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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 18182 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 OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L," URBAN CENTER TRANSECT ZONE — LIMITED, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 601 SOUTHWEST 9 STREET AND 840 SOUTHWEST 6 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Generally, 601 Southwest 9 St and 840 Southwest 6 Ave APPLICANT(S): Carli Koshal, Esq., on behalf of MAR 601 LLC PURPOSE: This application requests a change in the zoning classification for the will change the above property from "T5-L" Urban Center Transect Zone — Limited to "T6-8- 0" Urban Core Transect Zone — Open. FINDING(S) PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: On October 8, 2025, recommended denial, by a vote of 5-2. City of Miami File ID: 18182 (Revision: A) Printed On: 11/14/2025 City of Miami Legislation Ordinance Enactment Number:14411 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 18182 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 OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L," URBAN CENTER TRANSECT ZONE — LIMITED, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 601 SOUTHWEST 9 STREET AND 840 SOUTHWEST 6 AVENUE, 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, the property generally located at 601 Southwest 9 Street and 840 Southwest 6 Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," is currently zoned "T5-L," Urban Center Transect Zone — Limited, on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, MAR 601 LLC and MAR 840-842 SW 6 AVENUE, LLC (collectively, "Applicant") submitted a request to the City of Miami ("City") to change the zoning classification of the Property from "T5-L," Urban Center Transect Zone — Limited, to "T6-8-O," Urban Core Transect Zone — Open; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 14,866.33 square feet (0.34 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") of the Property is "Medium Density Restricted Commercial"; and WHEREAS, the request to rezone the Property from "T5-L," Urban Center Transect Zone — Limited, to "T6-8-O," Urban Core Transect Zone — Open, is inconsistent with the Property's existing Future Land Use designation ("FLU") of "Medium Density Restricted Commercial"; therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application (PZ-25-18997); and WHEREAS, the Property is currently undeveloped with two (2) vacant lots and is abutted by an Auto Related -Commercial Establishment to the north, a parking lot to the east, and low - density Multi -Family Housing to the south and west; and WHEREAS, Property is located in the Little Havana neighborhood where there are a variety of zoning designations, commercial uses, and housing types; and City of Miami File ID: 18182 (Revision: A) Printed On: 11/14/2025 WHEREAS, the Property was zoned "R-3," Multifamily Medium -Density Residential, with an "SD-12," Special Buffer Overlay District, under the previous 11000 Zoning Code; and WHEREAS, the "R-3" zoning district permitted sixty-five (65) dwelling units per net acre, and the "SD-12" overlay was intended to create buffers between nonresidential and residential zoning districts by allowing parking lots in combination with adjoining commercial, office, or industrial lots within the overlay; and WHEREAS, the intent of the "R-3" zoning district with "SD-12" overlay was consistent with the overall goal and intent the Miami 21 Code Transects and was carried over into the Miami 21 Code under adoption of Ordinance No. 13114 in 2009 when the Property's "R-3" zoning district with "SD-12" overlay was converted to "T5-L," Urban Center Transect Zone — Limited; and WHEREAS, the proposed "T6-8-O," Urban Core Transect Zone — Open, classification would result in higher intensity, increased density, and unlock additional uses; and WHEREAS, the City's Planning Department found that the request is inconsistent with Article 7, Section 7.1.2.8.f.1.