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Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 28 AND 29 OF THE EDEN PARK PLAT
FROM 74-R," GENERAL URBAN TRANSECT ZONE RESTRICTED, TO
"T5 -L," URBAN CENTER TRANSECT ZONE LIMITED, AND OF LOTS 3,
30, 31, AND 32 OF THE EDEN PARK PLAT FROM "T5 -L," URBAN
CENTER TRANSECT ZONE LIMITED, TO "T6 -8-L" URBAN CORE
TRANSECT ZONE LIMITED, FOR APPROXIMATELY 0.79 ACRES OF
REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF NORTHWEST 7 AVENUE AND NORTHWEST 35 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.
LOCATION: Approximately 3516 NW 7 Ave and 725 NW 35 Street [Commissioner Wifredo
(Willy) Gort - District 1 ]
APPLICANT(S): Iris Escarra, Esquire, on behalf of 3516 NW 7 Ave, LLC.
PURPOSE: The request will rezone 725 NW 35 Street and the westernmost 50 feet of
the property at 3516 NW 7 Avenue from "T4 -R" General Urban Transect Zone -
Restricted to "T5 -L" Urban Center Transect Zone -Limited, and 3516 NW 7 Avenue (less
the westernmost 50 feet of the property) from "T5 -L" Urban Center Transect Zone -
Limited to the "T6 -8-L" Urban Core Transect Zone -Limited.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval for the request to rezone 725 NW
35 Street and the westernmost 50 feet of the property at 3516 NW 7 Avenue from "74-
R" General Urban Transect Zone -Restricted to "T5 -L" Urban Center Transect Zone -
Limited and denial to rezone 3516 NW 7 Avenue (less the westernmost 50 feet of the
property) from "T5 -L" Urban Center Transect Zone -Limited to the "T6 -8-L" Urban Core
Transect Zone -Limited.
PLANNING, ZONING AND APPEALS BOARD: Failed to make a recommendation by
supermajority vote on September 24, 2018.
City of Miami File ID: 4946 (Revision:) Printed On: 1/29/2019
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
.; Ordinance www.miamigov.com
Enactment Number:13816
File Number: 4946 Final Action Date: 12/13/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION OF LOTS 28 AND 29 OF THE EDEN PARK
PLAT FROM 74-R," GENERAL URBAN TRANSECT ZONE RESTRICTED, TO 75-1-,"
URBAN CENTER TRANSECT ZONE LIMITED, AND OF LOTS 3, 30, 31, AND 32 OF THE
EDEN PARK PLAT FROM 75-1-," URBAN CENTER TRANSECT ZONE LIMITED, TO 76-
8-L" URBAN CORE TRANSECT ZONE LIMITED, FOR APPROXIMATELY 0.79 ACRES
OF REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF
NORTHWEST 7 AVENUE AND NORTHWEST 35 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, 3516 NW 7th Ave LLC ("Applicant") submitted a request to change the
zoning classification of the westernmost fifty (50) feet of the dually designated property located
at 3516 Northwest 7 Avenue and of the property at 725 Northwest 35 Street (collectively,
"Western Parcel") from 74-R," General Urban Transect Zone Restricted, to 75-1-," Urban
Center Transect Zone Limited; and
WHEREAS, the Applicant submitted a request to change the zoning classification of the
dually designated property located at 3516 Northwest 7 Avenue less the westernmost fifty (50)
feet ("Eastern Parcel") (Western Parcel and Eastern Parcel collectively referred to as "Property,"
as further described in Exhibit 'A" attached and incorporated) from 75-1-," Urban Center
Transect Zone Limited, to 76-8-1-," Urban Core Transect Zone Limited; and
WHEREAS, the City of Miami's ("City") Planning Department, after analysis of the
requests, recommends approval of the change of zoning classification of the Western Parcel
from 74-R," General Urban Transect Zone Restricted, to 75-1-," Urban Center Transect Zone
Limited, and denial of the change of zoning classification of the Eastern Parcel from 75-1-,"
Urban Center Transect Zone Limited, to 76-8-1-," Urban Core Transect Zone Limited; and
WHEREAS, the Planning Department found the following:
The Miami Comprehensive Neighborhood Plan, particularly Policy LU 1.3.15 of the
Future Land Use Element, indicates that "[t]he City 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."
2. The request to change the zoning classification of the Western Parcel from 74-R,"
General Urban Transect Zone Restricted, to 75-1-," Urban Center Transect Zone
Limited, is consistent with the Miami Comprehensive Neighborhood Plan, more
particularly Policy LU -1.3.15 of the Future Land Use Element, because it encourages
a development pattern that enhances existing neighborhoods as it is part of a larger,
City of Miami File ID: 4946 (Revision:) Printed On: 1/29/2019
logical change that offers proper transitions to the properties south of the site which
are zoned 74-R," General Urban Transect Zone Restricted.
3. The request to change the zoning classification of the Eastern Parcel from 75-L,"
Urban Center Transect Zone Limited, to 76-8-1_," Urban Core Transect Zone
Limited, is inconsistent with the Miami Comprehensive Neighborhood Plan, more
particularly Policy LU -1.3.15 of the Future Land Use Element, as the change would
not enhance the development pattern of the neighborhood, it is not part of a larger
change, nor does it offer proper transitions to the properties zoned 74-R," General
Urban Transect Zone Restricted, to the south.
