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HomeMy WebLinkAboutAnalysis & Maps•y City of Miami Planning and Zoning Department Division of Land Development ANALYSIS FOR REZONING PZAB File ID No. 1668 Applicant(s): Art Plaza, LLC (the "Applicant"), represented by Iris Escarra, Esq.- Greenberg Traurig, PA Location: Approximately 1336, 1348, and 1366 NE 1 Av.; 50 and 58 NE 14 Street; and 1335 NE Miami Court, Miami, Florida 33132 Commission District District 2 — Commissioner Ken Russell Net District Office: Downtown/Brickell NET A. GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, The "Applicant" is requesting a Rezoning for the properties located at: 1336, 1348, and 1366 NE 1 Ave.; 50 and 58 NE 14 Street; and 1335 NE Miami Court, Miami, Florida within the Urban Core Transect Zone, from T6 -24A-0 to T6 -24B-0. Illustration 1: Subject property (Aerial) SUBJECT PROPERTIES: The subject properties encompass an entire the city block; generally bounded to the North by NE 14th St, to the East by NE 1st Ave., to the South by NE 13th Ter., and to the West by NE Miami Ct. The assemblage of the properties, comprises six parcels totaling approximately 53,025 square feet or 1.22 acres, as depicted in "Table No.1: Property description and rezoning request" (complete legal description of the property is on file with the Hearing Boards Office). Public Alley: The above referenced city block is bisected in North to South by a 10 foot wide alleyway per Plat Book B at Page 87 and Plat Book 6 at Page 43 of the Public Records of Miami -Dade County, and identified in the City of Miami as 23M10. This alley was closed by Ordinance 13492 on March 23, 2015. To develop the property as a single block the City of Miami Ordinance 13492 provides: "If the property owners whose land abuts the alley desire that an easement reservation be released, the property owners must petition the Director of the Public Works Department in writing to request the release of the easement reservation and, as part of the petition, the property owners are to submit release letters from all utility companies stating that said utility company will release any interest in an easement for the closed and vacated alley. Upon verification of the petition and release letters, the Director of the Public Works Department may release said easement reservation"'. Table No. 1: Property description and rezoning request # Folio No. Address Lot Size (Sq.Ft.)* Zoning Classification Current Proposed 1 0131360090030 1336 NE 1 Avenue 6,250 T6 -24A-0 (Urban Core Transect Zone- Open T6-2413-0 (Urban Core Transect Zone- Open 2 0131360090020 1348 NE 1 Avenue 12,500 3 0131360090010 1366 NE 1 Avenue 6,900 4 0131360090060 50 NE 14 Street 8,925 5 0131360090050 58 NE 14 Street 5,950 6 0131360090040 1335 NE Miami Court 12,500 53,025 Note: Lot size in Table 1 reflects information obtained from public records. The surveys provided as part of the application show adjustments in size when considering dedications. The aggregate area as per Survey is 54,848.47 sq. ft. (1.26 ± acres). The request depicted in Table 1 qualifies to be considered for a rezone pursuant to Miami 21 Code, Sec. 7.1.2.8(c) by including at least forty thousand (40,000) square feet of land area for the proposed rezoning. 1 City of Miami Ordinance 13492, dated March 23, 2015, modifying Chapter 54 Streets and sidewalks, Art.1, Sec. 54-4.1 Public Alleys (b) PZAB File ID No. 1668 Page 2 of 9 B. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN: The properties proposed for the rezone from T6 -24A-0 to T624 -B -O have a Future Land Use Map (FLUM) designation of "General Commercial". Pursuant to the "Correspondence Table -Zoning and Comprehensive Plan 112 provided by the Miami Comprehensive Neighborhood Plan, the existing FLUM is compatible with the current and proposed zoning designation; therefore, a FLUM amendment is not required as part of this rezoning request. The subject properties are located within the Omni Residential Density Increase Area, which allows up to 500 residential units per acre. The subject properties also falls within the Urban Central Business District (UCBD), which targets the single urban core area in the City of Miami. The UCBD is proposed to provide mass transit service, becoming in the appropriate environment to house