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Home My WebLink AboutPZAB 3-20-13 Supporting DocsPZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 13-00078zc Quasi -Judicial Title: 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 FOR THE "T3-O" SUB -URBAN ZONE PORTION OF PROPERTY TO "T4-O" GENERAL URBAN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2750 SOUTHWEST 16TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 2750 SW 16th Street [Commissioner Francis Suarez - District 4] Applicant(s): Zoning: Ben Fernandez, Esquire, on behalf of Mapisjo Investment Group, LLC Wachovia Financial Center 200 South Biscayne Blvd., Ste 850 Miami, FL 33131 (305) 377-6235 T3-O Sub -Urban Zone Purpose: This will change the existing zoning classification for the above property from "T3-O" to "T4-O". Planning and Zoning Department Recommendation: Denial. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: March 20, 2013 ANALYSIS FOR ZONING CHANGE Approximately 2750 SW 16th Street FILE NO 13-00078zc Pursuant to Article 5 of Ordinance 13114, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: Application requests: A change to the existing zoning classifications of the acreage described herein of selected real property located approximately at 2750 SW 16th Street Miami, Florida from "T3-0 Sub -Urban — Open Transect Zone to "T4-0" General Urban — Open Transect Zone. The subject property Is located within the Coral Way NET area and consists of Lots 9, 10,11, 12, 13, 14, 19, 20, and a portion of lot 21 of Block 9 encompassing approximately 1.43 acres as described in Exhibit "A" (Complete legal description is an file with the Hearing Boards Section). Review and analysis of the proposed application finds that: • The subject lots represent a portion of a larger parcel designated "T3-0" and "CI". • The most eastern portion of the subject property is incorrectly designated "Cl" "Civic Institution Zones", Therefore, as part of the Miami 21 clean-up, the City will be sponsoring a future zoning change reflecting the correct zoning for the parcel. • The application request involves a rezoning of the aforementioned lots 9 through 14, 19, 20, and a portion of lot 21 from "T3-0" to "T4-0", • Pursuant to Article 7, Section 7.1.2.8 (a) (3), the proposed rezoning meets the successional zoning requirement from T3-0 to T4-0. • A change to T4-0 will allow for entertainment establishments, food service establishments, alcohol beverage service establishments, and general commercial uses that will be incompatible within the T3-0 established residential area immediately to the north, west, and south of the subject property. Thus, the rezoning request represents a clear commercial intrusion within the T3-0 residential area, • The requested zoning designation of T4-0 Is inconsistent with the current Comprehensive Neighborhood Plan (MCNP) designation of "Duplex -Residential" and would require a Future Land Use Map (FLUM) amendment to "Low Density Restricted Commercial". Based on the aforementioned findings, the Planning and Zoning Department recommends denial of the proposed rezoning as presented. Analysis for ZONING CHANGE File ID: 13-00078zc Yes No NIA. n n a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ® -1 b) The proposed change is in harmony with the established land use pattern, IZI c) The proposed change is related to adjacent and nearby districts. d) The change suggested is not out of scale with the needs of the neighborhood or the city. L C ❑ �I e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. n f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. n [ g) Changed or changing conditions make the passage of the proposed change necessary. [_ j El [^ h) The proposed change positively influences living conditions in the neighborhood,, Z ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. Li I) The proposed change has the same or .similar impact on .property values in the adjacent area as the existing classification. m) The proposed change will contribute to the irnprovement or development of adjacent property in accord with existing regulations, Li n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ p) It is difficult to find other adequate sites in the surroundingarea for the proposed use in districts already permitting such use. MIAMI 21 MAP (EXISTING) SW 14TH ST 1111111111!■n�ni 1�1�11nn■�n�� d iiiiiiiiri. SW 15TH ST j13R SW_16TH.ST T3-0 T3-O CI SW 16TH TER SW 18TH ST T6-8-O a T4-L T3-O mum is mom MI 0 150 300 600 Feet ADDRESS: 2750 SW 16 ST MIAMI 21 MAP (PROPOSED) ■■non W H T N N IHhIHhi 1111 SW 14TH ST 1111111111 •� 11111111,1 II ;IZ SW 15TH ST 111 11 III' T3-R T3-R SW_16TH.ST T4-O SW 16TI-f TER T4-L T3-O Low 8-O 1' ■ s,N a T3 O I T6 1 II1I•' 111111111 1 Ell ri SW 17TH ST uIuuII- 1111111. 11111 1 SW 18TH S SW 27TH AVE N I1111 111111111111 0 150 300 600 Feet ADDRESS: 2750 SW 16 ST 0 150 300 600 Feet ADDRESS: 2750 SW 16 ST BERCOW RADELL & FERNAN DEZ ZONING^LANd USE ANID ENVIROIVMENT'AL LAW Direct: 305-377-6235 E-Maif: BFernandeza@BRZoninpLaw.com VIA HAND DELIVERY March 7, 2013 Mr. Anel Rodriguez City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: 2750 SW 16tt1 Street, Miami, Florida This law firm represents Mapisjo Investment Group, LLC in relation to the enclosed application for a Comprehensive Plan Amendment for the referenced property from Duplex Residential and Major Institution Transportation and Utilities to Low Density Restricted Commercial. We are also enclosing the companion rezoning application to change the property's transects from T3-O and CI to T4-O (only for the T3-O portion of the property, the CI portion will remain as is). This letter shall serve as the Applicant's letter of intent in support of the applications. The Property is located immediately West of SW 27th Avenue along the South side of SW 16th Street and it directly abuts a gas station on the East and a Florida Power and Light substation on the South. The property is approximately 1.2 acres in size and presents an opportunity to create a multifamily development near a major transportation corridor that is SW 27th Avenue. The property was developed as a Veteran's facility which is now closed. Therefore, the most appropriate use for the property is a use that would be transitional from the T6-80 and the CI uses around the Property. For all of the foregoing reasons, we request your favorable review and recommendation. BF/ bl Enclosures en Fernandez WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name • * Mapisjo Investment Group, LLC Application Phone * (305) 633-6030 Application Email * jjoliberty@yahoo.com Application Address * 2750 SW 16 Street Contact Fields Information Contact Name * Ben Fernandez Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav a,ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4110-002-1781 Additional Folio Number Total Acreage * 1.61 Acres Proposed Land Use/Zoning * T4 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 58 Total # of Units * Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local govemment. