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HomeMy WebLinkAboutSubmittal-Melissa Tapanes-Zoning Verification Case Study and Maps Packet1 Ifflll iilli Ililf Iflll lilll Iflll fl#1! 1III Iffl Victoria Mendez City Mornay CFH 2o19R.='299946 City of *Him&R BY, 31442 P9s 2815-2817 (3P9s) RECORDED 05/15/2019 09:42:11 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Telephone: (305) 416-1800 Telecopier: (305) 416-1801 E-MAIL: Lawamiamigov.com I hereby certify that, to the best of my knowledge, the attached is a true and correct copy of the Zoning Verification Letter dated March 26, 2019. ictoria ondez City Atto ey--..42 if/ 111 Date • Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk `` OF THE CITY ATTORNEY7/ 444 S.W.`�2nd Avenue,(�Suite 945�// Miami, Florida 33130-1910 C)40.4tV 4SvYm> a,M�, �55o,lu ane5- Zovi VQ(IT1(p,\AA Cm-e J��V QNY� 11 � 9 y � �s Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk EMILIO T. GONZALEZ, Ph.D. City Manager March 26, 2019 Ms. Alicia Garcia Babylon International, Inc. 555 NE 1 S"' Street #100 Miami, FL 33132 RE: 240 SE 14 Street, Miami, FL 33131 Folio No. 01-4139-068-0010 This letter hereby updates and revises Zoning Verification Letter ("ZVL") 2018-000279 dated September 21, 2018, with the below. By way of background, your inquiry stems from the conditions for relief set forth in the Declaration of Restrictions (the "Covenant") covering and running with the property located at 240 SE 14 Street, Miami, FL 33131, and recorded on December 16, 1983, in the Public Records of Miami -Dade County at Official Records Book 12000, Page 2469, which states in relevant part: If the zoning district or the regulations applicable to all the properties on South Bayshore Drive between S. E. 14th Street and S. E. 15th Road should change to permit any structure within such area to be used totally for offices, banks, or commercial uses, or combinations thereof or if the permitted FAR applicable to such area increases above that presently permitted, the subject property shall be relieved of the limitations contained herein which are more restrictive than the new district or regulations. Zoning Ordinance 9500 was in effect at the time the Covenant was executed, and the zoning district for the subject area was RG-3/7, General Residential, which provided a Floor Area Ratio ("FAR") of 1.72. In 1990, Zoning Ordinance 9500 was repealed and replaced by Zoning Ordinance 11000 and the subject area was rezoned in its entirety to R-4, Multifamily High -Density Residential, which similarly provided a FAR of 1.72. Today, the subject area is zoned T6-8-R pursuant to Miami21, the City of Miami's ("City") current Zoning Code, which permits a Floor Lot Ratio ("FLR") of five (5), with an additional twenty-five percent (25%) bonus through the Public Benefits Program. The FAR, when multiplied by the gross lot area of a property, and the FLR, when multiplied by the lot area of a property, determines the maximum floor area, also known as development capacity, for a site. The definitions of "gross lot area" and "lot area", and what is included and excluded for the purposes of what counts towards floor area (e.g. exterior corridors, patios, balconies, etc.), differ slightly between Zoning Ordinance 9500, Zoning Ordinance 11000, and Miami21. Nonetheless, it is reasonable to conclude that the permitted FAR applicable to the subject area, when converted to FLR under Miami21, has increased above what was permitted at the time the Covenant was entered into in 1983. With respect to the abovementioned use provision of the Covenant, and as stated previous zoning for the subject area under Miami21 is T6-8-R. The T6-R zoning designation does OFFICE OF ZONING 444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-215 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 OR BK 31442 PG 2817 LAST PAGE Ms. Alicia Garcia Babylon International, Inc. 555 NE 15th Street #100 Miami, FL 33132 RE: 240 SE 14 Street, Miami, FL 33131 Folio No. 01-4139-068-0010 uses, but permits commercial uses through the City's Warrant and Exception process, as set forth in Article 4, Table 3 of Miami21. Commercial uses however must be less than twenty-five (25%) of the building floor area total. That being said, the remaining floor area may be comprised of hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, thus permitting a structure to be used totally commercial purposes. Based on the above, both conditions for relief as set forth in the aforementioned referenced section of the Covenant have been satisfied. Lastly, this ZVL addresses solely those aspects of Miami 21 contained herein. Other restrictions, including, but not limited to platting, recorded covenants not addressed above, and the like, may affect the ability to develop the property in accordance with this ZVL. Accordingly, such inquiries should be addressed to the appropriate parties, if any. For your convenience, additional