high-density and multi -use developments. C. BACKGROUND AND PROPOSAL: The subject properties are located in an area designated T6 -24A-0, located, just south to the City of Miami Cemetery and Illustration 2: Zoning context north of 395 Expressway, and flanked to the east with an area designated T6 -36B-0, and to the west with portions of D-1 and D-2 Transect Zones. The Transect Zone designations in the area provides for a transition in FLR and height decreasing to the west as it is shown in Table No. 2: Transition context Table No. 2: Zoning transition in the area T6 -24-A-0 yf�, T6 -36 -B -O 5 rn�s c 3crGaEP Y a �° V 6WA T6 -36-B-0 �~ Dev. Criteria Transect Zone D -1/D-2 *lT6-24-A-0 *lT6-36-B-0 FLR (multiplier) - 7 22 Bonus - 30% 40% Height (Stories) 8+2/8 24+24=48 36+24= 60 2 "Correspondence Table -Zoning and Comprehensive Plan" Miami Comprehensive Neighborhood Plan Goals, Objectives and Policies, October 2015, page 26. PZAB File ID No. 1668 Page 3 of 9 The development maximums for the existing and the proposed zoning designation theoretically would be as follows: Lot size: 54,848.47 sq.ft (1.26 ± acres) Density: 500 DU/acre Max. Res. Unit allowed: 630 Res Units. T6 -24 -A -O LOT OCCUPATION a. Lot Area c. Lot Coverage Multiplier Addit'I Publ. Benefit Total FLR allowed Stories 1=> 8: 6 Remaining FLR Res. floorplate Max. Height 54,848.47 sq.ft 80% 7 30% x Floorplate (*) Res.(1) - Office (2) Towers Podium (*) A - (Res.) A (Office) 43,878 383,936 115,180.80 499,117 263,270 235,846 15,000 16 F 22 sq.ft sq.ft 30,000 sq.ft 18 Stories sq.ft Stories 26 sq.ft sq.ft sq.ft 235,846 sq.ft sq.ft (1) 30,000 sq.ft (2) Stories 8 Stories Stories 6 Stories Stories 14 Stories 228,008 sq.ft x .8 vert. circ = 600 sf/unit= 304 Res.units => 314 DUlacre T6 -24 -B -O LOT OCCUPATION a. Lot Area c. Lot Coverage Multiplier Addit'I PubL Benefit Total FLR allowed Stories 1=> 8: 8 Remaining FLR Res. floorplate Max. Height 53,025 sq.ft 80% 16 0% x Floorplate (*) Res.(1) - Office (2) Towers Podium (*) B - (Res.) 43,878 877,568 _n_ ts t t,5tiu 351,027 526,541 15,000 35 8 43 sq.ft sq.ft sq.ft sq.ft sq.ft sq.ft sq.ft (1) Stories Stories Stories B (Office) 526,541 sq.ft 30,000 sq.ft (2) 18 Stories 8 Stories 26 Stories 509,040 sq.ft x .8 (vert. circ) = 600 sf/unit = 742- 630 units + 200% _> &W 500 DU/acre As a result, it is possible to conclude that, for the scenario of a residential development, the requested T6-2413-0 will increase the development capacity of the subject property by 200 -percent more PZAB File ID No. 1668 Page 4 of 9 residential units by right, without providing any Public Benefit. This scenario will double the impact to the streets, roads, all type of utilities, school and health service and to the immediate neighborhood and surrounding areas, creating a precedent for the whole area without a traffic study and other urbanistic considerations. It is foreseeable that this impact will have also repercussions on the historic designated properties located close to the subject property, as well as other properties that may be designated in the future. Illustration 3: Historic designated properties in the vicinity It is necessary to highlight that some of the projects within the vicinity used as reference in the applicant's Letter of Intent (LOI) to support the request, were approved under the previous 11000 Zoning Ordinance, the former zoning ordinance of the City of Miami. Other developments used to support the request are located within a T6 -36B-0 Transect Zone, and for that reason they were not considered in this staff report. D. ANALYSIS: This application requests the rezoning of the properties generally located at 1336, 1348, and 1366 NE 1 Av.; 50 and 58 NE 14 Street; and 1335 NE Miami Court, Miami, Florida from T6 -24A-0 (Urban Core Transect Zone — A -Open) to T6 -24B-0 (Urban Core Transect Zone - B - Open). This request is made as consequence of the approval on July 2016, of the rezoning to T6 -24B-0 of the abutting properties to the north. Even though the impact of the rezoning was not reduced, it was proffered with a Declaration of Restrictive Covenants to provide for 96 Work -Force residential units. For the subject rezoning request, there is no mitigation nor Public Benefit proposed. PZAB File ID No. 1668 Page 5 of 9 The Illustration 4, shows the previously approved rezone (July 29, 2016) and another rezoning application taking place in the same area. Illustration 4: Rezoning requested to T6 -24B-0 in the surrounding area i D21 11 _ NE 1'7Tki ST 7 e 2. = J W T' U d V I Nr�,i siH STS • • - � NE 19TH TER , • Erme -13619 Jul29,2016 _ . NE 74.TH ST Curr, Request st 1 for - ; U NE 13TH R • , � NE 43TH 5S � NW 17TH SF ; �'"'--•.,.