HomeMy WebLinkAboutPZAB 10-17-12 Supporting DocsPZAB.7
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 06-00613zc1 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 "T6-48B-O" URBAN
CORE ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Location: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff -
District 2]
Applicant(s):
Current Zoning:
Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC and
the City of Miami, A Municipal Corporation
333 Avenue of the Americas
Miami, FL 33131
(305) 579-0737
"T6-48B-O Urban Core Zone
Purpose: This will change the above property to "CS".
Planning and Zoning
Department
Recommendation: Approval.
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: Continued on October 3, 2012.
ANALYSIS FOR ZONING CHANGE
20 SE 10th Street
FILE NO. 06-00613zc1
Pursuant to Article 7, Section 7.1.2.8 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 current zoning classification of T6-48b-0 "Urban Core Transect Zone -Open" to
CS "Civic Space Zone".
The subject property is located within the Downtown NET area, and consists of the southernmost portion of a parcel,
comprising approximately 0.071 acres; located on the triangular block bound by SE 10th Street to the North, South
Miami Avenue to the west, SE 1st Avenue to the east, and SE 12th Street to the south (Complete legal description is
on file with the Hearing Boards Section).
Review and analysis of the proposed application finds that:
• The subject property is located on the southernmost portion of a triangular block at the intersection of South
Miami Avenue and SE 1st Avenue where a Mayor Use Special Permit (Flatiron) was approved by City
Commission on August 22, 2006 via Resolution 06-0400.
• The subject property is part two of a two part process by which the City will sell to the developer of the Flat
Iron project a parcel of approximately .069 acres located on the easternmost corner of SE 10th Street and
SE 1st Avenue to the east, to create a more cohesive and desirable project. The City will purchase from the
developer of the Flat Iron project a parcel consisting of approximately 0.071 acres to be developed as Urban
Park Space by the developers of the Flat Iron project. Once finished, this Urban Park will include amenities
such as benches, walkways, landscaping, irrigation and lighting. This new park location will also improve
the pedestrian circulation and safety on such an irregular intersection where South Miami Avenue, Brickell
Plaza and SW 12th Street converge.
• The proposed change from T6-48b-0 to CS will enhance the quality of life to the surrounding neighborhoods
by providing a park space that is more accessible than the current neighborhood park and will provide for
continued compliance with the MCNP's policy (PR-2.1.1) of no net loss of park land.
• If approved, the proposed zoning designation will require a Comprehensive Neighborhood Plan (MCNP)
FLUM amendment from "Restricted Commercial" to "Public Parks and Recreation"
• This request for change in zoning designation is a companion item to a request for a Comprehensive
Neighborhood Plan (MCNP) Future Land Use Map (FLUM) amendment from "Restricted Commercial" to
"Public Parks and Recreation".
Based on the aforementioned findings, the Planning and Zoning Department recommends approval of the
application as presented.
Yes No N/A.
® ❑
® ❑
Analysis for ZONING CHANGE
File ID: 12-00840zc1
a) The proposed change conforms with the adopted Miami Comprehensive
Neighborhood Plan and does not require a plan amendment.
b) The proposed change is in harmony with the established land use pattern.
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.
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.
f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
g) Changed or changing conditions make the passage of the proposed change
necessary.
h) The proposed change positively influences living conditions in the
neighborhood.
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.
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 improvement or development of
adjacent property in accord with existing regulations.
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 surrounding area for the
proposed use in districts already permitting such use.
0
150
300
MIAMI 21 MAP (EXISTING)
600 Feet
ADDRESS: 1001 S MIAMI AV
0 150 300
MIAMI 21 MAP (PROPOSED)
600 Feet
ADDRESS: 1001 S MIAMI AV
0
150
300
600 Feet
ADDRESS: 1001 S MIAMI AV
City of Miami
ZONING REFERRAL
.444 Southwest 2nd Avenue, 4th Floor
Miami, Florida 33130
Hearing Boards Division 7th Floor
REF:
//"if e //�/SiY!
