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Home My WebLink AboutSubmittal-Melissa Tapanes-Llahues-PowerPoint Presentationw Submitted into the pub �icv record fof ite (s) j�� on q / �� ?,q , City Clerk BABYLON INTERNATIONAL INC. City Commission Veto Override September 12, 2019 BCRCOW RAMLLrIRNANDE & LARKIN ZONING, LAND USE AND QNVIIRONM6NTAL LAW I^L=,\/u E31t a ILERPLANNING o":%"C=�LUX-IM r,itmr eo:i ,at - `�a t5 - �Vw eAjih\ QrC�ev Vv- 0� Mayor's Veto Message Submitted into the public record j � 1 e (s) on i , c q City Clerk 1. Incorrectly categorizes the rezoning request; 2. Overlooks the express authority and findings of this Commission; 3. Based on a partial and biased review of the record; 4. Contradicts itself; and 5. Violates procedural due process. Zoning Ordinance 11000: Office "0" 0 W-5 R-4 14T, i ., Ordinance 1100: Zoning Map Excerpt Submitted into the public record f7 ite (s) on q / 11, / ! q City Clerk Zoning Context: • Babylon — O, Office • Properties facing water— R-4, Multifamily High Density Residential Remainder of the area — SD -5, Brickell Avenue Area Office - Residential District Miami 21: Archived Maps 2006-2007 NOTE: THIS MAP WAS DEVELOPED BASED ON INFORMATION PROVIDED BY THE CITY OF MIAMI, 21 Submitted into the public record f r iter (s) My , on 9 I City Clerk NOTE: THIS MAP WAS DEVELOPED BASED ON INFORMATION PROVIDED BY THE CITY OF MIAMI. i21 Revision Date: 11.27.06 Revision Date: 02.20.07 Miami 21: Archived Maps 2008-2009 NOTE: THIS MAP WAS DEVELOPED BASED ON INFORMATION PROVIDED BY THE CITY OF MIAMI "21 Revision Date: March 04, 2008 I Submitted into the public record f r it on City Clerk 1w FINAL DRAFT ATLAS TO BE SUBMITTED TO THE CITY COMMISSION NOW nib W WM DEVELOPED BASED ON woRYAnoN PROYW BY TW CRY OF "I 2 Will Posted: January 30, 2009 Submitted into the public revu e Ita record f ,� ite7 s) A1 on °I , ', . / �1 City Clerk ntern DtK r)al Comparative Analysis: T6 -8-R, T6-12-0 & T6 -24b-0 revuelta M ,..,1 A.=Ik- ,► r+e ntematia-sel T6 -8-R: Current Zoning T6 -8-R MAX. FLR BONUSES: 79,855 SF MAX. FLR WITH BONUSES: 99,856 SF Submitted into the public record PIL, iteT(s) on (11 City Clerk MAX. HEIGHT: 8 FLOORS MAX HEIGHT WITH BONUSES: 12 FLOORS (SETBACKS ABOVE LEVEL 8 WILL NOT ALLOW TO DEVELOP MORE THAN 8 FLOORS) MASSING - 8 FLOORS - MAX. FLR 55,368 SF revuelta T6 -8-R: Current Zoning Submitted into the public record for itert�(s) , on 1 (7, / 1 . City Clerk • Area above the 8th level is only 1,026.5 square feet • Renders the property non -developable above the 8th level • No available waivers reVuelta T6-12-0: Planning's Recommendation J *Lcx-LAxe wltematxr-" Submitted into the public record 10 !(S) "i'`; , on / Z/ I q CityClerk T6-12-0 MAX. FLR BONUSES: 127,816 SF MAX. FLR WITH BONUSES: 166,160 SF MAX. HEIGHT: 12 FLOORS MAX HEIGHT WITH BONUSES: 24 FLOORS (SETBACKS ABOVE LEVEL 8 WILL NOT ALLOW TO DEVELOP MORE THAN 8 FLOORS) NO WAIVERS ALLOWED TO REDUCES SETBACK ABOVE THE 8TH FLOOR FOR THIS TRANSECT MASSING - 8 FLOORS - MAX. FLR 55,388 SF revuelts T6-12-0: Planning's Recommendation arcvibectLve Submitted into the public ntsmataousl record gcre�nq(s) City Clerk`, • Same development riq hts as T6-8 • Area above the 8t" level is only 1,026.5 square feet • Renders the property non -developable above the 8t" level • No available waivers revuelta �� alcm-uxe T6-24b-O: Approved Corrective Action Submitted into the public record fo it (s) M\J , k on q f j Ljq City Clerk T6 -24b-0 MAX. FLR: 255,632 SF MAX. FLR WITH BONUSES: 357,885 SF MAX. HEIGHT: 24 FLOORS MAX HEIGHT WITH BONUSES: 48 FLOORS * WITH WAIVERS - WITH HEIGHT BONUS (24 FL. WITHOUT BONUS) MASSING - 41750 SF MAX PLATE SIZE ABOVE LV 8. - 24 FLOORS - FLR 131,960 SF NO BONUS USED revuelta — T6 -24b -O: Approved Corrective Action eitematioriW L_ Submitted into the public record f on 1 f ( City Clerk FOR LEVELS 9 TO 24 MAXIMUM FLR PER LEVEL ABOVE LEVEL 8:4,338 SF - PRIMARY FRONTAGE ABOVE LEVEL 8 IS 10=0" SETBACK AS OF RIGHT - SIDE SETBACKS REDUCED TO 20'-0" BY WAIVER OTHERWISE IS W-0" 5.6.1(g) - For T6-24, T6-36, T6-48, T6-00 and T6-00, the Frontage Setbacks above the eighth floor shall not be required for a Frontage 1 facing a Civic Space or a Right -of -Way seventy (70) feet or greater in width. 