HomeMy WebLinkAboutPZAB 11-19-14 Supporting DocumentationFile ID:
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Location:
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Planning & Zoning:
PZAB.2
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
14-00727zc 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 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;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Approximately 5900 Biscayne Boulevard and 5907 NE 5th Avenue
[Commissioner Keon Hardemon - District 5]
Jacques and Denise Miodownik, Joint Tenants with Right of Survivorship, on
behalf of DJ 2014, LLC
This will change the zoning classification from "T5-L" to "T4-O" for the property
located at approximately 5900 Biscayne Boulevard and from "T3-L" to "T4-O"
for the property located at approximately 5907 NE 5th Avenue. Item includes a
covenant.
Recommended denial for the zoning classification change from "T5-L" to "T4-O"
for the property located at approximately 5900 Biscayne Boulevard.
Recommended approval with conditions for the zoning classification change
from "T3-L" to "T4-O" for the property located at approximately 5907 NE 5th
Avenue. See companion File ID 14-007271u.
Planning, Zoning and
Appeals Board: November 19, 2014.
`Y"ht °`° City of Miami
Planning and Zoning Department
Land Development Section
r
o _R
APPLICANT: DJ2014, LLC
ANALYSIS FOR
CHANGE OF ZONING
FILE ID: 14-00727zc
PROJECT ADDRESS: 5900 Biscayne Blvd & ZIP: 33137
5907 NE 5th Avenue
NET OFFICE: Upper Eastside HEARING DATE: 11/19/14
COMMISSION DISTRICT: District 5 ITEM: PZAB.2
A. 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, parcel one (1) 5900 Biscayne
Blvd, zoned T5-L "Urban Transect Zone -Limited" to T4-0 " General Urban Transect Zone -Open"
and parcel two (2) 5907 NE 5th Avenue, zoned T3-L "Sub -Urban Zone Limited" to T4-0 "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 59th Street between NE 5th Avenue and Biscayne Blvd. (Complete legal description is on file
with the Hearing Boards Section).
B. BACKGROUND:
The subject site contains two existing legally platted vacant lots. Under Zoning Ordinance 11000,
Parcel 1, was designated Office "0" 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
Page 1 of 4
C. COMPREHENSIVE PLAN:
Parcel 1:
The requested zoning designation of T4-0 for Parcel 1 is consistent with the
current Miami Comprehensive Neighborhood Plan (MCNP) designation of
Restricted Commercial. However, the subject parcel is zoned T5-L and is
consistent with the surrounding zoning to the North and South and serves as a
transition to the adjacent single-family T3-R district to the West.
Parcel 2: The requested zoning designation of T4-0 for Parcel 2 is inconsistent with the
current Miami Comprehensive Neighborhood Plan (MCNP) designation of
Single Family Residential.
However, the existing character and density of the corridor are currently consistent
with "Low Density Restricted Commercial" designation under the Comprehensive
Plan, specifically because this, future land use designation acknowledges the
existing commercial retail activities along the corridor.
As such, staff has submitted a companion item under (14-007271u) with this
request to amend the land use designation from "Single Family Residential" to
"Restricted Commercial".
D. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T5-L; Urban Center Transect Zone -Limited
(Parcel 1)
T3-L; Sub -Urban Transect Zone -Limited
(Parcel 2)
Surrounding Properties
FUTURE LAND USE DESIGNATION
Restricted Commercial
Maximum of 65 D.U. per acre
Single -Family Residential
Maximum of 9 D.U. per acre
NORTH: T5-L; Urban Center Transect Zone Restricted Commercial
(adjacent) Maximum of 65 D.U. per acre
T3-L; Suburban Transect Zone Single -Family Residential
(adjacent) Palm Grove Maximum of 9 D.U. per acre
SOUTH: T5-0; Urban Center Transect Zone Restricted Commercial
(across NE 59 Street) Maximum of 65 D.U. per acre
EAST: T4-0; Urban Transect Zone Restricted Commercial
(across Biscayne Blvd) Maximum of 36 D.U. per acre
14-00727zc
Page 2 of 4
WEST: T3-L; Suburban Transect Zone Single -Family Residential
(adjacent) Palm Grove Maximum of 9 D.U. per acre
E. ANALYSIS:
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. 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: Parcel 1 is a legally platted parcel located within the Bay Shore Subdivision and the MiMo
Historic District. 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 surrounding zoning districts
nor provides a transition in intensity of uses. Rezoning the property to T4-0 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.
