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HomeMy WebLinkAboutStaff Analysis and MapsPage 1 of 9 NOTICE This s,bmiffaln d, fo be seh,&i dfor a P.-Hearing rcoNanre wiH� timelinEs sel—h in the City of Miami C de. THe appkc becisi ,n king body will renew Hie lnfomtatio at the pubic Hearing fo renders iecommen�s4pn of afinal dec�on. PZ-22-14579 / 06/14/22 `f PROPERTY INFORMATION: The Property is legally described as: BEGINNING at a point 162' East of the S.W. corner of Lot 19, Tuttle Subdivision as recorded in Plat Book "B" at Page 3, among the Public Records of Miami -Dade County, Florida, said point being the intersection of the Easterly right-of-way of N.E. 41h Avenue, and the Northerly right-of- way of N.E. 82"d Terrace; thence along said Easterly right-of-way N.E. 4th Avenue and Southerly right-of-way, Easterly terminus and its Northeasterly extension of N.E. 84th Street the following courses: N00'19'09"E a distance of 692.45', S89'47'30"E a distance of 20' and N00'16'09"E a distance of 164.5' +/- to the Approximate M.H.W. line of the Little River; thence with the meanders of said M.H.W. line the following courses: Due East a distance of 56', 555'00'E a distance of 28', S27'00'E a distance of 85.5', S32'30'E a distance of 75' and S48'30'E a distance of 83' +/- to a point on the Westerly right-of-way of the F.E.C. Railroad; thence with said Westerly right-of-way 524'54'40"W a distance of 18' +/- to a point of curvature and with the arc of a curve to the left having for its elements a radius of 1960.08', a central angle of 19'11'56", a distance of 656.79' to a point on the aforementioned Northerly right-of-way of N.E. 82nd Terrace; thence N89'47'30"W with said Northerly right-of-way a distance of 63.96' to the POINT OF BEGINNING, containing 2.63 acres more or less. The Zoning classification for this Property is "T3-0"Sub-Urban Transect - Open and the Future Land Use designation is Medium Density Multifamily Residential. The Property bounded by the Florida East Coast Railroad to the east, the Little River to the north, NE 4 Avenue to the west, and NE 82Terrace to the south. The Property is 114,563 square feet and is currently unimproved, with no built structures. Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 2 May 2022 Page 2 of 9 NOTICE Thb: sebmmeb neea9 b be senea,ka mr a pebue ty bn arreraanre w� ameon®:et brtM1 bn the city & at —,,b M, eeppacs Hetlabeion-mahing bogy will reWew Te Inbimatbn at iM1e pubic M1earing b rentler a reepmmentbapn or a pnal aecpon. kPZ-22-14579 06/14/22 -e Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 3 May 2022 Page 3 of 9 NOTICE Thls submmal needsb be achedtktl for ap Clty &ty In arreraanre w� ameon®:et tartM1 In the at Mlami Cotle.The eppacsde tlaleion-maXing hotly will reWew Te Inbimatbn at iM1e pubic M1earing to rentler a reepmmentbaon ore pnal aecpon. PZ-22-14579 06/14/22 Figure 2 — Existing Zoning Atlas — Property outlined in black UNNAMED CS G UNNAMED NE 84TH ST u W T3-0 z T&L d 2 LU NE83RWST i T5-R NE 82NDeTEfR a NE KND.TER x ` v 11J z T4-L a N LU NE-82ND 51lt7 — - - T6-8-0 Staff Analysis Report No. PZ-22-14579 - Special Appearance - 399 NE 82 Terr- Page 4 May 2022 Page 4 of 9 NOTICE Thls submmal needsb be achedtktl for ap Clty &ty In arreraanre w� ameon®:et tartM1 In the at Mlami Cotle.The eppacsde tlaleion-maXing hotly will reWew Te Inbimatbn at iM1e pubic M1earing to rentler a reepmmentbaon ore pnal aecpon. PZ-22-14579 06/14/22 Figure 3 — Future Land Use Map — Property outlined in black UNNAMED G UNNAMED 9� �d NE 84TH ST Single Family Residential a T w NE783RD'ST L Z Medium Density / Multifamily Residential NE 82ND_l-ER a x v z z NE 82ND TER LowiDensity Restricted Commercial d o NE 82ND Sr Restricted w z Commerc`ial W' Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 5 May 2022 Page 5 of 9 NOTICE This s,bmmal needs to be schedikd for a pubb. hearing in a�omen�—timem,- set lone in the city ©t Miami pp­.decisi.,- king bWy 011 C. NEIGHBORHOOD CONTEXT SURROUNDING USES Miami 21 MCNP / Density Existing Use North The Village of El The Village of El The Village of El Portal/Little River Portal/Little River Portal/Little