The URL can be used to link to this page

Home My WebLink AboutSubmittal-Melissa Tapanes-Llahues-PowerPoint Presentation1 ow - 34 tA Submitted into the pubic recordAI fo ite (s) l I on City Clerk BABYLON INTERNATIONAL INC. City Commission Veto Override September 12, 2019 —11 II BERcow RADELL rP RNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW ILER PLANNING -q`sAI0,?°1/4A0-°°\"ts vj eA' ,A\ Qre)eht0V0A r'e uelte cal stAoctura r,tarr,ational 2 Mayor's Veto Message Submitted into the public record fo ite� (s)i _ on j �� L/ l q City Clerk 1. Incorrectly categorizes the rezoning request; 2. Overlooks the express authority and findings of this Commission; 3. Based on a partial and biased review of the record; 4. Contradicts itself; and 5. Violates procedural due process. Zoning Ordinance 11000: Once "0" Ordinance 1100: Zoning Map Excerpt Submitted into the public record fqr iteps(s) �v t on a City Clerk Zoning Context: • Babylon — 0, Office • Properties facing water— R-4, Multifamily High Density Residential • Remainder of the area — SD-5, Brickell Avenue Area Office - Residential District 4 Miami 21: Archived Maps 2006-2007 NOTE: THIS MAP WAS DEVELOPED BASED ON INFORMATION PROVIDED BY THE CITY OF MIAMI. ilntla21 Revision Date: 11.27.06 Submitted into the public record foiritem(s) My I on 9 / %. ✓ I I . City Clerk NOTE: THIS MAP WAS DEVELOPED BASED ON INFORMATION PROVIDED BY THE CITY OF MIAMI. Revision Date: 02.20.07 5 Miami 21: Archived Maps 2008-2009 Ay; NOTE: THIS MAP WAS DEVELOPED BASED ON INFORMATION PROVIDED BY THE CITY OF MIAMI. EWA Revision Date: March 04, 2008 Submitted into the pub 'c record f r it m(s) on it Li + • City Clerk FINAL DRAFT ATLAS TO BE SUBMITTED TO THE CITY COMMISSION NOTE: T}18 NAP WAS DEVELOPED BIM ON (FORVARON PROVED BY THE cm aF MAW ii4aigi Posted: January 30, 2009 6 revuelta stem-d Submitted into the public record fo item(s) I�� on ci,1,. City Clerk Comparative Analysis: T6-8-R, T6-1 2-0 & T6-24b-0 7 revuelta T6-8-R: Current Zoning archtec international T6-8-R MAX. FLR BONUSES: 79,855 SF MAX. FLR WITH BONUSES: 99,856 SF Submitted into the public record ffoc item(s) MU, on // 19 . City Clerk MAX. HEIGHT: 8 FLOORS MAX HEIGHT WITH BONUSES: 12 FLOORS (SETBACKS ABOVE LEVEL 8 WILL NOT ALLOW TO DEVELOP MORE THAN 8 FLOORS) MASSING - 8 FLOORS - MAX. FLR 55,368 SF S revuelta T6-8-R: Current Zoning archtectare iiterr,atecriel Submitted into the public record ;Or/ its) \ ,' � n f I �( City Clerk • Area above the 8th level is only 1,026.5 square feet • Renders the property non -developable above the 8th level • No available waivers revuelta T6-12-O: Planning's Recommendation archtecture ntematacriel T6-12-0 MAX. FLR BONUSES: 127,816 SF MAX. FLR WITH BONUSES: 166,160 SF Submitted into the public record for ite!(s) M� , on CI/I Z/ I . City Clerk MAX. HEIGHT: 12 FLOORS MAX HEIGHT WITH BONUSES: 24 FLOORS (SETBACKS ABOVE LEVEL 8 WILL NOT ALLOW TO DEVELOP MORE THAN 8 FLOORS) NO WAIVERS ALLOWED TO REDUCES SETBACK ABOVE THE 8TH FLOOR FOR THIS TRANSECT MASSING - 8 FLOORS - MAX. FLR 55,368 SF 10 revuelta T6-12-O: Planning's Recommendation Submitted into the pubic iitsmaonsl record f ite� (s), on �/ l City Clerk • Same development rights as T6-8 • Area above the 8th level is only 1,026.5 square feet • Renders the property non -developable above the 8th level • No available waivers 11 revuelta T6-24b-O: Approved Corrective Action ntematscnal record fo ite�n(s) M\ J on / City Clerk T6-24b-O MAX. FLR: 255,632 SF MAX. FLR WITH BONUSES: 357,885 SF MAX. HEIGHT: 24 FLOORS MAX HEIGHT WITH BONUSES: 48 FLOORS *WITH WAIVERS - WITH HEIGHT BONUS (24 FL. WITHOUT BONUS) MASSING - 4,750 SF MAX PLATE SIZE ABOVE LV 8. - 24 FLOORS - FLR 131,960 SF NO BONUS USED 12 revuelta archtect. T6-24b-O: Approved Corrective Action ntemational Submitted into the public record fqr itqm(s) MU, 1 on 9/ 1 /,/ . City Clerk FOR LEVELS 9 TO 24 MAXIMUM FLR PER LEVEL ABOVE LEVEL 8: 4,338 SF - PRIMARY FRONTAGE ABOVE LEVEL 8 IS 10-0" SETBACK AS OF RIGHT - SIDE SETBACKS REDUCED TO 20'-0" BY WAIVER OTHERWISE IS304-0" 5.6.1(g) - For T6-24, T6-36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way seventy (70) feet or Teater in width. 5.6.1(h) - For T6-24, T6-36, T6-48, T6-60 and T6-80 Lots having one dimension one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of twenty (20) feet by Waiver. 