�— —' - � �. ' - The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a), (a)(3), (c)(1) & (f)(2) of Miami 21, as well as to the additional pertinent criteria derived from the letter of intent. The background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria 1 Sec.7.1.2.8 (c) (1) "Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street". Analysis of The request is for the rezoning of six properties of which the aggregated Criteria 1 area involves more than forty thousand (40,000) square feet of land area (See Table 1 above). PZAB File ID No. 1668 Page 6 of 9 This request can also be considered as an extension of an existing Transect Zone. Abutting properties to the north where rezoned to T6 -24B-0 pursuant to enactment No. 13619, of July 29, 2016, and this request is the consequent domino effect of an intrusion of density an intensity taking place in the area. Finding 1 The request complies with requirement for rezoning as set forth in Miami 21 Code, Sec. 7.1.2.8 (c) (1). Criteria 2 Sec.7.1.2.8 (f)(2) 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 this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. Analysis of The rezoning, as requested, is indicated as successional by Miami 21 Code. Criteria 2 Finding 2 The rezoning, as requested, matches with the successional table for rezoning set forth in Miami 21 Code, Sec. 7.1.2.8 (a)(2), and consequently comply with Sec.7.1.2.8 (f) (2). Criteria 3 Are the proposed changes related to adjacent and nearby districts, and within the scale and needs of the neighborhood? Analysis of This request is made as consequence of an approval on July 2016, of the Criteria 3 rezoning to T6 -24B-0 of the abutting properties to the north. Although the impact of the rezoning was not reduced, it was proffered with a Declaration of Restrictive Covenants providing for 96 Work -Force residential units. For this rezoning request there are no mitigation proposed. Finding 3 The requested rezoning, represents an intrusion of higher density an intensity in the area, entailing significant impact to the "Level of Services" in the area. No proposals for mitigation of the possible adverse effects has been provided. Staff deems this rezoning request as inappropriate and foresees severe impact to the area by maxing out the density and doubling the development capacity provided by the current Transect Zone classification of T6 -24A-0. Criteria 4 Pursuant to the Miami Comprehensive Neighborhood Plan Goals, Objectives and Policies, October 2015, the subject properties are: PZAB File ID No. 1668 Page 7 of 9 • Designated "General Commercial" Future Land Use Map (FLUM) classification as well as other overlays that allows for highest density • Located within the Omni Residential Density Increase Area, which allows up to 500 residential units per acre • Located within the Urban Central Business District (UCBD), which identifies the single urban core area within the City of Miami and is proposed to contain mass transit service, and consequently provide for the appropriate environment to house high-density multi -use developments. • Located within the Omni CRA Analysis of The FLUM classification assigned to the subject properties provide for Criteria 4 general Uses and high Density that are further regulated by the development capacity provided by the Transect Zone classification assigned by the Miami 21 Code. The rezoning request does not provide detailed analysis nor traffic study that provides proof that the immediate surrounding area can tolerate doubling development capacity as well as the number of residential units. "General Commercial" FLUM classification is the broad regulation assigned by the MCNP and fits and can be regulated by the following Transect Zones T6-8 (L & O), T6-12 (L & O), T24 (L & O), T6-36 (L & O), and T6-48 (L & O). As required by the Miami 21 Code, Sec. 3.12.1. Design Guidelines, the vision provided by the "OMNI