information regarding Miami 21 regulations may be obtained by visiting the Miami 21 website at www.Miami21,org or by contacting our zoning information counter at (305) 416- 1499. Sincerely Joseph A. Ruiz, Esq. Director/Zoning Administrator STATE OE,FLORIDA, CQUKfY OF DADE tiERfoY CERTIFY that t lef arue 1 5alvef the of eigind AW in tiv1s oAkw aP�//�iTT j *MN nay hand end tlBalal MARYSY RtM1M, C liR♦(, AD2O D.C. Submitted into the public record for item(s) PZ.13 . on 06/27/2019 , City Clerk 1 Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk Case Study: Non -Successional Zoning 20 SE 10 Street, 25 SE 10 Street, and 15 SE 10 Street. The City of Miami has corrected scrivener's errors in the Zoning Atlas administratively without requiring rezoning and without successional zoning. r Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk 1972 Land Donation • In December 1972, developer of 1000 Brickell, Inc. dedicated to the City of Miami 12,000 square feet of property at the intersection of SE 10 Street and 1 Avenue. o The dedicated property encompassed three parcels at 20 SE 10 Street, 25 SE 10 Street, and 15 SE 10 Street. o Under previous zoning code, Ordinance 11000, the dedicated property was designated Parks and Recreation (PR). Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk INVESTIGATION OF ZONING AT SOUTHEAST 10 STREET and 1 AVENUE SUBJECT PROPERTIES: 15 Southeast 10 Street, Miami, FL 33131 25 Southeast 10 Street, Miami, FL 33131 20 Southeast 10 Street, Miami, FL 33131 FOLIOS: DISTRICT: PREPARED BY: 01-020-7020-1080, 01-020-7020-1070, and 01-020-7030-1011 2 Guillermo De Nacimiento REQUEST: A constituent has requested that the City investigate the current zoning for the properties located at 15 Southeast 10 Street, (Folio # 01-020-7020-1080), 25 Southeast 10 Street, (Folio # 01-020-7020-1070), and 20 Southeast 10 Street, (Folio # 01-020-7030-1011). The constituent believed the existing zoning is a scrivener's. Both 15 Southeast 10 Street and 25 Southeast 10 Street are split zoned CS (Civic Space) and T6-48-B- 0 (Urban Core). The property at 20 Southeast 10 Street is zoned "T6-48-B-O" (Urban Core). Below the subject sites are highlighted in blue Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk City of Miami Planning Department BACKGROUND: On December 14, 1972, Resolution 72-774-B, was passed and adopted, dedicating 12,000 square feet of property, to the City of Miami, at the intersection of Southeast 10 Street and 1 Avenue. The dedication included two (2) tracts of land containing fifteen large Oak trees, which was subsequently designated PR (Park and Recreation) in order to preserve the fifteen large oak trees on the two (2) tracts (spanning three (3) Platted Lots). Currently, the CS (Civic Space) Transect Zone designation spans three (3) Parcels: 15 SE 10 Street (Perricone's Marketplace & Cafo), 25 SE 10 Street (Allen Moms Brickell Park), and 20 SE 10 Street (on the south side of 10 Street). Previously, the three sites were zoned PR under the previous 11000 Zoning code. See below for an excerpt of the exact language in Resolution No. 72-774-B. Resolution 72-774-8: Section 1. The developer, 1000 Brickell Inc., realizing that the variances es granted in Resolution No. 7A27- 74-would greatly increase the density of the area, and In consideration therefore, agrees to dedicate to the City 12,000 square feet of land et the intersection of S. E. 10th Street and 1st Avenue. Said land is divided into two tracts of approximately 3,000 square feet on the south side of 10th Street and approximately 9,000 square feet on the north side of 10th Street (Exact legal description to be provided by the developer). Section 2. - The developer, 1000 Brickell Inc., agrees to perpetually maintain the land described in Section 1, and more particularly to provide for the preservation of the fifteen large oak trees. The following is the exact legal description provided by the developer in the official Warranty Deed executed November 15, 1974 by 1000 Brickell, Inc.: And: Legal Description A portion of Lots 7 and 8, Block 72 South, CITY OF MIAMI, according to the plat thereof recorded Plat Book '8' at Page 41 of the Public Records of Dade County, Florida, being particularly described as follows: Begin at the South east corner of said lot; then run Northeasterly along the Southeasterly boundary of said Lots 7 and 8 a distance of 103.66 feet to the most Easterly corner of said Lot 8; thence run Westerly along the North boundary of said Lot 8 a distance of 103.51 feet to a point, said point being 109.56 feet East of the West boundary of said Block 72 South; thence run Southerly over and across said Lots 7 and 8 along a line parallel to the West boundary of said Block 72 South a distance of 100.09 feet to the point of intersection with the South boundary of said Lot 7; thence run Easterly along the South boundary of saki Lot 7 a distance of 76.28 feet to the Point of Beginning, containing an area of 9, 00 square feet, more or less, Lot 1, Block 73, SOUTH CITY OF MIAMI, according to the plat thereof recorded in Plat Book '8' at Page 41 of the Public Records of Dade County, Florida. 