13 revuelta Floor Plate Comparison 7-= Above the 8th Level T6-8 or T6-12: 1,026.5 square feet Pt. 3 m a Submitted into the public record fo ite (s) I on 9 i City Clerk BUILDABLE AREA 1,0266 aq n NON -VIABLE) • • SIDE SETBACK • SIDE SETBACK {r SETBACK 14 revuelta Floor Plate Comparison :, Above the 8th Level T6-24 b : 4,338 square feet T te.1, �+ 4 HZ 1 Submitted into the public record �f°r item(s) It) 1/ 1 i on I L/ I t . City Clerk 15 2014-2016 Legal Opinion Allowing Nonsuccessional Zoning Corrective Action File Number: 14-00655zc City of Miami °""" ]Sao Pin Malan an. Mirk FL 33133 Master Report r`"'�"°°y`°n Submitted into the public record fo iterate) MU � on // / City Clerk File Type: Ordinance Status: First Reading Version: 2 Reference: Controlling Body: Planning & Zoning — City Commission File Name: Rezoning - 240 SE 14 St Introduced: 7/1/2014 Requester. Cost: $13,547.90 Final Action: Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHNIENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6-8-R "URBAN CORE TRANSECT ZONE - RESTRICTED" TO T6-48a-O "URBAN CORE TRANSECT ZONE - OPEN', FOR THE PROPERTY LOCATED AT APPROXIMATELY 240 SOUTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS: CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. History of Legislative File 2 Office of the City 21912016 Reviewed and Attorney Approved 16 Nonsuccessional Corrective Actions: Staff Interpretation at PZAB Hearing 1/6/2016 Submitted into the public record fo ite (s) on I 1 LI City Clerk • Assistant City Attorney stated that when there is a mistake on the map for the category given, it can be corrected as a housekeeping measure, without following successional zoning (1:49:13). • Planning Director, speaking as a co -applicant, stated that the rezoning process is the only process by which to resolve a mapping error (2:03:06). o Responsive and responsible means to correct the mistake. o Occurs in a public forum. 17 Miami 21: Successional Zoning Does Not Apply to Corrective Actions 7.1.2.8 Amendment to Miami 21 Code Submitted into the public record for it (s) I on City Clerk a. Successional Zoning. The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transact Zone; within the same Transact Zone to a greater or lesser intensity; or to the next higher Transact Zone, or through a Special Area Plan. All changes shall maintain the goals of this Code to preserve Neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. 18 ILER PLANNING Submitted into the public record for item(s) on Urban Planning Analysis: Rezoning Criteria City Clerk 19 ILERPLANNING Submitted into the public ronecord q�i'�/ ! ,�5) my City Clerk Rezoning Criteria: Goals, Objectives, and Policies of the Miami Neighborhood Comprehensive Plan and Miami 21 • T6-24b-O is in compliance with the MNCP o Foster redevelopment, promote economic development and jobs, minimum land use conflicts (Future Land Use Goal LU-1) Encourage residential density development in close proximity to the Financial District Metromover station (Future Land Use Policy LU-1.1.10) o Expand the Downtown Miami area's role as a center of domestic and international commerce (Future Land Use Objective LU-1.4) • Consistent with Goals of Miami 21 cv Reduction of sprawl o Improvement of the built environment and human habitat o Transit -oriented, pedestrian -friendly focus o Reinforce neighborhood pattern 20 ILER PLANNING Submitted into the public record for item(s) •n City Clerk Rezoning Criteria: Need and Justification for the Change •Significant Changes: o Designated Restricted Commercial similar to the parcels north and west, rather than High Density Multifamily Residential similar to the parcels to the south and east I• ncluded in the Residential Density Increase Area o Given a restrictive zoning classification under Miami 21 in 2010 21 ILER PLANNING Submitted into the public record fqr it (s) public, , on 9 i L iq • City Clerk Rezoning Criteria: Change to the Next Intensity Transect Zone, Preserve Neighborhoods, and Provide Transitions • City Commission found that the proposed change is a corrective action that maintains the goals of Miami 21 to preserve neighborhoods and provide transitions in intensity and building height •The 24-story height limit imposed is a property midpoint between the properties zoned T6-8 to the south and east and the properties zoned T6-48 to the north and west Submitted