Finding: Inconsistent with the intent of the Miami 21 Code
Analysis: 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 T4-0 to be
successional and consistent with the goals of the Miami 21 Code as the proposal is
compatible with the surrounding zoning districts. Rezoning Parcel 2 to T4-0 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: Consistent with the intent of the Miami 21 Code
F. NEIGHBORHOOD SERVICES:
Net Office No Objection
Code Compliance No Objection
Building Required
Historic Preservation With recommendations pursuant to Exhibit A
Environmental Resources No Objection
G. CONCLUSION:
Parcel 1: The Department of Planning and Zoning recommends denial of the applicant's request
for a change of zoning. The proposed change of zoning will result in an inconsistency in intensity.
As such, the proposed request would result in spot zoning as there is no T4-0 adjacent to the
14-00727zc
Page 3 of 4
property. However, the applicant has proffered a Declaration of Restrictive Covenant attached
hereto as Exhibit B that ties the 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 as such staff finds the Declaration of Restrictive
Covenants as presented deficient.
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 T4-0 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.
H. 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.
Chief of Land Development
11/12/14 S.Garrido
14-00727zc
Page 4 of 4
MIAMI 21 ZONING MAP (EXISTING)
T4—O —I I
NE 61ST ST
NE 60TH ST
NE 56TH ST
0 150 300
i I
600 Feet
NE 60TH ST
NE59THST NE59THST
• NE 58TH STJ
Mor ingsi
NE 57TH ST
ADDRESS: 5900 BISCAYNE BLVD & 5907 NE 5 AV
MIAMI 21 ZONING MAP (PROPOSED)
r
T5-R i
T5-O
sounaffeautlin
NE 60TH ST
,NE 56TH ST
NE 61ST ST
0 150 300 600 Feet
I
NE 58TH ST
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
NE 61ST ST
NE 58TH ST
/
600 Feet
NE 59TH ST NE 59TH ST
/ T3-R
T4-O
orningside
NE 57TH ST
NE 56TH ST
ADDRESS: 5900 BISCAYNE BLVD & 5907 NE 5 AV
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ADDRESS:5900 BISCAYNE BLVD & 5907 NE 5 AV
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
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00727zc Final Action Date:
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 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; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 5900 Biscayne Boulevard and 5907 NE 5th Avenue
[Commissioner Keon Hardemon - District 5]
APPLICANT(S): Jacques and Denise Miodownik, Joint Tenants with Right of
Survivorship, on behalf of DJ 2014, LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended denial for
the zoning classification change from "T5-L" to "T4-O" for the
property located at approximately 5900 Biscayne Boulevard.
Recommended approval with conditions for the zoning classification change from
"T3-L" to "T4-O" for the property located at approximately 5907 NE 5th Avenue. See
companion File ID 14-007271u.
PURPOSE: This will change the zoning classification from "T5-L" to "T4-O" for the
property located at approximately 5900 Biscayne Boulevard and from "T3-L" to
"T4-O" for the property located at approximately 5907 NE 5th Avenue. Item includes
a covenant.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on November 19, 2014,
following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item
PZAB.2, recommending * of the Zoning Change as set forth; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change
of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 File Id: 14-00727zc (Version: 1) Printed On: 11/13/2014
File Number: 14-00727zc
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further 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, as described in "Exhibit A", attached and incorporated.
Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word "ordinance" may be changed to
"section", "article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 2 of 2 File Id: 14-00727zc (Version: 1) Printed On: 11/13/2014
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.
MIAMI 4245351.1 81026/44535
7/16/2014
Bilzin Sumberg
o ,,, EYS AT LAW
RECEIVED
PLANNING DEPARTMENT
20I4 0CT 14 PM 4: 31
b
Jerry B. Proctor
TM 305-350-2361
x 305-351-2250
jproctor@bilzin.com
Hand Delivery
September 24, 2014
Ms. Irene S. Hegedus, Zoning Administrator
City of Miami
444 SW 2nd Avenue, 4th Floor
Miami, FL 33130
Re: DJ 2014, LLC
Applications for Comprehensive Plan Amendment and Rezoning
Property: 5900 Biscayne Boulevard and 5907 NE 5 Avenue
Dear Ms. Hegedus:
Our firm represents the property owner, DJ 2014, LLC (the "Applicant"), in Applications
for Comprehensive Plan amendment and rezoning, filed concurrently with the City on July 21,
2014. The applications requested the following for the properties at 5900 Biscayne Boulevard
("5900") and 5907 NE 5 Avenue ("5907"):
Zoning Comprehensive Plan
5900 T5-L to T5-0 (no request)
5907 T3-L to T4-0 Single family residential to General Commercial
Please accept this letter, and the accompanying revised pages from the City's
application forms, to request the following:
Zoninq Comprehensive Plan
5900 T5-L to T4-0 (no request)
5907 T3-L to T4-0 Single family residential to
Low Density Restricted Commercial
The Zoning requests provide a proper transition and will allow the Applicant to orient a
low -scale, compatible commercial development toward Biscayne Boulevard and NE 59 Street.