5.6.1(h) - For T6-24, T6-36, T6-48, T6.60 and T6-80 Lots having one -.1 dimension one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of twenty (20) feet by Waiver. revuelta Floor Plate Comparison Above the 8thLevel T6-8 or T6-12: 1,026.5 square feet a Submitted into the public record fl it (s) Mu.1 on q �� 1, )q City Clerk SIDE SETBACK In,r SF7B,ACK revuelta Floor Plate Comparison Above the 8thLevel T6 -24b: 4,338 square feet BULOWLE AREA 4,33S.25 eq 1 Submitted into the public record for it (s) M V , , on 9/1 U I q . City Clerk 2014-2016 Legal Opinion Allowing Nonsuccessional Zoning Corrective Action Submitted into the public records,7; � e�n�s) M on / City Clerk CNYHN City of Miami]Sao Pon nwff awn oda M.* Russ `• �,. "...>` Master Report File Number: 14-00655m Version: 2 File Name: Rezoning - 240 SE 14 St Requester. File Type: Ordinance Reference: Cost: $13547.90 Status: First Reading Controlling Body: Planning & Zming — CityCammissim Introduced: 711/2014 Final Action: ride: AN ORDINANCE OF THE MEAMI CITY COMMISSION, WITH ATTACH ENTp, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6 -8-R "URBAN CORE TRANSECT ZONE - RESTRICTED" TO T64M "URBAN CORE TRANSECT ZONE - OPEN', FOR THE PROPERTY LOCATED AT APPROXIMATELY 240 SOUTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING ENDINGS, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATA. History of Legislative File Z Office of the Cilp 219l2016 Reviewed and Attorney Approved Nonsuccessional Corrective Actions: Staff Interpretation at PZAB Hearing 1/6/2016 Submitted into the public record fo it7n(s) on / I / h City Clerk • Assistant City Attorney stated that when there is a mistake on the map for the category given, it can be corrected as a housekeeping measure, without following successional zoning (1:49:13). • Planning Director, speaking as a co -applicant, stated that the rezoning process is the only process by which to resolve a mapping error (2:03:06). o Responsive and responsible means to correct the mistake. o Occurs in a public forum. Miami 21: Successional Zoning Does Not Apply to Corrective Actions Submitted into the public record I on City Clerk 7.1.2.8 Amendment to Miami 21 Code a. Successional Zoning. The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the roving change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the nett higher Transect Zone, or through a Special Area Plan. All changes shall maintain the goals of this Code to preserve Neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. ILEIqPLANNINC3 Submitted into the public record for item(s) on City Clerk Urban Planning Analysis: Rezoning Criteria ILER PLANNING Submitted into the public record fo on "��L/ City Clerk Rezoning Criteria: Goals, Objectives, and Policies of the Miami Neighborhood Comprehensive Plan and Miami 21 •T6 -24b-0 is in compliance with the MNCP o Foster redevelopment, promote economic development and jobs, minimum land use conflicts (Future Land Use Goal LU -1) Encourage residential density development in close proximity to the Financial District Metromover station (Future Land Use Policy LU -1.1.10) o Expand the Downtown Miami area's role as a center of domestic and international commerce (Future Land Use Objective LU -1.4) • Consistent with Goals of Miami 21 cv Reduction of sprawl o Improvement of the built environment and human habitat Transit -oriented, pedestrian -friendly focus o Reinforce neighborhood pattern ILER PLANNING Submitted into the public record for item(s) on City Clerk Rezoning Criteria: Need and Justification for the Change *Significant Changes: o Designated Restricted Commercial similar to the parcels north and west, rather than High Density Multifamily Residential similar to the parcels to the south and east o Included in the Residential Density Increase Area o Given a restrictive zoning classification under Miami 21 in 2010 ILERPLANNING Submitted into the 'b1 record ft (S)�, on , �,r,,' City Clerk Rezoning Criteria: Change to the Next Intensity Transect Zone, Preserve Neighborhoods, and Provide Transitions *City Commission found that the proposed change is a corrective action that maintains the goals of Miami 21 to preserve neighborhoods and provide transitions in intensity and building height • The 24 -story