HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 17942
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OR MIAMI, AS
AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING
CLASSIFICATION FROM "T5-L," URBAN CENTER ZONE — LIMITED, TO
"T5-O," URBAN CENTER ZONE -OPEN, OF THE PROPERTY
GENERALLY LOCATED AT 349 SOUTHWEST 12TH STREET, 375
SOUTHWEST 15TH ROAD, 1109 AND 1131 SOUTHWEST 4TH
AVENUE, AND 364 SOUTHWEST 11TH STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND
INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Generally, 349 SW 12 St, 375 SW 15 Rd, 1109 and 1131 SW 4 Ave, and
364 SW 11 St
APPLICANT(S): Ines Marrero-Priegues, on behalf of MF2, LLC, KLA Elementary, LLC,
and Pablo Lopez
PURPOSE: This will change the above property from "T5-L" Urban Center Transect
Zone -Limited to "T5-O" Urban Center Transect Zone -Open
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: On July 5, 2023, the motion to
recommend approval failed due to a lack of a supermajority vote. The vote was 4-3.
City of Miami File ID: 17942 (Revision:) Printed On: 11/12/2025
City of Miami
Legislation
Ordinance
Enactment Number:14406
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 17942 Final Action Date: 10/23/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OR MIAMI, AS
AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING
CLASSIFICATION FROM "T5-L," URBAN CENTER ZONE — LIMITED, TO
"T5-O," URBAN CENTER ZONE -OPEN, OF THE PROPERTY
GENERALLY LOCATED AT 349 SOUTHWEST 12TH STREET, 375
SOUTHWEST 15TH ROAD, 1109 AND 1131 SOUTHWEST 4TH AVENUE,
AND 364 SOUTHWEST 11TH STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property generally located at 349 Southwest 12th Street, 375 Southwest
15th Road, 1109 and 1131 Southwest 4th Avenue, and 364 Southwest 11th Street, Miami,
Florida (collectively the "Property") is zoned "T5- L," Urban Center Transect Zone -Limited; and
WHEREAS, MF2 LLC, KLA Elementary, LLC, and Pablo Lopez (collectively, the
"Applicant") submitted a request to change the zoning classification from "T5-L," Urban Center
Transect Zone -Limited, to "T5-O," Urban Center Transect Zone — Open; and
WHEREAS, the Property is an assemblage of five (5) parcels totaling approximately
63,410 square feet (±1.45 acres gross) of land; and
WHEREAS, the Future Land Use Map designation for the Property is Medium Density
Restricted Commercial; and
WHEREAS, the request to rezone the Property from the "T5-L" Transect Zone to "T5-O"
Transect Zone is consistent with the Property's existing future land uses ("FLU"), therefore, a
concurrent Comprehensive Plan Amendment is not required; and
WHEREAS, the Property encompasses the city block bounded by Southwest 11th Street
to the North, Interstate-95 to the East, Southwest 12th Street and Southwest 15th Road to the
South, and Southwest 4th Avenue to the West; and
WHEREAS, the parcel at 349 Northwest 12th Street is developed with a two-story
building, constructed in 1934, and the parcel located at 364 Southwest 11th Street is developed
with a two-story multi -family building constructed in 1948; and
WHEREAS, the three (3) parcels located at 375 Southwest 15th Road and 1109 and
1131 Southwest 4th Avenue, are the site of a new KLA Preschool and Elementary School
approved pursuant to Planning Warrant No. 2017-0084; and
City of Miami File ID: 17942 (Revision:) Printed On: 11/12/2025
WHEREAS, zoning designations are found to be: "T4-R" to the North, "T4-O" to the
South, and "CS" and "T3-O" to the West of the Property; and
WHEREAS, there is no "T5-O" in the vicinity of the Property; and
WHEREAS, the Property falls within the boundaries of the Brickell Metrorail Transit
Oriented Development ("TOD") Area and is located within a quarter mile of the Southwest 3rd
Avenue Transit Corridor; and
WHEREAS, the Property was zoned "R-3" Multifamily Medium -Density Residential under
the previous Zoning Code, Ordinance No. 11000, which permitted 65 dwelling units per acre;
and
WHEREAS, the Planning Department found that the proposed "T5-O," Urban Center
Transect Zone — Open, classification will not result in an increase in Density, but unlocks the
potential for a development comprised entirely of office and commercial uses, adjacent to a
residential neighborhood; and
WHEREAS, the Planning Department found this request to rezone the Property is
inconsistent with the City of Miami Neighborhood Comprehensive ("MCNP") Land Use Policies,
LU-1.1.3 and LU-1.6.9, as the Property is in an established residential neighborhood and the
proposed change could permit the development of a five -story office or commercial building and
would introduce traffic and congestion into an established neighborhood making the request
inconsistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.1(a); and
WHEREAS, the Planning Department found there have been no changes to the Miami
21 Code Zoning Atlas boundaries in the vicinity of the Property since the adoption of Miami 21
that would justify or deem the change necessary pursuant to Miami 21 Code, Article 7, Section
7.1.2.8.f.1(b); and
WHEREAS, the Applicant states in their letter of intent that the proposed rezoning is
requested to permit the property owner at 349 Southwest 12th Avenue (MF2 LLC) "to use the
entirety of the existing building as commercial and office use;" and
WHEREAS, the Applicant also stated in their letter of intent that "the property owned by
Lopez plans to remain the same" however, should Mr. Lopez choose in the future, given his
parcel is located next to Interstate 95, to use it as commercial and/or office space, the rezone
will allow him that flexibility; and
WHEREAS, the Planning Department found the rezone application is consistent with
Miami 21 Code, Article 7, Section 7.1.2.8.f.2 in that the proposed change from "T5-L" to "T5-O"
is successional; however, represents an increase in Office and Commercial intensity within
established T3 and T4 neighborhoods; and
WHEREAS, the Planning Department found the proposed zoning change from "T5-L" to
"T5-O" can be deemed inappropriate in light of the intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends denial of the rezoning application
from "T5-L" Urban Center Transect Zone —Limited to "T5-O" Urban Center Transect Zone -
Open; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on July 5,
2023, following an advertised public hearing, made a motion recommending approval of Item
City of Miami File ID: 17942 (Revision:) Printed On: 11/12/2025
No. PZAB.1, Resolution No. PZAB-23-007, which failed by a vote of four to five [4-3] due to lack
of the required supermajority votes; and
WHEREAS, considered was given to the need and justification for the proposed change,
including changing and changed conditions that make the passage of the propose change
necessary; and
WHEREAS, consideration was given to whether the proposed zoning change is
appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects
on adjoining properties; and
WHEREAS, consideration was given to whether the proposed change 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 of Miami and its inhabitants
to grant this zoning change as hereinafter set forth;
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations;
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 City Commission approves the amendment to the Zoning Atlas of the
Miami 21 Code, by changing the zoning classification from "T5-L," Urban Center Zone- Limited,
to "T5-O," Urban Center Zone- Open, for the Property generally located at 349 Southwest 12
Street, 375 Southwest 15 Road, 1109 and 1131 Southwest 4 Avenue, and 364 Southwest 11
Street, Miami, Florida, 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. This Ordinance shall become effective day (10) days after second reading
and adoption thereof.'
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wyy ng II , C y ttor -y 10/8/2025
1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 canon the effective date stated herein whichever is later
City of Miami File ID: 17942 (Revision:) Printed On: 11/12/2025