MIAMI 431295 3.1 81026/445 3 5
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-3456 i et 305.374.7580 Fax 305.374.7593
www.bilzin.com
September 24, 2014
Page 2
The application now requests Comprehensive Plan amendment of the 5907 Property
from "Single Family Residential" to "Low Density Restricted Commercial". The Applicant plans
to develop a furniture sales and showroom facility, not to exceed 35 feet in height, in a manner
that will be compatible with the community.
Thank you for your consideration of these revisions, and the applications.
Sincerely,
JerrB. Proctor
JBP: id
c: Francisco Garcia
Jacques Miodownik
Dean Lewis
Dean DiBartolomeo, Esq.
e4BILZIN SUMBERG BAENA PRICE & AXELROD LLP
-r It 0 iY -72 1 z_t
REZONING APPLICATION
RECEt'
PLANNING LEPA.RTMEN I
PLANNING AND ZONING DEPARTMENT, HEARING IMAERSAECffilf6I7 t
444 SW 2'' Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearinq 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.
Rev. 07-2013 2
REZONING APPLICATION
RECE '1E0
Please refer to Article 7.1.2.8 of the Miami 21 Code fopEAOhitig FtifbiziftittritNivc
1. Applicant(s): DJ 2014 LLC 71114 (1f T 14 PM 4: 31
2. Subject property address(es) and folio number(s): (1) 5900 Biscayne Blvd. - 01-3218-031-0280
and (2) 5907 NE 5 Avenue - 01-3218-031-0120
3. Present zoning designation(s): (1) T5 L and (2) T3 L
4. Proposed zoning designation(s): (1) T4-O and (2) T4-O
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) 8'/2x11 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.
MIAMI 4225851.2 81026/44535
Rev. 07-2013 3
REZONING APPLICATION
17. What is the acreage of the project/property site? 0.39 Acres (16,865 s.f.)
8. What is the purpose of this application/nature of proposed use? Commercial Use
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. Yes(5907
NE 5 Avenue and 5900 Biscayne Boulevard)
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:
❑ Planning, Zoning and Appeals Board 15 minutes and/or ❑ City Commission 15 minutes
22. Cost of processing according to Section 62-22 of the Miami City Code*: $15,009
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
$ 5,000.00
Minimum
c. Advertising
d. School Concurrency Processing (if applicable)
e. Mail notice fee per notice
f. Meeting package iling fee per package
i
*Fees over $25, 00 0.00, is h =' e paid in the form of a certified check, cashier's She k, or mgj ey or er.
Signatur= __�.� Address / 9/7/ ( //k5 /'7r1e' (Ia d /°2
C-Vae.:5 0 4r Merv) 6eC44/145-cr
Name o' h-5 dof9 L C C /- L.- FL,33/6D
Telephone 350- .236 /
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoin
20 f1 ,by_
who is a(n) i
i rteliviekasirrkinars44+
Au /
(Stamp)
QC rl25 1 iiSo n"2,4AG PC' /Z7d4652f
r/agent/oorr- oretiefl-of . = • /`' Zic a(n)
'pled He/94misaSeriOnally known to or who has produced _
as identification and who d (did not) take ano
MIAMI 4225851.1 81026/44535
6/30/2014
Rev. 07-2013
was acknowledged before me this
$ 1,500.00
$ 150.00
$ 4.50
$ 6.00
E-mail 3 P oc 7`o2 a 12i,,
�/ <dayof _Jt,1/1
m
Signature
DEAN F. DIBARTOLOMEO
Notary Public - State of Florida
8,1 My Comm. Expires Mar 11, 2016
o, i•`• Commission # EE 178053
,,,� — —
4
REZONING APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day < Jc th undersigned personally appeared ; �' ((Ls /�l, ca'oc.J 4i �-`�
f 1,/ycCC, 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, 0 including or 0 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 su
affidavit, are true and correct.
Further Affiant sayeth not.
z ,,pp
Applicant(s) Name Applicant(s) Signature ��:c�� cry S fn oc a.J'/
itted in conjunction with this
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this // day of
20 / X , by 3-0 c e U 2 5 / 4/Cc/Cu) !' e /< c. 'Je'. �3 ' 1 !%�i %7 5'
who is a(n) �- a gent/corporation of a(n)
in•divi'drialtppartrrurstiip/.orporation. He/Sh& is personally known to me or who has produced
Ad 4 as identification and who did -(did not) take an oath.
