HomeMy WebLinkAboutO-14275City of Miami
Ordinance 14275
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15239 Final Action Date: 4/25/2024
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 "T6-8-O,"
URBAN CORE TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE
TRANSECT ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT
697 NORTHWEST 37 AVENUE (NORTH AND SOUTHWEST PORTION); AND,
BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL
URBAN TRANSECT ZONE — LIMITED, TO "T5-O," URBAN CENTER
TRANSECT ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED
AT 697 NORTHWEST 37 AVENUE (SOUTHEAST PORTION), 640
NORTHWEST 36 COURT (SOUTH PORTION), 3665 NORTHWEST 6 STREET,
460 NORTHWEST 36 COURT (EAST PORTION), 427 NORTHWEST 37
AVENUE (EAST PORTION), 400 NORTHWEST 36 COURT, 408 NORTHWEST
36 COURT, 440 NORTHWEST 36 COURT, 146 NORTHWEST 36 COURT, 140
NORTHWEST 36 COURT, 114 NORTHWEST 36 COURT, 100 NORTHWEST
36 COURT, 102 NORTHWEST 36 COURT, 70 NORTHWEST 36 COURT, 64
NORTHWEST 36 COURT, 58 NORTHWEST 36 COURT, 3667 NORTHWEST
FLAGLER TERRACE, AND 3695 WEST FLAGLER STREET (NORTHEAST
PORTION), MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the property generally located at 697 Northwest 37 Avenue (North and
Southwest Portion), 697 Northwest 37 Avenue (Southeast Portion), 640 Northwest 36 Court
(South Portion), 3665 Northwest 6 Street, 460 Northwest 36 Court (East Portion), 427
Northwest 37 Avenue (East Portion), 400 Northwest 36 Court, 408 Northwest 36 Court, 440
Northwest 36 Court, 146 Northwest 36 Court, 140 Northwest 36 Court, 114 Northwest 36 Court,
100 Northwest 36 Court, 102 Northwest 36 Court, 70 Northwest 36 Court, 64 Northwest 36
Court, 58 Northwest 36 Court, 3667 Northwest Flagler Terrace, and 3695 West Flagler Street
(Northeast Portion), Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A," (collectively, "Property") is zoned "T6-8-O" Urban Core Transect Zone
— Open and "T4-L" General Urban Transect Zone — Limited, on the Zoning Atlas of Ordinance
No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code");
and
WHEREAS, Arthur Noriega V, acting on behalf of the City of Miami, ("Applicant") has
submitted a request to change the zoning classification of the Property from "T6-8-O" Urban
City of Miami Page 1 of 4 File ID: 15239 (Revision:) Printed On: 7/28/2025
File ID: 15239 Enactment Number: 14275
Core Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open and from "T4-L"
General Urban Transect Zone - Limited to "T5-O" Urban Center Transect Zone — Open; and
WHEREAS, the Property is an assemblage of multiple parcels totaling approximately
158,505 square feet (3.64 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation of the Property in the Miami
Comprehensive Neighborhood Plan ("MCNP") is "Duplex Residential," "Low Density Restricted
Commercial," and "Restricted Commercial"; and
WHEREAS, the request to change the zoning classification of a portion of the Property
from "T4-L," General Urban Transect Zone — Limited, to "T5-O," Urban Center Transect Zone —
Open, is inconsistent with the Property's existing Future Land Uses ("FLU") of "Duplex
Residential" and "Low Density Restricted Commercial;" therefore, a concurrent Comprehensive
Plan Amendment is required and has been submitted as a companion application PZ-23-17633;
and
WHEREAS, the application to amend the FLUM of the MCNP under PZ-24-17633 will
amend the FLU of the Property from "Duplex Residential" and "Low Density Restricted
Commercial" to "Restricted Commercial"; and
WHEREAS, the Property is currently developed as Commercial and Residential Uses
constructed at various times, includes vacant lots, and is bordered by Commercial, Office,
Industrial, and Residential Uses; and
WHEREAS, the Property is bounded by Northwest 7 Street to the north, West Flagler
Street to the south, and is along the west side of Northwest 36 Court; and
WHEREAS, the Property is located in a portion of the Flagami neighborhood where
there are a variety of zoning designations, Commercial Uses, and housing types; and
