HomeMy WebLinkAboutO-13823City of Miami
Ordinance 13823
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5096 Final Action Date: 1/24/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"),
BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUBURBAN
TRANSECT ZONE -OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE -
OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 2550, 2542, 2534,
2522, AND 2512 SOUTHWEST 1 STREET AND 2551, 2541, 2535, 2527, AND
2515 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AND BY CHANGING THE
ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN TRANSECT
ZONE -LIMITED, TO "T4-O," GENERAL URBAN TRANSECT ZONE -OPEN, FOR
THE PROPERTIES GENERALLY LOCATED AT 2612 AND 2600 SOUTHWEST
1 STREET AND 2611 AND 2601 SOUTHWEST 2 STREET, MIAMI, FLORIDA,
WITH ALL PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY
PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT
"B"; APPROVING THE REQUEST TO WAIVE THE EIGHTEEN (18) MONTH
TIME LIMITATION AS SPECIFIED IN ARTICLE 7, SECTION 7.1.2.8(G)(7) OF
MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami Duplex Rental LLC, SW 2nd Street Investments LLC, and Little
Havana Rentals LLC (collectively, "Applicant"), on behalf of the property owner, Leon Family
Holdings, LLC, submitted a request to change the zoning classification of the properties located
at 2550, 2542, 2534, 2522, and 2512 Southwest 1 Street (collectively, "Eastern Lots") from "T3-
0," Suburban Transect Zone -Open, to "T4-O," Urban Transect Zone -Open, in accordance with
Article 7, Section 7.1.2.8 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"); and
WHEREAS, the Applicant also submitted a request to change the zoning classification of
the properties located at 2612 and 2600 Southwest 1 Street and 2611 and 2601 Southwest 2
Street (collectively, "Western Lots") from "T4-L," Urban Transect Zone -Limited, to "T4-O," Urban
Transect Zone -Open, in accordance with Article 7, Section 7.1.2.8 of the Miami 21 Code; and
WHEREAS, both the Eastern Lots and the Western Lots (collectively, "Properties") are
more particularly described in Exhibit "A," attached hereto and incorporated herein by reference;
and
WHEREAS, the Applicant has also requested to waive the eighteen (18) month time
limitation as specified in Article 7, Section 7.1.2.8 (g)(7) of the Miami 21 Code; and
WHEREAS, the Properties are approximately 112,500 square feet (2.58 acres) in size
and located in the Little Havana Neighborhood Enhancement Team area; and
City of Miami Page 1 of 4 File ID: 5096 (Revision:) Printed On: 4/15/2025
File ID: 5096 Enactment Number: 13823
WHEREAS, pursuant to the Letter of Intent submitted by the Applicant, the purpose of
the change of zoning classification is to provide additional parking for the existing civic intuitional
use abutting the Properties; and
WHEREAS, the proposed change of zoning classification will increase the allowed
density from eighteen (18) dwelling units per acre to thirty-six (36) dwelling units per acre; and
WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive
Covenants ("Covenant") limiting the development of the Properties as further depicted in Exhibit
"B," attached and incorporated; and
WHEREAS, the Applicant's Covenant proposes:
1. That a ten -foot (10') landscape buffer be provided along Southwest 1 Street and
Southwest 2 Street, Miami, Florida.