21Page Submitted into the public record for item(s) PZ.13 on 06/27/2019 , City Clerk City of Miami Planning Department LESS AND EXCEPTING THEREFROM the South 14 feet and the West 84.14 feet thereof. Containing an Area of 3,000 square feet, more or less. Below is an image of page 37 of the Official City Zoning atlas from 1990, showing the properties zoned PR (Parks and Recreation), which pre -dates the August 1, 1997, the purchase of the property. ffru !'( �tii'L113ii1}.T�`i531TTr eitatlitilleVr Sales information Previous Sale Price OR Book -Page Quelllcslbn Descrlpllon 09/28/2017 S16.180,200 30701-0401 Oual on DOS, multi -parcel sale 09/26/2017 3100 30701-0405 corrective, tex or OCD; min consideration 08/01/1997 1725.000 17753-3474 Other daque/ ed CONCLUSION: It is clear that the split zoning of 15 SE 10 Street and 25 SE 10 Street is not a scrivener's error. The intent of resolution R-72-0774B was to preserve 15 large oak trees at the intersection of SE 10 Street and 1 Avenue. Said trees are indeed located on both 25 SE 10 Street and 15 SE 10 Street parcels, as well as 20 SE 10 Street (across the street on the Southside of 10 street). The site was zoned PR (Parks and Recreation) prior to the 1000 Brickell Inc. purchase of the properties in 1997. The 1997 Warranty Deed recorded on August 7, 1997 clearly states that the property is "SUBJECT TO: Zoning, restrictions, reservations, prohibitions and other requirements imposed by governmental authorities. 3IPage Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk City of Miami Planning Department The existing zoning of the properties is not a scrivener error. To amend the existing zoning and FLUM for the site(s) the request must comply with the criteria found in Miami 21, Article 7, Section 7.1.2.8. Lastly, anyone who pursues an amendment to the zoning and FLUM for the properties must comply with the City's no net loss policy for Park Lands. 41Page Submitted into the puhlir record for item(s) PZ. 13 . on 06/27/2019 , City Clerk Ordinances and Repeals: Flip-flop between Civic Space and T6 • In 2013, pursuant to Ordinance No. 13396, the City approved a future land use change of 20 SE 10 Street from Parks and Recreation to Restricted Commercial with Urban Central Business District ("UCBD"). • Also in 2013, pursuant to Ordinance No. 13397 the City rezoned 20 SE 10 Street from Civic Space (CS) to T6-48B-O. This is non -successional zoning. City of Miami Legislation Ordinance: 13396 Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.n emigov.com File Number: 06-006131u Final Action Date: 6/27/2013 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "RESTRICTED COMMERCIAL" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on January 16, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-002 by a vote of ten to zero (10-0), item no. 2, recommending APPROVAL of the Future Land Use Change as set forth; and WHEREAS, the land use change will not result in a net loss of park space; and WHEREAS, the Clty Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE 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. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to smaN scale amendment prooedures subject to §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of 0.07± acres of real property at approximately 20 Southeast 10th Street, Miami, Florida, from "Public Parks and Recreation" with an "Urban Central Business District" ('UCBD") Overaly to "Restricted Commerdai" with a "UCBD" Overaly; as depicted in "Exhibit A", attached and incorporated. Section 3. It Is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale ally of Miami Page 1 of 2 File Id: 06-00613Ie (*Men: 5) Mooed Oa: 4/6/2019 Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk File Number: 06-006131u Enactment Number: 13396 development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, end objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small scale Future Land Use Map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of §420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Density will be "Restricted Commercial" within the Brickell Residential Density Increase Area, equal to 500 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and (f) The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the reviewing agencies pursuant to §163.3184(1Xc), Florida Statutes; and any other person or entity requesting a copy. Section 5. 