WHEREAS, the Planning Department recommends denial of the rezoning application
from "T3-O," Sub -Urban Transect Zone — Open to "T4-O," General Urban Transect Zone —
Open and recommends denial of the rezoning application from "T6-8-O," Urban Core Transect
Zone — Open, to "T6-8-L," Urban Core Transect Zone — Limited; and
City of Miami File ID: 15310 (Revision:) Printed On: 3/5/2024
SUBSTITUTED
WHEREAS, the City Commission has considered the Applicant's justification as well as
the Planning Department recommendation; and
WHEREAS, the City Commission has considered the goals, objectives, and policies
the MCNP, the Miami 21 Code, and all other City regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TH ITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Or. ance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of the Miami 21 Code is hereby amen
zoning classification of the parcel located at 7816 Northwest 2 Court fro
Transect Zone — Open, to "T4-O," General Urban Transect Zone — Op: ,
"Exhibit A," attached and incorporated.
d by changing the
T3-O," Sub -Urban
as described in
Section 3. The Zoning Atlas of the Miami 21 Code is her-.y amended by changing the
zoning classification of the four (4) parcels located at 260 Nort est 79 Street, 290 Northwest
79 Street, 294 Northwest 79 Street, and 7835 Northwest, 3 enue, Miami, Florida, from "T6-8-
0," Urban Core Transect Zone — Open, to "T6-8-L," Urban ore Transect Zone — Limited, as
described in "Exhibit A," attached and incorporated.
Section 4. If any section, part of a section, p. agraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provi '•ns of this Ordinance shall not be affected.
Section 5. This Ordinance shall becom- effective thirty-one (31) days after second
reading and adoption thereof, pursuant and - bject to Section 163.3184(12), Florida Statutes
and Section 163.3187(5)(c), Florida Statut- .'
APPROVED AS TO FORM AND CORCTNESS:
(411
�' .— ► S ONO row
•ria .dez, i y ttorr'
1 / 16/2024
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: 15310 (Revision:) Printed On: 3/5/2024