2. That street trees be provided along Southwest 1 Street and Southwest 2 Street
at a maximum average spacing of thirty feet (30') on center in accordance with Article 9, Section
9.5.3.b of the Miami 21 Code; and
WHEREAS, the Covenant lists development restrictions that are already required in
Article 8, Illustration 4 of the Miami 21 Code as well as the minimum standards listed in Article 9
of the Miami 21 Code; and
WHEREAS, the Planning Department recommends denial of the proposed change of
zoning classification from "T3-O," Suburban Transect Zone -Open, and "T4-L," General Urban
Transect-Limited, to "T4-O," General Urban Transect-Open, as it is an intrusion of intensity and
density into the neighborhood, which is predominantly composed of low -scale residential uses;
and
WHEREAS, the Planning Department further finds that the proposed change of zoning
classification on the Western Lots from "T4-L," General Urban Transect-Limited, to "T4-O,"
General Urban Transect-Open, is unnecessary as parking facilities are permitted under the
existing "T4-L," General Urban Transect-Limited designation; and
WHEREAS, the Planning Department further finds that the proposed change of zoning
classification of the Properties to "T4-O," General Urban Transect-Open, permits a variety of
non-residential uses within a predominantly residential area; and
WHEREAS, the Planning Department further finds that there are no "T4-O," General
Urban Transect-Open, Transect Zones within a 1,000-foot radius of the Properties, which
increases development capacity and uses that are not available to neighboring properties; and
WHEREAS, the Planning Department further finds that the proposed change of zoning
classification is inconsistent with the rezoning criteria of the Miami 21 Code as it does not further
the Miami Comprehensive Neighborhood Plan ("MCNP"), specifically Goal LU-1 of the MCNP to
encourage development in the existing commercial areas of the City of Miami ("City"); and
WHEREAS, the Planning Department recommends denial of the request to waive the
eighteen (18) month time limitation as established in Article 7 of the Miami 21 Code as it would
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further allow the loss of the buffer created by the existing "T4-L," General Urban Transect-
Limited, between the "T6-8-O," Urban Core Transect-Open, to the west and the "T3-O,"
Suburban Transect-Open, to the east; and
WHEREAS, the Planning Department further finds that the requested waiver of the time
limitation for an eventual establishment of a "T6-8-O," Urban Core Transect-Open, is not
justified and would impose uses on the neighboring T3 and T4 Transect Zones; and
WHEREAS, the Planning Department recommends that changing the zoning
classification of the Properties to "Cl," Civic Institution, may be an appropriate alternative for any
future expansion of the existing civic institutional use abutting the Properties as a change in
zoning to "Cl," Civic Institution, allows for the consideration of buffering between the existing
neighborhood and dissimilar uses; and
WHEREAS, Article 4, Table 3 of the Miami 21 Code indicates that an Exception is
required for new development applications in a "Cl," Civic Institution, which would require
noticing and a public hearing where stakeholders are given the opportunity to weigh in on
changes that may affect their community as specifically set forth in Article 7, Section 7.1.2.6 of
the Miami 21 Code; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") at its meeting on
October 3, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-
052 by a vote of seven to two (7-2), item No. PZAB.3, recommending approval of the proposed
change of zoning classification as requested and approval of the request to waive the eighteen
(18) month time limitation as specified in Article 7, Section 7.1.2.8(g)(7) of the Miami 21 Code;
and
WHEREAS, consideration has been given to the goals, objectives, and policies of the
MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, consideration has been given to the need and justification for the proposed
change of zoning classification, including changing and changed conditions that would make the
passage of the proposed change of zoning classification necessary; and
WHEREAS, the City Commission finds that the proposed change of zoning classification
maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in
intensity and building height; 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 and its inhabitants to
approve this amendment to the Zoning Atlas of the Miami 21 Code and to approve the request
to waive the eighteen (18) month time limitation as specified in Article 7, Section 7.1.2.8 (g)(7) of
the Miami 21 Code;
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 is amended by changing the
zoning classification from "T3-O," Suburban Transect Zone -Open, to "T4-O," Urban Transect
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Zone -Open, for the Easter Lots, as more particularly described in "Exhibit A", attached and
incorporated.
Section 3. The Zoning Atlas of the Miami 21 Code is amended by changing the
zoning classification from "T4-L," Urban Transect Zone -Limited, to "T4-O," Urban Transect Zone
-Open, for the Western Lots, as more particularly described in "Exhibit A", attached and
incorporated.
Section 4. The City Commission approves the request to waive the eighteen (18) month
time limitation as specified in Article 7, Section 7.1.2.8 (g)(7) of the Miami 21 Code.
Section 5. The voluntary Covenant proffered by the Applicant, attached and
incorporated as Exhibit "B", is accepted and approved by the City Commission.
Section 6. The Applicant shall record the Covenant, attached and incorporated as
Exhibit "B", within thirty (30) days of the effective date of this Ordinance.
Section 7. 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 8. 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 9. 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:
ndez, City Attor ey ) 11/30/2018
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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