HomeMy WebLinkAboutO-14260City of Miami
Ordinance 14260
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15310 Final Action Date: 3/14/2024
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 "T3-O," SUB-
URBAN TRANSECT ZONE — OPEN, TO "T4-O," GENERAL URBAN
TRANSECT ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT
7816 NORTHWEST 2 COURT AND BY CHANGING THE ZONING
CLASSIFICATION FROM "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN,
TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED, FOR 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.
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-O,"
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-O," 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-O," Sub -Urban Transect Zone —
Open, to "T4-O," 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
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 Page 1 of 4 File ID: 15310 (Revision: A) Printed On: 7/24/2025
File ID: 15310 Enactment Number: 14260
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
WHEREAS, this request to Rezone the Property is consistent with the MCNP's intent of
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
WHEREAS, this request to Rezone the Property is consistent with the MCNP's Objective
LU-1.2 to promote, facilitate and catalyze the redevelopment and revitalization of blighted,
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-O," 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 Page 2 of 4 File ID: 15310 (Revision: A) Printed on: 7/24/2025
File ID: 15310 Enactment Number: 14260
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
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 ninety (90) days of
the effective date of this Ordinance.
Section 5. 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 6. 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: 15310 (Revision: A) Printed on: 7/24/2025
File ID: 15310 Enactment Number: 14260
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C1ty ttor' -y 7/29/2024
City of Miami Page 4 of 4 File ID: 15310 (Revision: A) Printed on: 7/24/2025