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HomeMy WebLinkAboutSubmittal-Ben Fernandez 3Ruben Matz, Chocron, LLC, S &R Investments, LLC and Isaac Matz bi47; 5444 Biscayne Boulevard File ID 13-0086Iu & 13-0086zc PZAB 13 & 14 February 27, 2014 7 7 7 7'777S (777', 7"777% BERCOW RADELLL FER NAN DEZ LAPJC) 1-J3E ANIID ENIVIflQlPlrAL LAW from the desk of 2DarR Sovka 30 April 2012 City of Miami — Planning Department Historic Environmental & Preservation Board My name is Mark Soyka, and I live at 641 NE 57th Street in Morningside. I have reviewed Deal Lewisplans for the Commercial Center Project at 5445 & 5501 Biscayne Blvd., Miami 33137, and find the proposed work to be appropriate in use, design and scale. Therefore, I highly recommend that you approve the application, for the proposed project will make a wonderful and positive contribution to our unique neighborhood, most especially at its sits across the Boulevard from my Soyka restaurant. Thank you. Sincerely, Mar MS/ry C: Dean Lewis Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 City Clerk Dean Lewis DBLewis Architecture &Design l2ONEZ7mSt, Suite5OO Miami, FL331]7 Ruben Matz Chariff Realty Group 4141 NE 2—Ave SuiteIDO'8 Miami, Fi3}l]7 Subject: nNornnKsideCivic Association Support ofyNqrnin0sideCentre Development Dear Dean &Ruben, /ampleased toinform you both that onMay 8'Z0lZthe Boardcf Directors of the Morningside Civic Association (MCA) voted unanimously in support of the Morningside Centre development at NE 55 Ih St & Biscayne Boulevard, based upon the drawings and plans presented to us and the HEP Board conditions attached thereto. We are thrilled tosee this project come forward and wesincerely appreciate your seeking input from fellow xxomingsideneighbors prior topermitting. Feel free toshare this letter cfsupport with whomever you see fit. Best ofluck tnyou both and wewill look forward tothe groundbreaking. [c Board ofDirectors, kxorningsideCivic Association AdamDunohee President, k4nmingsideCivic Association Submitted into the public record inconnection with item P%.12&PZ-13on 02/27/14 City Clerk Dean Lewis DBLewis Architecture &Design lZ0NE37^'St, Suite 500 Miami, FL3]l37 Ruben Matz [hariffRealty Group 4141NEZ"dAve, Suite ZDO'B Miami, FL3]2]7 Subject: MomingsideCivic Association Support of MmmlngsideCentre Development Dear Dean &Ruben, The purpose of this letter to reaffirm the Civic As5ociadm/sunanimous support to the captioned project as stated in our correspondence dated May 10, 2012 and our continuing support as the project seeks harmonizing rezoning and land use changes before the Planning and Zoning Appeals Board this month, Should you need further assistance, please do not hesitate to contact me. Cc: Board of Directors, Morningside Civic Association ^� AdamDurohee President, Moming5|de[ivic Association Submitted into the public record inconnection with item PZ.12fkeZ.13on 02/37/14 OnvClerk CITY OF MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD 'HEPB RESOLUTION 2012-28 5/1/2012 A RESOLUTION ,OF THE ,HISTORIC .AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI, FLORIDA, TO APPROVE WITH 'CONDITIONS A CERTIFICATE OF APPROPRIATENESS FOR NEW 'CONSTRUCTION OF TWO COMMERCIAL BUILDINGS CONNECTED BY A PEDESTRIAN BRIDGE OVER NE 55TH STREET, AND THE RECONFIGURATION OF NE 55TH STREET AS A ROUNDABOUT WITH A FOUNTAIN LOCATED AT 5501 & 5445 BISCAYNE BLVD, MIMO HISTORIC DISTRICT CONSISTENT WITH THE CRITERIA SET FORTH IN CH 23 MIAMI CITY CODE ITEM NO. 10 - NEVVBUSINESCI: MOTION MADE BY GARY 4;CHT4SE -b171:E) FREEDMAN .k&7i • , VOTE LIST: l'.. I, t: ,, . p ,. !, i, r rYiE5 7 13 9,45? ; ,3RECUSED ABSENT MR WtLLIAM HOPPE.1,.‘q.iv!kmAN — 't ::., ' ' .4- , ..EJ M0 R. GERALD MARSTO,NN!icE,p-IA ' '= e' MK DAVID FREEDMAN''());:"; .:M: R GARY M. HECHT ':'; --. . S---; 0 ED NIS...- - N LEWIS .---. , , ' _ E 0 R. NELSON DIAZ 0 0 0 MR.JOGEKUPERMAN ROBERT GRABOSKI . MRHUGHRYAN TIMOTHY BARPER APPROVED WITH CONDITIONS 7 TO 0 CONDITIONS: 1. Approval is based on the package submitted on 4/18/2012. Any and all revisions to the designs of the buildings, including materials, landscaping, etc will require new HEPB approval. 