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Home My WebLink AboutAnalysis and MapsCity of Miami Planning Department ANALYSIS FOR REZONE Staff Analysis Report No. PZ-25-18998 Location 601 Southwest 9 Street 840 Southwest 6 Avenue Folio Number(s) 01-0206-020-1150 01-0206-020-1160 Miami 21 Transect "T6-8-O," Urban Core Transect Zone — Open "T5-L," Urban Center Transect Zone — Limited MCNP Designation Restricted Commercial Medium Density Restricted Commercial Commission District Commission District 3 — Joe Carollo Commissioner District Office Little Havana Planner Amber Forte, aforte@miamigov.com Property Owner MAR 601 LLC, ckoshal@brzoninglaw.com Project Representative Carli Koshal, ckoshal@brzoninglaw.com Recommendation Denial A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, Carli Koshal, on behalf of MAR 601 LLC (the "Applicant") requests to change the zoning designation from "T5-L" Urban Center Transect Zone — Limited to "T6-8-O" Urban Core Transect Zone — Open of the properties located approximately at 601 Southwest 9 Street and 840 Southwest 6 Avenue, Miami, Florida 33131 (the "Property"). T5-O TS-L T4.R Z Figure 1: Existing Miami 21 Designation Sly'VH sr 1 Figure 2: Proposed Miami 21 Designation B. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Miami 21, as amended, the Planning Department recommends Denial based upon the facts and findings in this staff report. C. BACKGROUND On January 23, 2025, the Applicant applied for a Rezone and Concurrent Future Land Use Map Amendment (FLUM) for the properties located at 601 Southwest 9 Street, and 840 Southwest 6 Avenue ("the Property"). The Property consists of two (2) parcels located between Southwest 8 Street and Southwest 9 Avenue and have an area of approximately 14,866.33 square feet (0.34 acres), and have the "T5-L," Urban Center Transect Zone — Limited, refer to Table 1. In 2018 and 2021 both properties were purchased and later demolished by the applicant. The existing "T5-L," Urban Center Transect Zone — Limited zoning designation is consistent with what existed under the 11000 Code which was "R-3" Multifamily Medium -Density Residential with an SD-12 Special Buffer Overlay. "R-3" allowed for a density of 65 dwelling units per acre, and the "SD-12" Overlay allowed properties between residential and commercial zones to have parking lots as a buffer between the commercial and residential zones. Prior to the 11000 Code, it was zoned RG-2 / 5 under the 9500 Code. Proposal The Property is approximately 14,866.33 square feet or 0.34 acres. The Applicant proposed a Rezone of the Property from "T5-L", Urban Center Transect Zone — Limited to "T6-8-O" Urban Core Transect Zone — Open. Address Existing Zoning Area in Square Feet Proposed Zoning Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 2 840 SW 6 Avenue "T5-L," Urban Center Transect Zone — Limited "T6-8-O," Urban Core Transect Zone — Open 601 SW 9 Street "T5-L," General Urban Transect Zone — Limited "T6-8-O," Urban Core Transect Zone — Open Total Area: 14,866.33 sq. ft. or 0.34 acres Table 1. Existing and Proposed Transect Zoning Surrounding Uses Currently, the parcels located at 840 Southwest 6 Avenue and 601 Southwest 9 Street are vacant unimproved lots. The Property Abuts "T6-8-O," Urban Core Transect Zone — Open to the north, "T4-R," General Urban Transect Zone — Restricted to the south, and "T5-L," Urban Center Zone — Limited to the east and west. To the south and the west of the Property the Uses are heavily residential with there being a multi -family dwelling across from the Property and a twelve -unit multi -family building abutting the Property to the west. Surrounding Uses Miami 21 Code MCNP / Density Existing Use North "T6-8-O" Urban Core Zone — Limited Restricted Commercial, 150 du per acre Auto Related Commercial; Auto Sales, Vehicle Storage, and Repair South "T5-L" Urban Center Zone — Limited Medium Density Multifamily Residential, 65 du per acre Multi -Family Low -Density Residential, under 25 du per acre East "T5-L" Urban Center Zone — Limited Medium Density Restricted Commercial, 65 du per acre Public Parking Lot West "T5-L" Urban Center Zone - Limited Medium Density Restricted Commercial, 65 du per acre Multi -Family Low -Density Residential, under 25 du per acre Table 2. Surrounding Uses Site Location The Property is located in the Little Havana neighborhood, about '/4 mile west of 1-95 and less than 1,000 feet north of The Roads neighborhood. The Property itself acts as a buffer between the commercial corridor of SW 8 ST (Calle Ocho) to the north and the duplex residential neighborhood to the south. The duplex residential neighborhood to the south also acts as a buffer between the commercial activity of Calle Ocho and The Roads neighborhood, which is primarily single-family. Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 3 Figure 1: Aerial of the Property Site Visit Staff conducted a site visit on Friday May 23, 2025. Staff noticed a variety of Commercial Uses, including Car Dealerships, Storage Facilities, and General Commercial Service Facilities. Additionally, along Southwest 8 Street is Miami -Dade Bus Stop Route 8 to Brickell Station, making it a transit corridor. Adjacent to the north of the Subject Property are Auto - Related Commercial Uses. Staff noticed some vehicular storage encroachment from the Auto - Related Commercial Uses three blocks north of the Subject Property, along Southwest 5 Street in what appeared to be a paved storage lot for cars in the middle of a "T4-R" Neighborhood on an additional drive through the surrounding area. To the east of the Subject Property are Auto -Related Commercial Uses and a Public Parking Facility. To the south of the Subject Property are Medium Density Multifamily Residential Uses. To the West of the Subject Property are both Medium Density Multifamily Residential Uses along Southwest 9 Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 4 Street and an Auto -Related Commercial Use associated with the Subject Property along Southwest 8 Street. Staff observed Medium Density Multifamily Residential dwellings that were well -maintained and landscaped. Overall, the residential neighborhood appeared stable and well -kept. Image 1: Street view photo of the parcel located at 600 Southwest Eight (8) Street. It currently has an Auto Related use, more specifically a Car Dealership with vehicle storage and service on site. This photo is fronting Southwest 8 Street and facing south. Image 2: Photo taken from the rear of the Subject Property more specifically the Vacant parcels which are located at 601 Southwest Ninth (9) Street and 840 Southwest Sixth (6) Avenue and for the location of the proposed rezoning. This photo was taken along Southwest 6 Avenue and facing west. Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 5 Image 3: Photo taken from the rear of the Subject Property, facing the intersection of Southwest 9 Street and Southwest 6 Avenue. This photo captures the Residential Uses adjacent to the south of the Vacant parcels. Image 4: Photo taken to the east of the rear of the Subject property along Southwest 6 Avenue. This photo captures a Public Parking lot adjacent to the east of the Vacant parcels. Image 4: Photo taken from the front of the Subject Property, facing northeast. This photo captures the Commercial Uses along Southwest 8 Street, more specifically Auto Dealerships. Image 5: Photo taken of the front of the Subject Property, facing northwest. This photo captures the Commercial Uses along Southwest 8 Street, more specifically Auto - Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 6 Related Commercial Establishment associated with the Subject Property. Table 3. Site Visit Photos (May 23, 2025) Miami Comprehensive Neighborhood Plan (MCNP) The application requires a corresponding Comprehensive Plan Amendment. Under the Interpretation of the Future Land Use Map, "Medium Density Restricted Commercial" has the following definition: Areas designated as "Medium Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Medium Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Medium Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Per the Correspondence Table — Zoning and Comprehensive Plan, the request change of zoning from "T5-L," General Urban Transect Zone — Limited to "T6-O," Urban Core Transect Zone — Open is inconsistent with the Property's existing Future Land Use (FLU) designation; as such, a companion Comprehensive Plan Amendment from "Medium Density Restricted Commercial" to "Restricted Commercial" is being processed concurrently under ePlan File ID No. PZ-25-18997. Miami 21 Code Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 7 The Property is designated "T5-L," Urban Center Zone — Limited. The request to rezone approximately 14,366.33 square feet will result in changes in Intensity, Density, and Height; as well as changes to the allowed Uses on the Property. Table 5 demonstrates the changes in development standards and allowed Uses as a result of the rezone request. The proposed zoning changes would result in a major change in the uses allowed by unlocking auto -related commercial establishments, entertainment establishments, and amusement rides. Additionally, the proposed rezone more than doubles the density currently allowed. T5-L T6-O URBAN CENTER URBAN CORE DENSITY (UNIT PER ACRE) 65 du/acre 150 du/acre RESIDENTIAL CO -LIVING R*** R*** SINGLE FAMILY RESIDENCE R R COMMUNITY RESIDENCE R R TWO FAMILY RESIDENCE R R