HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoCity of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS FOR
ZONING CHANGE
FILE ID: 14-00727zc
APPLICANT: Ben Fernandez, Esq. on behalf of DJ2014, LLC
LOCATION 5900 Biscayne Blvd. and 5907 NE 5th Avenue.
NET OFFICE: Upper East Side
COMMISSION DISTRICT: District 5
GENERAL INFORMATION:
REQUEST: Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended,
the applicant is requesting a change of zoning for two (2) parcels identified as follows: parcel
one (1) located at 5900 Biscayne Boulevard, zoned T5-L "Urban Transect Zone - Limited" to T4-
0 "General Urban Transect Zone - Open" and parcel two (2) located at 5907 NE 5 Avenue, zoned
T3-L "Sub -Urban Zone - Limited" to T4-O "General Urban Transect Zone - Open".
The subject parcels are located within the Upper Eastside NET area. Parcel (1) is located in the
MiMo Historic District and parcel (2) is located within the Palm Grove Historic District. The parcels
are two corner lots with an approximate combined area of 0.385 acres. Situated on the north side
of NE 59. Street between NE 5. Avenue and Biscayne Blvd. (Complete legal description is on file
with the Hearing Boards Section).
Parcel #1
14-00727zc
Page 1 of 7
Table 1: Parcels 1 and 2. Characteristics.
Parcel #: 1 (Eastern parcel)
Parcel #: 2 (Western parcel)
Folio Number
01-3218-031-0280
01-3218-031-0120
Address
5900 Biscayne Blvd.
5907 NE 5t" Avenue
Lot size
Current Zoning
Designation
T5-L (Urban Center Transect
Zone - Limited)
T3-L (Sub -Urban Transect
Zone - Limited)
Proposed Zoning
Designation
T4-0 (General Urban
Transect Zone - Open)
T4-0 (General Urban
Transect Zone - Open)
Current Future Land Use
category / Density
Restricted Commercial
65 DU/acre
Single Family Residential
9 DU/acre
Required Future Land Use
category / Density
Low Density Restricted
Commercial
36 DU/acre
Low Density Restricted
Commercial
36 DU/acre
Amendment to the FLUM
Not Required
Required
Historic District
MiMo
Palm Grove
The subject properties are vacant; hence there are no contributing building to the historic districts
where they belong, however each district has development conditions to be observed by any
future development
BACKGROUND
The subject site contains two existing legally platted vacant lots. Under Zoning Ordinance
11000, Parcel 1, was designated Office"O" classification with an SD-9 overlay, which allowed
150 DU/acre, upon the adoption of Miami 21 Code on April 2010, the parcel was rezoned T5-
L Urban Transect Zone limited which allows 65 DU/acre.
Parcel 2, under Zoning Ordinance 11000 was designated with R-3 "Multifamily Medium -
Density Residential" zoning classification, which allowed 65 DU/acre, upon the adoption of
Miami 21 Code, on April 2010, was rezoned to T3-L Transect Zone which allows 9 DU/acre.
The applicant is currently seeking a change of zoning to T4-0 for parcels (1) and (2). The
applicant plans to develop a furniture showroom and sales facility oriented towards Biscayne
Blvd.
14-00727zc
Page2of7
COMPREHENSIVE PLAN
Parcel 1:
Parcel 2:
The requested zoning designation of T4-O for Parcel 1 does not require
FLUM amendment, hence it is considered consistent with the current
Miami Comprehensive Neighborhood Plan (MCNP) designation of
Restricted Commercial.
However, the subject parcel is currently zoned T5-L which is consistent
with the zoning North to South along Biscayne Boulevard and NE 5th
Court.
The requested zoning designation of T4-O for Parcel 2 is inconsistent with
the current Miami Comprehensive Neighborhood Plan (MCNP)
designation of "Single -Family Residential", requiring a FLUM amendment,
as such, the applicant has submitted a companion item (14-007271u) with
the request to amend the land use designation from "Single -Family
Residential" to "Low Density Restricted Commercial".
The proposed FLUM designation will buffer the T3-L to the North from
the T5-O to the South of this parcel.
