HomeMy WebLinkAboutSubmittal-Melissa Tapanes-Zoning Verification Case Study and Maps PacketCFN 2019RO299946
AT� ao f T���R BY, 31"2RECORDED
205 15/201817 :4291)
` REGORdED 05/15/2014 09:42:11
HARVEY RUVINr CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
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Victoria MEndez H Telephone: (305) 416-1800
OhAftineY Telecopier: (305) 416-1801
LOA 19
E-MAIL: Lawmmiamigov.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.
' Submitted into the public
record for item(s) PZ. 13
I Gi on 06/27/2019 City Clerk
ictoria IN 6ndez Date '
City Attomey
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`` OF THE CITY ATTORNEY/ 444 S.W. 2nd Avenue, Suite 945 /Miami, Florida 33130-1910
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Submitted into the public
record for item(s) PZ. 13
on _ 06/27/2019 City Clerk
Tlitla af ffliami
March 26, 2019
Ms. Alicia Garcia
Babylon International, Inc.
555 NE IS" Street #100
Miami, FL 33132
RE: 240 SE 14 Street, Miam4 FL 33131
Folio No. 01-4139-068-0010
EMILIO T. GONZALEZ, Ph.D.
City Manager
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'l 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'J 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1990, Zoning Ordinance 9500 was repealed and replaced by Zoning Ordinance 11000 and the subject area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 Miami2l, the City of Miami's ("City") current
Zoning Code, which permits a Floor Lot Ratio ("FLR'l 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 Miami2l, 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 previ(
zoning for the subject area under Miami2l is T6 -8-R. The T6 R zoning designation does
UA I to
U
OFFICE OF ZONING 'r,N oou WE
444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-215 b,
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 Of eou'
Ms. Alicia Garcia
Babylon International, Inc.
555 NE 156 Street #100
Miami, FL 33132
RE: 240 SE 14 Street, Miami, FL 33131
OR BK 31442 PG 2817
LAST PAGE
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 Miami2l . 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 hereat. 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.Miami2 Lore or by contacting our zoning information counter at (305) 416-
1499.
Sincerely
Joseph A. Ruiz, Esq.
Director/Zoning Administrator
STATE OFeFLORIDA. CQUWY OF DADk D
i HERfoy cER77FV u►e� ' aIm "P,��Vow Nod In WS oftaMHlr wrNx my headand t7AAWFW}NaY RU'IM . C 5WI Cnft
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 F City Clerk
t
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: 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 -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 & Cafe), 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-B:
Section 1.
- The developer, 1000 Brickell Inc., realizing that the variances as 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 at 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.:
M
LeaaI Descritp ion
A portion of Lots 7 and 8, Block 72 South, CITY OF A4/AMI, 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 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 comer of said Lot 6,thence run Westerly aiong
the Nofth 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.
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.
!'Efl�i6'ti113ii1'[s31TT� ` I��,' c`'a Subject Site
}
t y1
Was Information
Provious Sala
Price
OR Book -Page
Qualification Description
09/26/2017
$16,160,200
30701-0401
Qual on DOS, multi -parcel sale
09/26/2017
$100
30701.0405
Correclive. lox or QCD: min conalderallon
06101/1997
1725,000
17753.3474
Other disqualified
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.
3 1 P a g e
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.
4 1 P a g e
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 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-0. This is non -successional zoning.
