Loading...
HomeMy WebLinkAboutPZAB 10-16-13 Supporting DocsPZAB.6 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 13-00865zc Quasi -Judicial 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 "T4-R" GENERAL URBAN ZONE - RESTRICTED TO "T4-L" GENERAL URBAN ZONE - LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 180 NE 50th Street [Commissioner Michelle Spence -Jones - District 5] Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. 200 S Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 This will change the above property from "T4-R" to "T4-L". Item includes a covenant. Denial. See supporting documentation. Continued on September 18, 2013 ANALYSIS FOR ZONING CHANGE Approximately at 180 NE 50 St. FILE ID No. 13-00865zc Pursuant to Article 5 and 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: The request is to change the zoning classifications for three parcels from T4-R "General -Urban Transect Zone - Restricted" to T4-L "General -Urban Transect Zone - Limited". The subject properties are located within the Little Haiti NET area, and consist of one interior parcel of approximately 0.158 acres; located on the south side of NE 50th Street, approximately one hundred feet away from NE 2nd Avenue (Complete legal description is on file with the Hearing Boards Section). Review and analysis of the proposed application finds that: • This request does not affect the density in the subject property but the uses allowed may increase the degree of intensity. • This request does need a companion item for land use change to the subject parcel from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial", to comply with the Miami Comprehensive Neighborhood Plan (MCNP). • Even though the proposal technically involves an extension of an existing transect boundary, the practical effect will be an intrusion of commercial uses into a well establish residential transect zone. • A zoning change for the subject property, as proposed, may set a negative precedent and create a "domino effect" in regards to future zoning change applications. Based on the aforementioned findings, the Planning Department recommends for the application denial as presented. Yes No N/A. Analysis for ZONING CHANGE File ID: 13-00865zc 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. MIAMI 21 MAP (EXISTING) NE 52ND ST J a w z I NE NE 50TH TER 0 F-, ri z T3-L T4-L NE 50TH ST NE 49TH sr T3-O Buena Vista East T4=0 � �____ NE 48TH ST a F- N ,w \JZ NE 47TH ST 150 300 F- w F- CO w J 600 Feet T4-L NE 2ND AV ■ T5-0� T5-R NE 2ND CT Little Haiti French Creole Design Standards T3i L NE 48TH TER NE 48TH ST ADDRESS:180 NE 50 ST l J a 2 2 w z MIAMI 21 MAP (PROPOSED) NE: 151ST[STi NE 50TH TER J C. 4 W z a I-, u, TI IJJ z T3-L T4-L NE 50TH ST T4-R 4-L NE49THST T3-O NE 2ND AV Buena Vista East E T T4=0- , �--, HST - ;a i 1- ~ ,V y W NE 47TH ST z T4-L T5-R T3i L NE 2ND CT Little Haiti French Creole esign Standards NE 48TH TER NE 48TH ST 0 150 300 600 Feet ADDRESS:180 NE 50 ST 0 150 300 I 1 1 I 600 Feet ADDRESS:180 NE 50 ST BERCOW RADELL & FERNAN DEZ ZONING, ILA NM USE ANC ENVIRONMENTAL LAW Direct: 305-377-6237 E-Mail: BFernandez@BRZoningLaw.com VIA HAND DELIVERY July, 17, 2013 Mr. Anel Rodriguez City of Miami Hearing Boards 444 SW 21,d Ave 3rd Floor Miami, FL 33130 RE: Douglas Gardens Holding Corp., 180 NE 50th Street Miami, Florida Application for a Comprehensive Neighborhood Plan Amendment and an Amendment to the Zoning Atlas Dear Mr: Rodriguez This law firm represents Douglas Gardens Holding Corp., (the "Applicant") with respect to the enclosed application for a Comprehensive Neighborhood Plan Amendment and an Amendment to the Zoning Atlas. This letter shall serve as the applicant's letter of intent in support of the enclosed applications. Please contact me should you have any questions regarding this application. Thank you for your attention to this matter. Sinc y, Ben Fernandez BF/bl Enclosures SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COIVI REZONING