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File ID: 13033
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 AND "CI" CIVIC
INSTITUTION ZONE WITH A "VILLAGE WEST ISLAND DISTRICT AND
CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION
DISTRICT) OVERLAY TO "T4-R" GENERAL URBAN TRANSECT ZONE -
RESTRICTED WITH A "VILLAGE WEST ISLAND DISTRICT AND
CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION
DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED
AT 3825 CHARLES TERRACE AND 3715 CHARLES TERRACE, MIAMI,
FLORIDA, (COLLECTIVELY "THE PROPERTY") AS MORE
PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A", ATTACHED
AND INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately, 3825 Charles Ter.; 3715 Charles Ter.
APPLICANT: Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: The request seeks to change the classification from "T3-O" Sub -urban transect
zone — Open and "Cl" Civic Institution zone with a "Village West Island District and Charles
Avenue NCD-2" (Neighborhood Conservation District) overlay to "T4-R" General Urban transect
zone - Restricted with a "Village West Island District and Charles Avenue NCD-2" overlay.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Scheduled to be heard at the meeting planned
for January 31, 2024.
City of Miami File ID: 13033 (Revision:) Printed On: 8/4/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 13033 Final Action Date: 7/25/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 AND "Cl" CIVIC INSTITUTION ZONE
WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE
NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY TO
"T4-R" GENERAL URBAN TRANSECT ZONE -RESTRICTED WITH A
"VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2"
(NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE
PROPERTY GENERALLY LOCATED AT 3825 CHARLES TERRACE AND
3715 CHARLES TERRACE, MIAMI, FLORIDA, (COLLECTIVELY "THE
PROPERTY") AS MORE PARTICULARLY DESCRIBED IN COMPOSITE
EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
, following an advertised public hearing, adopted Resolution No. PZAB-R-=
by a vote of to ( - ), Item No. PZAB. , recommending
of the zoning change; and
WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("the
Applicant") has submitted a request to change the zoning classification from "T3-O" Sub -Urban
Transect Zone — Open and "Cl" Civic Institution Zone with a "Village West Island District and
Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-R" General Urban
Transect Zone — Restricted with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay for the property generally located at 3825 Charles
Terrace and 3715 Charles Terrace, changing the zoning classification from "T3-O" Sub -Urban
Transect Zone — Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to "T4-O" General Urban Transect Zone -Open
with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood Conservation
District) Overlay for the property generally located at 3121 Mundy Street and 3147 Mundy
Street, and changing the zoning classification from "T3-R" Sub -Urban Transect Zone —
Restricted with a "Village West Island District And Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay to "T4-O" General Urban Transect Zone -Open with a "Village
West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay
for the property generally located at 3401 William Avenue and 3447 William Avenue, Miami,
Florida, (collectively, "the Property") pursuant to Directive 22-036 from the October 13, 2022
City Commission meeting; and
WHEREAS, the Property consists of six (6) parcels totaling approximately 348,543
City of Miami File ID: 13033 (Revision:) Printed On: 8/4/2025
square feet (8.01 acres) of land; and
WHEREAS, the Property is located in the Village West Island and Charles Avenue
Neighborhood Conservation District ("NCD-2"); and
WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market
Overlay District," was established by Ordinance No.12324, which amended the prior City of
Miami Zoning Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and
WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No.
12417, rescinding Ordinance No. 12324 and amending Article 8, Section 802 of Ordinance
No. 11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood Conservation
Overlay District"; and
WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No.
12651 amending Article 6 to add Section 626, titled "Village West Island Special Overlay
District," and to repeal the "NCD-2 Grand Avenue Corridor Neighborhood Conservation
Overlay District" and further amending Article 8 to create Section 802, titled "Charles
Avenue Neighborhood Conservation Overlay District"; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No.