WHEREAS, the Property was zoned "R-2" and "C-1" under the previous 11000 Zoning
Code, which permitted 18 dwelling units per acre and 150 dwelling units per acre, respectively;
and
WHEREAS, the proposed "T5-O," Urban Center Transect Zone — Open, classification
would result in higher Intensity, Density, and Height; and
WHEREAS, the request is consistent with the Miami 21 Code, Article 7, Section
7.1.2.8(f)(1)(a) in that the change in zoning classification of a portion of the Property from "T4-L"
General Urban Transect Zone - Limited to "T5-O" Urban Center Transect Zone — Open and
helps further the Goals, Objectives, and Policies of the MCNP; and
WHEREAS, the request to change the zoning classification of the Property is consistent
with the Miami 21 Code, Article 7, Section 7.1.2.8(f)(1)(b); and
WHEREAS, the request to change the zoning classification is consistent with the Miami
21 Code, Article 7, Section 7.1.2.8(f)(2) in that the change from "T4-L" General Urban Transect
Zone - Limited to "T5-O" Urban Center Transect Zone — Open is Successional Zoning as
defined in Article 7.1.2.8(a); and
City of Miami Page 2 of 4 File ID: 15239 (Revision:) Printed on: 7/28/2025
File ID: 15239 Enactment Number: 14275
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 change in zoning
classification application from "T6-8-O," Urban Core Transect Zone — Open, to "T6-8-O," Urban
Core Transect Zone — Open, and from "T4-L," General Urban Transect Zone — Limited, to "T5-
0," Urban Center Transect Zone — Open; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
February 21, 2024, following an advertised public hearing, recommended denial of the
amendment, due to a tie vote and failing to obtain the required supermajority vote pursuant to
Section 7.1.1.4.d.4. the Miami 21 Code and Section 62-17(d) of the Code of the City of Miami,
as amended ("City Code"), as four (4) members voted in favor of approval and four (4) members
voted against approval of the amendment to the Zoning Atlas of the Miami 21 Code as set forth
herein, which is memorialized in Resolution No. PZAB-R-24-013; and
WHEREAS, the City Commission considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, 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, 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
approve this amendment to the Zoning Atlas of the Miami 21 Code as hereinafter set forth;
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 Resolution 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 from "T6-8-O" Urban Core Transect Zone — Open, to "T6-8-O" Urban Core
Transect Zone — Open, for the property generally located at 697 Northwest 37 Avenue (North
and Southwest Portion), and changing the zoning classification from "T4-L" General Urban
Transect Zone — Limited, to "T5-0" Urban Center Transect Zone — Open, for the properties
generally located at 697 Northwest 37 Avenue (Southeast Portion), 640 Northwest 36 Court
(South Portion), 3665 Northwest 6 Street, 460 Northwest 36 Court (East Portion), 427
Northwest 37 Avenue (East Portion), 400 Northwest 36 Court, 408 Northwest 36 Court, 440
Northwest 36 Court, 146 Northwest 36 Court, 140 Northwest 36 Court, 114 Northwest 36 Court,
100 Northwest 36 Court, 102 Northwest 36 Court, 70 Northwest 36 Court, 64 Northwest 36
Court, 58 Northwest 36 Court, 3667 Northwest Flagler Terrace, and 3695 West Flagler Street
(Northeast Portion), Miami, Florida, all as more particularly described in Exhibit "A," attached
and incorporated.
Section 3. 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 thirty-one (31) days after second reading and
City of Miami Page 3 of 4 File ID: 15239 (Revision:) Printed on: 7/28/2025
File ID: 15239 Enactment Number: 14275
adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes and Section
163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey ) 3/1/2024
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 Page 4 of 4 File ID: 15239 (Revision:) Printed on: 7/28/2025