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 6. This Ordinance may not become effective until thirty-one (31) days after second reading end adoption thereof pursuant and subject to §163.3187(5Xc), Florida Statutes. (1) Footnotes : (1) This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 pen 1 of File Id: 06-006131u (Yenlow: 5) Primed ON: 6/6,2019 City of Miami Legislation Ordinance: 13397 Fite Number: 06-00613zc Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk Cky Hap 3500 Pan American Drive Miami, FL 33133 www.mlernigov.corn Final Action Date: 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 "CS° CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on January 16, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-003 by a vote of ten to zero (10-0), item no. 3, recommending APPROVAL of the Zoning Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference end incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from "CS" Civic Space to "T6-48B-O" Urban Con Zone, for the property located at approximately 20 Southeast 10th Street, Miami, Florida, as 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. It is the intention of the City Commission that the provisions of this Ordinance shah become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to 'section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shaN become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} 6/27/2013 Csy of Miami Page I of 2 F/k Id: 06-016I3tc (Virden: 3) Printed On: 6/6 29I9 Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk FAQ Number: 06-00613zc Enactment Number: 13397 footnotes: {1) This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shaN become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever Is later. C. efwa.d rqe 1 of 2 File Id: 04-11•673te (Verson: 3) Printed Om: f/ /2OI f Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk Ordinances and Repeals: Flip-flop between Civic Space and T6 • In July 2017, the Miami Comprehensive Neighborhood Plan was once again amended to change the future land use designation of 20 SE 10 Street from Restricted Commercial with UBCD overlay to Public Parks and Recreation with UCBD overlay. • Also in July 2017, to preserve the property's original designation as a public park and to insure an improved pedestrian experience in the urban core, Ordinance No. 13397 was repealed and 20 SE 10 Street was again zoned Civic Space. This change, again, was done without regard for successional zoning. Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: (ID # 1118) Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27, 2013, WHICH AMENDED THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS" CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 20 S.E. 10 Street. [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. 16-00662Iu / Accela 1091. PURPOSE: Repeal of Ordinance No. 13397; changing the above Space Zone to T6-48B-O Urban Core Transect Zone Open". See companion File ID property from '"CS - Civic City of Miami PZAB Resolution Submitted into the public record for item(s) PZ.13 on 06/27/2019 , City Clerk City Hal 3500 Pan American Drive Mwmi, FL 33133 www.miamipov.00m A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOAR® RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITl-I ATTACHMENT(S), REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27, 2013, WHICH AMENDED THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS" CIVIC SPACE ZONE TO "T6.48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City Commission, at its meeting on June 27, 2013, following an advertised public hearing at which all interested persons were afforded the opportunity to be heard, adopted Ordinance No. 13397 which amended the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from "CS" Civic Space Zone to "T6-46B-O" Urban Core Zone, for the property located at approximately 20 Southeast 10 Street, Miami, Florida ('Property'); and WHEREAS subsequent to that date, litigation and related proceedings involving multiple parties have precluded the realization of the public benefits that were envisioned by the foregoing legislation; WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on July 20, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-_ by a vote of _ to _ %J, item No. _, recommending of the Repeal of Ordinance No. 13397, adopted on June 27, 2013, as set forth; and W H EREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to repeal Ordinance No. 13397; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. The City Commission finds and concludes that: a. Ordinance No. 13397 is hereby repealed and shall be of no force and effect for any or all purposes. b. The City Clerk is hereby directed to reflect in the records of the Clty of Miami ("City') the repeal of Ordinance No. 13397, and any notations to the effect of such repeal made by the City Clerk are hereby approved. Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk c. The Property will revert to the zoning classification of Civic Space that existed prior to the enactment of Ordinance No. 13397. d. The City Manager or his designee is hereby directed to enter into the records of the City the act of the City Commission repealing Ordinance No. 13397 and to cause the zoning classification of the Property located at approximately 20 Southeast 10 Street to be classified In the Zoning Atlas as "CS" Civic Center Zone. Section 3. It is the intention of the City Commission that each provision hereof be considered severable, and that the invalidity of any provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. Section 4. All rights, actions, proceedings of the City, including the City Commissioners, the City Manager, or any of its departments, boards or officers undertaken pursuant to the existing Code provisions, shall be enforced, continued or completed, in all respects, as though begun or executed hereunder. Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. APPROVED AS TO LEGAL FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk City of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR CHANGE OF ZONING File ID: 16-00662zc Applicant(s): Daniel J. Alfonso, City Manager, on behalf of the City of Miami 3500 Pan American Drive, Miami, FI. 33133 Location: Approximately 20 Southeast 10th Street (3,092 sq. ft.) Miami, Ft. 33130 Commission District Commissioner Ken Russell - District 2 Net District Office: Downtown NET A. GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8.2.b.1, of Ordinance 13114, as amended, the "Zoning Ordinance of the City of Miami' to repeal Ordinance 13397, adopted on June 27, 2013; end request per litigation and related proceedings Involving multiple parties, to revert the existing zoning back to "Civic Space Transect Zone" (CS) with "Urban Central Business District" from 'Urban Core Transect Zone (T8-4$$-O)" with "Urban Central Business District" for 20 Southeast 10m Street (3,092 sq. ft.) Miami, FI. 33130 (Folio 01-020-7030-1011) in order to accurately reflect its original designation of 'Public Parks", do to changing conditions that would result in an Improved pedestrian realm to the urban core. A charge to the Future Land Use Map (FLUM) classification oaresponding to the proposed Transect Zone changes would be required as a companion Item (Fie ID No.18-006621u). Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk B. RECOMMENDATION: Based on the aforementioned Information request, the Department Planning and Zoning recommends to revert back and repeal Ordinance 13397, adopted on June 27, 2013; to 'Public Park and Recreation" with "Urban Centre! Business District" ze,,t Mks erim Chief of Land Development Attachment: FNe-06.00613zc AEP V21/2016 Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk MIAM 121 (EXISTING) 16-00662zc BRICKELL FINANCIAL SETBACK AREA N ADDRESS: 20 SE 10 ST f 0 45 90 180 Feet Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk MIAMI 21 (PROPOSED) 16-00662zc ADDRESS: 20 SE 10 ST 0 45 90 180 Feet 0 62,5 125 250 Feet AERIAL 16-00662Iu/zc Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk ADDRESS: 20 SE 10 ST Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk February 2018 Investigation of Zoning - No scrivener's error • In February 2018, an Investigation of Zoning was conducted that pertained to all three parcels: 20 SE 10 Street, 25 SE 10 Street, and 15 SE 10 Street. o Citing only the 1972 dedication of land and an Official City Zoning Atlas from 1990, and neglecting to mention the flip-flopping that had occurred with 20 SE 10 Street, Planning Staff unexpectedly concluded "it [was] clear that the split zoning" of these parcels "was not a scrivener's error." o Further, Planning Staff emphasized that the only way to change the zoning was to amend the existing zoning following the procedures in Article 7, Section 7.1.2.8 of Miami 21. The goal of Miami 21 is successional zoning meaning that a property should be rezoned to the next intensity Transect Zone. • These statements are contradictory to the zoning history of the property located at 20 SE 10 Street, which was CS, rezonedT6-48-O, and then rezoned again to CS without any regard for successional zoning. • Planning Staff held that when no scrivener's error is found, formal procedures are needed to rezone. Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk INVESTIGATION OF ZONING AT SOUTHEAST 10 STREET and 1 AVENUE SUBJECT PROPERTIES: 15 Southeast 10 Street, Miami, FL 33131 25 Southeast 10 Street, Miami, FL 33131 20 Southeast 10 Street, Miami, FL 33131 FOLIOS: 01-020-7020-1080, 01-020-7020-1070, and 01-020-7030-1011 DISTRICT: 2 PREPARED BY: Guillermo De Nacimiento REQUEST: A constituent has requested that the City investigate the current zoning for the properties located at 15 Southeast 10 Street, (Folio # 01-020-7020-1080), 25 Southeast 10 Street, (Folio # 01-020-7020-1070), and 20 Southeast 10 Street, (Folio # 01-020-7030-1011). The constituent believed the existing zoning is a scrivener's. Both 15 Southeast 10 Street and 25 Southeast 10 Street are split zoned CS (Civic Space) and T6-48-B- 0 (Urban Core). The property at 20 Southeast 