HomeMy WebLinkAboutPZAB (5567) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL 33133
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Enactment Number: PZAB-R-19-014
File ID: 5567 Final Action Date: 5/1/2019
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 13114 ("MIAMI 21 "), AS AMENDED, 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, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", WITH A LIMITATION AGAINST THE
PROPERTY ACCESSING ANY PUBLIC BENEFIT BONUS HEIGHT OR FLOOR LOT
RATIO ("FLR") AS ESTABLISHED IN ARTICLE 3, SECTION 3.14 OF THE MIAMI 21
CODE; 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, on November 9, 2018, Babylon International, Inc. (the "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
WHERAS, 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 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:
1) It restricted the top floor to only residential uses, restricted other floors to residential
and specific non-residential uses;
City of Miami Page 1 of 5 File ID: 5567 (Revision: 8) Printed On: 512312019
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 reinterpreted/changed from "RO-3/6" to "O" (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 Miami Comprehensive Neighborhood Plan
("MCNP") in response to the 1985 Growth Management Act, Section 163, Florida Statutes; and
WHEREAS, in 1991, the City amended the Future Land Use Map ("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 500 Dwelling Units per acre; and this area includes Lot
5; and
WHEREAS, in 2010, the City adopted Zoning Ordinance 13114, known as Miami 21,
and repealed Ordinance 11000; and
WHEREAS, with the adoption of Miami 21, zoning for Lot 5 was reinterpreted/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 "O," Office, but these Uses are prohibited
under the Miami 21 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 Miami 21 is twelve (12) stories through 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 "76 -48 -A -O," Urban Core Transect — Open, and the City's
Planning Department determined that there had been a scrivener's error in the course of
changing the zoning from Zoning Ordinance 11000 to Miami 21, and therefore, the City joined
the application as a co -applicant; and
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WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") voted to deny that 2014
application and City Commission continued and indefinitely deferred the item twice; and
WHEREAS, the Applicant withdrew that application to change the Miami 21 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 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, the City's Planning Department observes that the Property, Lot 5, exists
between a large district of 76-48-A-0," Urban Core Transect – Open, zoning and 76-8-R,"
Urban Core Transect – Restricted, zoning—two zoning designations with very different
development capacities; and
WHEREAS, the City's Planning Department recommended a change to the Miami 21
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 "T6 -48-A-0" and 76-8-R" neighborhoods; and
3) This allows Lot 5 to be an appropriate, transitional buffer between the "T6 -48-A-0" and
"76-8-R" districts; and
WHEREAS, pursuant to Section 7.1.2.8.g.2., 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, on May 1, 2019, this matter was considered at a duly noticed public hearing
of the Miami Planning, Zoning, and Appeals Board ("PZAB"); and
WHEREAS, at the public hearing of the PZAB, members recommended approval of the
"76-2413-0" district with a limitation against the property accessing any public benefit bonus
City of Miami Page 3 of 5 File ID: 5567 (Revision: 8) Printed On: 5/23/2019
height or Floor Lot Ratio ("FLR") as established the Miami 21 Code, so as not to exceed 24
floors in height; and
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, PZAB has considered the goals, objectives, and policies of the MCNP, the
Miami 21 Code, and all other City regulations; and
WHEREAS, PZAB 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 maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The PZAB recommends that the City Commission amend the Zoning
Atlas of Ordinance No. 13114, as amended, 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 24 stories, for the property located at approximately 240
Southeast 14 Street, Miami, Florida, as more particularly described in Exhibit "A".
Section 3. If any section, part of a section, paragraph, clause, phrase, or word
of this Resolution is declared invalid, the remaining provisions of this Resolution shall
not be affected.
Section 4. This Resolution shall become effective upon adoption by the PZAB.
4L'C-c
_Ctiv� Francisco Garcia, Director
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
i7231 t
Execution Date
Personally appeared before me, the undersigned authority, yiCa L'P-c , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS 13 DAY OF t- Aa,_4
A\1CtYf7_
Print Notary Name
Personally know �/ or Produced I.D.
Type and number of I.D. produced
City of Miami Page 4 of 5
,2019
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Notary Public State of F rida
My Commission Expire
iP` P` ti. BEATWALVAREZ
Commission # GG 153775
E fines November 20.2021
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Did take an oath or Did not take an oath
City of Miami Page 5 of 5 File ID: 5567 (Revision: 8) Printed On: 5(23/2019
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LEGAL DESCRIPTION:
Lot 5, Block 2 and the South 1/2 of Out Lot 5, Block 2, according to the AMENDED PLAT OF
POINT VIEW, as recorded in Plat Book 2, Page 93 of the public records of Miami—bade
County, Florida, LESS the Northerly 10 feet borders on and runs parallel to the public right of
way of South Bayshore Drive.