2. Any and all revisions must be clearly stated in a scope of work including construction drawings. Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 ritv riarie D� An eight foot (g]concrete wall and omulti-|myar, luqhbuffer planting between the single family residences and commercial buildings shall consist e shade trees, palms and understory trees, as is possible. 4. Replace all missing palms within existing FDOTtree wells with new royal palms. 5. Remove existing FDDTcurb cuts tmproperties and odd new tree wells to match existing planters with new shade trees trimmed uphnfifteen feet (16')toallow retail visibility. G. The site's street tree requirement shall be satisfied by adding palms within small half-moon shape cut- outs on the private frontage line similar to other places on Biscayne Blvd. 7. Transplant all existing shade trees proposed for relocation onto 55m Street and 55m Terrace immediately adjacent tothe site within the yNorningoide neighborhood owa|os. 8. If the applicant cannot meet the complete street tree, landscape and mitigation requirement for the prupwrty, mitigation must be planted in the Biscayne Boulevard median at the rate of3 small palms per required tree. 3. All oiqnagawill bpreviewed separately ottime ofpermit, subject tozoning codes, historic guidelines and may require HEPBapproval, 10. Provide screening devices or sunshade features on some bays to break up the continuous horizontal hagode. 1 1� Consider breaking up the top windows with a pattern of colored g>aso, solid panels o,thick artistic angled mullions. This will also help toreduce heat gain facing westward, 12. Provide o conUandng ou|or, material or design for the pedestrian bridge to accentuate the entry and separate the buildings. 11 The roundabout must include ewater feature asshown orsculpture. 14 The existing MorninQsidenon-standard right'of-wmyimprovements ot55m Street and55,o Terrace shall be cleaned of all invasive species and any modifications to these will require tree mitigation and Public Works approval, 15. All the materials shall be clearly specified and detailed on Building plans as shown at HEPB. Submitted into the public record inconnection with item PZ.12fkPZ.13qn 02/27/24 City Clerk ALE0NDER AoAmG.PRESERVATION OFFICER T 'ummE.HOPPER, HE, -;-I:HA|Rm0m — - •Fnr-r— r 432 rr 1 i ________ : ..., t 3 2 i i=3 = ,, „.. !_......,. 3 3 . , 1, I .. i , 1 ' —13 .,,z3 — + ) 1 / / ' '..„ ," , 'T T. 1. 1- ___, 3. I. I ' \,...' MiMo Historic District , rt [LTIf±_„.. ,.1 '' ' 4 .1.„7J-Jr• . -: 4-4 I-1 ---- - 1 • : i• 7 -"' 1 .' ' L 1,. i ,,..„,,.L.,....1.4 ..1.....,...,-- i 1 ' t—L,1311 f r (f , . j L I 3: ' = : - -i. 4..„,i Nt st:rwms •'—'1--) 1,--1 ' ,.:1 .._.: - : ...---i DI .... - - , 1 . - - .' (-33, , , , r . J . i , I...,....' .---1 I f f j j ' 1 -I Submitted into the public record in connection with item PZ.12 & PZ.13 on QZ/22LL4 cif., This instrument was prepared by and after recordation return to: Name: Ben Fernandez, Esq. Address: Bercow & Radell, RA. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 5 ace reserved o Clerk DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2014 , by Ruben Matz, Chocron, LLC, S 84 R Investments, LLC, and Isaac Matz (hereinafter referred to as the "Owners"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to as the "CITY"). WITNESSETH WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance No. , for the property located at and being legally described as: (See attached exhibit "A"). WHEREAS, the Owners are desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 City Clerk NOW THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owners hereby make the following voluntary declarations running with the land concerning the use of the Property: A, The only T4-O uses permitted on the Property shall be residential uses allowed as a matter of right and as the term "residential uses" is defined by Section 1.1 (a) of the Miami 21 Code and parking to serve the residential uses, as well as commercial parking to serve the abutting T4-O lots to the west. B. There shall be no vehicular ingress from or egress to the T-3R area to the north and the east from the Property. C. A minimum twenty foot (20') set back shall be provided from the property's east property line. Landscaping within this setback area shall include shade trees. Written approval of the landscape plan shall be required by the Planning Department prior to issuance of a building permit. The Owners will maintain all landscaping in a viable condition ,at their own expense ,for the term of this Covenant. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 City Clerk shall be binding upon Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this instrument. Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Section 5. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owners of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Planning and Zoning Board Appeals Board and/ or City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 6. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 City Clerk fees. This enforcement provision shall be in addition to any other remedies available under the law. The award of attorney's fees to a prevailing party shall not be used or enforced against the City of Miami. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 8. Recordinq This Declaration shall be filed of record among -the This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners, and the City of Miami Planning and Zoning Director will be furnished a recorded copy by the Owners within thirty (30) days of this Declaration being recorded. [Signature Pages to Follow] Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 City Clerk ACKNOWLEDGMENT INDIVIDUAL Signed, witnessed, executed and acknowledged on this day of , 2014. Witnesses: Signature Print Name Signature Print Name STATE OF COUNTY OF Ruben Matz Address: The foregoing instrument was acknowledged before me by Ruben Matz. He is 0 personally known to me or has produced , as identification. Witness my signature and official seal this day of 2014, in the County and State aforesaid. My Commission Expires: Notary Public State of Print Name Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 City Clerk ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2014. Witnesses: Chocron, LLC Signature Print Name Signature Print Name STATE OF COUNTY OF By: Title: Address: The foregoing instrument was acknowledged before me by the of Chocron, LLC, on behalf of the corporation. He is 0 personally known to me or t:1 has produced , as identification. Witness my signature and official seal this day of 2014, in the County and State aforesaid. My Commission Expires: Notary Public State of Print Name Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 City Clerk ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2014. Witnesses: S & R Investments, LLC Signature Print Name Signature Print Name STATE OF COUNTY OF By: Title: Address: The foregoing instrument was acknowledged before me by the of S & R Investments, LLC, on behalf of the corporation. He is D personally known to me or LJ has produced , as identification. Witness my signature and official seal this day of 2014, in the County and State aforesaid. My Commission Expires: Notary Public State of Print Name Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 City Clerk ACKNOWLEDGMENT INDIVIDUAL Signed, witnessed, executed and acknowledged on this day of , 2014. Witnesses: Signature Print Name Signature Print Name Isaac Matz Address: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by Isaac Matz. He is personally known to me or 1:1 has produced , as identification. Witness my signature and official seal this day of 2014, in the County and State aforesaid. My Commission Expires: NotaryPublic State of Print Name Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27114 City Clerk Exhibit A Address: 5445 Biscayne Boulevard Folio Number: 01-3128-028-0500 LEGAL DESCRIPTION: THE WEST 40.00 FEET OF LOT 52 OF BAY5110Re PLAZA, RECORDED IN PLAT BOOK 39, AT PAGE 5 I , OF THE PUBLIC OF MIAM1-DADE COUNTY, FLORIDA Submitted into the public record in connection with item PZ.12 & PZ.13 on 02/27/14 City Clerk