4. Pursuant to the City's Allapattah Planning Study ("Study"), the City's Planning staff
found that the existing accessibility to multi -modal transportation in the area that the
Property is located warrants a zoning designation of higher density and intensity.
5. The Study indicates that the existing condition of the area that the Property is located
may benefit from the additional diversity in uses created by the proposed change to
from 74-R," General Urban Transect Zone Restricted, to 75-L," Urban Center
Transect Zone Limited.
6. The change of zoning classification from 75-L," Urban Center Transect Zone
Limited, to 76-8-1_," Urban Core Transect Zone Limited, changes the nature of the
residential street within the neighborhood and allows more intensive uses than
currently exist to the south of the Property.
7. Both change of zoning classification requests are transitional from west to east;
however, the request to change the zoning classification from 75-L," Urban Center
Transect Zone Limited, to 76-8-1_," Urban Core Transect Zone Limited, is not
transitional from north to south.
8. The request to change the zoning classification from 74-R," General Urban Transect
Zone Restricted, to 75-L," Urban Center Transect Zone Limited, preserves
neighborhoods in an east to west and north to south orientation.
9. The request to change the zoning classification from 75-L," Urban Center Transect
Zone Limited, to 76-8-1_," Urban Core Transect Zone Limited, does not preserve
neighborhoods in a north to south orientation.
10. The change in zoning classification from 74-R," General Urban Transect Zone
Restricted, to 75-L," Urban Center Transect Zone Limited, is appropriate in light of
the intent of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of
Miami, Florida ("Miami 21 Code") and particularly in relation to the effects on abutting
properties.
11. The change in zoning classification from 75-L," Urban Center Transect Zone
Limited, to 76-8-1_," Urban Core Transect Zone Limited, is inappropriate in light of
the intent of the Miami 21 Code and particularly in relation to the effects on abutting
properties.
12. The change in zoning classification from 74-R," General Urban Transect Zone
Restricted, to 75-L," Urban Center Transect Zone Limited, maintains the goals of the
Miami 21 Code to preserve neighborhoods and provide transitions in intensity and
building height as the proposed zoning implements additional heights, densities, and
uses for development.
City of Miami File ID: 4946 (Revision:) Printed On: 1/29/2019
13. The change in zoning classification from 75-L," Urban Center Transect Zone
Limited, to 76-8-1_," Urban Core Transect Zone Limited, does not maintain the goals
of the Miami 21 Code to preserve neighborhoods or provide transitions in intensity
and building height as the proposed zoning implements additional heights, densities,
and uses for development; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
September 24, 2018, following an advertised public hearing and after due consideration, failed
to recommend approval of the change in zoning classification by a supermajority vote as
required by Section 7.1.1.4(4) of the Miami 21 Code as there was a motion to recommend
approval in part and denial in part, specifically approval of the proposed change of zoning
classification of the Western Parcel from 74-R," General Urban Transect Zone Restricted, to
75-L," Urban Center Transect Zone Limited, and denial of the proposed change of zoning
classification of the Eastern Parcel from 75-L," Urban Center Transect Zone Limited, to 76-8-
L," Urban Core Transect Zone Limited, which did not obtain the required supermajority votes as
four (4) members voted in favor of the motion and three (3) members voted against the motion;
and
WHEREAS, the City Commission has considered the Declaration of Restrictive
Covenants ("Covenant") voluntarily proffered by the Applicant, attached hereto and incorporated
herein as Exhibit "B," limiting the development of the subject Property by increasing the required
setback based on the proposed zoning along a portion of Northwest 35 Street from ten (10) feet
to twenty-five (25) feet where the subject Property abuts the residentially zoned properties to the
south; and
WHEREAS, the City Commission has considered whether the proposed change of
zoning classification will further the goals, objectives, and policies of the Comprehensive Plan,
the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change of zoning classification, including changing and changed conditions that make
the passage of the proposed change of zoning classification necessary; and
WHEREAS, the proposed change of zoning classification maintains the goals of the
Miami 21 Code to preserve neighborhoods a provide transitions in intensity and building height;
and
WHEREAS, the City Commission, after careful consideration of this matter and an
advertised public hearing, deems it advisable and in the best interest of the general welfare of
the City and its inhabitants to grant 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 the Miami 21 Code, as amended, is hereby further
amended by changing the zoning classification from 74-R," General Urban Transect Zone
Restricted, to 75-L," Urban Center Transect Zone Limited, for the Western Parcel and by
changing the zoning classification from 75-L," Urban Center Transect Zone Limited, to 76-8-L,
Urban Core Transect Zone Limited, for the Eastern Parcel, as more particularly described in
Exhibit "A", attached and incorporated.
City of Miami File ID: 4946 (Revision:) Printed On: 1/29/2019
Section 3. The voluntary Covenant proffered by the Applicant, attached and
incorporated as Exhibit "B", is accepted and approved by the City Commission.
Section 4. The Applicant shall record the Covenant, attached and incorporated as
Exhibit "B", within thirty (30) days of the effective date of this Ordinance.
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. 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 7. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to Sections 163.3187(5)(c) and
163.3184(12), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
1
"na dez, City Httor iey 11/2/2018
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: 4946 (Revision:) Printed On: 1/29/2019