CRA Streetscapes: Performing Arts & Media Entertainment District" has to be reflected in the design of the buildings within the OMNI CRA area, regardless the limitations imposed by the Transect Zone assigned. Finding 4 The analysis provided in the application as part of such ambitious request, should provide evidence of the capacity of the area to absorb the proposed impact, including but not limited to analysis of Level of Services (LOS) for the utilities, school, and Traffic Study to observe the proposed impact with this request. Given the Applicant represents the three blocks changing in the area (Illustration 4), the analysis should include the impact provided by the rezoning of all three blocks to the whole area and to the Increment III of the Downtown DRI area. Being located within a Residential Density Increase Area is not a justification for the rezoning request to higher density. Criteria 5 The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. PZAB File ID No. 1668 Page 8 of 9 Analysis of Even though the request does not require for a FLUM amendment, the Criteria 5 rezoning entails significant increase in the number of units allowed and therefore bad on public facilities such as schools, utilities, streets, etc. Finding 5 The existing T6 -24A-0 district boundaries where the subject properties are located does not show evidences of been illogically drawn in relation to existing conditions on the property proposed for change. The applicant needs to justify the request, and not only propose the mechanism to make it happen. The impact of the proposed rezoning to the immediate neighborhood and surrounding areas needs to be assessed in depth to mitigate any possible adverse effect. Criteria 6 It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. Analysis of The subject properties are buildable. Staff in unaware of any hardship or Criteria 6 condition that prevent them to be designed and built complying with Miami 21 Code. Finding 6 Not granting the rezoning does not entail any limitation to the property owner. E. CONCLUSION: The analysis provided as part of the application does not justify the rezoning as requested, The rezoning within the Urban Core Transect Zone from T6 -24A-0 to T6 -24B-0 is an intrusion of density and intensity that entails significant impact to the immediate neighborhood and surrounding areas. F. RECOMMENDATION: Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Department of Planning and Zoning recommends Denial of the rezoning requested of the properties generally located at: 1336, 1348, and 1366 NE 1 Av.; 50 and 58 NE 14 Street; and 1335 NE Miami Court, from T6 -24A-0 to T6-2413-0. Ja ueya Els ChibfAf Land Development SEG 2/17/2017 PZAB File ID No. 1668 Page 9 of 9 EXHIBIT "A" fl LEGAL DESCRIPTION: LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 1, OF CORRECTED PLAT OF BLOCK ONE, BALDWIN OXAR & OXAR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 43 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MIAMI 21 AS ADOPTED - MAY 2016 ARTICLE 4. DIAGRAM 9 RESIDENTIAL DENSITY INCREASE REFER TO MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN IV26 OMNI 500 units/acre SOUTH EAST OVERTOWN 300 units/acre PARK WEST 500 units/acre CBD 1,000 units/acre RIVER QUADRANT 500 units/acre LITTLE HAVANA 200 units/acre BRICKELL 500 units/acre File Number: 14-00345 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL", MORE PARTICULARLY BY CREATING NEW SECTION 54-4.1, ENTITLED "PUBLIC ALLEYS", TO CLOSE AND VACATE CERTAIN PUBLIC ALLEYS THAT ARE NOT PAVED AND ARE NOT UTILIZED FOR VEHICULAR ACCESS ACCORDING TO THE CRITERIA SET FORTH IN NEW SECTION 54-4.1; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami 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 ("City") and its inhabitants to amend the Code of the City of Miami, Florida, as amended, ("City Code") to close and vacate certain public alleys that are not paved in their entirety and not utilized for vehicular access to a property abutting the public alley, according to the criteria set forth in new Section 54-4.1; 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 fully set forth in this Section. Section 2. Chapter 541 Article 1 of the City Code, entitled "Streets and Sidewalks/In General", is amended in the following particulars: (1) "CHAPTER 