Please provide the following application:
M. U-S-P.
Variance
APPEAL OF CLASS I /CLASS II SP.PMT
Special Exception
Provide Resolution# For the, property .
Planning Department 3rd Floor
MUSP INFO
oning Change
,Amendment to Atlas
Other
Commission approval required
PROVIDE RESOLUTION/FOR VARIANCE OR SPECIAL EXCEPTION OBTAINED
COMMENTS:
404
THE OFFICE OF HEARING BOARD IS OPEN TO THE PUBLIC FROM 8:00 AM TO 3:OOPM.
ZO
'EWER
Date
Fir: �NING CH NGES THE APPLICATION HAS TO BE SIGNED BY ALL PROPERTY OWNER.
Pubfic Hearing 'fans 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.
(Starnp)
•
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Iris Escarrra
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, X 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.
Iris Escarra, Esq.
Applicant(s) Name
pplicant(s) Signature
il
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 7 6( day of —Th_tely
20 /0 , by Iris Escarra, Esq.
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who has
produced as identification and who did (did` ot) take a-noath.
(/21-64-MM
ire
IJ )L R
Notary Pi.bic - State of Florida
My Commies ion Expires Sep 17, 2010
Comm ssion # DD 553129
%`0.'' Bonded B , National Notary Assn.
Rev. 12-16-08
MIA 181,129, 250v1 3-22-10
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) Brickell Flatiron, LLC
Percentage of Ownership 100% See attached Exhibit "B'
Subject Property Address(es) approx. 1001 S. Miami Avenue, 1015 S. Miami
Avenue, 1023 S. Miami Avenue, 1101 S. Miami Avenue, 1121 S. Miami Avenue and 20 SE 10
Street See attached Exhibit "A"
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):
none
Legal Description(s):
Owner(s) or Attorney Name Own ttorney Signature
M( Qu i26, 6 (7
STATE OF FLORIDA — COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this c' day of a
20/O ,by M P kgi
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who
has produced as identification and wh• //id (did not) take an oath,
(Stamp) Signatur
Notary Public bta e o onda
V R Davis
My Commission DD586727
Expires 08/20/2010
MIA 181,129,250v1 3-22-10
Rev. 12-16-08
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
A PORTION OF TRACT A'; BRICKELL FLATIRON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 768 AT PAGE 64 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST NORTHEAST CORNER OF SAID TRACT 'A'; THENCE SOUTH 15 DEGREES 00 MINUTES
00 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT 'A'; FOR A DISTANCE OF 44 7. 18 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE
OF 128.93 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 4.00 FEET; THENCE ALONG SAID CURVE TO THE RIGHT FOR AND ARC DISTANCE OF 11.50 FEET
THROUGH A CENTRAL ANGLE OF 164 DEGREES 46 MINUTES 45 SECONDS TO A POINT OF TANGENCY; THENCE
NORTH 00 MINUTES 13 MINUTES 15 SECONDS WEST, ALONG THE WEST LINE OF SAID TRACT A , FOR A
DISTANCE OF 123.36 FEET; THENCE NORTH 89 MINUTES 47 MINUTES 17 SECONDS EAST FOR A DISTANCE OF
41.71 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 3, 100 SQUARE FEET.
LYING AND BEING IN SECTION 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI—DADE COUNTY,
FLORIDA,
NOTES
1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N 15`(30'001' E, ALONG THE MONUMENT
. LINE OF S.E 1st AVENUE
2) ORDERED BY: REGENTS PARK INVESTMENTS
3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE
ATTESTING PROFESSIONAL LAND SURVEYOR,.
_tr
G1TSAEE —r )f2G�G/2 A.0CI 2Z E
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025
PHONE No.(954)435-7010 FAX No: (954)438-3288
ORDER NO. 199607 PREPARED UNDER MY SUPERVISION:
DATE: FEBRUARY 8, 20/1
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON SEC'Y & TREAS.
CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
REVISIONS
SHEET 3 OF 3 SHEETS
'iv', IIgIHX3
0 0 .