River "T4-L" General -Urban — Low Density Restricted Single Family South Limited Commercial (2 units) (36 D.U.) "T5-R" Urban Center - Medium Density East Restricted Multifamily Residential Railroad (65 D.U.) Single Family Single Family, low West "T3-L" Sub -Urban — Limited Residential density (9 D.U.) The Property is located in a T3 residential neighborhood at the northern boundary of the City of Miami, along the Little River. The NW 79 Street and NW 82 Street corridor (zoned T4 and T6) contains a mix of uses in the adjacent area, though the uses are largely medium/higher residential. A couple blocks to the west is the NE 2 Avenue T6 commercial corridor where there are retail, food, entertainment, and office establishments. The property is bounded by the Little River to the north, and the Little River curves southward just to the east of the property, on the other side of the Florida East Coast Railroad. On the other side of the railroad and the Little River, there are a few acres of T5 and T6 Zoned properties, containing medium and high -density residential uses adjacent to a high intensity commercial hub at the intersections of NE 82 Street and NE 79 Street. D. BACKGROUND On July 16, 2007, then -owner Little River Plaza LLC, recorded the subject Declaration of Restrictive Covenants ("the Covenant") in connection with an adopted rezoning (May 24, 2007) at the Property from R-1 (Single Family Residential) to R-3 (Duplex Residential) under ordinance 11000, the previous Zoning ordinance (Ordinance 12921). The Covenant contains the following conditions: a) "Provide one vehicular access from North East Fourth Avenue into an internal drive to the project and to serve as the access point of all units. If requested by the Fire Department for the life safety needs of the community, a "break -away" metal exit may be provided for use by emergency vehicles only. Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 6 May 2022 PZ-22-14579 06/14/22 Page 6 of 9 NOTICE Thi, s,bmmal need, to tx,chedikd for a pubb. hearing in a�omen�—timem,- set lone in the city ©t Miami pp­.decisi.,- king bWy will PZ-22-14579 06/14/22 b) Provide four (4) units within the affordability range of workforce housing as identified by Miami -Dade County. c) Provide a "look-out"to the Little River Canal, which will be submitted to the Oakland Grove Homeowners Association for design input. d) Provide a tree mitigation and relocation plan. e) Provide a sidewalk as part of the project on the east side of NE fourth Avenue f) Provide the option of the traffic mitigation plan as presented by Richard Garcia and Associations to be implemented only by and at the request of the Oakland Grove Homeowners Association. g) Provide that the subject property shall not seek a change of zoning for a period of ten (10) years following the adoption date of the change of zoning from R-1 to Single Family Residential to R-2 Duplex Residential on May 24, 2007." The Covenant was recorded in the Official Records Book 25862, Pages 3302-3306, of the Public Records of Miami -Dade County, Florida. E. ANALYSIS The Applicant seeks to release of the existing Covenant. Section (4) of the existing covenant entitled "Modification, Amendment, Release states the Covenant may be released by written instrument executed by the Owner of the Covenant Property, and with the approval by City Commission, after a public hearing. The Applicant, in their letter of intent (LOI) states that the acquisition of the Property by the Pelican Harbor Seabird Station seeks to replace the existing Covenant with a new Declaration of Restrictive Covenants that is in line with the intended development of the non-profit organization. The Pelican Harbor Seabird Station does not seek to develop the Property with residential uses, as envisioned by the prior owner that recorded this Covenant. Instead, the Pelican Harbor Seabird Station seeks to move its operations from its current location located on the nearby causeway to this Property. The development would include an office, wildlife rehabilitation services, and open space preservation, classified as a Community Facility, as determined by the Zoning Administrator. Conditions "a","b",and "f"have been found to be irrelevant to the current development given the change in the intended use of the Property. Additionally, condition "g"has been satisfied given that more than 10 years as gone by since the recording of the Covenant. Condition "c"provides for public access to the Little River waterfront, which this Applicant has voluntarily proffered in a proposed Declaration of Restrictive Covenants. Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 7 May 2022 Page 7 of 9 NOTICE Thls s,bmmal needs to be s,h,d Wd 1 , a P.bb. hearing in a�oman�—timeiin®.i�—h in Abe city of Mlami Cotle.The apPdcatl-bacisi.,- king bodyW PZ-22-14579 06/14/22 Conditions "d"and "e"will be addressed through the site planning process, regardless of this existing covenant. Additionally, the newly proffered Covenant would provide for limitations on uses and capacity on the Property that would more closely align with the intended development of the Property. F. COVENANT RELEASE COMMITTEE The Covenant Release Committee ("Committee") met on May 6, 2022, and reviewed the request to release the 2007 covenant. After reviewing the application, the Committee recommended approval of the request to release, as detailed in the attached memo from the Zoning Administrator. Based upon the analysis herein and the recommendation from the Covenant Release Committee, the Planning Department recommends Approval of a full release of the Declaration of Restrictive Covenants. F Jacqueline Ellis Chief, Land Development Attachments: Attachment 1: Declaration of Restrictive Covenants (July 16, 2007) Book 25862, Pages 3302-3306 Attachment 2: Memo from the Zoning Administrator for the Covenant Release Committee NOTICE The Final Decision may be appealed by any aggrieved party within fifteen (15) days of the date of the posting of the decision on the City's website. The filing of an appeal, and payment of appropriate fee, may be submitted online at https://www.miamiclov.com/Services/Solve-a- Problem/Appeal-a-Warrant-or-a Waiver. Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 8 May 2022 Page 8 of 9 Jacqueline Ellis Chief of Land Development NOTICE This,nbmma�d pnbbetleedng In ercortlanre wM timelines s. forth in the 01,1 Mlemi Cptle. The applies Lte dsisipn-making by y vAll reWewMe lniormation at the P-, hearing to render s recpmmend— pr a final Gedvon. PZ-22-14579 06/14/22 // Page 9 of 9 This instrument prepared by and, when recorded, should be returned to: A. Vicky Garcia -Toledo, Esquire Bilzin Sumberg Baena Price & Axelrod LLP Suite 2500 200 South Biscayne Boulevard Miami, Florida 33131 1 +�O N1V NOTICE ppCC�+(�`yy[21((!�$ R ECORDE This submittal neebsm be scheauleem,pebkhe ,g HAPVEY City& aco.aaniwk bman gecisse i torah CWe. Theapplude tlking bWywill Miami making MIAMI_D reVewihe information at the p0k hearing. render a xommen a on or afinal d.d. n PZ-22-14579 06/14/22 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS The undersigned owner ("Owner") of the real property (the "Property") lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally described in Exhibit "A", which is attached hereto and made a part hereof, and located at: Street Address: 399 NE 82 Terrace, Miami, Florida IN ORDER TO ASSURE the City of Miami that the representations made to them by the Owner in connection with that certain public hearing application for an amendment to the Miami Comprehensive Neighborhood Plan and that certain public hearing application for an amendment to the Zoning Atlas and/or Overlay District (collectively, the "Applications") will be abided by the Owner, its heirs, successors or assigns, freely, voluntarily and without duress, Owner makes the following Declaration of Restrictive Covenants ("Declaration") covering and running with the Property: (1) The Owner voluntarily proffers the following conditions to the development of the property: (a) Provide one vehicular access from North East Fourth Avenue into an internal drive to the project and to serve as the access point to all units. If requested by the Fire Department for the life safety, needs of the