NEIGHBORHOOD CHARACTERISTICS
ZONING
Subject Properties
Parcel 1 T5-L: Urban Center Transect Zone -Limited
Parcel 2 T3-L: Sub -Urban Transect Zone -Limited
Surrounding Properties
NORTH: T5-L: Urban Center Transect Zone -Limited
(adjacent) MiMo
T3-L; Suburban Transect Zone -Limited
(adjacent) Palm Grove
SOUTH: T5-0; Urban Center Transect Zone -Open
(across NE 59 Street) Mlmo
EAST: T 4-0; Urban Transect Zone -Open
(Across Biscayne Blvd.) MiMo
WEST: T3-L; Suburban Transect Zone -Limited
(adjacent) Palm Grove
FUTURE LAND USE
DESIGNATION
Restricted Commercial
Maximum of 65 D.U. per acre
Single -Family Residential
Maximum of 9 D.U. per acre
Restricted Commercial
Maximum of 65 D.U./acre
Single -Family Residential
Maximum of 9 D.U./acre
Restricted Commercial
Maximum of 65 D.U./acre
Restricted Commercial
Maximum of 36 D.U./acre
Single -Family Residential
Maximum of 9 D.U./acre
14-00727zc
Page 3 of 7
ANALYSIS:
The application met the eligibility requirements of the City Code and Miami 21 to bring the
application before the Commission for review, thus the next step is to determine the
appropriateness of the rezoning request, and what recommendation makes the most sense to
yield the best result.
The existing condition for the property located approximately at 5907 NE 5th Ave. is a non -
sequential transect zone, with incompatibility between the T3-L to the west, and the abutting T5-
L to the east, and T5-O to the south. When these conditions exist, it is a good practice to
promote and introduce a transition or buffer between these areas.
The Planning and Zoning Department found that the proposal did quite a number of things
above and beyond providing proper development of the site. The proposed development
addressed parking conditions by introducing underground parking, provided adequate service
features of the site, and presented an adequate scale of the building, thus creating suitable
compatibility with both the Biscayne Boulevard (MiMo) portion of the site as well as the Palm
Grove portion of the site. The refinements proposed address many of the concerns of the
residents in the area, and ensure the project will be harmonious with the surrounding properties.
This is also important since the previous zoning designation, R3, allowed for up to a five -story
building as of right. Additionally, to further reinforce their commitment to address neighborhood
concerns, the applicant proffered a covenant whereby the development of the site will be limited
to further ensure compatibility with surrounding development.
The current proposal is for a two-story building with a residential component on Palm Grove
side of the project, with a 35-foot cap on building height within the MiMo District compatible with
the development along Biscayne Boulevard. These refinements of the proposal are found to be
harmonious with the character of the surrounding area and in keeping with the development
patterns of the adjacent properties.
The application as presented has merit to be considered given it is in compliance with Article 7,
Section 7.1.2.8 (c)(1) of Miami 21 Code, as amended, given that the request for rezoning of the
subject properties involve an extension of an existing Transect boundary.
The following is a review of the request pursuant to a rezoning criteria at Article 7, Section
7.1.2.8 (a)(3) & (f)(2) of Miami 21 Code, as amended. The Background section of this report is
hereby incorporated into the analysis and its corresponding criteria by reference.
Criteria:
For rezonings: A change may be made only to the next intensity Transect
Zone or by a Special Area Plan, and in a manner which maintains the
goals of the Miami 21 Code to preserve Neighborhoods and to provide
transitions in intensity and Building Heights.
Analysis: The application is currently seeking a change of zoning by up zoning the
western parcel and downzoning the eastern parcel.
Parcel 1 is a legally platted parcel located within the Bay Shore
Subdivision and the MiMo Historic District.
14-00727zc
Page 4 of 7
Finding:
Analysis:
Staff finds the proposed zoning request to be inconsistent with the goals of
the Miami 21 Code as the request is not compatible with the zoning
districts north to south along Biscayne Blvd.
Granting the request imply approving a downzoning which hasn't been the
city policy.
Rezoning the property to T4-O would result in eliminating uses currently
allowed by right to this specific parcel of the T5-L quadrant of the blocks
that serve the general area and adjacent neighborhoods.
The proposed rezoning is deemed inconsistent with the intent of the Miami
21 Code
Parcel 2 is a legally platted parcel located within the Bay Shore
Subdivision and the Palm Grove Historic District.