3
(Stamp) Signature
110,
o-.F. °�,,,•- DEAN F. DIBARTOLOMEO
�_ •'�' ° = Notary Public - State of Florida
My Comm. Expires Mar 11, 2016
Commission # EE 178053
MIAMI 4225851.1 81026/44535
6/30/2014
Rev. 07-2013
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) DJ 2014 LLC - Jacques Miodownik & Denise Miodownik,
JoinL Tenants wiLh Rig11L of Survivorship
Percentage of Ownership 100%
Subject Property Address(es) 5900 Biscayne Boulevard & 5907 NE 5 Avenue
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):
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Owner(s) or Attorney Signature
//)? r— 71241Cts'
20 The foregoinggwwas acknowled ed before me this i % day of _l �
by o /�“J.4 K .5 ,rt Pr ,�- ,45ta (
who is a(n) in.' ' /agent/carrp.wiion of aO/. 7 Z L a(n) GLC.
aiership/coil ion. He/ is ersonally known o r who has produced _
i (e as identification and who diet (did not) take an oath.
(Stamp) Signature
DEAN F. DIBARTOLOMEO
E Notary Public - State of Florida
My Comm. Expires Mar 11, 2016
Commrssi
MIAMI 422585 iFOF f\� on # EE 178053
6/30/2014
Rev. 07-2013 6
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.
MIAMI 4245351.1 81026/44535
7/16/2014
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, Florida 33131
(Space reserved for Clerk of Court)
'PROPOSED] 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"); and
WHEREAS, it is the Owner's intent to develop the Property for use as a commercial
building.
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 4249041.1 81026/44535
6/30/2014
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. Development Regulations. Development of the Property will be limited to a retail
furniture store of no more than 35 feet in height.
3. 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.
4. 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
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.
5. 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 investigating the use of the Property, and for
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
MIAMI 4249041.1 81026/44535
6/30/2014
2
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. Thig enforcement provision shall be in addition to any other remedies
available under the law.
6. 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 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 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.
7. 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.
8. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner. 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.
MIAMI 4249041.1 81026/44535
6/30/2014
3
ACKNOWLEDGMENT CORPORATION
Signed, witnessed, executed and acknowledged on this
day of ,2014.
IN WITNESS WHEREOF, has caused these presents to be signed in its
name by its proper officials.
Witnesses:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
DJ 2014 LLC
19111 Collins Avenue, Unit #103
Sunny Isles, Florida 33160
By:
The foregoing instrument was acknowledged before me by , of DJ 2014
LLC, on behalf of the corporation. He is personally known to me or has produced Florida Driver's
licence: , as identification.
Witness my signature and official seal this day of , 2014 in the County and State
aforesaid.
My Commission Expires:
MIAMI 4249041.1 81026/44535
6/30/2014
4
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 4249041.1 81026/44535
6/30/2014
EXHIBIT A
Property Legal Description
Lot 1 and 18, "Bayshore", Plat Book 5, Page 116, of the Public Records of Miami -Dade County, Florida.
MIAMI 4249041.1 81026/44535
6/30/2014
6
PLANNING AND ZONING DEPARTMENT
PROJECTS REVIEW MEETING
RE -ZONING
5907 NE 5 Avenue
5907 NE 5 AVENUE AND 5900 BISCAYNE BOULEVARD
PR-14-082
ZONING DESIGNATION: T3-L & T54-O
NET DISTRICT: UPPER EASTSIDE
7.8.14
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 1, 2014 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 request:
o Rezoning per Article 7, Section 7.1.2.8 (c) (1), to allow a rezoning from T3-L to T4-O
(5907 NE 5 Avenue) and T5-L to T5-O (5900 Biscayne Boulevard).
The following comments should be addressed:
1. Even though pursuant to Article 7, Section 7.1.2.8 (3) the proposed rezoning of the Lot
locate at 5907 NE 5 Avenue from T3-L to T4-O may qualify as successional zoning
change, it does not meet the Miami 21 requirement pursuant to Article 7, Section 7.1.2.8
(3) (c) (1) to allow application for rezoning. In that, the Lot in questions does not
represent an extension of an existing Transect boundary, it is less than 40,000 square
feet of land area, and the Lot does not have 200 feet of street Frontage on at least one
street. The applicant may confer with the Zoning Administrator, Irene Hegedus, at
305.416.1499 for an official determination.
2. Provide school concurrency letter. Applicant may contact Alina Mencio at 305.416.1425
with any question concerning the concurrency process.
3. If the applicant chooses to proffer a restrictive covenant associated with the rezoning
request, the applicant should submit the document with the rezoning application
package for review and approval by the City of Miami's Law Department and Planning
and Zoning Department prior to the anticipated Planning, Zoning, and Appeals Board
meeting.
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.