10 Street is zoned "T6-48-B-0- (Urban Core). Below the subject sites are highlighted in blue Submitted into the public record for item(s) pZ, 13 on 06/27/2019 City Clerk City of Miami Planning Department BACKGROUND: On December 14, 1972, Resolution 72-774-8, was passed and adopted, dedicating 12,000 square feet of property, to the City of Miami, at the intersection of Southeast 10 Street and 1 Avenue. The dedication included two (2) tracts of land containing fifteen large Oak trees, which was subsequently designated PR (Park and Recreation) in order to preserve the fifteen large oak trees on the two (2) tracts (spanning three (3) Platted Lots). Currently, the CS (Civic Space) Transect Zone designation spans three (3) Parcels: 15 SE 10 Street (Perricone's Marketplace & Cafe), 25 SE 10 Street (Allen Morris Brickell Park), and 20 SE 10 Street (on the south side of 10 Street). Previously, the three sites were zoned PR under the previous 11000 Zoning code. See below for an excerpt of the exact language in Resolution No. 72-774-8. Resolution 72-774-B: Section 1. The developer, 1000 Brickell Inc., realizing that the variances as granted In Resolution No. 7A27- 74-would greatly increase the tensity of the area, and in consideration therefore, agrees to dedicate to the City 12000 square feet of land et the intersection of S. E. 10th Street and 1st Avenue. Said land is divided into two tracts of epproximately 3,000 square feet on the south side of 10th Street and approximately 9,000 square feet on the north side of 10th Street (Exact legal description to be provided by the developer). Section 2. - The developer, 1000 Brickell Inc., agrees to perpetually maintain the land described In Section 1, and mom particularly to provide for the preservation of the fifteen large oak trees. The following is the exact legal description provided by the developer in the official Warranty Deed executed November 15, 1974 by 1000 Brickell, Inc.: And: Legal Description A portion of Lots 7 and 8, Block 72 South, CITY OF MIAMI, according to the plat thereof recorded Plat Book 'B' at Page 41 of the Public Records of Dade County, Florida, being particularly described as follows: Begin at the South east comer of said lot; then run Northeasterly along the Southeasterly boundary of said Lots 7 and 8 a distance of 103.66 feet to the most Easterly corner of said Lot 8; thence run Westerly along the North boundary of said Lot 8 a distance of 103.51 feet to a point, said point being 109.56 feet East of the West boundary of said Block 72 South; thence run Southerly over and across said Lots 7 and 8 along a line parallel to the West boundary of said Block 72 South a distance of 100.09 feet to the point of intersection with the South boundary of said Lot 7; thence run Easterly along the South boundary of said Lot 7 a distance of 76.28 feet to the Point of Beginning, containing an area of 9, 00 square feet, more or less, Lot 1, Block 73, SOUTH CITY OF MIAMI, according to the plat thereof recorded in Plat Book "B" at Page 41 of the Public Records of Dade County, Florida. 2IPage City of Miami Planning Department Submitted into the public record for item(s) PZ, 13 on 06/27/2019 City Clerk LESS AND EXCEPTING THEREFROM the South 14 feet and the West 84.14 feet thereof. Containing an Area of 3,000 square feet, more or less. Below is an image of page 37 of the Official City Zoning atlas from 1990, showing the properties zoned PR (Parks and Recreation), which pre -dates the August 1, 1997, the purchase of the property. Sales Information Previous Selo I Prlc. OR Sook•Page Ouellikeaon Oe.crlp4 on 09/28/2017 I $18,180,200 30701-0401 Oral on DOS, multi-p.rc.l .ale 09/28/2017 3100 30701-0405 Corrective. lax or OCD: min conskl.relion 08/01/1897 1725.000 17753-3474 Oster dpuaYlled CONCLUSION: It is clear that the split zoning of 15 SE 10 Street and 25 SE 10 Street is not a scrivener's error. The intent of resolution R-72-0774B was to preserve 15 large oak trees at the intersection of SE 10 Street and 1 Avenue. Said trees are indeed located on both 25 SE 10 Street and 15 SE 10 Street parcels, as well as 20 SE 10 Street (across the street on the Southside of 10 street). The site was zoned PR (Parks and Recreation) prior to the 1000 Brickell Inc. purchase of the properties in 1997. The 1997 Warranty Deed recorded on August 7, 1997 clearly states that the property is "SUBJECT TO: Zoning, restrictions, reservations, prohibitions and other requirements imposed by governmental authorities. 3IPage Submitted into the public record for item(s)pZ, 13 on _ 06/27/2019 City Clerk City of Miami Planning Department The existing zoning of the properties is not a scrivener error. To amend the existing zoning and FLUM for the site(s) the request must comply with the criteria found in Miami 21, Article 7, Section 7.1.2.8. Lastly, anyone who pursues an amendment to the zoning and FLUM for the properties must comply with the City's no net loss policy for Park Lands. 