54 W111 =01 11011.601110-317ATi►1A;Lf-1 ARTICLE 1. IN GENERAL Sec. 54-4.1. Public Alleys. (a) Public alleys that meet the following criteria_ (identified on Exhibit A and which by reference is made a part of this Section), are closed, vacated, abandoned and discontinued for the purpose of which they were dedicated to public use subiect to the terms and conditions as set forth in this Section. M The public alley is not paved in its entirety and is not utilized for vehicular_ access to a Property abutting the public alley: or Access to the entire public alley is encumbered by encroachments such as fences,_ planted landscaped barriers, walls, or physical obstructions that prevent vehicular Ciry of Miand Page 1 of 3 File Id: 14-00345 (Version: 4) Printed On. 1111012014 City of Miami City Hall 35fl0 Pan Amm erican i�ilRTeai io""e 1*,' +�tF +�+ Legislation Drive Miami, FL 33133 ' —C. www.miamigov.com Ordinance File Number: 14-00345 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL", MORE PARTICULARLY BY CREATING NEW SECTION 54-4.1, ENTITLED "PUBLIC ALLEYS", TO CLOSE AND VACATE CERTAIN PUBLIC ALLEYS THAT ARE NOT PAVED AND ARE NOT UTILIZED FOR VEHICULAR ACCESS ACCORDING TO THE CRITERIA SET FORTH IN NEW SECTION 54-4.1; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami 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 ("City") and its inhabitants to amend the Code of the City of Miami, Florida, as amended, ("City Code") to close and vacate certain public alleys that are not paved in their entirety and not utilized for vehicular access to a property abutting the public alley, according to the criteria set forth in new Section 54-4.1; 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 fully set forth in this Section. Section 2. Chapter 541 Article 1 of the City Code, entitled "Streets and Sidewalks/In General", is amended in the following particulars: (1) "CHAPTER 54 W111 =01 11011.601110-317ATi►1A;Lf-1 ARTICLE 1. IN GENERAL Sec. 54-4.1. Public Alleys. (a) Public alleys that meet the following criteria_ (identified on Exhibit A and which by reference is made a part of this Section), are closed, vacated, abandoned and discontinued for the purpose of which they were dedicated to public use subiect to the terms and conditions as set forth in this Section. M The public alley is not paved in its entirety and is not utilized for vehicular_ access to a Property abutting the public alley: or Access to the entire public alley is encumbered by encroachments such as fences,_ planted landscaped barriers, walls, or physical obstructions that prevent vehicular Ciry of Miand Page 1 of 3 File Id: 14-00345 (Version: 4) Printed On. 1111012014 File Number 14-00345 access by the public as of the date of this ordinance. tb)-Utility easement. An easement shah be reserved for the installation maintenance and operation of any utility located in or to be located in the alleys vacated by this Section, including the r Lhht of the Utility to install, maintain. operate, repair and replace any Roles, wires, pipes, conduits, sewer _mains, water mains, or any other facility or equipment for the maintenance or operation of any utility. If the property owners whose land abuts the alley -desire that an easement reservation be released the Property owners must petition the Director of the Public Works- Department orksDe artment in writing to request the release of the easement reservation and as part of the petition, fhe property owners are to submit release letters from all utility companies stating that said utility company will release any interest in an easement for the closed and vacated alley. Upon verification of the petition and release letters the Director of the Public Works Department may release said easement reservation. fc) The closure, vacation, abandonment and discontinuance of any alley, public or private, not identified in subsection (a) of this Section, must comply with the reg uirements_of Section 54-4 of this Chapter. - Section 3. Prior to the effective date of this ordinance, alleys listed on Exhibit A may be removed according to the following procedure: (1) Prior to the effective date of this ordinance, an alley listed on Exhibit A may be removed as an error by the City Manager or Designee in accordance with the procedure set forth in this