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Ordinance
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3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14036 Final Action Date: 9/26/2024
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 "T4-R,"
GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN
CENTER TRANSECT ZONE -OPEN, AND APPROVING A DECLARATION OF
RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT
"B," OF THE PROPERTY AT 136 NORTHWEST 35TH STREET, 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 applicant, William Riley, Jr., Esq., on behalf of Educationem
Consulendis Enterprises, Inc. ("Applicant"), has submitted a request to change the zoning
classification from "T4-R," General Urban Transect Zone -Restricted, to "T5-O," Urban
Center Transect Zone -Open," for the property generally located at 136 Northwest 35
Street, Miami, Florida ("Property"); and
WHEREAS, the Property consists of one (1) parcel totaling approximately 4,750 square
feet (0.1 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is "High
Density Multifamily Residential"; and
WHEREAS, the request to rezone the Property from "T4-R," General Urban Transect
Zone -Restricted, to "T5-O," Urban Center Transect Zone -Open, is inconsistent with the
property's existing future land uses ("FLU") of High Density Multifamily Residential, therefore, a
concurrent Comprehensive Plan Amendment is required and has been submitted as a
companion application (PZ-22-15135); and
WHEREAS, the application to amend the FLUM of the Miami Comprehensive
Neighborhood Plan ("MCNP") under PZ-22-15135 will amend the FLU of the Property from
"High Density Multifamily Residential" to "General Commercial"; and
WHEREAS, the proposed FLU designation of "General Commercial" under PZ-22-15135
is consistent with the proposed zoning of "T5-O," Urban Center Transect Zone -Open; and
WHEREAS, the Property is located in a portion of the Wynwood/Edgewater
neighborhood where there are a variety of zoning designations, commercial uses, and housing
types; and
WHEREAS, the proposed "T5-O," Urban Center Transect Zone -Open, classification will
result in higher intensity and taller development; and
City of Miami Page 1 of 3 File ID: 14036 (Revision: A) Printed On: 8/5/2025
File ID: 14036 Enactment Number:
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.1(b) of
the Miami 21 Code; and
WHEREAS, the proposed zoning change can be deemed appropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends approval of the rezoning application
from "T4-R," General Urban Transect Zone -Restricted, to "T5-O," Urban Center Transect Zone -
Open Transect Zone; and
WHEREAS, the Applicant proffered a Declaration of Restrictive Covenants,
attached and incorporated as Exhibit "B"; and
WHEREAS, the proffered Declaration of Restrictive Covenants contains the following
four (4) restrictions:
a. The height of any building on the Property shall not exceed four (4) stories and a
maximum of fifty (50) feet to top of roof slab, as building height is measured
consistent with the Miami 21 Zoning Code ("Miami 21").
b. The Property's use shall be restricted to residential uses and/or educational uses
permitted in the T5-O transect zone, pursuant to NRD-2 standards incorporated
in Section 4, Table 1, Appendix P of Miami 21.
c. The Property shall be developed in substantial conformity, as determined by City
staff, to the concept plans on file ("Plans").
d. Owner shall present to the City a plan to improve Roberto Clemente Park located
at 101 NW 34th Street, Miami, Florida with one or more tennis court(s),
playground(s) and ancillary recreational uses; all of which shall incorporate
sensory and mobility sensitivities (the "Donated Improvements"). If accepted by
the City, the plan of improvement shall be purchased, installed and donated to
the City at the Owner's sole cost and expense at a valuation of no less than five
hundred thousand ($500,000.00) dollars and no more than two million
($2,000,000.00). In the event that the City elects to forgo the Donated
Improvements, Owner shall make a financial contribution to the City of one
hundred thousand ($100,000.00) dollars for City constructed improvements at
Roberto Clemente Park.; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May
17, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-055, Item
No. PZAB. 4, indicating it does not recommend approval because at the meeting a motion to
recommend approval of the zoning change was made, four (4) PZAB members voted in favor
and three (3) PZAB members voted against, thereby failing to receive the required six (6)
supermajority votes to recommend approval of the amendment to the Zoning from "T4-R,"
General Urban Transect Zone -Restricted, to "T5-O," Urban Center Transect Zone -Open; 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
proposed change necessary; and
City of Miami Page 2 of 3 File ID: 14036 (Revision: A) Printed on: 8/5/2025
File ID: 14036 Enactment Number:
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission recommends approval of the request to change the
zoning designation for the Property;
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 approves the request to amend the Zoning Atlas of the
Miami 21 Code, by changing the zoning classification from "T4-R," General Urban Transect
Zone -Restricted, to "T5-O," Urban Center Transect Zone -Open, for the Property, as described
in "Exhibit A," attached and incorporated.
Section 3. The Covenant, voluntarily proffered by Applicant, attached and incorporated
as Exhibit "B," is accepted and approved by the City Commission.
Section 4. The Applicant shall record the Covenant within thirty (30) 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.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 6/12/2023
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 3 File ID: 14036 (Revision: A) Printed on: 8/5/2025