— R/W
D=164'46'45"
R= 4.00'
A=11.50'
DED44P
Or
BLOCK
LEGEND:
----•-
P.B.
PG.
R
DENOTES CENTER LINE
DENOTES MONUMENT LINE
DENOTES PLAT BOOK
DENOTES PAGE
DENOTES RADIUS
DENOTES CENTRAL ANGLE OR DELTA
DENOTES ARC DISTANCE
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
MIAMI BLOCK 8I6S, ( B - 4 1 )
0
0
NOO' 13' 15 "W-350.00'
0 ,oCS
-r
h'
4)
N00' 13' 15 "W-350.00'
PROPOSED PARK
(3,100 sq.ff.)
N
R/W
cri
SOUTH MIAMI A VENUE
N00' 13' 15 "W-575.76'
C T \16 00'62
WEST LINE OF TRACT 'A"
TRACT 'A"
BRICKELL FLATIRON
(P. B. 168, PG. 64)
4:4Sr
O
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Sopoo���,8.
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,---Se%ZaTEL/2E-e---S/ZKJK12 AoeiaLZ£.1, ffne.
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010
199607 FAX No. (954)438-3288
ORDER NO. PREPARED UNDER MY SUPERVISION:
DATE: FEBRUARY 8, 2011
THIS !S NOT A " BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. LB-87
MARK STEVEN JOHNSON SEC'Y & TREAS.
FLORIDA PROFESSIONAL LAND SURVEYOR No, 4775
REVISIONS
P.O.C.
THE MOST
NORTHEAST CORNER
OF TRACT 'A"
SCALE 1 "=40'
SHEET 2 OF 3 SHEETS
S89'57'05'E-7�
Ownership Structure
Brickell Flat Iron LLC
Brickell Flat Iron,
LLC
Brickell Investment
Corp.
90%
CVS Investments
Limited
100%
Carlo Salvi
100%
Regents Park Equity LLC
10%
Mallory Kauderer
100%
«g„ ijgIgxi
1111111111111111111111111111111111I 1111111111
Prepared by:
Alfred I. Hopkins, Esq.
Pertnoy, Solowsky & Allen. P.A.
150 W. Flagler Street, Suite 2000
Miami, Florida 33130
Tax Folio Nos.: 01-0207-030-1020, 01-0207-030-1030,
01-0208-070-1010,01-0208-070-1020
Record and Return To:
Chava E. Genet, Esq.
Stearns Weaver Miller, etal.
150 West Flagier Street, Suite 2200
Miami, .Florida 33130
WARRANTY DEED
CFN 2O05RO2238 59
OR Bk 23143 Pss 2108 - 2109; (2Pss
RECORDED 03/07/2005 16:00:54
DEED DOC TAX 84.000.00
SURTAX 63.000.00
HARVEY F:UVIN. CLERK OF COURT
MIAMI-DADE CDUNTY+ FLORIDA
rc
THIS WARRANTY DEED made this day of March, 2005, between MIAMI
FLATIRON PARTNERS, LLC, a Florida limited liability company ("Grantor"), the post office
address of which is 1000 Brickell Ave., #710, Miami, Florida 33131 and BRICKELL
FLATIRON LLC, a Delaware limited liability company ("Grantee"), the post office address
of which is 5700 Collins Avenue, Suite 16M, Miami Beach, Florida 33140:
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable considerations paid by Grantee, receipt whereof is hereby
acknowledged, has granted, bargained and sold to Grantee, his successors and assigns
forever, those certain parcels of real property situate in Miami -Dade County, Florida and
described as follows:
Lots 3, 4, 5 and 6, in Block 73, SOUTH, MAP OF MIAMI,
according to the plat thereof recorded in Plat Book B at
Page 41 of the Public Records of Miami -Dade County,
Florida; and
All of Block 87, SOUTH, LESS the West Five Feet thereof,
MAP OF MIAMI, according to the Plat thereof, as recorded
in Plat Book B, Page 41, Public Records of Miami -Dade
County, Florida. Also described as: All of Block 87, less
the West Five Feet thereof, of SOUTH CITY OF MIAMI,
according to the Plat thereof recorded in Plat Book "B", at
Page 41, of the Public Records of Miami -Dade County,
Florida;
together with all of the tenements, hereditaments and appurtenances thereunto belonging
or in anywise appertaining, to have and to hold the same in fee simple forever.