41Page Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk April 2018 Investigation of Zoning and Subsequent Legislation - Scrivener's error to be corrected administratively • In April 2018, Planning Staff issued another report pertaining only to 15 SE 10 Street, also known as the Perricone's property. o Planning Staff found no evidence that any portion of the Perricone's property should be zoned CS. On the other hand, Planning Staff found sufficient documentation evidencing that the entirety of Allen Morris Park, which encompassed the entirety of 20 SE 10 Street and 25 SE 10 Street had been dedicated and should be zoned CS. o Planning Staff concluded that the zoning of Penicone's property as CS was a scrivener's error and that the CS designation on the Perricone's property should have been applied to the remainder of the Allen Morris Park parcel at 25 SE 10 Street. Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk SUBJECT PROPERTY: 15 Southeast 10 Street, Miami, FL 33131 • December 14, 1972 — a resolution (72-774-B) was passed and adopted, dedicating 12,000 square feet of property, to the City of Miami, at the Intersection of Southeast 10 Street and 1 Ave. o The dedicated land included two (2) tracts of land containing fifteen large Oak trees, to be preserved, on two (2) tracts (spanning three (3) Platted Lots). • November 15, 1974 — The exact legal description was provided by the developer (1000 Brickell, Inc.) on the official Warranty Deed. The legal description exactly describes a parcel of approximately 9,000 ft2 (Allen Morris Park) on the north side of Southeast 10 Street, and a parcel of approximately 3,000 ft2 (20 SE 10 ST) on the south side of 10 Street. • In my research I have not found a legal document indicating that any portion of 15 SE 10 ST (Perriconne's) should be zoned CS. However, I have found sufficient documentation which clearly delineates the entirety of the Allen Morris Park parcel as being the land deeded over to the City to be used as Park space. Therefore, it is my belief that the CS designation on the Perriconne's site is indeed a scrivener's error and should have been applied to the remainder of the Allen Morris Park parcel (25 SE 10 ST). l:L? 4 »i;fl' r cr j Waal rux Subject Site Parcels Streets Submitted into the puoiic record for item(s) PZ. 13 . on 06/27/2019 , City Clerk Administrative Atlas Correction due to Scrivener's Error • Due to finding a scrivener's error, the Perricone's property was rezoned administratively to T-48B-0. • The rezoning to correct the City's scrivener's error was discussed at City Commission on May 10, 2018, and the map was corrected. • No formal rezoning procedure was required. City of Miami Legislation Discussion Item Submitted into the public record for item(s) PZ. 13 on 06/27/2019 , City Clerk City Hail 3500 Pan American Drive MNaml, FL 33133 www.rniamigov.cwn File Number: 4052 Final Action Date: 611012018 A DISCUSSION TO PRESENT AN ADMINISTRATIVE ATLAS CORRECTION AFFECTING PROPERTIES AT 15 SOUTHEAST 10TH STREET AND 25 SOUTHEAST 10TH STREET. cly.fMinn! Pori of 1 Hie ID: 4012 ) Mend On: 5111/2011 .jii Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk City of Miami CGyH.M 3500 Pan American Drive Miarnl, FL 33133 Master Report www.mrsmigov.com Enactment Number: File Number: 4052 File Type: Discussion Item Status: DISCUSSED Revision: Controlling Body: City Commission File Name: Discussion - Administrative Atlas Correction Introduced: 4/20/2018 Requesting Dept: Department of Planning Final Action Date: 5/10/2018 Title: A DISCUSSION TO PRESENT AN ADMINISTRATIVE ATLAS CORRECTION AFFECTING PROPERTIES AT 15 SOUTHEAST 10TH STREET AND 25 SOUTHEAST 10TH STREET. Sponsors: Notes: Links: Attachments: History of Legislative File: Revision: Acting Body: Date: Action: Result: City Commission 5/10/2018 Meeting Completed City Commission 5/10/2018 DISCUSSED Passed Cry o/ Mon/ Pa Igo 1 o/ 1 Primed on: 51112018 AGENDA ITEM SUMMARY FORM File ID: #4052 Date: 04/20/2018 Commission Meeting Date: 05/10/2018 Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk Requesting Department: Department of Planning Sponsored By: District Impacted: District 2 Type: Discussion Item Subject: Discussion - Administrative Atlas Correction Purpose of Item: To present an administrative atlas correction affecting properties at 15 Southeast 10th Street and 25 Southeast 10th Street. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal impact: Department of Planning Office a Management and Budget Office of Management and Budget City Mang s Office City Manager's Office Legislative Division Office a the City Attorney Office a the City Attorney City Commission Reviewed BV Luciano Gonzalez Fred Pericles Christopher M Rose Nzerlbe 1Mkwaba Nicolas Pascual Carping Bezel Carolina Bezel Cerolna Bezel Maricarmsn Lopez Department Fired Review Budget Analyst Reviser Budget Review AsNstanl City Manager Review C11y Manager Review Legislative OfMslon RMsw Deputy City Attorney Review Approved Form and Correctness Meeting Cor.pmed 04/25n018 8:32 PM Completed 04/27/201 8 4:32 PM Completed 0M2e/2018 10:34 AM Completed 04/30/2010 2:23 PM Completed 05/01/201812:17 PM Skipped 04/30/201e 1:13 PM Skipped 04/30/2018 1:13 PM 51< 04/30/20181:13 PM Completed 05/10/201e 9:00 AM m 1i N Y L G1 U U E N -a O LO U c O After Administrative Correction Before Administrative Correction Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk File ID: Title: Location: Applicant(s): PZAB.5 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-00655zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR 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. Approximately 240 SE 14th Street [Commissioner Ken Russell - District 2] A. Vicky Garcia -Toledo, Esq. on behalf of Babylon International Inc. 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 305-350-2409 Daniel J. Alfonso, City of Miami City Manager 3500 Pan American Drive Miami, Florida 33133 305-416-1025 Purpose: This will change the zoning classification for the above property from "T6-8-R" to "T6-48a-O". Item includes a covenant. Finding(s): Planning and Zoning Department: Recommended approval. Planning, Zoning and Appeals Board: January 6, 2016. City of Miami Planning and Zoning Department ANALYSIS FOR CHANGE OF ZONING FILE ID: 14-00655zc APPLICANT: Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk 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. 14-00655zc Page 1 of 3 Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subiect 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 Subiect 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 (aX3) & (f)(2) of Miami 21: Rezone of 240 SE 14th 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 Submitted into the public record for item(s) PZ. 13 . on 06/27/2019 , City Clerk 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 MIAMI 21 ZONING MAP (EXISTING) 0 150 300 1 t 1 600 Feet Submitted into the public record for item(s) rt., . on 06/27/2019 , City Clerk ADDRESS: 240 SE 14 ST 0 MIAMI 21 ZONING MAP (PROPOSED) 150 300 600 Fee.&; 1 Submitted into the public record for item(s) PL I�j . on 06/27/2019 , City Clerk ADDRESS: 240 SE 14 ST SE 14 r{H 'a 150 300 i t 1 600 Feet Submitted into the public record for item(s) PI,15 on 06/27/2019 , City Clerk :L 1 EGIP gutgatrpirk. eao ADDRESS: 240 SE 14 ST City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00655zc Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR 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. LOCATION: Approximately 240 SE 14th Street [Commissioner Ken Rusell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami and Vicky Garcia -Toledo, Esquire, on behalf of Babylon International, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended ". PURPOSE: This will change the zoning classification for the above property from "T6-8-R" to "T6-48a-O". Item includes a covenant. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (* *), item no. ', recommending * of the Zoning Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE 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 Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from """ * to "*"', for the property located at approximately *, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall City of Miami Page I of 2 File Id: 14-00655zc (Version: 1) Printed On: 12/28/2015 Submitted into the public record for item(s) QZ, lb on 06/27/2019 , City Clerk File Number: 14-OO655zc become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Submitted into the public record for item(s)_9L, l on 06/27/2019 , City Clerk Footnotes: {1 } This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 2 of 2 File Id: 14-00655zc (Version: 1) Printed On: 12/28/2015 City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00655zc Version: 2 File Type: Ordinance Status: First Reading 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 ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, IY 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. Sponsors: Notes: Indexes: Attachments: 14-00655zc PZAB 01-06-16 Analysis & Application.pdf,14-00655zc 02-25-16 CC FR Fact Sheet.pdf,14-00655zc 03-24-16 CC FR Fact Sheet.pdf,14-00655zc 09-22-16 CC FR Fact Sheet.pdf,14-00655zcAnalysis, Maps & PZAB Reso.pdf,14-00655zc Supporting Docs.pdf,14-00655zc Legislation (v2).pdf,14-00655zc Exhibit.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Planning, Zoning and 1/6/2016 Recommended Appeals Board Denial 2 Office of the City 2/9/2016 Reviewed and Attorney Approved 2 City Commission 2/25/2016 CONTINUED 2 City Commission 3/24/2016 INDEFINITELY DEFERRED 2 City Commission 9/22/2016 INDEFINITELY DEFERRED City Commission Pass Pass Pass Pass Submitted into the public record for item(s) PZ, t3 , on 06/27/2019 , City Clerk City of Miami Page 1 Printed on 2/14/2017