P ra Ject N a n
plicant Email AE.ress
Project Street Address
EFERRA
LANN1NG DEPA4THE
4OCT 14 PM4:
49-
Date
ta0' 5.,c/
CSer io /Vie %/
al` o
Pre -Application Meeting e4,cjo
Assisted Living Facility /
Principal Frontage a/27/,
Other:
Folio Number
/9 c 55 3 /
Applicant noneNumber
7�y
TO BE COMPLETED BY THE OFFICE OF ZONING
n4,"
1fl✓'/.mil`` �`%; 6'
yper~�it — Code Section
Sa�'f
2 Z-----D-p/f 9 5- , ; / -/-0 ,jyeQ 45c ..,,,,.,e/A-/)
)nfw( 73 `1: / 7 -0 c7'fr)
/j%7 A_ 7#/t ,S2- %./ev.� ,> d (Fd) s ✓l/
/ I ; 5/ /1,7 ii:V, ../.."‘e'61;c/a /45--A-Are.i/s&-c awc,7
Summary of Request
Referral iss d by:
W,A1:14•A-7 ,47
/We/aril/
CITY OF 'JIA1II
OFFICE OF ZONING
PE 303416-1499
444
SW ,.:: Ave 4± Floor Miami., FL 33U0
rraaMigo ° corn/zoning
_RrEFERRAL
PA R MENT
I 4 PM 4: 32
clATE,fg
4.4.0140/0 ZA/./ fdrAV
Ap4cant Email Address Applican none Number
Pre -Application Meeting
Assisted Living Facility
Principal Frontage
Other.
/?
c_6415 3(67)
5 -fe 7 /r/t-5 Q (-53?2Z2 5er7,
Project Street kddress
TO BE COMPLETED EY THE OFFICE OF ZONING
7..8
Type Or iMit Reor _Led — Code Section
7-
7s-1 7 Zo 71-.0 &f17 /114
ASje /1/61,2 "hit, 4/Pe,-0/1-7//etil-of
/pm
ewe
Summary of Request
Refertat iss d by:
CITY OF MIANII
OFFICE OF ZONING
Pa: 305416-1499
4-4 SW 2'-e: Ave 4=4 Floor ;Nf;1,-,,4 FL 33130
rs:L=.r.aamigov corn/ zot-nE.,
City of Miami
Public School Concurrency
Concurrency Management System Entered Requirements
Applicant Fields
Information
Application Type
Public Hearing
Application Sub -Type
Sub -Type
Application Name *
/! J /��t �/
Re-volt;C ,4p4 /7,►Iei,thi
Application Phone *
ran
303
Application Email *
j o j O Q i, t.Ofli
Application Address *
�Jpet
00 O�rT-ety� NU di
�Ni.
s q u 7 S ,4v.
Contact Fields
Information
Contact Name *
Jerry lfc- A I —
Contact Phone *
/3 /J,O -Ze36 /
Contact Email *
j// ec.e.. O i I /Z A, edam
Local Govt. Name
Cit�bf Miami
Local Govt. Phone
305-416-1400
Local Govt. Email
GDGay(ttci.miami.fl.us
Local Govt. App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
d ('3�Q Gd 0
Additional Folio Number
V + 03l
of3 1 ('�/ w'
Total Acreage *
0.
Proposed Land Use/Zoning *
Land Use/Zoning
Single -Family Detached Units *
Attached Units (Duplex) *
ySingle-Family
Multi -Family Units *
i4
Total # of Units *
,
,
Redevelopment Information (MUSPs(- Re -development applica ns are for those vacant sites for which a local
government has provided vested rights; or for an already improved property which does not have to be re -platted as
deemed by the local government. The number of units to be input into the CMS is the net difference between the existing
vested number of units and the newly proposed number of units.
Example: en existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls
for 40 total units. Local government shell input 20 units in the CMS (net difference between the 20 units vested less
the newly proposed 4 units).
*
Required Fields for Application q PP
1 n
Owner(s)/Attomey/Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE %%
The foregoing was acknowledged befo,r�e a thi / __ day of 74
20 /'y ,by CTGLC' LleS /�lta-A,,) ! 4.5 %772. -herryle/71.6e
who is a(n) I�lagontleerperatiOn of L.) do-/ ( LL[_ a(n 4 Lc-
iudivtdu�orailon. He/She i persona y known o m or who has produced /O/4
as identification and who did (did not) take an oath.