APPLICATION RECEIVED PLANNING DEPARTMEN PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION ll���� 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416t �3' PL 18 PM 4: 38 www.miamiqov.com/hearing 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'/2x11 ") 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. Rcv. 07-20 12 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 Douglas Gardens Holding Corp. 2. Subject property address(es) and folio number(s): 180 NE 50th Street (01-3124-015-0490) 3. Present zoning designation(s): T4-R 4. Proposed zoning designation(s): T4-L 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) 8Y2x11 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. 17. What is the acreage of the project/property site? ±0.158 Acres 18. What is the purpose of this application/nature of proposed use? To allow a mixed use Rev. 07-2012 3 This instrument was prepared by: Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2013 , by Douglas Gardens Holding Corp. (hereinafter referred to as the "Owner"), 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 Owner is desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be PZAB.6 File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 13-00865zc Quasi -Judicial 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 "T4-R" GENERAL URBAN ZONE - RESTRICTED TO "T4-L" GENERAL URBAN ZONE - LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 180 NE 50th Street [Commissioner Michelle Spence -Jones - District 5] Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. 200 S Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 This will change the above property from "T4-R" to "T4-L". Item includes a covenant. Denial. See supporting documentation. Planning, Zoning and Appeals Board: Continued on September 18, 2013 ANALYSIS FOR ZONING CHANGE Approximately at 180 NE 50 St. FILE ID No. 13-00865zc Pursuant to Article 5 and 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: The request is to change the zoning classifications for three parcels from T4-R "General -Urban Transect Zone - Restricted" to T4-L "General -Urban Transect Zone - Limited". The subject properties are located within the Little Haiti NET area, and consist of one interior parcel of approximately 0.158 acres; located on the south side of NE 50th Street, approximately one hundred feet away from NE 2nd Avenue (Complete legal description is on file with the Hearing Boards Section). Review and analysis of the proposed application finds that: • This request does not affect the density in the subject property but the uses allowed may increase the degree of intensity. • This request does need a companion item for land use change to the subject parcel from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial", to comply with the Miami Comprehensive Neighborhood Plan (MCNP), • Even though the proposal technically involves an extension of an existing transect boundary, the practical effect will be an intrusion of commercial uses into a well establish residential transect zone. • A zoning change for the subject property, as proposed, may set a negative precedent and create a "domino effect" in regards to future zoning change applications. Based on the aforementioned findings, the Planning Department recommends for the application denial as presented. Analysis for ZONING CHANGE File ID: 13-00865zc Yes No N/A. ❑ ® ❑ 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. n ® ❑ 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. 