community, a "break -away" metal exit may be provided for use by emergency vehicles only. (b) Provide four (4) units within the affordability range of workforce housing as identified by Miami -Dade County. (e) Provide a "look out" to the Little River Canal, which will be submitted to the Oakland Grove Homeowners Association for design input. (d) Provide a tree mitigation and relocation plan. ti1z � h4 . r� NOTICE Thla submittal needs b be sch.dWed bra p0k hearing Cora—wi hmer1ne� aet ronh m the City& (e) Provide a sidewalk as part of the project on the east side eN Wi��de meepph�ae de eion making bWywll the infrnm pplal the Pb hearington:naera nxommentlation or a final deciaon. Avenue. PZ-22-14579 06/14/22 {f) Provide the option of the traffic mitigation plan as presented b ' Garcia and Associations to be implemented only by and at the requ the Oakland Grove Homeowners Association. (g) Provide that the subject property shall not seek a change of zoning for a period of ten (10) years following the adoption date of the change of zoning from R-1 to Single Family Residential to R-2 Duplex Residential on May 24, 2007. (2) Conditions Precedent. This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida only upon, and is expressly conditioned upon, the approval by the City Commission of the City of Miami and expiration of all applicable appeal periods of the Applications pending before the City Commission. (3) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future owner(s) of the Property.. (4) Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then owner(s) of the Property, or portion thereof, provided that the same also is approved by the City of Miami, Florida, after public hearing with, at a minimum, written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls as of the date of application. Modification of this Declaration shall require the affirmative approval of a simple majority of the City Commission of the City of Miami. Any modification, amendment or release shall be in a form acceptable to the City Attorney. (5) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants of this Declaration. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (6) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more 'shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. AN C p'N SV NOTICE = j This submittal neeasm be sch.dWed br a p0k heahny 1, ­ra­wi ema11ne:aattonh m ma Cirim (7) SeverabiRty. invalidation of any one of these covenants by jud aiCotle. Theappliwde tle isionmakingbWywll the infrnm Pplal the pub4c hearingto WyWa «xommentlation or a final d.d. on. in no way shall affect any of the other provisions, which shall remai PZ-22-14579 and effect. 06/14/22 (8) Recording. This Declaration shall be filed of record by the Owner in %ep records of Miami -Dade County, Florida at the cost of the Owner as provided in Section 3 of this Declaration. The Owner shall promptly furnish the Department of Hearing Boards with a recorded copy of this covenant. (Signature Page Follows} wwm Rrr �. R F/A MO. —mm Address: /3- *14mleYMI - 7h` 'Are .. STATE OF FLORIDA ) R COUNTY OF ) Owner LITTLE RIVER PLAZA, LLC By: ""O�4� Katie T Managing Member The foregoing instrument was acknowledged before me this 126 day of June, 2007 by KATIA TRAiKOS, as Managing Member of LITTLE RIVER PLAZA, LLC, who is personally known to me or produced a valid driver's license as identification. My Commission Expires: (�a� 4 Notary Public Sign Name: Print Name: / Signed, witnessed, executed and acknowledged this 12t' day of June, 2007- 4 ti1e C p'N yV NOTICE Th1s submittal needs be echedu�d for a p0fic hearing Cora— wkh emerin. set ronh in the City & mi— Code. The applude decision -making bWy will reVew the nt -alion at the PO"hearing to render a recommendation or a final deciaon. PZ-22-14579 06/14/22 N ICHOI_AS+D.