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