Staff finds the proposed rezone of Parcel 2 from T3-L to T4-O to be
successional and consistent with the goals of the Miami 21 Code as the
proposal is compatible with the surrounding zoning districts.
The rezoning of parcel 2 is proposed to support the development of the
parcel 1 to the east which faces Biscayne Boulevard, with a limited non -
intrusive development compatible with the character of NE 5th Avenue, as
specified in the voluntarily proffered covenant attached hereto.
Rezoning Parcel 2 to T4-O will allow the applicant to develop a low -scale,
compatible commercial development oriented towards Biscayne Blvd
consistent with Chapter 23 of the Code entitled MiMo.
Finding: The proposed rezoning is deemed consistent with the intent of the Miami
21 Code.
NEIGHBORHOOD SERVICES:
Net Office No Objection
Code Compliance No Objection
Building Required
Historic Preservation With recommendations pursuant to Exhibit A
Environmental Resources No Objection
CONCLUSION:
Parcel 1: The Department of Planning and Zoning recommends denial of the applicant's request
for a change of zoning from T5-L to T4-O. Such rezoning would result in a down -zone, which is
not a desirable precedent, and has not been the department's policy. The applicant has proffered
14-00727zc
Page5of7
development to a set of plans that shall require approval from the Office of Historic Preservation
and the Historic, Environmental and Preservation Board which have yet to review the plans as
proposed. Staff finds the zoning request is inconsistent with the goals of the Miami 21 Code as
the request is not compatible with the surrounding zoning districts nor provides an appropriate
zoning transition.
Parcel 2: The Department of Planning and Zoning recommends approval of the applicant's
request for a change of zoning.
Staff finds the zoning request is consistent with the goals of the Miami 21 Code as the request is
compatible with the surrounding zoning district and provides an appropriate zoning transition.
Rezoning Parcel 2 to T4-O will allow the applicant to develop a low -scale, compatible
commercial development oriented towards Biscayne Blvd consistent with Chapter 23 of the
Code entitled MiMo.
RECOMMENDATION:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the
aforementioned findings, the Planning & Zoning Department recommends as follows:
Parcel 1: Denial of the applicant request for a change of zoning from T5-L to T4-0.
Parcel 2: Approval with conditions of the applicants request for a change of zoning
from T3-L to T4-0.
1. The applicant shall proffer a revised covenant limiting the development height
of Parcel Two (2) to a maximum height of 35', said development and uses shall
be in accordance with Chapter 23 entitled "MiMo".
2. The future development of the parcels shall require approval by the Office of
Historic Preservation and by the Historic and Environmental Preservation Board
as applicable
Christopher Brimo
Chief of Land Development
SEG
4/7/2015
14-00727zc
Page 6 of 7
Excerpt of Article 4, Table 3 for the applicable zoning classification
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14-00727zc
Page 7 of 7
MIAMI 21 ZONING MAP (EXISTING)
T4—O —I I
NE 61ST ST
NE 60TH ST
NE 56TH ST
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NE 60TH ST
NE59THST NE59THST
• NE 58TH STJ
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NE 57TH ST
ADDRESS: 5900 BISCAYNE BLVD & 5907 NE 5 AV
MIAMI 21 ZONING MAP (PROPOSED)
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NE 60TH ST
,NE 56TH ST
NE 61ST ST
0 150 300 600 Feet
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NE 59TH ST NE 59TH ST
T3-R
T4-O
NE 57TH ST
NE 56TH ST
ingside
ADDRESS: 5900 BISCAYNE BLVD & 5907 NE 5 AV
MIAMI 21 ZONING MAP (REQUESTED)
CS
NE 60TH ST
,NE 56TH ST
0 150 300
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NE 58TH ST
/
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/ T3-R
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ADDRESS: 5900 BISCAYNE BLVD & 5907 NE 5 AV
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EXHIBIT A
HISTORIC PRESERVATION RECOMMENDATIONS
DJ2014, LLC 14-00727zc
Megan Cross Schmitt
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Efren Nunez, Planner II
Planning and Zoning Department
FROM Preservation Officer
Planning and Zoning Department
DATE:
November 13, 2014
SUBJECT : Rezoning of 5900 Biscayne Blvd.
