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City of Miami Planning and Zoning Department IE_SE tt�` ANALYSIS FOR CHANGE OF ZONING FILE ID: 14-00655zc APPLICANT: Javier F. Avion, esquire, on behalf of Babylon International, Inc. and Daniel J. Alfonso, City Manager, on behalf of the City of Miami as a co -applicant. PROJECT ADDRESS: Approximately 240 SE 14th Street FOLIO NUMBER: 01-4139-068-0001 COMMISION DISTRICT: District 2 NET OFFICE: Downtown GENERAL INFORMATION: REQUEST: Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a change of zoning for a single parcel located at 240 SE 14th Street. The proposed change of zoning for a portion of the subject parcel is from T6-8-R (Urban Core Transect Zone Restricted) to T6-48a-O (Urban Core Transect Zone Open). (Complete legal description is on file with the Hearing Boards Section). BACKGROUND: The subject area consists of one (1) parcel located on the south side of SE 14th Street, and is located on an irregularly shaped block bounded by SE 14th Street on the north, Brickell Bay Drive on the East, SE 15th Street on the South, and Brickell Avenue on the West. The subject parcel is split zoned with T6-8-R on the eastern portion and T6-48a-O on the northwestern portion. The abutting properties to the east are zoned T6-8-R and T6-48a-O. The area proposed to be rezoned is located within the Downtown NET area, and Commission District 2. Most of the area is fully developed with a high density, high intensity character. 14-©0655zc Page 1 of 3 NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Property: Restricted Commercial and Brickell Residential Density Increase Area; Maximum of 500 D.U. per acre Surrounding Properties NORTH: Restricted Commercial and RDIA Maximum of 500 D.U. per acre SOUTH: High Density Multifamily Residential and RDIA Maximum of 500 D.U. per acre EAST: High Density Multifamily Residential and RDIA Maximum of 500 D.U. per acre ZONING Subject Property: T6-8-R; Urban Core Transect Zone Restricted and T6-48a-O; Urban Core Transect Zone Open Surrounding Properties NORTH: T6-48a-O; Urban Core Transect Zone Open SOUTH: T6-8-R; Urban Core Transect Zone Restricted EAST: T6-8-R; Urban Core Transect Zone Restricted WEST: Restricted Commercial and RDIA WEST: T6-48a-O; Urban Core Transect Maximum of 500 D.U. per acre Zone Open ANALYSIS: Following the above referenced `Background", this proposal for rezoning is taking in consideration criteria set forth in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21: Rezone of 240 SE le Street from T6-8-R to T6-48a-O. Criteria: For rezoning: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Analysis: Previously under Zoning Ordinance 11000, North Miami Avenue south of NE 42nd Street was zoned 0 (Office) with an abutting SD-5 (Brickell Avenue Area Residential -Office District) overlay. The intent of these designations were to promote the use of structures to facilitate permanent and transitory residential facilities such as hotels and motels, general office uses, clinics and laboratories and limited commercial activities incidental to the principal uses. In addition, 14-00655zc Page 2 of 3 building height for Office and SD-5 uses were unlimited. Within the Office zone, building height for residential use were limited by R-4 zoning regulations, while within the SD-5 residential building height was unlimited; Under the Miami 21 Code, the parcels in this area have been rezoned into two zoning categories; T6-8-R and T6-48a-O. Finding: The current FLUM designation is "Restricted Commercial" with a "Brickell Residential Density Increase Area" of 500 du/ac. Under Zoning Ordinance 11000 the parcel was zoned "Office" (0) with an abutting SD-5 (Brickell Avenue Area Office -Residential District) overlay, permitting uses and building heights much greater than the Miami 21 designation of T6-8-R. CONCLUSION: The proposed change of zoning is compatible with the density and intensity of the adjacent Transect Zones. Staff finds the change of zoning request to be consistent with the goals of the Miami 21 Code as it is compatible with the surrounding zoning district, and the current zoning designation is likely the result of a scrivener's error. RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning & Zoning Department recommends Approval of the proposed rezoning as presented. Christopher Brimo, AICP Chief of Land Development 14-00655zc Page 3 of 3 0 150 MIAMI 21 ZONING MAP (EXISTING) 300 600 Feet ADDRESS: 240 SE 14 ST 0 I 150 MIAMI 21 ZONING MAP (PROPOSED) 300 600 Feet ADDRESS: 240 SE 14 ST Qoo"o o } o"oo LEDA, L98289 J9Aerogrid9 Mho MP, s opo, EffidQGmg 0 150 300 600 Feet ADDRESS: 240 SE 14 ST Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-003 File ID 14-00655zc January 6, 2016 Item PZAB.5 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8-R" TO "T6-48a-O", FOR THE PROPERTY LOCATED AT APPROXIMATELY 240 SOUTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Dr. Ernest Martin, the motion passed and was adopted by a vote of 7-4: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins No Ms. Maria Lievano-Cruz No Mr. Charles A. Garavaglia No Mr. Adam Gersten No Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Yes Mr. Daniel Milian Yes Mr. Juvenal Pina Yes Ms. Melody L. Torrens Absent Mr. Manuel J. Vadillo Yes Mr. David H. Young Yes � F* Fran1ccisco Garcia, Director Ex Planni g and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) D) I i 0-6o ecutio Date Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS IL DAY OF ,(N1( i l , 2016. :rt+Vi r-e -L. ip-:?). Q.,Ah0A-"1-Ar' Notary Public State of Florida(. Print Notary Name Personally know k./ or Produced I.D, Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: BEATRI7 ALVAREZ MY COMMISSION # FF 071860 oar EXPIRES: November 017 A qeBonded Thru Noti"PUhliq'Undenvrters EXHIBIT A Property Legal Description Lot 5, Block 2 and the South 1/2 of Out Lot 5, Block 2, according to the AMENDED PLAT OF POINT VIEW, as recorded in Plat Book 2, Page 93 of the public records of Miami -Dade County, Florida, LESS the Northerly 10 feet borders on and runs parallel to the public right of way of South Bayshore Drive,