HomeMy WebLinkAboutO-14411City of Miami
Ordinance 14411
Legislation
City Hall
3500 Pan American 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
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
City of Miami Page 1 of 4 File ID: 18182 (Revision: A) Printed On: 11/14/2025
File ID: 18182 Enactment Number: 14411
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 Page 2 of 4 File ID: 18182 (Revision: A) Printed on: 11/14/2025
File ID: 18182 Enactment Number: 14411
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
City of Miami Page 3 of 4 File ID: 18182 (Revision: A) Printed on: 11/14/2025
File ID: 18182 Enactment Number: 14411
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:
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:
rge
ng Ilf, City 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 Page 4 of 4 File ID: 18182 (Revision: A) Printed on: 11/14/2025