DEAN F. DIBARTOLOMEO
Notary Public - State of Florida
My Comm. Expires Mar 11, 2016
Commission # EE 178053
Owner(s)/Attorney/Applicant Signature
C c¢eS /!%fogo�Jill i
/ne- ber /11Qnc5er--
Signature
CITY OFMIAMI
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 conunittees 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. JERRY B. PROCTOR
(First Name)
HOME ADDRESS:
(Middle) (Last Name)
(Address Line 1)1450 Brickell Avenue, 23rd Flr., Miami, FL 33131
CITY: Miami
(Address Line 2)
STATE:
Florida ZIP:33131
P19A.4k PHONE:305-350-2361 CELL PI IONE: FAX:305-351-2250
EMAIL:jproctor@bilzin.com
BUSINESS or APPLICANT or ENTITY NAME DJ 2014 LLC
BUSINESS ADDRESS: 19111 Collins Avenue, #103, Sunny Isles, FL 33160
(Address Line 1)
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, hoard,
authority, agency, council, or committee.
COMPREHENSIVE PLAN AMENDMENT - 5907 NE 5 AVENUE
REZONING - 5900 Biscayne Boulevard and 5907 NE 5 Avenue
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support nr withhold nhirrtinn to the regnected apprnval, relief nr aetinn
IDYES XNO
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.
Dec. No.: RG543
vIIAMI 4249324.1 81026/44535
7/18/2014
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.
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
•
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
gna ure
3 ,-r e, nrockPrint
Name
Sworn to and subscribed before me this a days of 2O . The foregoing
instrument was acknowledged before me by , who has produced
as identification and/or is personally known to me and who did/did not take an oath.
STATE OF FLORIDA r
CI41 IAMI IBIS DIAZ
MY e I*S&lI'(O IISSION # FF 111262 Notary
� ,'
EX' ' ''- 1, - EXPIRES: May 24, 2018
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Doc. No.:86543 l Page 2
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This Instrument Prepared by:
MARCO DE LA CAL, ESQUIRE
999 Ponce de Leon Blvd., Suite 735
Coral Gables, Florida 33134
Return to: DEAN F. DiBARTOLOMEO, ESQUIRE
8400 Bird Road
Miami, Florida 33155
Property Appraisers Parcel I.D. (Folio) No.: 0132180310280/0132180310120
=r l! 01 4-R 04-t;3 1 :L
OR Bk 292it F}s 3070 -.. ,H 1; (2r 7s)
RECORDED 06/25/2O14. 13:39:48
DEED DOC TAX 7r89O9OO
SURTAX 5f917.50
HARVEY RUVItdr CLERK OF COURT
MIr•`at1I DADE COUNTY FLORIDA
WARRANTY DEED
THIS WARRANTY DEED made the day of June, 2014, by 5900 BISCAYNE BOULEVARD, LLC,
a Florida limited liability company, with its principal place of business at 10575 NW 43rd Terrace, Doral,
Florida 33178, hereinafter called the Grantor, to DJ 2014 LLC, a Florida limited liability company, whose post
office address is 19111 Collins Avenue, Unit #103, Sunny Isles, Florida 33160, hereinafter called the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument
and the heirs, legal representatives and assigns of individuals, and the successors and assigns of
corporations.)
WITNESSETH: That the Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00)
DOLLARS, and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in MIAMI-
DADE County, Florida, viz:
Lots 1 and 18, Block 3, BAY SHORE, according to the Plat thereof, recorded in Plat Book 5,
Page 116, of the Public Records of Miami -Dade County, Florida.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in
fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the Grantor
hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons
whosoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,
2013.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed in its name, and its
corporate seal to be hunto affixed by its proper officers thereunto duly authorized, the day and year first above
written.
Signed, `y nd delivered in our presence:
Pri
Print Name: A1e.XaI6tja
5900 BISCAYNE BOULEVARD, LLC, a Florida
limited liability company
By:( �`—
Just Brahmatewari, as Manager
1"4. B k 29''206 P G ,13u_>r ?
STATE OF FLORIDA )
) S.S.
COUNTY OF MIAMI-DADE )
The foregoing instrument wa acknowledged before me, this iilg—day of June, 2014, by JUST
BRAHMATEWARI, as Manager of 00 BISCAYNE BOULEVARD, LLC, a Flori%a limited liability company,
who is personally known to me ( , or who has provided his 1 / as identification,
and did not take an oath.
NOTARY
•4�q,Y P,rMARCO DE LA CAL
*q. MY COMMISSION d EE 073504
EXPIRES, July 1, 2015
Bonded Info Nnt®ty Public Underwriters
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Anion J. Garcia, PLSM6-0566 \
7210 SW 126th Court, Fax (305) 5Ph (305)856-45664
Miami, Florida 33183 Land Surveyor & Planner
Property Address:
5900 Biscayne Boulevard, Miami, Florida 33137
Legal Description: Lots 18, Block 3, of "BAYSHORE", according to the Plat
thereof, as recorded in Plat Book 5, at Page 116, of the Public Records of
Miami -Dade County, Florida.
