HomeMy WebLinkAboutO-13855File Number: 5900
City of Miami
Legislation
Ordinance: 13855
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/12/2019
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.
WHEREAS, the property located at approximately 240 Southeast 14 Street, Miami,
Florida, as more particularly described in Exhibit "A," ("Property") is currently zoned 76-8-R,"
Urban Core Transect – Restricted; and
WHEREAS, the Property is currently designated Restricted Commercial on the Future
Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
1
WHEREAS, on November 9, 2018, Babylon International, Inc. ("Applicant") submitted to
the City of Miami ("City") a request to change the zoning classification of the Property to 76 -48-
A -O," Urban Core Transect - Open; and
WHEREAS, the subject Property was platted in 1914 as part of the Amended Plat of
Point View, as recorded in the Official Records of Miami -Dade County in Plat Book 2, Page 93;
and
WHEREAS, the Point View area of the City was initially developed as large, single family
dwellings in the early twentieth (20th) Century, and the City has maintained that properties facing
Biscayne Bay should maintain a predominantly residential character; and
WHEREAS, when Zoning Ordinance 9500 was adopted in 1982, its authors recognized
that the City was mostly built out and that "future City development would, in almost all
instances, be redevelopment"; and
WHEREAS, in 1983, Lots 4, 5, 6, 7, 8, and 30 of the Point View Amended Plat
requested a change of zoning from "RG -3/7," General Residential, to "SPI -5," Brickell-Miami
River Residential -Office District; and
WHEREAS, on November 18, 1983 the zoning for Lot 5—the subject Property—was
changed from "RG -3/7" to "RO-3/6," Residential Office, with a Restrictive Covenant with the
following commitments and provisions:
City of Miami Page 1 of 5 File ID: 5900 (Revision: C) Printed On: 11/18/2019
File ID: 5900 Enactment Number: 13855
1) It restricted the top floor to only residential uses, restricted other floors to residential
and specific non-residential uses;
2) It provided parking requirements;
3) It provided design and aesthetic commitments;
4) It conferred landscaping commitments;
5) It conferred a financial contribution to the neighborhood for a traffic study;
6) It detailed release provisions; and
WHEREAS, on January 26, 1984, the zoning for Lots 6, 7, 8, and 30 was changed from
"RG -3/7" to "RO-3/6"; and
WHEREAS, in 1990, the City adopted Zoning Ordinance 11000 and repealed Zoning
Ordinance 9500; and
WHEREAS, with the adoption of Zoning Ordinance 11000, zoning for Lots 5, 6, 7, 8, and
30 was changed from "RO-3/6" to "0," Office; and
WHEREAS, in 1994, a private application was accepted by the City to change the
zoning for Lot 30 from "O" to "SD -5," Brickell Avenue Area Residential -Office District, and
adopted by the City Commission; and
WHEREAS, in 1998, a private application was accepted by the City to change the
zoning for Lots 6, 7, and 8 from "O" to "SD -5" and adopted by the City Commission; and
WHEREAS, in 1989, the City adopted the MCNP in response to the 1985 Growth
Management Act, Chapter 163, Part II, Florida Statutes; and
WHEREAS, in 1991, the City amended FLUM of the MCNP to include the Brickell Area
Residential Area Increase Area ("RDIA"), which increases the Density of the general area in
Brickell to five hundred (500) Dwelling Units per acre, and this area includes Lot 5; and
WHEREAS, in 2010, the City adopted Ordinance 13114, the Zoning Ordinance of the
City of Miami, Florida, as amended ("Miami 21 Code"), and repealed Ordinance 11000; and
WHEREAS, the notice for the proposed adoption of the Miami 21 Atlas identified Lot 5
as zoned R-4 instead of "O," Office; and
WHEREAS, with the adoption of the Miami 21 Code, zoning for Lot 5 was changed from
"O," Office, to 76-8-R," Urban Core Transect - Restricted; and
WHEREAS, the Property had Uses such as office, recreational facilities, retail and the
like under Zoning Ordinance 11000 as it was zoned "0," Office, but these Uses are prohibited
under the Miami 21 Code zoning designation of 76-8-R," Urban Core Transect - Restricted; and
WHEREAS, the Property had unlimited height under Zoning Ordinance 11000 as it was
zoned "O" Office, but the maximum height under the Miami 21 Code is twelve (12) stories with
Public Benefits as it is zoned 76-8-R," Urban Core Transect - Restricted; and
WHEREAS, in 2014, the owner of the Property applied to change the zoning of Lot 5
from 76-8-R," Urban Core Transect, to "T6 -48A -O," Urban Core Transect — Open, and the
City's Planning Department determined that there had been a scrivener's error in the course of
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File ID: 5900
Enactment Number: 13855
changing the zoning from Zoning Ordinance 11000 to the Miami 21 Code, and therefore, the
City joined the application as a co -applicant; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") recommended to deny
that 2014 application and the City Commission continued and indefinitely deferred the item
twice; and
WHEREAS, the Applicant withdrew that application to change the Miami 21 Code
Zoning Atlas in February 2017; and
WHEREAS, the City's Unsafe Structures Board found the structure built on the Property,
"the Babylon," unsafe in October 2015; and
WHEREAS, the City's Unsafe Structures Board gave the Owner three hundred (300)
days to repair or demolish the structure; and
WHEREAS, on or about March 9, 2016, the owner applied for a demolition permit; and
WHEREAS, on or about April 6, 2016, the City's Historic and Environmental
Preservation Board ("HEPB") mailed notices of intent to consider a preliminary evaluation of the
structure for historic designation and this designation was ultimately approved; and
WHEREAS, on or about January 25, 2018, the City Commission granted an appeal filed