Section. (a) The owner of property abutting any public alley listed in Exhibit A may request the removal of the abutting public alley from Exhibit A by providing written notice to the City Manager or Designee on or before December 19, 2014, which must include the following information: (i) The folio number of the property abutting the public alley listed in Exhibit A; and (ii) The specific reasons that the public alley listed in Exhibit A does not meet the criteria listed in Section 54-4.1(a). (b) The City Manager or Designee may correct an error on Exhibit A if, prior to the effective date of this ordinance, the City Manager or Designee determines that the alley listed on Exhibit A does not meet the criteria listed in Section 54-4.1(a). (2) If the City Manager or Designee determines that the public alley does not meet the criteria listed in Section 54-4.1(a), the public alley shalt be removed From Exhibit A as an error on or before January 30, 2015. (3) For any public alley that is removed from Exhibit A as an error by the City Manager or Designee, the City shall mail notice of the correction of the error to all owners of properties abutting the public alley removed from Exhibit A within ten (10) days of the removal of the public alley from Exhibit A. Section 4. Appeal for Public Health, Safety, and Welfare. Any owner of property within 500 feet of an alley vacated and closed by this ordinance may appeal to the City Planning, Zoning, and Appeals Board the closure, vacation and abandonment of any alley listed in Exhibit A in accordance City of Mirth Page 2 of 3 File iii: 14-00345 (Version, 4] Printed On. 111.10012014 File Number. 94-00345 with the following procedure: (1) The appellant shall file written notice of appeal with the hearing boards department, with a copy to the Director of Public Works, by December 19, 2014. Such notice of appeal shall set forth concisely the reasons or grounds for the appeal. (2) An appeal shall only be granted if there is substantial, competent evidence in the record that the closure, vacation, and abandonment of the alley adversely affects the public health, safety, and welfare according to the following criteria: (a) The closure of the alley is not in the public interest, or the general public does not benefit from the vacation and closure of the alley; (b) The alley is being used by public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles; (c) The vacation and closure of the alley results in an adverse impact on tiie ability to provide police, fire or emergency services; (d) The vacation and closure of the alley has a detrimental effect on vehicular circulation in the area. (3) The City Planning, Zoning, and Appeals Board shall hear and consider all facts material to the appeal and render a decision as promptly as possible. (4) Appeals from decisions of the City Planning, Zoning, and Appeals Board may be made to the City Commission. The appeal shall be a de novo hearing and the city commission may consider new evidence or materials. Appeals shall be made directly to the city commission, within 15 calendar days after the date of the decision of the City Planning, Zoning, and Appeals Board. (5) Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. *F1 Section 5. If any section, part of a section, paragraph, clause, phrase or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective on February 2, 2015. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA IqENDEZ CITY ATT© NEY Footnotes; (1) Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. (2) 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. City of Aria mi Page 3 of 3 File Id. 14-00345 (Mersion: 4) Prur.ted On. 1111012014 C U Q T6 -24B- O T w NE03THISTD MIAMI 21 (EXISTING) File ID: 1668 Rezone • T6 -24A- O 6-24 B- O Q 'T6 -24A- O •w z • • T6 NE04TH!ST w a w 'z T6 -24A- O T6-24) 0 85 170 340 Feet ADDRESS: 1135 NE MIAMI C1 1336NE1AVE 1348NE1AVE 1366NE1AVE 58 NE 14 ST 56 NE 14 ST T6 -24B- O T w NE03THIST MIAMI 21 (PROPOSED) File ID: 1668 Rezone U Q • T6 -24A- O 6-24 B- O Q 'T6 -24A- O •w z NE04TH!STEmir w a w 'z T6124B- 0 85 170 340 Feet ADDRESS: 1135 NE MIAMI CT 1336NE1AVE 1348NE1AVE 1366NE1AVE 58 NE 14 ST 56 NE 14 ST AERIAL File ID: 1668 0 60 120 240 Feet A ADDRESS: 1335 NE MIAMI CT 1336NE1AVE 1348NE1AVE 1366NE1AVE 58 NE 14 ST 56 NE 14 ST