Record Survey
Scale 1 "= 20'
Inaccessible M 14
Corner
UP I / `
I
uE I
7.50'
, UE
I ^ I
I o I
Lot 1, 1
1
Block 31 1
I � I
I 1
a 1
coy
Anchor
7.50' /
Lot 17,
Block 3
3
Vacant Lot
Lot 18,
Block 3
R=20'
A=20.29'
1 BOB 4=58°07'00"
S 90°00'00" E 71.44'
FN S 90°00'00" E 82.55'
4' Parkway
ur
nr
GCB
NE 59th Street
18' Asphalt Pavement
2' Curb & Gutter
(78' Total R/W))
FN &
Disc
PC
12
FN
PC
FN
( t
r
Location Sketch
Not to Scale
NE 59th Street
Asphalt
Driveway
11.
-S/
e
Ar
eh�• 0
as s
40;
FN &
Disc
/
There may be easements and/or other instruments
affecting this property, recorded in the Public Records
not shown on this survey.
LEGAL NOTES
This Survey does not reflect or determine ownership; Examination of the Abstract of Title will
have to be made to determine Recorded Instruments, if any, °fleeting the property; This
Survey is subject to dedications, limitatlons, restrictions, reservations or easements of records;
Legal Description provided by client; The Liability of this Survey is limited to the cost of the
Date of Field Work10-28-2013
Qniano J. Garc'- ' - 5105
Survey; Underground Encroachments, if any, are not shown; This firm has not attempted to/Not v• ': witho..r a signature
locate footing and/or foundations and/or underground improvements of any nature; If sh in, and - on I raise seal
Bearings are referred to an Assumed Meridian; N shown, Elevations are referred to Natio al Of a Florid°//Ilcens urveyor
Geodetic Vertical Datum of 1929 (NGVD 1929) and ma
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O
F
❑a
W W
CO CC
J CO
Q
For:
5900 Biscayne Boulevard, LLC
Order No 13-0374
A = Arc Length; AC = Air Conditioner, AE = Anchor Easement; BC = Block Comer, BM = Bench Mark; BOB = Basis Of Bearings; (C) = Calculated Dimension; CB
= Catch Basin; CBS = Concrete Block Structure; CFW = Concrete Fence Wall; CH = Chord Length; CHB = Cho d Bearing; CI = Clear, CML = City Monument Line;
CME = Canal Maintenance Easement; Conc = Concrete; DE = Drainage Easement; DME = Drainage & Maintenance Easement; Dr = Drive; E = East; Elev =
Elevation; ENCR = Encroached; ETP = Electric Transformer, FDH = Found Drill Hole; FIR = Found Iron Rod; FFE = Finished Floor Elevation; FH = Fire Hydrant; HP
= Found Iron Pipe; FN = Found Nail; FT = Feet; LME = Lake Maintenance Easement; LB = Licensed Business; LFE = Lowest Floor Elevation; LP = Light Pole; (M)
= Measured Dimension; ME = Maintenance Easement; MON = Monument; N = North; NGVD 1929 = National Geodetic Vertical Datum of 1929; NTS = Not To Scale;
OE = Overhead Cables; OH = Over Hang; ORB = official Record Book; 0/S = Off Set; Pb = Plat Book; PC = Point of Curvature; PCC = Point Of Compound
Curvature; PCOR = Property Comer, PCP = Permanent Control Point; Pg = Page; PL = Planter or Property Line; PLS = Professional Land Surveyor, PLSM
Professional Land Surveyor and Mapper; FOB = Point 0f Beginning; POC = Point 0f Commencement; PRC = Point 0f Reverse Curve; PRM = Permanent Reference
Monument; PT = Point of Tangency; R = Radius; (R) = Recorded Dimension; RLS = Registered Land Surveyor and Mapper, R/R = Rail Road; R/W = Right Of
Way; Sec = Section; T = Tangent; S = South; SIP = Set Iron Pipe With Cop Stamped PLS 5105; UE = Utility Easement; UP = Utility Pole; UTY = Utility;
W = West; WF = Wood ,,Fqence; WM = Water Meter, WV = Water Valve; Cp = Centerline; —x.— = Chain Link Fence; ® = Concrete Wall; ' = Degrees; e = Central
Angle; 0 = Diameter, J = Existing Elevation; ' = Minutes; " = Seconds; = Wood Fence ,
Aniano J. Garcia, PLSM Ph (305) 858-0560 1
�210 SW 126th Court,
Mlaml, Florida 33183 Land Surveyor & Planner
Fax (305) 595-1454
Property Address:
5907 NE 5th Avenue Miami, Florida 33137
Legal Description: Lots 1, Block 3, of "BAYSHORE", according to the Plat
thereof, as recorded in Plat Book 5, at Page 116, of the Public Records of
Miami -Dade County, Florida.