7] ® [ g) Changed or changing conditions make the passage of the proposed change necessary. ❑ ® n 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. ❑ ® 7 m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ❑ ® f l 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. n ® ❑ 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. MIAMI 21 MAP (EXISTING) NE 50TH TER NE 47TH ST 150 300 NE 52ND ST T4-L E 50TH ST T4-R 4-R NE 49TH sr T3-O 600 Feet 1TF. z N W Little Haiti French Creole esign Standards NE 48TH TER NE 48TH ST ADDRESS:180 NE 50 ST MIAMI 21 MAP (PROPOSED) NE MIAMI PL NE,52ND,ST 1- NE NE 50TH TER 51ST-STr J a 2 44 I— w z T3-L Buena Vista East 1---• NE 48TH Sr i 1- rn w z T4-L NE 50TH ST 11111 NE 49TH ST T3-O NE 2ND AV w z NE 47TH ST ,v 1- z T4-L J ■ I 150 300 600 Feet i I ► I T NE 2ND CT Little Haiti French Creole esign Standards 5-R NE150TH'ST ' T3i L NE 48TH TER NE 48TH ST u ADDRESS:180 NE 50 ST o 150 mm / ' / / | ADDREGG180NE50GT 1710 BERCOW RADELL & FERNAN DEZ ZONING, LAND USE ANC ENVIRONMENTAL LAW Direct: 305-377-6237 E-Mail: BFernandez@BRZoningLaw.com VIA HAND DELIVERY July, 17, 2013 Mr. Anel Rodriguez City of Miami Hearing Boards 444 SW 2116 Ave 3rd Floor Miami, FL 33130 RE: Douglas Gardens Holding Corp., 180 NE 50t1, Street Miami, Florida Application for a Comprehensive Neighborhood Plan Amendment and an Amendment to the Zoning Atlas Dear Mr: Rodriguez This law firm represents Douglas Gardens Holding Corp., (the "Applicant") with respect to the enclosed application for a Comprehensive Neighborhood Plan Amendment and an Amendment to the Zoning Atlas. This letter shall serve as the applicant's letter of intent in support of the enclosed applications. Please contact me should you have any questions regarding this application. Thank you for your attention to this matter. Sinc - y, Ben Fernandez BF/bl Enclosures SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM REZONING APPLICATION RECE,VE D PLANNING DEPARTMEN PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416ZEML 18 PM 4: 38 www.miamigov.com/hearing 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 (8Y2x11") 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. Rcv. 07-2012 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 Douglas Gardens Holding Corp. 2. Subject property address(es) and folio number(s): 180 NE 50th Street (01-3124-015-0490) 3. Present zoning designation(s): T4-R 4. Proposed zoning designation(s): T4-L 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) 8Y2x11 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 Tess 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. 17. What is the acreage of the project/property site? ±0.158 Acres 18. What is the purpose of this application/nature of proposed use? To allow a mixed use Rcv. 12 REZONING APPLICATION 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: Or. Planning, Zoning and Appeals Board 20 minutes and/or ❑ City Commission 2.0 d1; ( t 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 fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $ , 001�.00, shall in the form of a certified check, cashier's check, or money order. Signature Name Ben Fernandez E Telephone 305-377-6235 Address 200S. Biscayne Blvd., Suite 850 Miami, FL 33131 E-mail BFernandezCa�BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 19- day of July, 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 (Stamp) BETTY LLERENA MY COMMISSION # DD 560413 EXP114EB: Merl 5, 2014 Bonded Thru Notary public Underwriters Rev. 07-2012 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, ❑ 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 App lcant(s) Signature 1( STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this l9" day of July, 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 (Stamp) Si MY COMMISSION # DD 960413 EX> 3:M th5,2014 ndetf Thro NuINY Public Underwriters Rcv. 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) Percentage of Ownership Subject Property Address(es) Douglas Gardens Holding Corp. Nicholas Brocherie (100%) 180 NE 50th Street (01-3124-015-0490); 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): 4920 NE 2nd Avenue (01-3124-015-0700) 4930 NE 2nd Avenue (01-3124-015-0480) 4940 NE 2nd Avenue (01-3124-015-0470) Ben Fernandez, Esq. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Lot 27, less the East 10 feet of Block 3, of BELLEAIRE Subdivision, according to the plat thereof as recorded in Plat Book 6, at Page 64, of the Public records of Miami - Dade County, Florida. Lot 2, Less the East 10 feet of Block 3, of BELLEAIRE Subdivision, according to the plat thereof as recorded in Plat Book 6, at Page 64, of the Public records of Miami - Dade County, Florida. Lot 1, Less the East 10 feet of Block 3, of BELLEAIRE Subdivision, according to the plat thereof as recorded in Plat Book 6, at Page 64, of the Public records of Miami - Dade y, Florida. er(s) or Attorn y Sig r ture The foregoing was acknowledged before me this � Si' g g 9 day of July, 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 t1ERENA MY COMMISSION # DD 6660413 EXPNIE•.... nndeM Um is Meat Notary Public Underwriters Si natur Rcv.07-2012 Ben Fernandez, Esq., on behalf of Douglas Gardens Holding Corp. 180 NE 50th Street (01-3124-015-0490) Analysis pursuant to Miami 21 article 7.1 The property is adjacent to the land that is designated major institutional, public facilities transportation and utilities as well as lands designated Medium density multifamily residential and restricted commercial. Attached are photographs of building elevations of both sides of the NE 2nd Avenue corridor extending 300 feet from the property. The proposed zoning change from T4-R to T4-L is necessary in order to allow the property to be developed in conjunction with the abutting property to the east in a manner that permits mixed use development and shared parking. The intensity of development on the property would be unchanged by the zoning change approval. Accordingly; there should be no impact on abutting and adjacent properties as a result of the approval of this application. This instrument was prepared by: Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2013 , by Douglas Gardens Holding Corp. (hereinafter referred to as the "Owner"), 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 Owner is desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owner voluntarily covenants and agrees 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 Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: A. The only T4-L uses permitted on the property shall be residential uses and parking to serve the residential uses, as well as commercial parking to serve the abutting T4-L Tots to the east. B. All required side setback areas shall be heavily landscaped. 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 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. 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. 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 Zoning Board 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 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. Recording. 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 will be furnished a recorded copy by the Owners. [Signature Pages to Follow] ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2013. Witnesses: Douglas Gardens Holding Corp. Signature Print Name Signature Print Name STATE OF COUNTY OF By: Title: Address: The foregoing instrument was acknowledged before me by the of Douglas Gardens Holding Corp. , on behalf of the corporation. He is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of 2013, in the County and State aforesaid. Notary Public State of My Commission Expires: Print Name Exhibit A Legal Description Lot 3, Block 3, of BELLEAIRE Subdivision, according to the plat thereof as recorded in Plat Book 6, at Page 64, of the Public records of Miami -Dade County, Florida. Context Plan for 180 NE 50th Street Exhibit A Legal Description Lot 3, Block 3, of BELLEAIRE Subdivision, according to the plat thereof as recorded in Plat Book 6, at Page 64, of the Public records of Miami -Dade County, Florida. CITY OFMIAMI c oa • DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED 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: Ben Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 FAX: (305) 377-6222 EMAIL: BFernandez@BRZoningLaw.com BUSSINESS or APPLICANT or ENTITY NAME Douglas Gardens Holding Corp. BUSINESS