(a) of the Miami 21 Code in that it does not further the goals, objectives, and policies of Miami Comprehensive Neighborhood Plan ("MCNP"); the Miami 21 Code; and other City regulations; and WHEREAS, the Planning Department also found this request to rezone the Property to be inconsistent with MCNP Policy LU-1.1.3, which provides "[t]he 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," which makes the request inconsistent with the rezoning criteria of Section 7.1.2.8.f.1. of the Miami 21 Code; and WHEREAS, Planning Department further the request to rezone the Property to be inconsistent with MCNP Policy LU-1.1.3 due its failure to protect existing neighborhoods through the development of appropriate transition standards and buffering requirements by encroaching the more intense "T6-8-O," Urban Core Transect Zone — Open, into the "T5-L," Urban Center Transect Zone — Limited, buffer; and WHEREAS, the Planning Department additionally found the request to rezone the Property in effect eliminates the buffer between the "T6-8-O," Urban Core Transect Zone — Open, to the north and the established "T4-R," General Urban Transect Zone — Restricted, neighborhood to the south, and this buffer has existed since the adoption of the previous 11000 Zoning Code in 1990 with the "R-3" zoning district with "SD-12" overlay; and WHEREAS, the Planning Department also found that the proposed request is inconsistent with Article 7, Section 7.1.2.8.f.1.(b) of the Miami 21 Code in that there is no need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary — as there have not been changing conditions to the Miami 21 Atlas in the form of rezones south of Southwest 8 Street between Southwest 8 Avenue and Southwest 4 Avenue since November 2011 and various projects have been built or permitted utilizing the existing "T5-L," Urban Center Transect Zone — Limited, and "T4-R," General Urban Transect Zone — Restricted, south of Southwest 9 Street between Southwest 8 Avenue and Southwest 4 Avenue; and City of Miami File ID: 18182 (Revision: A) Printed On: 11/14/2025 WHEREAS, while there have been successional increases in zoning within the past decade, zoning increases from "T5," Urban Center Transect Zone, to "T6," Urban Core Transect Zone, have only occurred north of Southwest 8 Street and none south of Southwest 8 Street in the Little Havana neighborhood where the subject Property is located; and WHEREAS, the zoning patterns north of Southwest 8 Street, between Southwest 8 Avenue and Southwest 4 Avenue, have always been less homogenous than south of Southwest 8 Street, between Southwest 8 Avenue and Southwest 4 Avenue, with the "T6-8-O," Urban Core Transect Zone — Open, at the intersection of Southwest 8 Avenue and Southwest 6 Street surrounded by "T4-L," General Urban Transect Zone — Limited, and "T5-L," Urban Center Transect Zone — Limited, having existed since the adoption of the Miami 21 Code; and WHEREAS, the Planning Department found that the proposed application is not consistent with Article 7, Section 7.1.2.8.f.2. in that the rezone request does not constitute a change to the next intensity Transect Zone in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; specifically, the proposed zoning change 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; and WHEREAS, the Planning Department found that the proposed rezoning of the Property, which has the "T5-L," Urban Center Transect Zone — Limited zoning designation to "T6-8-O", Urban Core Transect Zone — Open, eliminates the buffer, allowing for more intense uses like Auto -Related Commercial Establishments and Amusement Rides to situate adjacent to the established multifamily residential Neighborhood; and WHEREAS, the Planning Department recommends denial of the rezoning request from "T5-L," Urban Center Transect Zone — Limited, to "T6-8-O," Urban Core Transect Zone — Open; and WHEREAS, on October 8, 2025, at a duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the application to amend the Zoning Atlas of the Miami 21 Code, item PZAB.14, and passed PZAB-R-25-056, recommending denial, by a vote of five to two (5-2); and WHEREAS, the City Commission gave due consideration to the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the City Commission considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission found that the proposed zoning change is appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the City Commission found that 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 finds that there is competent substantial evidence in the record to support the change of zoning classification for the Property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami File ID: 18182 (Revision: A) Printed On: 11/14/2025 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 request to amend the Zoning Atlas of the Miami 21 Code, by changing the zoning classification from "T5-L," Urban Center Transect Zone — Limited, to "T6-8-O," Urban Core Transect Zone — Open, for the property generally located at 601 Southwest 9 Street and 840 Southwest 6 Avenue, Miami, Florida, as more particularly 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 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: ge Wyy ng III, C ty ttor -y 10/10/2025 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 File ID: 18182 (Revision: A) Printed On: 11/14/2025