+PERRIS• r+. Comm# DD0349256 s d Vires 912712M ftnded thru (800)432 d254' N, Florida Notary Assn Inc Exhibit "A" Legal Description OR B K 25 1-AST PAG ti1e �'r� / a C p'N yV NOTICE Thls submittal needs to be sch.dWed b, a p0k hexhng a wkh em[n set ronh m th. City& mid Code. Theapplude tlecision-making bWywill reVewihe information at the pubec hearing to mode,. nxommentlation or a final deciaon. PZ-22-14579 06/14/22 A portion of Lot 19 of "TUTTLES SUBDIVISION", according to the plat thereof as recorded in Plat Book B, at Page 3, of the Public Records of Miami -Dade County, Florida, lying South of the South line of the Little River and West of the Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, being more particularly described as follows: Commence at the Southwest corner of said Lot 19; thence run East, along the South Line of said Lot 19, for a distance of 162.00 feet to the Point of Beginning of parcel of land hereinafter to be described; thence continue East, along said South line of Lot 19, for a distance of 60.00 feet to a point of intersection with the Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, said point being a point on curve bearing S. 84' 06' 06" E. to the center of said curve, having for its elements a Radius of 1960.08 feet and a central angle of 190 13' 34"; Thence run Northeasterly along the arc of said circular curve, concave to the Southeast, (also being said Westerly . right-of-way line), for an arc distance of 657.72 feet to a point of tangency of said circular curve (said point bears N. 64' 52' 32" W. from the center of said curve); Thence run N. 25' 07' 28" E. for a distance of 14 feet, more or less, to the Southerly water's edge of the Little River; Thence meandering Northwesterly and Westerly, along said Southerly water's edge, for a distance of 338 feet more or less to a point of intersection with the Easterly line of Lot 13 of "FLORA DEL RIO", according to the plat thereof as recorded in Plat Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida; Thence run S. 00' 08' 06" W., along said Easterly line of Lot 13 and its Southerly extension, for a distance of 172 feet more or less to the Southeast corner of the Right -of -Way of N.E. 84th. Street, as shown on recorded plat of "FLORA DEL RIO", according to the plat thereof as recorded in Plat Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida; Thence run West, along the Southerly line of said right-of-way of N.E. 84th. Street, for a distance of 20.00 feet to a point of intersection with the Easterly Right -of -Way line of N.E. 4th. Avenue, as shown on said recorded plat of "FLORA DEL RIO"; Thence run S. 00' 08' 06" W. along said Easterly Right -of -Way line of N.E. 4th. Avenue, for a distance of 692.50 feet to the Point of Beginning. Said described parcel of land lying and being situated in the City of Miami, Miami -Dade County, Florida. Property Address: 399 N.E. 82nd Terrace, Miami, Florida. MIAMI 1265025.3 7678424983 6104/07 11:57 AM k, Book25862/Page3308 CFN#200708 1 4994 NOTICE This submittal needs b be achetluled for a public hexhng In accortlanre wM1h tlmelln1 set iodh in the City & MiamiCWe. TheappU-d' dads— a "g bwywill rewewtheinbrmation at the pubec hearing to rentlere recommendation or a final decidon. PZ-22-14579 \\ 06/14/22 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V, City Manager DATE: June 8, 2022 411y!are� NOTICE mie eobmidal needs m ­he&ied mr a pbk healing In —nd—wM1h tlrnellnee sH forth in the City & Miami CWe. The appliwde bs—n- naXing bWy will rewew the inbrm ,at the pubec hearing to rend,, recommendation nn a final d-ivon. PZ-22-14579 \\ 06/14/22 SUBJECT: Release Review Committee Recommendation for Release of Restrictive Covenant located at 399 Northeast 82nd Terrace FROM: Daniel S. Goldberg, Esq. Director of Zonin / Zonin Administrator Goldberg, Digitally signe� by Goldberg, Daniel Date ;8 Daniel 11:53:57-04'00' REFERENCES: PZ-22-13162 ENCLOSURES: On May 6, 2022, the City of Miami's Release Review Committee ("RRC") recommended approval by the City Commission of the release of restrictive covenant recorded on August 16, 2008, in Official Records Book 25862, Page 3302 of the Public Records of Miami Dade County, Florida ("Covenant") against the property located at approximately 399 Northeast 82nd Terrace ("Property"). The Covenant was proffered in connection with a rezoning of the Property under former zoning Ordinance No. 11000 from the R-1 (single family) to R-3 (multifamily residential) zoning category approved by the City Commission on May 24, 2007 as Ordinance No. 12921. The Covenant required the following: 1. That only one vehicular access from Northeast 41h Avenue be permitted except for any "break -away metal exit" requested by the Fire Department for use by emergency vehicles only; 2. Four (4) workforce housing units to be provided; 3. A "look out" to the Little River be provided with design input from the Oakland Grove Homeowners Association; 4. A tree mitigation and relocation plan be provided; 5. Sidewalks be provided on the east side of Northeast 41h Avenue; 6. Provide a certain traffic mitigation plan to be implemented at the request of the Oakland Grove Homeowners Association; and 7. That the Property not seek a rezoning for ten (10) years. The RRC recommends approval of a release of the Covenant for the following reasons: 1. The Property is presently seeking a re -zoning from the T3-0 Transect Zone to T4-L and is proffering replacement restrictive covenant under process number PZ-21-10502 that contemplates a Community Support Facility Use (as defined in Miami 21) with no dwelling units; 2. Tree mitigation and sidewalks are required per the City Code and Resilience and Public Works requirements, respectively; 3. In lieu of the "look out", the Property's development would require a waterfront walkway per Article 3 of Miami 21 along the Little River; and 4. Though additional vehicular access is contemplated for the new Community Support Facility Use, the proposed Use is far less intense than what could have been constructed under the former Ordinance No. 11000 R-3 zoning category. cc: Dr. Nzeribe Ihekwaba, Ph.D., P.E., Deputy City Manager Maurice Pons, Building Official Juvenal Santana, P.E., Director of Resilience and Public Works Lakisha Hull, AICP, LEED AP BD+C, Director of Planning Department Robert Santos-Alborna, Director of Code Compliance 411y!arR� NOTICE This su brnidal needs b te• achetluled for a public hearing In accortlanre wM1h tlmellnes set forth in the City & Miami CWe. Theappliwd, dads— aXing bwy will rewewthe inbrmation at the public hearing to render e recommendation or a final aecidon. PZ-22-14579 \\ 06/14/22 Jacqueline Ellis, Chief of Land Development Ryan Shedd, Planner II CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: May 2, 2022 t R l9t• NOTICE Thls aubmRtal n d, b be achetluletl f ,a public hewing Inaz ndantewhhtn,6nessetforth In the City of Miami CW,e , applicable tleci,l making bWy W 1 ,eA.. heintnnnatlon atthe public hearing to rentle, a recomme dk-., a final dec n. PZ-22-14579 \\ 06/14/22 Aj SUBJFCT: 399 NE 82 Ter '4111114 Preapplication Requirement REFERENCES: PZ-20-6053, PZ-20-6058, & PZ-21-10502 ENCLOSURES: In connection with the applications for a Rezoning and a Comprehensive Plan Amendment (PZ-20-6058 and PZ-20-6053 respectively) at 399 NE 82 Ter, Pelican Harbor Seabird Station Inc., the owner of the property, will be applying for a Special Appearance before the City Commission in order to release a Declaration of Restrictive Covenants that was recorded on August 16, 2007 (CFN 2007RO814994). Per direction from Assistant Director David Snow, the application for a Special Appearance will not require a Preapplication meeting, as staff and the applicant (through multiple hired representatives) have met on numerous occasions to discuss the existing and proposed covenants. As such, this memo shall serve to satisfy the requirement for PZD-6, the Preapplication Summary Report, as required by the checklists of required documents for Rezones and Comprehensive Plan Amendments. Background The companion applications PZ-20-6053 and PZ-20-6058 were each filed in early 2020 in order to change the Comprehensive Plan's Future Land Use Designation from Medium Density Multifamily Residential to Medium Density Restricted Commercial and to Rezone the Miami 21 Transect from T3-0 (Sub -Urban Transect Zone Open) to T4-L (General Urban Zone Limited) for the property. Additionally, the applicant, through the first representing attorney, applied for a new Declaration of Restrictive Covenants (PZ-21-10502), with an