File Number: 06-00613lu
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 Amarlcan
Drive
Ward, FL 33133
www.rri&rT#Uov.com
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 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 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 small scale amendment procedures 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
Commerclar with a'UCBD" Overety; 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
Cwy of Mie"ai Peje 7 #f2 File Id. 04-0061310 (Vervien: JJ Pr10Ier On: NIV20/9
Submitted into the public
record for item(s) R. 13
on 06/27/2019. City Clerk
Re Number. 06-ON13lu 6uaawent 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, and 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(1 xc), 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 and adoption thereof pursuant and subject to §163.3187(5)(c), Florida Statutes. (1)
rootnot s:
(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 miewl pen 2 oft File Ir: 06-00613lu (Yersloe: SJ hinted 0e: 610/2019
lJK��
Fite Number: 06-00613zc
City of Miami
Legislation
Ordinance: 13397
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 City Clerk
City Hap
3500 Pen American
Drive
W", FL 33133
www."arnigov.com
Final Action Dere: 6/27/2013
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-0" 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 Miaml 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 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 "CS" Civic Space to 76-4813-0" 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 shall
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)
Cwy of Anent Page I of 2 F718 Id: 06-006I3tc (VWWOR: 3) Printed ON: L42019
FAQ Number. 06-00613zc
footnotes:
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 . City Clerk
6nwhmenl Number: 13397
(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 irnrnedia►ely upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
chy efMfeml rage 2 eft File Id. 06-M673te (Ve iwt: 3) Printed On: &W079
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 relealed 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 "76 -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 21
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File ID
16-00662iu / Accela 1091.
PURPOSE: Repeal of Ordinance No. 13397; changing the above property from '"CS - Civic
Space Zone to T6-4813-0 Urban Core Transect Zone Open".
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
Miami, FL 33133
www.rntiarrigay.com
A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOAR®
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-0" 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 -48B-0"
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 _ L-_), item No. _, recommending of the Repeal of Ordinance No. 13397,
adopted on June 27, 2013, 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 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 City of Miami ("City') the
repeal of Ordinance No. 13397, and any notations to the effect of such repeal made by the City
Cleric 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) R.13
on __ 06/27/2019 City Clerk
City of Miami
Planning and Zoning Department
Land Development Section
.OR ..
ANALYSIS FOR
CHANGE OF ZONING
File ID: 16-00662zc
Applicent(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 (3,002 sq. ft.) Miami, FI.
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 13307, adopted on June 27, 2013; and
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 (TB -488-0)" with "Urban Central Business District" for 20 Southeast 104"
Street (3,002 sq. ft.) Warm, 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 =responding to the proposed Transact
Zone changes would be required as a companion Rem (FA& ID No. 18-006621u).
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 City Clerk .
ML4W 21 (EXISTWO) MIAMI 21 (PROPOND)
MUM 1LMN7s
a�ca��n
B. RECOMMENDATION:
rwr
Based on the aforementioned Information request, the Department Pianninp and Zoning
recommends to revert back and repeal Ordinance 13397, adopted on June 27, 2013; to
'Public Park and Recreation" with "Urban Central Business District"
C14-1
u6line Nis
erim Chief of Land Development
Attedwnwit Fria-06-0W13zc
AEP
9/21/2016
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 . City Clerk
MIAMI 21 (EXISTING)
16-00662zc
N
ADDRESS: 20 SE 10 ST
45 90 180 Feet
1 I 1
Submitted into the public
record for items) PZ. 13
on 06/27/2019 , City Clerk
MIAMI 21 (PROPOSED)
16-00662zc
N
ADDRESS: 20 SE 10 ST
0 45 90 180 Feel
I i I a I
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 City Clerk
AERIAL
16-00662lu/zc
0 62.5 125 250 Feet
r I I I i ADDRESS: 20 SE 10 ST
A
Submitted into the public
record for item(s) R. 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, rezonedT6-48-0,
and then rezoned again to CS without any regard for successional
zoning.
Planning Staff held that when no scriveners 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 -O' (Urban Core).
Below the subject sites are highlighted in blue
Submitted into the public
record for item(s) R.13
on 06/27/201-9 City Clerk
City of Miami
Planning Department
BACKGROUND:
On December 14, 1972, Resolution 72-774-13, was passers 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 & Cafft 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-B.
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 dansky of the area, and in consideration therefore, agrees to dedicate
to the City 12, 000 square feet of land at 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 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.:
fni'%A
Legal Desari tp ion
A portion of Lots 7 and 8, Block 72 South, CITY OF MIAMI, according to the plat thereof recorded
Piet 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 Northeastany along the Southeasterly boundary of said
Lots 7 and 8 a distance of 103.66 feet to the most Easterty corner of said Lot 6,• 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.
