HomeMy WebLinkAboutO-14363City of Miami
Ordinance 14363
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12859 Final Action Date: 4/10/2025
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 WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES
AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY
FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442
SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND
3719 THOMAS AVENUE; MAINTAINING THE ZONING CLASSIFICATION OF
"T3-O" SUB -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 3735 WASHINGTON AVENUE, AND MAINTAINING THE
ZONING CLASSIFICATION OF "T5-O" URBAN CENTER ZONE— OPEN WITH
A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2"
(NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE
PROPERTY GENERALLY LOCATED AT 3710 GRAND 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.
SPONSOR(S): Commissioner Damian Pardo, Commissioner Joe Carollo,
Commissioner Manolo Reyes, Commissioner Christine King
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 21, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-
22-074 by a vote of eight to zero (8-0), Item No. PZAB.3, recommending approval of the Zoning
Change; and
WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant")
submitted a request to change the zoning classification from "T3-O" Sub -Urban Transect Zone -
Open to "T4-O" General Urban Zone - Open for 3424 and 3442 Southwest 37 Avenue, 3714
and 3718 Washington Avenue, and 3719 Thomas Avenue, maintain the zoning classification of
"T3-O" Sub -Urban Transect Zone - Open for 3735 Washington Avenue and maintain the zoning
classification of "T5-O" Urban Center Transect Zone - Open for 3710 Grand Avenue
(collectively, "Property"), pursuant to Directive 22-036 from the October 13, 2022 City
Commission meeting; and
WHEREAS, the Applicant further submitted a change in the zoning classification from
"T3-R" Sub -Urban Transect Zone - Restricted to "T4-O" General Urban Transect Zone - Open
for the properties generally located at 3475, 3479, and 3481 Hibiscus Street, 3475 and 3435
William Avenue, 3452, 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456 Elizabeth
City of Miami Page 1 of 4 File ID: 12859 (Revision: B) Printed On: 8/21/2025
File ID: 12859 Enactment Number: 14363
Street and a change in the zoning classification from "T3-R" Sub -Urban Transect Zone -
Restricted and "T5-O" Urban Center Transect Zone - Open to "T4-O" General Urban Transect
Zone - Open for the property generally located at 3449 Hibiscus Street ("Assemblage B"),
pursuant to Directive 22-036 from the October 13, 2022 City Commission meeting; and
WHEREAS, the Applicant further submitted a change in 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 3135, 3145, 3153, 3163, and 3173 Mundy Street, and 3645 and
3633 Day Avenue ("Assemblage C"), Miami, Florida pursuant to Directive 22-036 from the
October 13, 2022 City Commission meeting; and
WHEREAS, Assemblage B and Assemblage C were a part of another rezoning
application and thus were removed from the current application; and
WHEREAS, the Property consists of seven (7) parcels totaling approximately 32,917.09
square feet (0.75 acres) of land; and
WHEREAS, the request is currently inconsistent with the existing future land uses
("FLU") for five (5) parcels of the Property; therefore, a concurrent Comprehensive Plan
Amendment is required for those parcels of the Property and has been submitted as a
companion application — PZ-21-10250; 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 by amending 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,",
repealing 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
as the current Zoning Ordinance of the City of Miami, Florida, which has been amended from
time to time ("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
City of Miami Page 2 of 4 File ID: 12859 (Revision: B) Printed on: 8/21/2025
File ID: 12859 Enactment Number: 14363
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 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" to "T4-O" would permit neighborhood
retail, office, residential and community facilities and create a buffer between adjacent "T3-O"
residential areas and higher intensity "T5-O" Transect Zone, making it consistent with Policy LU-
1.1.7; and
WHEREAS, changes from "T3-O" to "T4-O", "T3-R" to "T4-O", as well as "T3-R" and "T5-
0" to "T4-O" 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 the "T3-O"
to "T4-O" could alleviate the issues of blight, making the changes necessary and consistent with
the Miami 21 Code, Article 7, Section 7.1.2.8.f1(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" to "T4-O" 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 "T3-O" Sub -Urban Transect—Open to "T4-O" General Urban -Open for the Property; and
WHEREAS, the City commission gave full consideration to the Planning Director's
recommendation; 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
City of Miami Page 3 of 4 File ID: 12859 (Revision: B) Printed on: 8/21/2025
File ID: 12859 Enactment Number: 14363
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;
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 "T3-O" Sub -Urban Transect Zone -
Open to "T4-O" General Urban Zone - Open for 3424 and 3442 Southwest 37 Avenue, 3714
and 3718 Washington Avenue, and 3719 Thomas Avenue, maintaining the zoning classification
of "T3-O" Sub -Urban Transect Zone - Open for 3735 Washington Avenue and maintaining the
zoning classification of "T5-O" Urban Center Transect Zone - Open for 3710 Grand Avenue, 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 the Ordinance 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 163.3184(12), Florida Statutes
and Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
-ndez, ity Attor
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 4 of 4 File ID: 12859 (Revision: B) Printed on: 8/21/2025