Grantor hereby represents unto Grantee that Grantor is lawfully seized of said
land in fee simple, and that Grantor has good right and lawful authority to sell and convey
said land; and Grantor hereby warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever, subject, however, to the following:
Book23143/Page2108 CFN#20050223859 Page 1 of 2
OR BK 23143 PG 2109
LAST PAGE
1. Real property taxes for the year 2005 and subsequent years; and
2. Restrictions, dedications and easements as shown on the Plat of Map of
Miami, recorded in Plat Book B at Page 41 of the Public Records of
Miami -Dade County, Florida.
IN WITNESS WHEREOF, this Warranty Deed has been executed the day and
year first above written.
Signed, sealed and delivered in the
presence of: Florida limited liability company
By:
17 AZ'
(Printed name of witnes )
(Printed name of wit ss)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MIAMI FLATIRON PARTNERS, LLC, a
JA`r`5f1'LOWSKY, Manager
ACKNOWLEDGMFRT
The foregoing Warranty Deed was acknowledged before me this rd day of
March, 2005, by Jay Solowsky, as Manager of MIAMI FLATIRON PARTNERS, LLC,
above, on behalf of the limited liability company, who :
Commission expires:
M:\Maln\Flallron\Deed - b.wpd
is personally known to me; or
produced for identification Florida Driver's License No.
NOTY PUBLIC, State of Florida
Print Name:
PATRICIA L MOORE
MY COMMISSION f DD 376512
EXPIRES: December 2, 2008
Boded MN Nobly Pie* Underwrite
Book23143/Page2109 CFN#20050223859
Page 2 of 2
CITY OFMLAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMIT i'ED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
HOME ADDRESS:
CITY:
(First Name)
(Middle) (Last Name)
(Address Line 1)
(Address Line 2)
STATE: Florida GIP:
HOME PHONE: CELL PHONE: FAX:
EMAIL:
BUSSINESS or APPLICANT or ENTITY NAME
Brickell Flatiron LLC
BUSINESS ADDRESS: 300 NE 71st Street
(Address Line 1)
Miami, Florida 33138
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Approval of a substantial amendment to the previously approved Brickell Flatiron MUSP.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
,support or withhold objection to the requested approval, relief or action?
El YES ® NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is 'Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
3oc. No.:86543
Ibc
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a. n/a
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
nla
5. Describe what is being requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
Signature
Print Name
t1
Sworn to and subscribed before me this t� - day of i2 , 200tf,) . The foregoing
instrument was aclazowledged before me by i 1 /9 IL O k Lj e6-w Eat , who has produced
as identification and/or is personally known to me and
who did/did not take an oath.
STATE OF FLORIDA
CITY OF MIAMI
MY COMMISSION Notary
EXPIRES: D
R fiViS
Florida
Y ' • ✓
Print Name
Enclosure(s)
No.:86543
nue blic Mato of
r� °; V R Davis
e My Comon DD586727
„�n�A F�cnires()missi$�2Ol20I� Pa e2
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This is a 'Boundary Sur.Ay"
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CER1I1CASE OF NBM01874707 .a LB 87
MOIL 4007000 UM OS Of WPM 4 MOO
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RECORDED /N PLAT BOCK 16.9 AT PACE 64 OF THE PUBLIC RECORDS OE M/441-OADE COUNTY,
FLORIDA
ALL LYING AND BEING IN SECTION J9. TOWNSHIP 54 SOUTH, RANCE /1 EAST, CITY OF wpm.
MUM?-0A0E COUNTY. FLORIDA
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