height limit imposed is a property midpoint between the properties zoned T6-8 to the south and east and the properties zoned T6-48 to the north and west Submitted into the public record for itezn(s) M�), on ? City Clerk MCNP Future Land Use: Restricted Cornmercia[ Future Land Use Map Excerpt The Babylon is grouped with the non-residential properties to the north and west as "Restricted Commercial." This is suggests that M T6 -8-R is not the correct zoning designation. pity ily ial MCNP Future Land Use: Brickell Residential Density Increase Area Submitted into the public record qite� onu�iCi tY Clerk ' s', a .! � •�'f. _ = �� Brickell RDIA. � --, Permits 500 dwelling V =�units per acre. 4 s � i � The Babylon is within the Brickell a . RDIA. - _ tib. { - • r - " ,i�; r Ordinance 11000: Office Development Regulations Height Unlimited Density 500 dwelling units per acre (Brickell RDIA) Intensity FloorArea Ratio 1.72 times the gross lot area Front: 10 feet minimum Side and Rear: 10 feet minimum or the same as the abutting zoning district, whichever is greater The maximum height at the base building line must be equal to the sum of the right of way, plus the 2 front setbacks on either side of the right of way or 120 feet, whichever is greater. Portions of buildings above that height, must have been set Setbacks back 1 additional foot per each foot in height. Submitted into the public record fo ite, s),�, an ��/ I CityClerk Miami 21: Existing T6 -8-R Development Regulations Height 8 stories, 12 stories with Public Benefits Density 500 dwelling units per acre (Brickell RDIA) Intensity Floor Lot Ratio 5, 25% with Public Benefits Front: 10 feet, 20 feet above 8th story. 0 feet by Waiver. Side and Rear: 15 feet (Brickell Established Setbacks Setback Area), 30 feet above the 8th story. Submitted into the pubic record for it (s) on q � �j q City Clerk Miami 21: Brickell Established SetbackArea Boundary: All properties bounded by SE 1 st Avenue to the west, SE 8th Street to the north, Biscayne Bay to the east and SE 15th Road to the south. Interior Side and Rear Setback: fifteen (15) feet I See Section 3.3.6.x.2 Submitted into the public , record 7,!7(s) i�j on j9 City Clerk Miami 21: Front Setback per Section 5.6.1.g • "Frontage Setbacks above the eighth floor for Lots having one (1) dimension measuring one hundred (100) feet or less may be a minimum of zero (0) feet by Waiver." • "For T6-24, T6-36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way seventy (70) feet or greater in width." • Under T6.8 via Waiver: Zero front setback above the Stn floor • If rezoned to T6-24 as of right: Zero front setback above the 8t" floor Submitted into the public record for item(s) on City Clerk Miami 21: Side and Rear Setbacks per Section 5,.6.1.h • iiFor T6-24, T6-36, T6-48, T6-60 and T6-80 Lots having one dimension one hundred (100) feet or less, side and rear Setbacks above the eighth floor may be reduced to a minimum of twenty (20) feet by Waiver." • Under T6-8: 30 feet side and rear setbacks above the 8th floor • If rezoned to T6-24 via Waiver: 20 feet side and rear setback above the 8th floor Submitted into the public recordfqr item(s) MV , on 9� M . City Clerk Miami 21: Approved T6 -24b-0 with Covenant Submitted into tothe recorDevelopment Regulations nd1 ( public City Clerk Height 24 stories, no additional height Density 500 dwelling units per acre (Brickell RDIA) Floor Lot Ratio 16, 40% with Public Intensity Benefits Front: 0 feet by right. Side and Rear: 15 feet (Brickell Established Setback Area), 30 feet above the 8t" story. Setbacks 20 feet by Waiver. Context: Height Analysis Office Building -14 Commodore Bay Tower Condo -14 Sfibmitted into the public recordfo it (s) on 9 121 City Clerk Legal Sufficiency of Map Correction Submitted into the public roecord� rl,rn7l(q) MCity Clerk •"It is entirely arbitrary and not at all `fairly debatable' on grounds that make sense for the governing authority to allow for an entire transformation of the character of an area through extensive rezoning of all nearby property—and then to deny the subject property owner equal treatment, although similarly situated." o City Com'n of City of Miami v. Woodlawn Park Cemetery Co., 553 So. 2d 1227, 1233 (Fla. 3d DCA 1989).