by Babylon International, Inc. and thereby reversed the decision of the HEPB approving the
local designation as a historic resource of the Property via Resolution R-18-0034; and
WHEREAS, on May 15, 2019, pursuant to the terms of the 1983 Restrictive Covenant
and the findings of the Zoning Administrator, a Certificate from the City Attorney's Office was
recorded to relieve the Property of the 1983 Restrictive Covenant and the limitations therein;
and , '..`
WHEREAS, the City's Planning Department observes that the Property, Lot 5, exists
between a large district of 76 -48 -A -O," Urban Core Transect – Open, zoning and 76-8-R,"
Urban Core Transect – Restricted, zoning—two (2) zoning designations with very different
development capacities; and
WHEREAS, the City's Planning Department recommended a change to the Miami 21
Code Zoning Atlas to 76-12-0," Urban Center – Open, because:
1) the Open Transect versus the Restricted Transect better preserves the Uses to which
the Lot had been entitled under previous Zoning Ordinances;
2) The development capacity is more in character with the current urban fabric of the
adjacent 76 -48 -A -O" and 76-8-R" neighborhoods; and
3) This allows Lot 5 to be an appropriate, transitional buffer between the 76 -48 -A -O" and
76-8-R" districts; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants,
attached and incorporated as Exhibit "B," limiting the development of the Property to twenty-four
(24) stories and relinquishing any right or ability to make use of the Public Benefits program of
the City to develop the Property to a height in excess of twenty-four (24) stories but retaining the
right to make use of the Public Benefits program including to develop the Property with a Floor
Lot Ratio ("FLR") in excess of 16; and
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Enactment Number: 13855
WHEREAS, PZAB, at its meeting on May 1, 2019, following an advertised public
hearing, adopted Resolution No. PZAB-R-19-014 by a vote of six to three (6-3), Item No.
PZAB.1, recommending approval, as amended, of the proposed zoning change; and
WHEREAS, PZAB recommended that the City Commission amend the Zoning Atlas of
the Miami 21 Code, by changing the zoning classification from "76-8-R," Urban Core Transect —
Restricted, to 76-2413-0," Urban Center— Open, with a limitation against the Property using
public benefits bonus Height and Floor Lot Ratio ("FLR") that would enable the Property to be
built beyond twenty-four (24) stories, for the Property; and
WHEREAS, pursuant to Section 7.1.2.8.g.2. of the Miami 21 Code, the City Commission
may, by a vote of not less than three (3) members, approve the rezoning of property to a
Transect Zone of less Intensity than that applied for in situations where, in the opinion of the
Commission and upon the recommendation of the Planning Director, the specific rezoning
applied for would work to the detriment of the health, safety or welfare of the surrounding
Neighborhood, whereas a rezoning to a Transect Zone of less Intensity would not; and
WHEREAS, pursuant to Section 7.1.2.8.g.7. of the Miami 21 Code, the City Commission
may waive the eighteen (18) month waiting period between petitions for rezoning, by a vote of at
least three (3) members of the City Commission when such action is deemed necessary to
prevent injustice or to facilitate development of the City in the context of the adopted
Comprehensive Plan, or any portion thereof; and Alloir
WHEREAS, the proposed zoning change, as indicated herein, is appropriate in light of
the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties;
and
WHEREAS, the proposed zoning change, as indicated herein, is appropriate to provide
reasonable setback and height regulations for the Property; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed change necessary; and
WHEREAS, the proposed change is a corrective action that maintains the goals of the
Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building
height; and
WHEREAS, the City Commission finds that there was a denial of due process as applied
to the Property; and
WHEREAS, the City Commission finds that the proposed change is appropriate to
correct the error when the Miami 21 Code Zoning Atlas was adopted; and
WHEREAS, the City Commission duly considered and finds that waiver of time, pursuant
to Section 7.1.2.8.g.7 of the Miami 21 Code, is required to prevent injustice caused by the
scrivener's error and lack of proper notice, and to facilitate development in the context of the
adopted Comprehensive Plan;
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File ID: 5900 Enactment Number: 13855
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 City Commission amends the Zoning Atlas of the Miami 21 Code by
changing the zoning classification from "T6 -8-R," Urban Core Transect — Restricted, to "T6 -24B
O," Urban Core Transect — Open, for the property located at approximately 240 Southeast 14
Street, Miami, Florida, as more particularly described in Exhibit "A."
Section 3. The City Commission accepts the proffered Declaration of Restrictive
Covenants, attached and incorporated as Exhibit "B," restricting the permitted height to twenty-
four (24) stories with a limitation against the property using Public Benefits bonus for height.
Section 4. The City Commission waives any applicable eighteen (18) month waiting
period between petitions for rezoning pursuant to Section 7.1.2.8.g.7. of the Miami 21 Code, as
it is necessary to prevent injustice and facilitate development of the City in the context of the
adopted Comprehensive Plan.
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 ten (10) days after approval of second
reading.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i nd- e��z ty Attor ey J) 711612019
' 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 or upon the effective date stated
herein, whichever is later.
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