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Miami, FL 33133
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File Number: 14-01201zc Final Action Date:
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 OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTIES LOCATED BETWEEN SOUTH RIVER DRIVE,
INTERSTATE 95 AND SOUTHEAST 4TH AVENUE TO THE SOUTH OF MIDBLOCK
OF SOUTHWEST 6TH STREET, AND THE NORTH OF MIDBLOCK OF
SOUTHWEST 2ND STREET, THE SOUTH RIVER DRIVE HISTORIC DISTRICT
AND THE HISTORIC J.W. WARNER HOUSE, AS IDENTIFIED IN EXHIBIT "B,"
ENTITLED "PROPOSED ZONING AREA KEY MAP," EXCLUDING 129
SOUTHWEST 4TH AVENUE, MIAMI, FLORIDA, 135 SOUTHWEST SOUTH RIVER
DRIVE, MIAMI, FLORIDA, RIVERSIDE PARK, AND JOSE MARTI PARK; MORE
SPECIFICALLY:
AREA A:
SECTION A-1:
CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT
ZONE -RESTRICTED" TO T5-O "URBAN CENTER TRANSECT ZONE -OPEN" FOR
THE PROPERTIES APPROXIMATELY LOCATED BETWEEN SOUTHWEST 1ST
STREET AND SOUTHWEST 2ND STREET, BETWEEN SOUTHWEST 5TH
AVENUE AND THE MIAMI RIVER, INCLUDING THE SOUTH RIVER DRIVE
HISTORIC DISTRICT AND THE HISTORIC J.W. WARNER HOUSE, AND
EXCLUDING THE PROPERTIES APPROXIMATELY LOCATED AT 129
SOUTHWEST 4TH AVENUE AND 135 SOUTHWEST SOUTH RIVER DRIVE, MIAMI,
FLORIDA; AND
SECTION A-2:
CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT
ZONE -RESTRICTED" TO CI "CIVIC INSTITUTIONAL," FOR THE EASTERN 2.18 +/-
ACRES PORTION OF THE PROPERTY APPROXIMATELY LOCATED AT 660
SOUTHWEST 3RD STREET, MIAMI, FLORIDA, AKA "ADA MERRITT K-8
LEARNING CENTER"; AND
SECTION A-3:
CHANGE OF ZONING FROM CI "CIVIC INSTITUTIONAL" TO T5-L "URBAN
CENTER TRANSECT ZONE -LIMITED," FOR THE PROPERTY APPROXIMATELY
LOCATED AT 660 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, AKA "HOPE
CENTER, INC."; AND
SECTION A-4:
CHANGE OF ZONING FROM T5-L "URBAN CENTER TRANSECT ZONE -LIMITED"
TO T6-8-O "URBAN TRANSECT ZONE -OPEN," FOR THE PROPERTIES
FRONTING THE EAST SIDE OF SOUTHWEST 8TH AVENUE ALONG THE NORTH
AND SOUTH SIDE OF SOUTHWEST 7TH STREET, MIAMI, FLORIDA, AS
IDENTIFIED IN EXHIBIT "C"; AND
SECTION A -A:
CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT
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ZONE -RESTRICTED" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED,"
FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN NORTH OF
MIDBLOCK SOUTHWEST 2ND STREET, AND SOUTH OF MIDBLOCK OF
SOUTHWEST 6TH STREET BETWEEN SOUTHWEST 8TH AVENUE AND THE
MIAMI RIVER AND INTERSTATE 95, MIAMI, FLORIDA, EXCLUDING JOSE MARTI
PARK, RIVERSIDE PARK, AND SECTION A-1, A-2, A-3, AND A-4; AND
AREA B
SECTION B-1:
CHANGE OF ZONING FROM T4-L "GENERAL URBAN TRANSECT
ZONE -LIMITED," TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," AND
T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" TO T6-8-O "URBAN
TRANSECT ZONE -OPEN," FOR THE PROPERTIES FRONTING THE WEST SIDE
OF SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 2ND STREET AND
SOUTHWEST 7TH STREET, INCLUDING 835 SOUTHWEST 7TH STREET, 822
SOUTHWEST 6TH STREET, AND 142 SOUTHWEST 8TH AVENUE, MIAMI,
FLORIDA, ALONG WITH THE PARCELS 639 SOUTHWEST 8TH AVENUE, 639
SOUTHWEST 8TH AVENUE, AND 775 SOUTHWEST 8TH STREET, MIAMI,
FLORIDA; AND
SECTION B-2:
CHANGE OF ZONING FROM T4-L "GENERAL URBAN TRANSECT ZONE -LIMITED"
TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED," FOR THE PROPERTIES
APPROXIMATELY LOCATED AT 1153 SOUTHWEST 2ND STREET, 128
SOUTHWEST 11TH AVENUE, 136 SOUTHWEST 11TH AVENUE, 1101
SOUTHWEST 2ND STREET, 1107 SOUTHWEST 2ND STREET, AND THE
SOUTHERN PORTION OF THE LOT FRONTING SOUTHWEST 2ND STREET,
IDENTIFIED AS 1150 SOUTHWEST 1ST STREET, MIAMI, FLORIDA; AND
SECTION B-B:
CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT
ZONE -RESTRICTED" TO T5-R "URBAN CENTER TRANSECT
ZONE -RESTRICTED," FOR MULTIPLE PARCELS IN AN AREA GENERALLY
BOUNDED BY THE NORTH MIDBLOCK OF SOUTHWEST 2ND STREET, THE
SOUTH MIDBLOCK OF SOUTHWEST 6TH STREET, AND THE WEST MIDBLOCK
OF SOUTHWEST 11TH TO SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA,
EXCLUDING SECTION B-1 AND B-2;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 17, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-080
by a vote of four to four (4-4), item PZAB.9, recommending DENIAL of the Zoning Change as set
forth; and
WHEREAS, the PZAB, pursuant to Article 7, Sections 7.1.2.8(b)(2) and 7.1.2.8(b)(3) of Ordinance
No. 13114, as amended, denied the request fora change of zoning as identified above; and
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WHEREAS, as part of the bi-annual zoning comprehensive review, the Planning and Zoning
Department ("Department") seeks to align the area with a zoning designation that is appropriate with
the current character and future development needs of the neighborhood pursuant to Exhibit "B"; and