FILE :
REFERENCES : MiMo/Biscayne & Palm Grove Historic Districts
ENCLOSURES:
The Historic Preservation Office has reviewed the development application
referenced above. Staff has reservations about the applicant's request for a change
of zoning and recommends the following:
• The applicant shall proffer a covenant limiting the development height of
Parcel Two (2) to a maximum height of 35', said development and uses shall
in accordance with Chapter 23-6.
• The future development of the parcel shall require approval by the
Preservation Office and by the Historic and Environmental Preservation
Board (HEPB) as applicable.
EXHIBIT B
DECLARATION OF
RESTRICTIVE COVENANTS
DJ2014, LLC 14-00727zc
4 Bilzin Sumberg
November 5, 2014
Mr. Sergio Garrido
City of Miami Planning Department
444 SW Second Avenue, 3rd Floor
Miami FL 33130
Jerry B. Proctor
Tel 305-350-2361
Fax 305-351-2250
jproctor@bilzin.com
Re: DJ2014 LLC/Application for District Boundary Change and Comprehensive
Plan Amendment
Property: 5900 Biscayne Boulevard and 5907 NE 5 Avenue
Dear Mr. Garrido:
In conjunction with the above -styled application, scheduled for hearing before the City's
Planning and Zoning Appeals Board on November 19, 2014, enclosed please find a Declaration
of Restrictions that the applicant will proffer at the hearing.
Please give me a call if you have any questions. Thank you.
Sincerely,
Jerry B. Proctor
JBP: id
Encl.
cc: Jacques Miodownik (w/encl.)
Dean DiBartolomeo, Esq. (w/encl.)
Dean Lewis (w/encl.)
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-3456 .Fel 305.374.7580 Fax 305.374.7593
www.bilzin com
This instrument prepared by, and after recording return to:
Name: Jerry B. Proctor, Esq.
Address: Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida33131
f Snace reserved fnr Clerk of Courtl
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2014, by DJ 2014 LLC the "Owner"), in favor of the City of Miami, a
Florida Municipal Corporation (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami,
Florida, located at approximately 5900 Biscayne Boulevard and 5907 NE 5 Avenue, Miami,
Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the
"Property");
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 covenants
running with the land and binding upon the Owner of the Property, its successors in interest and
assigns, as follows:
MIAMI 4249041.4 81026/44535
1 1 /6/2014
1
1. Recitals. 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.
2. Site Plan. The Property will be developed substantially in accordance with the
Design Intent Documents and the Construction Permit Documents prepared by D.B. Lewis,
Architect -Thresholds International Inc., or the architect of record, as may be amended by the
applicable departments of the City of Miami and the City of Miami Historic and Environmental
Preservation Board.
3. TDRs. Owner may utilize the provisions in the City's Transfer of Development
Rights (TDR) program. The Owner will comply with City regulations regarding recording of
agreements and any other required notice of any sales reducing development capacity on the
Property.
4. Effective Date. This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon recordation in the
Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of,
and a limitation upon, all present and future owners of the Property and for the public welfare.
5. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner of the Property, its
successors in interest and assigns for an initial period of thirty (30) years from the date this
MIAMI 4249041.4 81026/44535
11/6/2014
2
instrument is recorded in the public records and shall be automatically extended for successive
periods of ten (10) years, unless modified, amended or released prior to the expiration thereof.
6. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours to
enter upon the Property for the purpose of determining whether the conditions of this Declaration
and the requirements of the City's building and zoning regulations are being complied with. An
action to enforce the terms and conditions of this Declaration may be brought by the City and
may be by action at 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. This enforcement provision shall be in addition to any
other remedies available under the law.
7. Amendment and Modification. This instrument may be modified, amended or
released as to all or any portion of the Property by a written instrument executed by the owner(s)
of the fee -simple title to the Property to be effected by such amendment, modification, or release
and the City of Miami with the approval by the City of Miami City Commission, if applicable, at
a public hearing, which public hearing shall be applied for by, and be at the expense of the
Owner. Any modification, amendment, or release of this covenant will be subject to the
approval as to legal form by the City Attorney.
MIAMI 4249041.4 81026/44535
1 1 /6/2014
3
8. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and effect.
9. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner after approval of the Owner's zoning
application and the Owner's comprehensive plan application by the City Commission of the City
of Miami and the expiration of all appeal periods and after approval of the Owner's application
for a certificate of appropriateness by the City of Miami Historic and Environmental
Preservation Board and the expiration of all appeal periods. The Owner shall submit a recorded
copy to the Zoning Administrator at 444 SW 2nd Avenue, 4th Floor, Miami, Fl., 33130-1910
within thirty (30) days of recordation.
THERE ARE NO ADDITIONAL PROVISIONS ON THIS PAGE
SIGNATURES AND JURAT ON THE FOLLOWING PAGES
MIAMI 4249041.4 81026/44535
1 1 /6/2014
4
ACKNOWLEDGMENT CORPORATION
Signed, witnessed, executed and acknowledged on this day of , 2014.
IN WITNESS WHEREOF, DJ 2014 LLC has caused these presents to be signed in its name by its
proper officials.
Witnesses:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
MIAMI 4249041.4 81026/44535
11/6/2014
5
DJ 2014 LLC
19111 Collins Avenue, Unit #103
Sunny Isles, Florida 33160
By:
Jacques Miodownik, Member -Manager
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by Jacques Miodownik as member
manager, of DJ 2014 LLC, on behalf of the limited liability company. He is 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:
MIAMI 4249041.4 81026/44535
11/6/2014
6
Notary Public -State of FLORIDA
APPROVED AS TO FORM AND
CORRECTNESS:
VICTORIA MENDEZ
City Attorney
APPROVED:
FRANCISCO J. GARCIA IRENE S. HEGEDUS
Director of Planning and Zoning Zoning Administrator
MIAMI 4249041.4 81026/44535
11/6/2014
EXHIBIT A
Property Legal Description
Lots 1 and 18, Block 3, of "Bayshore", according to the Plat thereof, as recorded in Plat Book 5, Page
116, of the Public Records of Miami -Dade County, Florida.
MIAMI 4249041.4 81026/44535
11/6/2014
8
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-072
File ID 14-00727zc November 19, 2014
Item PZAB.2
Mr. David Young offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING 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 T5-L "URBAN
CENTER TRANSECT ZONE LIMITED" TO T4-O "GENERAL URBAN TRANSECT ZONE OPEN" FOR THE
PROPERTY LOCATED AT APPROXIMATELY 5900 BISCAYNE BOULEVARD AND BY CHANGING THE ZONING
CLASSIFICATION FROM T3-L "SUB -URBAN TRANSECT ZONE LIMITED" TO T4-O "GENERAL URBAN
TRANSECT ZONE OPEN" FOR THE PROPERTY LOCATED AT APPROXIMATELY 5907 NORTHEAST 5TH
AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A" (HEREBY ATTACHED); MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the PZAB considered the intent of and requirements under the Miami 21 Code, the application, the staff
analysis, and all evidence and testimony presented at the public hearing on November 19, 2014, and made no other
motions.
Upon being seconded by Mr. Juvenal Pina, the motion passed and was adopted by a vote of 7-1:
Ms. Jennifer Ocana Barnes Yes
Mr. Chris Collins No
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Absent
Ms, Maria Beatriz Gutierrez Absent
Dr. Ernest Martin Absent
Mr. Daniel Milian Yes
Mr. Juvenal Pina Yes
Ms. Melody L. Torrens Absent
Mr. Manuel J. Vadillo Yes
Mr. David H. Young Yes
„s5
�vmw"Mw
tlf Frame-e arcia, Director
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
i\�Z�F' 1y
Execution Date
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution,
SWORN AND SUBSCRIBED BEFORE ME THIS 11 DAY OF Novemn 6_7, 2014.
VCye s
Print Notary Name
Personally know ice- or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath ��—
Notary Public State of Florida
VANESSA TRUJILLO
MY COMMISSION # EE 105250
EXPIRES: July 11, 2015
Bonded Thru Notary Publlo Underwriters
Exhibit "A"
Rezoning
1-to T5-0
Lot 18, Block 3, "Bayshore", Plat Book 5, Page 116 of the Public Records of Miami -Dade.
County, Florida.
2 - to T4-0
Lot 1, Block 3, "Bayshore", Plat Book 5, Page 116, of the Public Records of Miami -Dade
County, Florida,