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Home My WebLink AboutCC 2019-09-12 Veto Legislation MemoTO: Honorable Members of the City Commission FR Todd B. H non City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: August 2, 2019 FILE : SUBJECT: Mayoral VETO of Ordinance 13855 adopted at the July 25, 2019 City REFERENCES: Commission Meeting ENCLOSURES: (1) I am in receipt of a mayoral veto (received on Friday, August 2, 2019, at 3:55 p.m.) pertaining to Ordinance 13855 that was passed at the July 25, 2019 City Commission Meeting involving the following item: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM 76-8-R," URBAN CORE TRANSECT - RESTRICTED, TO "76-2413-0," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE COVENANTS ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to City Code Section 2-36(4), the City Clerk is directed to place any item(s) vetoed by the Mayor, together with the veto form(s), on the next regularly scheduled City Commission meeting agenda as the first substantive item(s) for consideration by the City Commission. With this in mind, the mayoral veto of Ordinance 13855 will be addressed at the September 12, 2019 Miami City Commission Meeting as the first substantive item to be heard on the agenda. For your information, the City Commission may override a veto by a four -fifths (4/5ths) vote of the City Commissioners present. If four -fifths (4/5ths) of the City Commissioners present do not vote in favor of the override, then the mayoral veto shall be sustained. If you have any questions regarding this information, please do not hesitate to contact me. C: Francis Suarez, Honorable Mayor Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney C�ttu Of 4Hiami, �rloribra 01Y Op )j e� FRANCIS SUAREZ MAYOR P Q , O R Office of the Mayor Miami, Florida Veto and Veto Message TO: Honorable Members of the City Commission Miami, Florida FROM: Mayor Francis X. Suarez Miami, Florida DATE: August 2, 2019 3500 PAN AMERICAN DRIVE MIAMI, FLORIDA 33133 (305) 250-5300 FAX (305) 854-4001 C (V Car' 7J ; T i m to Cn Pursuant to the authority vested in me under the provision of 4(g)(5) of the Charter of the City of Miami, Florida, I hereby veto: Planning and Zoning Item (Ordinance No. 13855) — 240 SE 14th Street July 25, 2019 Commission Meeting Veto Message: This veto of the decision of the City of Miami Commission (the "Commission") reaffirms the principle of successional and transect zoning law that underlies Miami2l and reverses a vote of the Commission in a quasi-judicial hearing that dramatically alters the zoning of 240 SE 14th Street ("Babylon") with no substantive justification and a clear negative impact on the residents of the City of Miami. In exercising my veto authority, I first affirm the professional recommendation of the Department of Planning of the City of Miami (the "Department of Planning") that preserves the principles of successional zoning and transect zoning that underlie the purpose and parameters of Miami21. This professional recommendation was supported by the evidence presented at the July 25, 2019 Commission Meeting, the remarks of the District Commissioner for the surrounding neighborhood, and an overwhelming majority of the neighbors surrounding Babylon. The zoning designation approved by the Commission for Babylon is also out of scale with the remaining zones in the immediate area and will exacerbate an already existing traffic problem without a concomitant benefit to the residents of Miami. Additionally, the vote by the Commission to rezone to T6-2413-0 does not comply with Section 7.1.2.8.a of Miami21. Following the adoption of Miami2l in October 2009, the Babylon's zoning was designated as T6-8-R. The FLR multiplier is 5 which gives it development capacity of 79,885 SF with potential to increase up to 99,856 through public benefits. The height limit is 8 stories, with the possibility of a bonus up to 12 stories. Simply put: the vote by the Commission countermands both the existing law and practice of the City of Miami. The Department of Planning recommended rezoning to T6-12-0 because the site has been found to be transitional between the area to the west and north (zoned T6-48A-0), which is more geographically inland compared to the area fronting the water (zoned T6-8-R) and has a different location and history. This recommendation is rooted in the history of the neighborhood and the location of Babylon. Under the prior code, Babylon had multiple uses, but the covenant limited its use, scope, and height. In 1983, the last time a private application was successful in changing the zoning, the City made findings that this parcel merited special treatment due to its transitional nature. At that time, the urban fabric followed the same pattern with more intense uses inland, facing SE 14th Street, northward and westward. For waterfront properties, the accepted uses were multifamily residential. In 1990, the City adopted the 11000 Zoning Ordinance. The residential properties facing the water were zoned R-4 and the remaining properties were zoned 0 (Office). In 1991, the City adopted the Residential Density Increase Area and this parcel was the easternmost boundary of this designation. This increased the designated density of plot from 150 du/ac to 500 du/ac. The residential properties facing the water were not a part of the Residential Density Increase Area. All waterfront properties, built under previous codes (9500 or 11000) remain between 10 and 21 stories. Properties nearest Babylon that were zoned 0, but within the Residential Density Increase Area, had changed zoning from 0 to SD-5 (Brickell Avenue Area Office -Residential District) by 1998. Miami2l reclassified the SD-5 properties to T6-48A-0 (inland, fronting SE 14th Street). All R-4 waterfront properties then became T6-8-R and the Babylon, previously zoned 0, then became T6-8-R. The recommended designation of Babylon to T6-12-0 restores the property's multifunctional use of the parcel that existed prior to Miami2l without quadrupling the size and height of the application. I continue to urge the Commission to accept the measured and professional recommendation of the Department of Planning that affirms the principles of our zoning law, protects the long-term quality of life of Brickell residents, and promotes the common good of all residents of Miami. Given the ample evidence, public comment, and professional recommendation of the Department of Planning, I have concluded that this planning and zoning item violates existing law and is not in the best interests of the City of Miami or its residents, and therefore, I restore the zoning classification under Miami2l by submitting this veto.