13114, current Zoning Ordinance of the City of Miami, as amended ("Miami 21 Code"); and
WHEREAS, on April 23, 2020, the Miami City Commission, per City Commission
Resolution No. R-20-0131, found that the West Grove has been plagued by economic
blight; and
WHEREAS, pursuant to City Commission directive on September 10, 2020, the
City of Miami ("City"), working with a consultant, completed a report to identify future
housing opportunities within the West Grove community, titled "West Grove Affordable
Housing Blueprint"; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City
Commission directed the City Manager and the City Attorney to take any and all actions to
improve affordable housing within the Little Bahamas area of the City; and
WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood
Conservation District 2 regulations, titled "Village West Island District and Charles Avenue"
("NCD-2"); and
WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut
Grove that are historically significant; to promote gateways, gathering places, and activities
corresponding to its culture and heritage; to compliment the character of the entire
community and promote the history of the Island District; and to promote its successful
revitalization and restoration; and
WHEREAS, the Property is located within the West Grove neighborhood where
there are a variety of zoning designations, commercial uses, and single family and duplex
housing types; and
WHEREAS, the application is consistent with Miami 21 Code, Article 7, Section
7.1.2.8.f.1(a) in that the proposed change from "T3-O" Sub -Urban Transect Zone — Open
and "Cl" Civic Institution Zone with a "Village West Island District and Charles Avenue
NCD-2" (Neighborhood Conservation District) Overlay to "T4-R" General Urban Transect
City of Miami File ID: 13033 (Revision:) Printed On: 8/4/2025
Zone — Restricted with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay, from "T3-O" Sub -Urban Transect Zone —
Open with a "Village West Island District And Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay to "T4-O" General Urban Transect Zone -Open with a "Village
West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District)
Overlay, and from "T3-R" Sub -Urban Transect Zone — Restricted with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-
0" General Urban Transect Zone -Open with a "Village West Island District And Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay as it will further the goals,
objectives, and policies of the Comprehensive Plan; and
WHEREAS, changes from "T3-O" Sub -Urban Transect Zone — Open and "Cl" Civic
Institution Zone with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to "T4-R" General Urban Transect Zone —
Restricted with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay, from "T3-O" Sub -Urban Transect Zone — Open with a
"Village West Island District and Charles Avenue NCD-2" (Neighborhood Conservation
District) Overlay to "T4-O" General Urban Transect Zone -Open with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay, and
"T3-R" Sub -Urban Transect Zone — Restricted with a "Village West Island District and
Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-O" General
Urban Transect Zone -Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay could alleviate the conditions of blight while
supporting the intentions of maintaining the distinct character and heritage of Village West
Island District; and
WHEREAS, the proposed application is consistent with the Miami 21 Code, Article
7, Section 7.1.2.8.f.1(b); and
WHEREAS, there are changing conditions in the form of blight and changing from
"T3-O" Sub -Urban Transect Zone — Open and "Cl" Civic Institution Zone with a "Village
West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District)
Overlay to "T4-R" General Urban Transect Zone — Restricted with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay, from
"T3-O" Sub -Urban Transect Zone — Open with a "Village West Island District And Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-O" General Urban
Transect Zone -Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay, and from "T3-R" Sub -Urban Transect Zone —
Restricted with a "Village West Island District And Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay to "T4-O" General Urban Transect Zone -Open with a "Village
West Island District And Charles Avenue NCD-2" (Neighborhood Conservation District)
Overlay could alleviate the issues of blight, making the changes necessary and consistent
with the Miami 21 Code, Article 7, Section 7.1.2.8.f.1(b); and
WHEREAS, the proposed application is consistent with the Miami 21 Code, Article
7, Section 7.1.2.8.f.2 in that the changes occur in succession to the next higher Transect
Zone; and
WHEREAS, the proposed zoning change from "T3-O" Sub -Urban Transect Zone —
Open and "Cl" Civic Institution Zone with a "Village West Island District and Charles Avenue
NCD-2" (Neighborhood Conservation District) Overlay to "T4-R" General Urban Transect
Zone — Restricted with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay, from "T3-0" Sub -Urban Transect Zone —
Open with a "Village West Island District And Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay to "T4-0" General Urban Transect Zone -Open with a "Village
City of Miami File ID: 13033 (Revision:) Printed On: 8/4/2025
West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District)
Overlay, and from "T3-R" Sub -Urban Transect Zone — Restricted with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-
0" General Urban Transect Zone -Open with a "Village West Island District And Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay can be deemed appropriate
in light of the intent of the Miami 21 Code; and
WHEREAS, the City Planning Department recommends approval of the rezoning
application from "T3-O" Sub -Urban Transect Zone — Open and "Cl" Civic Institution Zone
with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay to "T4-R" General Urban Transect Zone — Restricted with a
"Village West Island District and Charles Avenue NCD-2" (Neighborhood Conservation
District) Overlay, from "T3-O" Sub -Urban Transect Zone — Open with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-
0" General Urban Transect Zone -Open with a "Village West Island District and Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay, and from "T3-R" Sub -Urban
Transect Zone — Restricted with a "Village West Island District And Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to "T4-O" General Urban Transect Zone -
Open with a "Village West Island District And Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City
Commission directed the City Manager and the City Attorney to take any and all actions to
initiate future land use map amendments, rezonings, and waivers, pursuant to the Miami 21
Code, for the acreage of real property at 3825 Charles Terrace and 3715 Charles Terrace,
3121 Mundy Street and 3147 Mundy Street, and 3401 William Avenue and 3447 William
Avenue, Miami, Florida; and
WHEREAS, the City Commission has given consideration to the Planning Director's
recommendation; and
WHEREAS, the City Commission has 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
Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations;
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 City Commission hereby approves the request to amend the Zoning
Atlas of Miami 21 Code by changing the zoning classification from "T3-O" Sub -Urban
Transect Zone — Open and "Cl" Civic Institution Zone with a "Village West Island District
and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-R"
General Urban Transect Zone — Restricted with a "Village West Island District and Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay for the property generally
located at 3825 Charles Terrace and 3715 Charles Terrace, changing the zoning
classification from "T3-0" Sub -Urban Transect Zone — Open with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-
0" General Urban Transect Zone -Open with a "Village West Island District and Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay for the property generally
City of Miami File ID: 13033 (Revision:) Printed On: 8/4/2025
located at 3121 Mundy Street and 3147 Mundy Street, and changing the zoning
classification from "T3-R" Sub -Urban Transect Zone — Restricted with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-
0" General Urban Transect Zone -Open with a "Village West Island District and Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay for the property generally
located at 3401 William Avenue and 3447 William Avenue, Miami, Florida, (collectively, "the
Property") Miami, Florida, as described in Composite 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 the Resolution shall not be
affected.
Section 4. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof pursuant and subject to Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
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: 13033 (Revision:) Printed On: 8/4/2025