MULTI FAMILY HOUSING R R DORMITORY R R HOME OFFICE R R LIVE - WORK R R LODGING BED & BREAKFAST R R INN R R HOTEL R R OFFICE OFFICE R R COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. W ENTERTAINMENT ESTABLISHMENT W R FOOD SERVICE ESTABLISHMENT R R ALCOHOL BEVERAGE SERVICE ESTAB. E E GENERAL COMMERCIAL R R MARINE RELATED COMMERCIAL ESTAB. W W OPEN AIR RETAIL W W Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 8 PLACE OF ASSEMBLY R R RECREATIONAL ESTABLISHMENT R R AMUSEMENT RIDE E CIVIC COMMUNITY FACILITY W W RECREATIONAL FACILITY R R RELIGIOUS FACILITY R R CIVIC SUPPORT COMMUNITY SUPPORT FACILITY W W INFRASTRUCTURE AND UTILITIES W W MARINA W W PUBLIC PARKING W W TRANSIT FACILITIES W W EDUCATIONAL CHILDCARE W W***** COLLEGE / UNIVERSITY W W***** ELEMENTARY SCHOOL W W***** LEARNING CENTER R R***** MIDDLE / HIGH SCHOOL W W***** PRE-SCHOOL R R***** RESEARCH FACILITY R R***** SPECIAL TRAINING / VOCATIONAL W W***** R—Allowed by Right W — Allowed by Warrant E —Allowed by Exception Uses Omitted signify Use prohibited. *** By Right only in the UCBD, Civic Health District, NRD-1 and NRD-2. ***** Educational Uses may be allowed By -Right if the requirements are met in Article 6, titled Supplemental Regulations MAXIMUM BUILDING HEIGHT 5 Stories 8 Stories Table 5. Development Standards Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 9 Criteria for Rezoning Article 7, Section 7.1.2.8.a. of the Miami 21 Code states that zoning changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone within the same Transect Zone to a greater or lesser intensity. All changes shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in Intensity, Density, Building Height, and Scale. Criteria 1 Pursuant to Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code: "The relationship of the proposed amendment to the goals, objectives, and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives, and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations. Analysis 1 The request to rezone the Subject Property from "T5-L," Urban Center Transect Zone — Limited to "T6-O," Urban Core Transect Zone — Open is inconsistent with the existing future land use designations; therefore, the Applicant applied for a Comprehensive Plan Amendment to be processed concurrently with the rezone application. The companion Comprehensive Plan Amendment requests a change in designation from "Medium Density Restricted Commercial" to "Restricted Commercial" under ePlan File ID No. PZ-25-18997 to ensure the Future Land Use is compatible with the proposed zoning classification. Pursuant to the Miami Comprehensive Neighborhood Plan Policy LU-1.1.3. The City's zoning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities; (3) transportation policies that divide or fragment established neighborhoods; and (4) degradation of public open space, environment, and ecology. Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements shall be incorporated into the City's land development regulations. The proposed rezone and concurrent request to amend the existing FLUM for the two (2) parcels that make up the Subject Property from "Medium Density Restricted Commercial" to "Restricted Commercial" would encourage encroachment of the more intense FLUM designation into the existing corridor with the FLUM designation "Medium Density Multifamily Residential" adjacent to the south of the proposed rezone and FLUM amendment. When taking into consideration the implementation of the land uses through the land development regulations, the adoption of changing the existing FLUM of "Medium Density Restricted Commercial" to "Restricted Commercial" and the rezone from T5-L", Urban Center Transect Zone — Limited to "T6-O," Urban Core Transect Zone — Open would unlock a number of uses that are incompatible with the existing "T4-R" General Urban Transect Zone — Restricted to the south of the Subject property and in effect setting the precedent of encroachment of a higher density and intensity of use into what is in effect, the "T5-L" buffer. Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 10 Finding 1 Pursuant to Article 7, Section 7.1.28(f)(1)(a) of Miami 21 Code, the request to rezone is inconsistent with the goals, objectives, and policies of the Comprehensive Plan, Miami 21 Code. Criteria 2 Pursuant to Article 7, Section 7.1.2.8.f.1.b of the Miami 21 Code: "the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary." Analysis 2 In 2017, five properties located at 704 SW 7 Avenue, 712 SW 7 Street, 716 SW 7 Street, and 734 SW 7 Street were rezoned from "T5-O" to "T6-8-O." In 2016, two out of the 5 properties were rezoned from "T5-L" to "T5-O" to allow for an expansion of the existing Brickell Motors Auto -Related Commercial Establishment