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Home My WebLink AboutO-14255City of Miami Ordinance 14255 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14986 Final Action Date: 1/25/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY APPROXIMATELY LOCATED AT 118 SOUTHWEST SOUTH RIVER DRIVE AND 437 AND 445 SOUTHWEST 2 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, River Inn SRD, LLC ("Applicant") owns the properties generally located at located at 118 Southwest South River Drive and 437 and 445 Southwest 2 Street, Miami, Florida (collectively the "Property"); and WHEREAS, the Property is 1.637 ± acres in size and is located in east Little Havana, close to the Miami River; and WHEREAS, the Applicant has submitted a request to change the zoning classification from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open; and WHEREAS, the Applicant has submitted a companion Comprehensive Plan Amendment (PZ-19-4230) to change the Future Land Use designation of the Property from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial"; and WHEREAS, the Property, except for the parcel at 445 Southwest 2 Street, comprise the majority area of the South River Drive Historic District, designated in 1987 through Ordinance 10213; and WHEREAS, the Property has continuously contained some type of hotel or transient residential use since its development in 1908; and WHEREAS, the South River Drive District Designation Report identified four (4) contributing and five (5) non-contributing structures on the Property; and WHEREAS, the State of Florida's Division of Historical Resources listed 118 Southwest South River Drive, 445 Southwest 2nd Street, and 437 Southwest 2nd Street on the National Register of Historic Places, as the "South River Drive Historic District" on March 30, 1987; and WHEREAS, the Property is located along the Southwest 1 Street Transit Corridor and within the Government Center Transit Oriented Development ("TOD"); and City of Miami Page 1 of 4 File ID: 14986 (Revision:) Printed On: 7/21/2025 File ID: 14986 Enactment Number: 14255 WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") provide that a change to the Miami 21 Code Atlas may be made only to the next Transect Zone and shall maintain the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the Planning Department reviewed the application and found that the proposed zoning change from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, is successional; and WHEREAS, a review of Ordinance No. 11000, the former Zoning Ordinance of the City of Miami, shows that the Property along with the remainder of the properties on the south side of Northwest North River Drive were designated "R-3," Multifamily Medium -Density Residential Zoning District, which is similar to the Miami 21 Code "T5-L," Urban Center Transect Zone — Limited, and "T5-O," Urban Center Transect Zone - Open (65 DU/AC); and WHEREAS, the Property and others located to the east were zoned "R-3" under Ordinance No. 11000, the former Zoning Ordinance of the City of Miami, and, with the adoption of Ordinance No. 13114, the Miami 21 Code, these properties were downzoned to "T4-R," General Urban Transect Zone — Restricted (36 DU/AC), to buffer the single-family residential properties at the center of the Historic District from the encroachment of incompatible Uses, Height, and Density; and WHEREAS, no recent changes have been made to the Transect boundaries in the area since the adoption of Miami 21 Code; and WHEREAS, the Applicant has provided an analysis that reveals that several multifamily residential buildings have been constructed in the areas to the north, east, and south of the Property; and WHEREAS, these projects were designed in accordance with the underlying development standards at the time they were entitled, and correspond to the transitional development pattern that was established with the adoption of Miami 21 Code; and WHEREAS, the Planning Department Staff found Future Land Use Map ("FLUM") Density under the permissible development limit in the neighborhood analysis of SW South River Drive — East Little Havana; and WHEREAS, the requested change in zoning from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, will increase the maximum Density allowed from 36 DU/AC to 65 DU/AC and the maximum number of stories from three (3), 40-feet maximum, to five (5), 81-feet maximum By Right; and WHEREAS, the increase in Density, Height, and development capacity are compatible with the historic development patterns within this neighborhood which are primarily low and medium density residential; and WHEREAS, Historic & Environmental Preservation Board ("HEPB") Resolution No. HEPB-R-15-101 (Legistar File ID 15-01327), with an Enactment date of November 3, 2015, approved an application for a Special Certificate of Appropriateness for Exceptions to non- contributing and contributing structures located at 118 Southwest South River Drive, 445 City of Miami Page 2 of 4 File ID: 14986 (Revision:) Printed on: 7/21/2025 File ID: 14986 Enactment Number: 14255 Southwest 2nd Street, and 437 Southwest 2nd Street, within the South River Drive Historic District; and WHEREAS, the Applicant was granted three (3) Uses on the Property: 1) to permit a Hotel Use, 2) to permit an accessory Food Service Establishment Use, and, 3) to permit Outdoor Dining Area Use to non-contributing and contributing structures; and WHEREAS, the current Uses (Lodging, Food Service Establishment, and Outdoor Dining Area)), as approved under HEPB-R-15-101, are prohibited per Article 4, Table 3 of Miami 21 Code for the "T4-R" Transect Zone; and WHEREAS, the Applicant seeks to align the three Uses (Lodging, Food Service Establishment, and Outdoor Dining Area) as approved under HEPB-R-15-101 with Miami 21 Code through this Rezoning application from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open; and WHEREAS, the requested change in zoning does further the goals and objectives of the Miami Neighborhood Comprehensive Plan; and WHEREAS, the proposed change does maintain the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, the proposed zoning change is deemed appropriate considering the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the requested change is consistent with the intent of Chapter 23 of the City Code of Ordinances, as amended, and the Intent and Guiding Principles of Article 2 of Miami 21 Code; and WHEREAS, the Planning Department recommends approval for the request to change the zoning designation for the Property from "T4-R" General Urban — Restricted to "T5-O" Urban Center — Open, as the application does not meet the criteria as set forth in Article 7, Section 7.1.2.8 of Miami 21 Code, as amended; and WHEREAS, the Planning, Zoning and Appeals Board("PZAB"), at its meeting on November 1, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23- 116 by a vote of eight to zero (8-0), Item No. PZAB.8, upon a motion to recommend approval of the rezoning application; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami 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, including changing and changed conditions that make the passage of the propose change necessary; 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 recommend approval of this amendment to the Miami 21 Code Zoning Atlas, as hereinafter set forth; City of Miami Page 3 of 4 File ID: 14986 (Revision:) Printed on: 7/21/2025 File ID: 14986 Enactment Number: 14255 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 hereby amended by changing the zoning classification from "T4-R" General Urban — Restricted to "T5-O" Urban Center — Open for the Property located at 118 Southwest South River Drive and 437 and 445 Southwest 2 Street, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor 12/3/2023 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. City of Miami Page 4 of 4 File ID: 14986 (Revision:) Printed on: 7/21/2025