583'49'37"`N —
Radial
0.7'
Conc Curb
z
rn
Record Survey
Scale 1"= 20'
'>
Lot 2,
Block 3 `Radial
105.9' /On
78°48'2)
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j11�u
�rl
,!I
0
00
o h a w D
o v D o
A 0,
0 • o
CD g I n I Curve Data
o , by Calculation
FN
• LP • •,v' PRC
CB
FN
R=20'
A=29.50'
A=84°30'44"
FN
PC
NE
Vacant Lot
Lot 1,
Block 3
BOB`
S 90°00'00" E 55.70' /)
N 90°00'00" E 73.90'
4' Parkway
7 Curb R Cuttnr
Location Sketch
Not to Scale
18 /
_gym
NE 59th Street
Inaccessible
Corner /
/ / 7.50•
/ / UE
/ o /
/ d /
/ /
/ w /
/ trY I*
/ co / Lot 18,
/ o / Block 3
/ 2 /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ FN L
5' Sidewalk
n 3/9 IUP
� I I
/ Guy
/ / Anchor
/ /
UE /
/
59th Street
18' Asphalt Pavement
`2' Curb & Gutter
(78' Total R/W)
LEGAL NOTES
This Survey does not reflect or determine ownership; Examination of the Abstract of Title will
have to be made to determine Recorded Instruments, if any, affecting the property, This
Survey is subject to dedications, limitations, restrictions, reservations or easements of records
Legal Description provided by client The Liability of this Survey is limited to the cost of the
Survey; Underground Encroachments, if any, are not shown; This firm has not attempted to
locate footing and/or foundations and/or underground improvements of any nature; N show
Bearings are referred to an Assumed Meridian; ti shown, Elevations are referred to National
Geodetic Vertical Datum of 1929 (NGVD 1929)
There may be easements and/or other instruments
affecting this property, recorded in the Public Records
not shown on this survey.
Dote of Field
Not va'• I` out the nature
an•� Ina raised eal
a F - ida license rveyor
and mapper
For:
5900 Biscayne Boulevard, LLC
Order No 13-0373
A = Arc Length; AC = Air Conditioner, AE = Anchor Easement; BC = Blocl< Comer, BM = Bench Mark; BOB = Basis 0f Bearings; (C) = Calculated Dimension; CB
= Catch Basin; CBS = Concrete Block Structure; CFW = Concrete Fence Wall; CH = Chord Length; CHB = Cho d Bearing; CI = Clear, CML = City Monument Line;
CME = Canal Maintenance Easement; Conc = Concrete; DE = Drainage Easement; DME = Drainage & Maintenance Easement; Dr = Drive; E = East; Elev =
Elevation; ENCR = Encroached; ETP = Electric Transformer, FDH = Found Drill Hole; FIR = Found Iron Rod; FFE = Finished Floor Elevation; FH = Fire Hydrant; FIP
= Found Iron Pipe; FN = Found Nail; FT = Feet; LME = Lake Maintenance Easement; LB = Licensed Business; LFE = Lowest Floor Elevation; LP = Light Pole; (M)
= Measured Dimension; ME = Maintenance Easement; MON = Monument; N = North; NGVD 1929 = National Geodetic Vertical Datum of 1929; NTS = Not To Scale;
OE = Overhead Cables; OH = Over Hong; ORB = Official Record Book; 0/S = Off Set; Pb = Plat Book; PC = Point of Curvature; PCC = Point Of Compound
Curvature; PCOR = Property Comer, PCP = Permanent Control Point; Pg = Page; PL = Planter or Property Line; PLS = Professional Land Surveyor, PLSM =
Professional Land Surveyor and Mapper, POB = Point Of Beginning; POC = Point Of Commencement; PRC = Point Of Reverse Curve; PRM = Permanent Reference
Monument; PT = Point of Tangency: R = Radius; (R) = Recorded Dimension: RLS = Registered Land Surveyor and Mapper, R/R = Roil Rood; R/W = Right 0f
Way; Sec = Section; T = Tangent; S = South; SIP = Set Iron Pipe With Cap Stamped PLS 5105; UE = Utility Easement; UP = Utility Pole; UTY = Utility;
W = West; WF = Wood Fence; WM = Water Meter, WV = Water Valve; Q = Centerline; —x-- = Chain Link Fence; ®= Concrete Wall; ' = Degrees; e = Central
Angle; 0 = Diameter, / = Existing Elevation; ' = Minutes; " = Seconds; = Wood Fence