ADDRESS: 5200 NE 2nd Avenue (Address Line 1) Miami, FL 33137 (Address Line 2) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning of the property located at 180 NE 50th Street, Miami, Florida. LcAAJ\ "c1 f -1 t tc2Ak3 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? YES 0 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. Doc. No.:86543 D 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. N/A c. N/A * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A N/A 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 ard(s until expiratn O a period of one year after the nullification of the applicati or or r. PERSON SUBMITTING DISCLOSURE: Ben Fernandez Shorn to and subscribed before me this instrunnint 1Pac acknourlecfged Wore me by STATE OF FLORIDA CITY OF MIAMI MY CON,IM1S. 19 EXPIRES: ''\lt61 [nclosure(sl oc. Nn. •R(Sdi Print Name The ,foregoing who has produced as identification and or is personally known to me and rn did 'did not take an oath. :+ MY OOMM188ION # ©0 860413 EXPWEBonged Th' %fah 5. 4014 Notary Public Undreumi.... day of JV ti Page 2 REFc 19704 PG. 1541 This Instrument Prepared By; Brian A. ivtaloof, Esq. 9190 Sunset Drive Miami, Florida 33173 (305) 596-5202 Folio Numbcr(s): 01 312 40150490 Grantee's S.S. at: G 1FR292974 2001 JUH 06 14t03 DDCSTPDEE 731.40 SURTX C0.00 HARVEY RUVIH, CLERK DADE COUNTY, FL WARRA1%1Tx DREQ THIS INDENTURE, made this 5th day of Jane, 2001, between Linde Christal Neal, a married woman, joined by spouse, Harold Neal, of the County of Miami -Dade, State of Florida, grantor, whose post ekes address is 255 N.W. 97 Street, Miami. FL 33150, and Douglas Gardens Holding Corp„ Inc., a Florida not -for -profit corporation , whose port office address in 3200 N.E. 2nd Avenue, Miami, FL 33137, of the County of Miami -Dario, State QI Florida, grantee', WITNFRSECH.'fhat *aid grantor, for and in consideration of the sum of TEN ($10.00) DOLT ARS, and other good and valuable considerations to aid grantor at hand paid by taid grantee, the receipt whereof is hereby seknovieelpel, has granted, bargained and 341 to said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miatni•Dade County, Florida, to -wit: Lot 3, Block 3, BELI AIRE SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, at Page 2d, of the Public Records of Miami - Dada County, Florida. SUBJECT TO: (1) Taxes for the yras Z001 and subscgtcnt years. (2) Zoning and other governmental regulatiow. (3) Easements. restrictions, condition: and lnstitations of record, if any, without reimposing the same by this recitation. and said grantor dnaa hereby fully warrant the title to said land, and will defend tho same against the lawful claims of all persons whomsoever. "Granter" and 'grantee` are used for singular or plural, as context requires. IN WTT'NESS WHEREOF, Grantor has hereunto set grantor's hind and seal the day and year first above written. Signed, sealed and delivered In OUT presence: (as to both signatures) feted Na�mc A LK �T L. t7•zm4r,I amc:,A L t`S PCNI REC 19704 Pc 1542 STATE OF FLORIDA )SS: COUNTY OF MIAMI-DARE ) i HEREBY CERTIFY that en this day before mt, en officer duly qualified to administer oaths and to take enkslowiedgements,personally appeared Linda Christah Neal and Harold Neal, to me personally known or wtto presented PL t v iL,tf.ci& o as identification, and who, upon being duly sworn, executed the forsgoies instrument and acknowledged before that they enecuted the tame. -01 WITNESS my hand and official seal in the me end State tin aforesaid " day of Juno, 2001. My Commission fires. mil AKY P IMLJC SCATS of FLORIDA CUMMKSION NO CC733906 my COMM EXP. MAY 6.20(1Z NO PUB G State of P '. ed Name: 404 tta tiA, .-o AECCRCtDHECCPLLS 8(X" D` DABS CdJvrr. Fd ice. RECORD vFR,rr£D HARVEY RUVIN cier e( ae.oenr ccxmr Aplicanf'farttte,- A�t'e�/ti.� 2�,( plicant Email Address ING REFERRAL 20,t) (6 C O Sd-vee t Project Street Address / R Transect Zone Lv1 Date ❑ Pre -Application Meeting ❑ Assisted Living Facility ❑ Principal Frontage ❑ Other: \-).