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Ordinance: 13593
File Number: 15-00965ze
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/28/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM T5 -R "URBAN CENTER
TRANSECT ZONE - RESTRICTED" TO T6-8-0 "URBAN CORE TRANSECT ZONE -
OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460, 500, 520,
530, 538 AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439 AND
505 NORTHEAST 82ND STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 16, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R15-058
by a vote of five to three (5-3), item No. 2, recommending DENIAL of the Zoning Change as set forth;
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 of Miami ("City") and its inhabitants to grant
this change of zoning classification as hereinafter set forth; and
WHEREAS, the proposed zone change is in harmony with the requested land use pattern and the
adjacent and nearby districts; and
WHEREAS, the applicant has voluntarily proffered a covenant, which is tied to a site plan, that
restricts the number of dwelling units to 232, prohibits retail uses along the 82 Terrace frontage of the
property and eliminates bonus floor area via the "Public Benefits Program" per Article 3, Section 3.14
of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21
Code"); and
WHEREAS, the proposed zone change is not out of scale with the needs of the neighborhood or
the City; and
WHEREAS, changing conditions make the passage of the proposed change necessary; and
WHEREAS, there are substantial reasons why the use of the property is unfairly limited under
existing zoning; and
WHEREAS, the proposed rezoning will contribute to the improvement of the development of
properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed change will convey the same treatment to the individual owner as to
the owners within the same classification and the immediate area and furthers the protection of the
public welfare; and
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File Number: 15-00965zc EnactmentNnmber: 13593
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 change
of zoning classification as hereinafter set forth;
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 Zoning Atlas of Ordinance No. 13114, as amended, is further amended by
changing the zoning classification of approximately 2.2711 acres from T5 -R "Urban Center Transect
Zone - Restricted" to T6-8-0 "Urban Core Transect Zone - Open", for the property located at
approximately 460, 500, 520, 530, 538 and 540 Northeast 82 Terrace and 505, 439, 433, 437 and
421 Northeast 82 Street, Miami, Florida, as described in "Exhibit A", attached and incorporated.
Section 3. Within forty-five (45) days of second reading, and in any case prior to issuance of a
building permit, owner shall record a covenant, in a form acceptable to the City Attorney, including the
following terms:
1. The Property shall be developed consistent with the design intent of the plans entitled
"Wave of Shorecrest 82nd Street Master Plan" dated July 15th, 2015 ("Plan");
2. The owner shall not increase the proposed floor area ("FLR"), as described in the Plan,
by pursuing a "Public Benefits" bonus under the Miami 21 Code;
3. The Property shall be developed with a maximum of 232 dwelling units; and
4. There shall be no retail uses permitted along the Northeast 82nd Terrace frontage of
the Property.
Section 4. 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. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code, which provisions may be renumbered or
relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate
word to accomplish such intention.
Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof, pursuant and subject to §163.3187(5)(c), Florida Statutes.{1}
Footnotes:
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File Number: 15-00965zc
Enactment Number: 13593
{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.
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