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local govemment shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * �� / t0- Owner(s)/Attorney/Applicant Name er(s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE Tjleforegoing w .cknowle• • •d before me this day o 20 ,by who is a(n) individua /partner/agent/corporation of individual/partnership/corporation. He/She is personally as identification and who did (did not) take an oath. (Stamp) nowtnto me or who1ias1rodu ed BETTY LLEANA MY COM;vh8roDN# 00 960413 EXpi►' ± ua, �l t 5, 20 Bonded Thn o.rerynPuD 1c UnderWdt14 ere naiekcif72- Pico:sr zfit„4 Mapisjo Investment Group, LLC Analysis pursuant to Miami 21 Article 7.1.2.8 (c) (2)(g): Attached are photographs of the building facades within a 300 foot radius of the property as well as an aerial photograph. The land use designation is primarily Restricted Commercial and Low Density Residential. The requested rezoning is justified based on the fact that there is no transition between the commercial use and the nearest residential property along SW 16th Street to the West. For these reasons, the rezoning would help to address this need. The existing grandfathered use of the property is clearly inappropriate and a residential T4-O use would be more transitional. The proposed rezoning will provide a buffer between the commercial corridor and the nearest Low Density residential use. Mapisjo Investment Group, LLC --) r ,r 41111v.___ ...... ..., . : ' 4-'..1--' '4 I / a a IP - , - 1 , . 1 el. • it, , 10 litp i _..S r (_•., . -- i ,?,.., ..— . 4 c, r II - ...?,. ,,,, - v . , ,.., 71- li • --,:: , Ls „i j lik 111 • . a . 4 :.., "r't 1 r, t .,,,,,..,,, ' it) . : . AI A, .4 , .4. • i• .. A'. ...il i Ulillrif 1. .151 1 , ; • Cr X IV . 46- --' • , .......„ -.1.- r'll a I. 1 *11,01.1•1:.',' 7 1.,,..,171b11-. '40 . iI . 0, .1::- --. *, 1 al. ...,„,:i , I • , I . d .. 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REZONING APPLICATION , , PI_ ANNi ; �` :. z PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SfrtION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 30 -4 6- 01368 Pay 12: 18 www.miamigov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8%x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2012 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of Mapisjo Investment Group, LLC 2. Subject property address(es) and folio number(s): 2750 SW 16 Street (01-4110-002-1781) 3. Present zoning designation(s): T3-O and CI 4. Proposed zoning designation(s): T4-O, only for the T3-O portion of the property, the CI portion will remain as is 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 81/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. IZ�I Wd 183JEIOZ [N31W11P,,Ia3a DNIHNV1d 03A13 138 Rcv. 07-2012 REZONING APPLICATION 17. What is the acreage of the project/property site? 1.43 acres 18. What is the purpose of this application/nature of proposed use? Mixed Use Development 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: ID Planning, Zoning and Appeals Board 1/2 hour and/or 0 City Commission % hour 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fe- per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, PI00.OQ!shall be in the form of a certified check, cashier's check, or money order. Signature Name Telephone 305-377-6235 Address 200 S. Biscayne Blvd. # 850 Miami, FL 33131 E-mail BFernandez(a BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE �1 The foregoing was acknowledged before me this ( l day of January 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did _ di • o take oath. (Stamp) Si lYt Rev. 07-2012 4 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq., who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, lI including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant(s) Name Applicant(s) Sig STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ` day of January 2013, byBen Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known t me or who has produced as identification and who did (did nk ake an oath. (Stamp) Sign Rev. 07-2012 5 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Mapisjo Investment Group, LLC Percentage of Ownership John J. Obando 80% and Maria Paula Rios 20% Subject Property Address(es) 2750 SW 16 Street (01-4110-002-1781) 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): Ben Fernandez, Esq. Owner(s) or Attorney Name w -r(s) or Attorney Sign j ure STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1 14day of January 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA MY C()M i11 PON # PO 060413 EXPO , y Prk�: h 8, 2014 6ondetl ,r r �,SUC UndiMgiterg Rev. 07-2012 6 City of Miami Hearing Boards Division.Floor REF: c275 .j er %z Please provide the following application: PLANK N�EIVE QE ARTMENT ZONING REFERRAL 13 JAN 16 PM I: 47 .444 Southwest 2nd Avenue, 4th Floor Miami, Florida 33130 II Variance APPEAL OF CLASS I /CLASS II SP.PMT Planning Department 3rd Floor MUSP INFO Special Exception I Zoning Change I..1 Amendment to Atlas Other For the property . Commission approval required PROVIDE RESOLUTION/FOR VARIANCE OR SPECIAL EXCEPTION OBTAINED Provide Resolution# COMMENTS: / 2. 8 (c) 0) THE OFFICE OF HEARING BOARD IS OPEN TO THE PUBLIC FROM 8:00 AM TO 3:OOPM. FOB iNING CHANGES THE APPLICATION HAS TO BE SIGNED BY ALL PROPERTY OWNER. Public Hearing Plans must be submitted to the. Hearing Boards Division no later than the first day of the last week of the month to be stamped., and- submitted for_reviewd by staff. 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