into the public record for itezn(s) _ ox City Clerk MCNP Future Land Use: Restricted ComiirCtia �estricted Commercial Future Land Use Map Excerpt The Babylon is grouped with the non-residential properties to the north and west as "Restricted Commercial." This is suggests that T6-8-R is not the correct zoning designation. .. • \`\ 3-40 it MT \. , \ \ High Density Multifamily Residential 23 MCNP Future Land Use: Brickell Residential Density Increase Area Submitted into the public record for ite s) Mv, on Q City Clerk Brickell RDIA. Permits 500 dwelling units per acre. The Babylon is within the Brickell RDIA. 24 Ordinance 11000: Office Development Regulations Height Density Unlimited 500 dwelling units per acre (Brickell RDIA) Intensity Floor Area Ratio 1.72 times the gross lot area Setbacks Front: 10 feet minimum Side and Rear: 10 feet minimum or the same as the abutting zoning district, whichever is greater The maximum height at the base building line must be equal to the sum of the right of way, plus the 2 front setbacks on either side of the right of way or 120 feet, whichever is greater. Portions of buildings above that height, must have been set back 1 additional foot per each foot in height. Submitted into the public record lb ?te (s) MU en , 1 City Clerk 25 Miami 21: Existing T6-8-R Development Regulations Height 8 stories, 12 stories with Public Benefits Density 500 dwelling units per acre (Brickell RDIA) Intensity Floor Lot Ratio 5, 25% with Public Benefits Setbacks Front: 10 feet, 20 feet above 8th story. 0 feet by Waiver. Side and Rear: 15 feet (Brickell Established Setback Area), 30 feet above the 8th story. Submitted into the public ron o—.L�� (q)- City Clerk 26 Miami 21: Brickell Established Setback Area Boundary: All properties bounded by SE 1st Avenue to the west, SE 8th Street to the north, Biscayne Bay to the east and SE 15th Road to the south. Interior Side and Rear Setback: fifteen (15) feet See Section 3.3.6.a.2 Submitted into the public record fotr itepi(s) M, on 1/ L / jq . City Clerk 27 Miami 21: Front Setback per Section 5.6.1.g • "Frontage Setbacks above the eighth floor for Lots having one (1) dimension measuring one hundred (100) feet or less may be a minimum of zero (0) feet by Waiver." • "For T6-24, T6-36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way seventy (70) feet or greater in width." • Under T6-8 via Waiver: Zero front setback above the 8th floor • If rezoned to T6-24 as of right: Zero front setback above the 8t" floor Submitted into the public record for item(s) on 9, I',City Clerk 28 Miami 21: Side and Rear Setbacks per Section 5.6.1 .h • "For T6-24, T6-36, T6-48, T6-60 and T6-80 Lots having one dimension one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of twenty (20) feet by Waiver." • Under T6-8: 30 feet side and rear setbacks above the 8th floor • If rezoned to T6-24 via Waiver: 20 feet side and rear setback above the 8th floor Submitted into the public record for item(s) on City Clerk 29 Miami 21: Approved T6-24b-O with Covenant Development Regulations Submitted into the public record fo it (s) on City Clerk Height 24 stories, no additional height Density 500 dwelling units per acre (Brickell RDIA) Intensity Floor Lot Ratio 16, 40% with Public Benefits Setbacks Front: 0 feet by right. Side and Rear: 15 feet (Brickell Established Setback Area), 30 feet above the 8th story. 20 feet by Waiver. 30 Context: Height Analysis Brickell Arc/ Conrad Hotel - 3 Office Building -14 Four Seasons Hotel - 70 Echo Condo - 57 Brickell East Condo - 28 Fortune House Condo - 29 Brickell House Condo - 46 Jade Residences - 48 Commodore Bay Condo -16 Brickell Bay Tower Condo -14 Bayshore Place Condo -16 Point View Condo- 13 Brickell Shores Condo -10 fitted into the public record fob; it (s) My , on 9 / I, /I City Clerk 31 Legal Sufficiency of Map Correction •"It is entirely arbitrary and not at all `fairly debatable' on grounds that make sense for the governing authority to allow for an entire transformation of the character of an area through extensive rezoning of all nearby property —and then to deny the subject property owner equal treatment, although similarly situated." o City Com'n of City of Miami v. Woodlawn Park Cemetery Co., 553 So. 2d 1227, 1233 (Fla. 3d DCA 1989). Submitted into the public record fo ite (s) l \\) , on 1/ i Lit 1 . City Clerk