2 1 P a g e
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.
6Z
.a
Sales Information
Previm a Sele
Price
opt &MA -Page
0=912017
$15.190.200
30701-0401
04/25/2017
3100
70701-D405
0=111447
$725.000
17753-3474
CONCLUSION:
Cium0caarrn Oeseriplion
oual on DOS, mu0i-Parcel sale
Corrective. lax or OCD: min con"ralion
011ier diequalMed
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.
3 1 P a g e
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.
4 1 P a g e
Submitted into the public
record for items) 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 Perricone'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 ft (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
(Perricorme'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).
Submitted into the public
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 scriveners error was discussed at City
Commission on May 10, 2018, and the map was corrected.
• No formal rezoning procedure was required.
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 . City Clerk
City of Miami
cry War
3500 Pan Anerioen Drive
Legislation �Mlmrrtl FL 33133 ;.. •��.: www.rrrfertrlaarv.com
Discussion Item
File Number: 4062 Final Action Date: 511012018
A DISCUSSION TO PRESENT AN ADMINISTRATIVE ATLAS CORRECTION
AFFECTING PROPERTIES AT 15 SOUTHEAST 10TH STREET AND 25
SOUTHEAST 10TH STREET.
My ofMhwr/ Paye 1 off He ID: 4= (RVAWM:) P►Ia1ed ow z lmle
'ile ;;
City of Miami
�.....Ii'
Master Report
•
Enactment Number:
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 . City Clerk
CGy Well
3500 Pan American Drive
Miami, FL 33133
www.rriarnigov.com
File Number: 4052 File Type: Discussion Item Status: DISCUSSED
Revision: Controlling Body: City Commission
File Name: Discussion - Adminiatrative 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 MeetMg Compleled
City Commission 5/10/2018 DISCUSSED Passed
CRY o/ A4wd Flips 1 011 Ff P w os: &11/1018
1
;.:tna%o
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
Plannina
Sponsored By:
District Impacted: District
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.
Budoet Imaact Anaivsls
Item has NO budget Impact
Item Is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Reviewed By
Department t of Planning
Luciano Gonzalez
Deparlrtwd Flood Review Completed
04/25/20181132 PM
Olitce of Menegrnort and Budget
Fred Pericles
Budget Analyst Revisor CornpMUd
04/27/2018 4:32 PM
Office of Management and Budge(
Christopher M Rome
Budget Review Completed
04/2812018 10:34 AM
City monlows ON-
Nzedbe Hwkwoba
Assistant City Manager Review corn~
04/3=018 2:23 PM
City Mangers Oft*
Nkoles Pascual
Cry Manager Review Completed
0501/201812:17 PM
Legislative DWkim
Carolina Bezel
Leglsialtve DMalon Review Skipped
04/30/20181:13 PM
0111108 of the Cry Attorney
Carolina Bazal
Deputy Cry Attorney Review Moped
04/301201a 1:13 PM
Ofllca of re Cloy Attorney
Croon Bezel
Approved Form and Correcfress Skipped
04/30/20181:13 PM
city coredmtim
Merkarmen Lopez
Meaft ConVWod
05/101201a 0:00 AM
Before Administrative Correction
From April 2018 report
finding scrivener's error
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 . City Clerk
After Administrative Correction
The Perricone's property
today
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 , City Clerk
PZAB.5
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 14-00655zc Quasi -Judicial
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), AMENDING THE
ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING
THE ZONING CLASSIFICATION FROM "76-8-R" TO "76 -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 Russell - District 2]
Applicant(s): A. Vicky Garcia -Toledo, Esq. on behalf of Babylon International Inc.
1450 Brickell Avenue, 2311 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 "76-8-R"
to "76 -48a -O". Item includes a covenant.