( (-3 0\ -31).w cD1S'049 0 Folio Number Applicant Phone Number TO BE COMPLETED BY THE OFFICE OF ZONING /4e) e ".449/, /C-? "' 20714jje A 4: i ) /' 2. 8 (�) Type of Per rr�i equested — Cod �t , Section 77-.2 71e, Summary of Reque Referral is CITY OF MIA NII OFFICE OF ZONING Ph: 305-416-1499 a ! SW end Ave 44 Floor Miami, FL 33130 ww\v miamigov corn/zoning o, PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING RE -ZONING 180 NE 50 Street 180 NE 50 STREET PR-13-082 ZONING DESIGNATION:T4-R NET DISTRICT: UPPER EASTSIDE 7.18.13 The project is subject to review and compliance with the requirements of all City departments, as applicable. The following comments were generated based the Pre -application meeting of July 17, 2013 and are intended to assist and expedite permit applications based on the applicant's voluntary modifications of the project / plans suggested herein. This application has been reviewed for the following permit: o Re -zoning, pursuant to Article 7, Section 7.1.2.8 (a) (3) and (c) (1) allows the request of a zoning change from T4-R to T4-L. The following comments should be addressed: 1. No Comment Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. ABBREVIATIONS: SWK=SIDEVJLLK CBS=CONCRETE BLOCK STRUCTURE, CLF=CHAIN LINK FENCE, PL=PROPERTY UNE, DUE=DRAINAGE UTILnY EASEM ENT, IP=IRON RIFE. F=FOUND, NC=AIR CONDmONER PAD. P/C=PROPERTY CORNER. 0/H=DRILLED HOLE, WIF.8000EN FENCE. RES=RESIDENCE, CL-CLEAR. RB=REBAR. UE=UTIUri EASEMENT. CONC=COI4CR.ETE SLAS. RAWRIGHT OF W6 DE=DRAINAGE EASEMENT.. C/L=CENTER LINE. O=OIAMTER, TYP=TYPICAL, 1.1=MEASURED. R=RECORDED. ENCR=ENCROACHMENT, COMP=COMPUTER, ASH=ASPHALT. WO=NAIL 8 DISC, S=SET, FEE=FINISH FLOOR ELEVATION. Ol5=OFFSET. PM=POWER POLE.OHP=OVERHEAD POWERLINE. MAMMA TER METER WOOD FENCE= MASONR. VALL-I I I I t I I I I I ELEVATION BASED ON LOC. # NOT VALID UNLESS EMBOSSED WITH SURVEYOR'S SEAL • TIP MAINTENANCE 8 DRAINAGE EASEMENT=M 80.E. 'Li IVl7f ELV. TYPE OF SURVEY: BOUNDARY SURVEY SURVEYOR'S NOTES: 1) OWNERSHIP SUBJECT TO OPINION OF TITLE. 2) NOT VALID WITHOUT THE SIGNATURE • AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3) THE SURVEY DEPICTED HERE IS NOT :;. COVERED BY PROFESSIONAL LIABILITY INSURANCE. 4) LEGAL DESCRIPTION PROVIDED BY CLIENT 5) UNDERGROUND ENCROACHMENTS NOT LOCATED. 6) ELEVATIONS ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 7) OWNERSHIP OF FENCES ARE UNKNOWN. 8) THERE MAY BE ADDITIONAL RESTRICTIONS NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 9) CONTACT THE APPROPRIATE AUTHORITY PRIOR TO ANY DESIGN WORK FOR BUILDING AND ZONING INFORMATION. 10) EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING THIS PROPERTY. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. BEARINGS WHEN SHOWN ARE REFERRED TO AN ASSUMED VALUE OF 5i1iL1 HB 6 PAGE 24 �'- REVISED: LOCATION SKETCH SCALE: NTS N.E. 2nd AVENUE Property Address: 180 N.E. 50th St., Miami, FL. 33137. Certified To: 49 Station, LLC, a Florida limited liability company; Evergreen Overseas Holdings, Inc.; Eric J. Grabois, P.L.; Old Republic National Title Insurance Company. LEGAL DESCRIPTION: LOT OF BELLEAIRE 3 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 AT PAGE 24 OF THE PUBLIC RECORDS MIAMI—DADE COUNTY FLORIDA BLOCK 3 SUBDIVISION 1 HEREBY CERTIFY That the survey represented thereon meets the minimum technical requirements adopted by the STATE OF FLORIDA Board of Land Surveyors pursuant to Section 472.027 Florida Statutes. 3L' There are no encroachments, overlaps, easements appearing on the plat or visible easements other than -.; as shown hereon. - ADIS N. NUNEZ REGISTERED LAND SURVEYOR STATE OF FLORIDA.#5924 5 SINCE 1987 BLANCO SURVEYORS INC. Engineers • Land Surveyors • Planners • LB # 0007059 555 NORTH SHORE DRIVE MIA MI BEACH, FL 33141 (305) 865.4200 Email: bloncosurveyorslnc@yahoo.ccm Fax: (305) 855-7810 FLOOD ZONE: X PANEL: 0304 DATE: 6/10/13 SCALE: 1" 20' SUFFIX: L COMMUNITY 000!. BY: F. Rlanto DATE: 9/11/09 BASE: N/A 120650 JOB No 13-478