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File ID: 16101
Title: 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, BY CHANGING THE ZONING
CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT ZONE —
OPEN, TO "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, OF THE
PROPERTY GENERALLY LOCATED AT 7924 NORTHEAST 2 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.
LOCATION: Approximately, 7924 Northeast 2 Avenue
APPLICANT(S): Steven J. Wernick, Esq., on behalf of MD 79TH HOLDING LLC and MD
79TH HOLDING II LLC
PURPOSE: This requests to change the zoning classification of the northwest portion of
the property located at 7924 Northeast 2 Avenue from "T5-O" Urban Center Transect
Zone — Open to "T6-8-O" Urban Core Transect Zone — Open.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On June 18, 2024, recommended
approval, by a vote of 7-0.
City of Miami File ID: 16101 (Revision:) Printed On: 8/4/2025
City of Miami
Legislation
Ordinance
Enactment Number:14301
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16101 Final Action Date: 7/25/2024
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, BY CHANGING THE ZONING
CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT ZONE —
OPEN, TO "T6-8-0," URBAN CORE TRANSECT ZONE - OPEN, OF THE
PROPERTY GENERALLY LOCATED AT 7924 NORTHEAST 2 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 property generally located at 7924 Northeast 2 Avenue Miami, Florida is
bifurcated by two (2) Transect Zones on the Zoning Atlas of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"): "T5-0," Urban Center
Transect Zone — Open, and "T6-8-0," Urban Core Transect Zone — Open; and
WHEREAS, Steven J. Wernick, Esquire, AICP, on behalf of MD 79TH HOLIDNG, LLC
and MD 79TH HOLDING II LLC (together, "Applicant") submitted a request to the City of Miami
("City") to change the zoning classification of the northwest portion of the property located at
7924 Northeast 2 Avenue Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A" ("Property"), from "T5-0," Urban Center Transect Zone — Open, to "T6-
8-0," Urban Core Transect Zone — Open; and
WHEREAS, the Property to be rezoned is approximately 37,555 square feet (0.862
acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation is Medium Density
Restricted Commercial; and
WHEREAS, the request to change the zoning classification from "T5-0," Urban Center
Transect Zone — Open, to "T6-8-0," Urban Core Transect Zone — Open, is not consistent with
the existing future land uses ("FLU") of Medium Density Restricted Commercial; therefore, a
concurrent Miami Comprehensive Neighborhood Plan ("MCNP") Amendment is required; and
WHEREAS, the request to change the FLU from Medium Density Restricted Commercial
to Restricted Commercial is being processed concurrently (PZ-23-16913); and
WHEREAS, the City Planning Department found the request to change the zoning
classification of the Property consistent with the MCNP Policy LU-1.3.15 as it will continue to
encourage a development pattern that enhances existing neighborhoods by developing a
balanced mix of uses including areas for employment, shopping, housing, and recreation in
close proximity to each other; and
City of Miami File ID: 16101 (Revision:) Printed On: 8/4/2025
WHEREAS, the City Planning Department found the request to change the zoning
classification of the Property consistent with MCNP Policy TR-1.1.5 as it will encourage new
development to be structured to reinforce a pattern of neighborhoods and urban centers by
focusing growth along transit corridors and around transit nodes and centers; and
WHEREAS, the City Planning Department finds that the application is consistent with
Article 7, Sections 7.1.2.8.f.1.a, 7.1.2.8.f.1.b, and 7.1.2.8.f.2 of the Miami 21 Code; and
WHEREAS, the City Planning Department recommended approval of the change in
zoning classification from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core
Transect Zone — Open of the Property; and
WHEREAS, pursuant to Section 7.1.3.7 of the Miami 21 Code, the issuance of a
certificate of occupancy or completion (including temporary or partial certificates of occupancy
or completion) are prohibited until the permit to cure the original outstanding Code Enforcement
violation has been finalized and closed and all monies owed, inclusive of costs, to the City are
paid; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
18, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-036 by a
vote of seven to zero (7-0), Item No. PZAB.6, recommending approval of the rezoning
application; 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
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
propose change necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami
21 Code and particularly in relation to the effects on adjoining properties;
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 from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core
Transect Zone — Open, for the Property, 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.
City of Miami File ID: 16101 (Revision:) Printed On: 8/4/2025
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: 16101 (Revision:) Printed On: 8/4/2025