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Ordinance
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3500 Pan American Drive
Miami, FL 33133
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File Number: 1403
ITEM TO BE WITHDRAWN
Final Action Date: 1/26/2017
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
City of Miami Page 1 of 4 File ID: 1403 (Revision:) Printed On: 1/16/2025
File ID: 1403 Enactment Number:
SECTION A -A:
CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT 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 Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 17, 2014, following an advertised public hearing, voted four to four (4-4) on
Resolution No. PZAB-R-14-080, item PZAB.9, recommending DENIAL of the zoning change as
set forth herein, effecting a denial; and
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File ID: 1403 Enactment Number:
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 "A"; 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 "A"; 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 "A"; 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 "A" are found to
be inconsistent with the current MCNP designation as per Exhibit "B", 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 No. 1402 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 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
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File ID: 1403 Enactment Number:
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 "A";
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 the Miami 21 Code is further amended by changing
the zoning classification as 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 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, 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 Section 163.3187(3)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
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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