awareness of this older covenant recorded on the site. In February 2022, the applicant changed representation, hiring attorney Melissa Tapanes- Llahues. At this time, Planning staff met with the applicant and advised that in order to move forward with applying for the new covenant and bringing the Rezone and Comprehensive Plan Amendment to hearing, the existing covenant would need to be released. Subsequently, the applicant has applied for a Release of Declaration of Restrictive Covenants through the Zoning department (PZ-22-13162) and will now apply for a Special Appearance in order for the release to be heard by the City Commission, as required by the existing covenant under the terms for release. Digitally signed by Shedd, Shedd, Ryan pate 2022.05,03 08:50:38-04'00' Cc: David Snow, Assistant Director AERIAL EPLAN ID: PZ-22-14579 SPECIAL APPEARANCE ADDRESSES: 399 NE 82 TER NOTICE Thls soban"d needs to be scheduled fore public hearing in rcordance with timelines ad forth in the City of Miami Code. The applira he declslon-making body will retl_the Information at the to btic hearing to render a recommendati on or a final decid on. PZ-22-14579 06/14/22 0 125 250 500 Feet I " �YTY OF FUTURE LAND USE MAP EXISTING EPLAN ID: PZ-22-14579 ( ) ((Naml NOTICE neetla to beachetloletl fora public hearing SPECIAL APPEARANCETheatimel d.I,I.ne ad minthe oyo Thealion atie tleclslon-mnngt modemfoa ndat the, fin.hearingn rentersommentlaA on or a fins l tleci6 on. ADDRESSES: 399 NE 82 TER PZ-22-14579 06/14/22 0 125 250 500 Feet UNNAMED G ZZ UNNAMED 9� �Q NE 84TH ST t i Single Family - Residential a U L NE'83RD ST z m w z Medium Density Multifamily Residential NE 82ND-TER J d NE82ND-TER v w z LowiDensity Restricted N ,—Commercial—a o NE 82ND ST Restricted Lu z Commercial z • �vTv os,"4 •• } MIAMI 21 (EXISTING) EPLAN ID: PZ-22-14579 NOTICE Thi—b.".L eetlafo beschetluletl fora pebk hearing SPECIAL APPEARANCE iamiC e.Th whhtimeldmi[tarlh in the City of Miami CMe.ormapplicabletiohtlublic hearing render renew Me information at the pe fna hearing n. ren0er a nxommentlaA on or a final tlecia on. ADDRESSES: 399 NE 82 TER PZ-22-14579 06/14/22 0 125 250 500 Feet UNNAMED CS G 229 UNNAMED NE 84TH ST W T3-0 Z T3-L Q w NE 83RD"ST z T5-R NE 82ND-TER J d NE 82ND-TER w z T4-L a � N M W Z NE 82ND ST T6-8=0 i PLANNING DEPARTMENT *,-(IBCBBP IBATEI E Project Fact Sheet NOTICE y, "� This sudmival neeasm descneawee Wr z pu duc nearing �� i� a«nrean..e..t umr_1--f-h im me any or L O Miami C de.7he applieade tle is'..h r along body wll R t This document is used to provide a summary for �e,.,N—f,ma�anallhepubkh—,nglorcneera re�nmmenaaenn Qrafinal ee�.is t Planning Department related projects. PZ-22-14579 06/14/22 Aj Project Name: Pelican Harbor Covenant Release Project Address: 399 NE 82 TER Company Name: Pelican Harbor Seabird Station Inc Primary Contact: Melissa Tapanes-Llahues Email: mtapanes@brzoninglaw.com Secondary Contact: Andreina Espina Email: aespina@brzoninglaw.com Staff recommends approval based on the findings in the staff report and the Covenant Release Committee which met on May 6 and recommended approving the release of the covenant. Lead Staff: Ryan Shedd Principal Division: Comprehensive Planning Email: rshedd@miamigov.com The applicant is request the release of a Declaration of Restrictive Covenants which is recorded on the property at 399 NE 82 Terrace. The covenant was recorded in conjunction with a prior rezoning, the development program for which never came to be developed. The applicant now seeks a different rezone in order to develop the property with a Community Facility to house the new facilities for the Pelican Harbor Seabird rescue program. The applicant's requests have support from local stakeholders, including the neighborhood association. Webs Link(s): BOARD R1 0 HEPB 0 UDRB ✓❑ City Commission 0 PZAB 0 WDRC 0 AIPP Existing Transect Zone(s): T3-0 Existing FLUM(s): Medium Density Multifamily Resided Commissioner District(s): 5 - Christine King Department of Human Service Neighborhood Service Center(s): Little Haiti Revision Date: 06/15/2021 Department Director: Lakisha Hull, AICP, LEED AP BD+C