Use. While there have been successional increases in zoning within the past decade, upzoning from "T5" to "T6" has only occurred north of Southwest 8 Street and never south of Southwest 8 Street in the Little Havana neighborhood. Additionally, the conditions to the north in the form of recent Auto -Related Commercial Use development and rezones had an established pattern of encroachment into the northern "T5-L" buffer along Southwest 7 Street and Southwest 8 Street in ways that are unprecedented where this proposed rezone in located furthering the intrusion of incompatible uses into a well -established residential area. Surrounding neighborhood context and zoning pattern is illustrated in Figure 3. Finding 2 The requested change in zoning is inconsistent with Article 7, Section 7.1.2.8 (f)(1)(b) of the Miami 21 Code. Criteria 3 Pursuant to Section 7.1.2.8.f.2. "A change may be made only to the and next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height." Analysis 3 Pursuant to Article 7, Section 7.1.2.8(a)(3), the request to change the zoning classification from, "T5-L," Urban Center Transect Zone — Limited to "T6-8-O," Urban Core Transect Zone — Open is consistent with successional zoning; however, it is inconsistent with the Miami 21 Code goal of preserving neighborhoods and providing transitions in intensity and building height due to the Property's adjacency to existing "T4-R," General Urban Transect Zone — Restricted. Rezoning the Property, which is zoned "T5-L," Urban Center Transect Zone — Limited eliminates the buffer, allowing for more intense uses like Auto -Related Commercial Establishments to situate adjacent to the established Multi -Family Residential neighborhood. Auto -Related Commercial in close proximity to Residential Uses create nuisances in the forms of light and noise pollution, and circulatory car traffic associated with running the incompatible use nearby. Furthermore, the "T5-L" area was meant to be a buffer since at least 1990 under the previous 11000 Code. Under the previous code the Property had the SD-12 Overlay where the intent was to create a buffer between commercial and residential zones, see figure 4 which shows the two lots that make up 840 Southwest 6 Avenue and 601 Southwest 9 Street were zoned R-3 with an SD-12 overlay. Miami 21 further codified the intention of a buffer between Calle Ocho and residential to the south. Rezoning from "T5-L" to "T6-8-O" removes the buffer that has been existing since 1990. The proposed rezoning is inconsistent with the established zoning pattern and the context in Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 11 the immediate vicinity more specifically to the south of the Property. The proposed rezone is an extension of the existing "T6-8-O," Urban Core Transect Zone — Open, which is not already featured on the same block to the south of the Property. This proposed zoning change is illustrated below. L. L —71 R_ _oa L -r• _ T4443 . - i s - _. .,.7i L: 4 T5-1_ Ai N Ex)str ag hiPami 21 Designation Proposed Miam 21 Designation Finding 3 The requested zoning change is inconsistent with Article 7, Section 7.1.2.8(f)(2) of the Miami 21 Code. Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 12 Figure 3: Miami 21 Surrounding Context and Zoning Designation (the Properties higlighted blue) Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 13 Citp of jHiami Zoning wTMa.n ow. mien m w.0 .krtl. �la/v.bua. ,.p Msv� h wnw.e.raea 36 ^ b aGC 5 .44 iJ'a;r Figure 4: Atlas Sheet 37 from 11000 Code dated 8/25/2006 Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street— Page 14 Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the findings above, and the Applicant's submittal, the Planning Department recommends Denial of the proposed change in zoning classification from "T5-L," Urban Center Transect Zone — Limited to "T6-8-O," Urban Core Transect Zone — Open for the properties generally located at 601 Southwest 9 Street and 840 Southwest 6 Avenue. La gby: 1uSined . W 044040CA04DG... David Snow Planning Director DocuSigned by: StA,Latn,IAL, SfUtAkr E1,16... Sevanne Steiner, CNU-A Assistant Director DocuSigned b\y: EE4D3... Ryan Shedd Chief of Comprehensive Planning Signed by: \•=5•F5 1 F733447442... Amber Forte, MUPP Planner II Staff Analysis Report No. PZ-25-18998 - 601 Southwest 9 Street — Page 15 AERIAL EPLAN ID: PZ-25-18997 COMPREHENSIVE PLAN AMENDMENT ADDRESSES: 840 SW 6 AV & 601 SW 9 ST 0 65 130 260 Feet d li,r ....: 4 MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-25-18998 REZONE ADDRESS(ES): 600 SW 8 ST, 840 SW 6 AV, 601 SW 9 ST 0 75 150 300 Feet 1 1 MIAMI 21 ATLAS (PROPOSED) EPLAN ID: PZ-25-18998 REZONE ADDRESS(ES): 600 SW 8 ST, 840 SW 6 AV, 601 SW 9 ST 0 75 150 1 300 Feet 1 1