Finding(s):
Planning and Zoning
Department: Recommended approval.
Planning, Zoning and
Appeals Board: January 6, 2016.
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019. City Clerk
City of Miami
Planning and Zoning Department
x
ANALYSIS FOR
CHANGE OF ZONING
FILE ID: 14-00655zc
APPLICANT: 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:
COMMISION DISTRICT:
NET OFFICE:
GENERAL INFORMATION:
01-4139-068-0001
District 2
Downtown
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-0 (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-0.
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
Pagel of 3
NEIGHBORHOOD CHARACTERISTICS:
FUTURE LAND USE DESIGNATION
Subiect Propertv:
Restricted Commercial and Brickell
Residential Density Increase Area;
Maximum of 500 D.U. per acre
Surroundinq 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
WEST: Restricted Commercial and RDIA
Maximum of 500 D.U. per acre
ANALYSIS:
Submitted into the public
record for item(s) PZ. 13
on 06/27/2019 , City Clerk
ZONING
Subiect Prooertv:
T6 -8-R; Urban Core Transect Zone
Restricted and T6 -48a-0; Urban
Core Transect Zone Open
Surroundinq Properties
NORTH: T6 -48a-0; Urban Core Transect
Zone Open
SOUTH: T6 -8-R; Urban Core Transect
Zone Restricted
EAST: T6 -8-R; Urban Core Transect
Zone Restricted
WEST: T6 -48a-0; Urban Core Transect
Zone Open
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 141h Street from T6 -8-R to T6 -48a-0.
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 O (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-0.
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
m
MIAMI 21 ZONING MAP (EXISTING)
S L
,04411110
Submitted into the public
record for item(s) ft, V3
on 06/27/2019. City Clerk
r�
I �
a i
,Czu2ea�c�tt .�/
t,u
C!]
0 150 300 600 Feet ADDRESS: 240 SE 14 ST
Submitted into the public
record for item(s) J2. 1
on 06/2712019 City Clerk
MIAMI 21 ZONING MAP (PROPOSED)
�i
�W
SF�sTy
� Rn
161- 300 600 Feet ADDRESS: 240 SE 14 ST
I , I I t t I
Submitted into the public
record for item(s) Q1, 15
on 06/27/2019 City Clerk
150 300 600 Feet ADDRESS: 240 SE 14 ST
1 1 3 1
Gl.0. CA
File Number: 14-00655zc
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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 76-8-R" TO 76 -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
"76-8-R" to 76 -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: 1212812015
Submitted into the public
record for item(s)_�Z, lb
on 06/27/2019 , City Clerk
File Number: 14-00655zc
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
Footnotes:
Submitted into the public
record for item(s)_PL, I
on 06/27/2019 City Clerk
{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 ojMiami Page 2 of 2 File Id. • 14-00655zc (Version: 1) Printed On: 12/28/2015
File Number: 14-00655zc
Version: 2
File Name: Rezoning - 240 SE 14 St
Requester:
City of Miami
Master Report
File Type: Ordinance
Reference:
Cost: $13,547.90
City Han
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Status: First Reading
Controlling Body: Planning & Zoning --
City Commission
Introduced: 7/1/2014
Final Action:
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHm ENT(S), AMENDING
THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, W 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, 14-00655zc Analysis, Maps & PZAB Reso.pdf,I4-00655zc 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 Dab:
Result:
1 Planning, Zoning and 1/6/2016 Recommended City Commission
Pass
Appeals Board Denial
2 Office of the City 219/2016 Reviewed and
Attorney Approved
2 City Commission 2/25/2016 CONTINUED
Pass
2 City Commission 3/24/2016 INDEFINITELY
Pass
DEFERRED
2 City Commission 9/22/2016 INDEFINITELY
Pass
DEFERRED
Submitted into the public
record for item (s)_ PZ, ( ,
on 06/27/2019 , City Clerk
City of mi—i Page 1 Printed on 1/14/1017