WHEREAS, the subject area was predominantly developed in the early 1900s, as a suburban
single-family neighborhood located West of downtown Miami as part of the Riverview and Lawrence
Subdivision; and over time, the area experienced an economic decline and demographic shift,
resulting in a discontinuity of uses and building types; and
WHEREAS, due to the evolving market development trends, the area experienced a proliferation
of multifamily residential buildings, and single-family homes modified and converted into multifamily
dwellings, and/or commercial establishments of which some are inconsistent with the underlying
zoning or land use designation; and
WHEREAS, in studying the patterns, uses, and building stock in the aforementioned area, the
Department proposed a rezoning of the subject area as identified in Exhibit "B"; and
WHEREAS, the proposed rezoning would align the area with a zoning designation that is
appropriate with the current character and future development needs of the neighborhood; and
WHEREAS, in addition, the Department has identified an eclectic collection of intact building
structures and city blocks that represent various styles of architecture, including, but not limited to,
Mediterranean, Spanish, American Colonial, Bungalow, and Craftsman West of Southwest 8th
Avenue, as identified in Exhibit "B"; and said styles of architecture are indicative of the time period
during which the area first developed; and
WHEREAS, the Department is working with the Office of Historic Preservation to further identify
and analyze the existing building inventory in accordance with Policy LU-2.1.1 and Goal LU-2 of the
Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the requested zoning designations as proposed in Exhibit "B" are found to be
inconsistent with the current MCNP designation as per Exhibit "C," entitled "Existing and Proposed
Land Use"; however, the existing character and density of the area is consistent with the proposed
land use modifications as proposed under the Comprehensive Plan, as such, staff has submitted a
companion item under File ID 14-012011u with this request to amend the land use designations for
said parcels; and
WHEREAS, it is found that the proposed zoning designations are aligned with the rezoning
criteria under Article 7, Sections 7.1.2.8(b)(2) and 7.1.2.8(b)(3) of the Miami 21 Code, as per the
background section of the staff analysis change of zoning report, which is hereby incorporated and its
corresponding criteria by reference; and
WHEREAS, it is found that the Riverview and Lawrence neighborhoods form part of the Little
Havana Neighborhood Enhancement Team Area, and over time the area developed in an inconsistent
pattern; and said area is dotted with midrise multifamily residential buildings amongst single-family
homes that were converted into multifamily and commercial structures; and
WHEREAS, this has resulted in a discontinuity of uses and building types, some of which do not
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conform to the current underlying zoning and land use designations; in addition, a portion of the ADA
Merritt K-8 Learning Center School is zoned T4-R versus CI, and Hope Center, Inc. is zoned CI
versus T5-L; and as part of the biannual zoning comprehensive review, the Department seeks to align
the area with a zoning designation that is appropriate with the current character and future
development needs of the neighborhood pursuant to Exhibit "B"; and
WHEREAS, staff finds the proposed rezoning to be successional and consistent with the goals of
the Miami 21 Code, as the proposal is compatible with the surrounding zoning districts; and
WHEREAS, the proposed rezoning will contribute to the improvement of development of
properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed rezoning conveys the same treatment to the individual owners as to the
owners within the same classification and the immediate area and furthers the protection of the public
welfare; 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 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 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 as described in "Exhibit B," 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.
Section 4. 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 of the City of Miami, Florida, as amended, 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 5. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
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Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days (10) 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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