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HomeMy WebLinkAboutPZAB 3-18-15 Supporting DocumentationFile ID: Title: Location: Applicant(s): PZAB.6 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-000891u Quasi -Judicial A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1725 AND 1729 NORTHWEST 18TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 1725 and 1729 NW 18th Street [Commissioner Wifredo "Willy" Gort - District 1] Iris Escarra, Esquire, on behalf of Abreu Development, LLC 333 Southeast 2nd Avenue, Suite 4400 Miami, Florida 33131 305-579-0500 Purpose: This will change the zoning classification for the above properties from "Duplex Residential" to "Low Density Restricted Commercial". Finding(s): Planning & Zoning: Recommends denial. Item includes a covenant. See companion File ID: 15-00089zc. Planning, Zoning and Appeals Board: March 18, 2015 ANALYSIS FOR Future Land Use Map Amendment PROJECT ADDRESS: 1725 and 1729 NW 18 Street FILE ID: 15-00089Iu APPLICANT: Iris Escarra, Esquire, on behalf of the owner, Abreu Development, LLC COMMISSION DISTRICT: District 1 NET OFFICE: Allapattah LAND USE DESIGNATION: Duplex Residential REQUEST The proposal is for an amendment to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of two properties from "Duplex Residential" to "Low Density Restricted Commercial", A complete legal description of the properties is on file at the Hearing Boards Office. FUTURE LAND USE Miami Comprehensive Neighborhood Plan (IMCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." Areas designated as "Duplex Residential" allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). Areas designated as "Low Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" subject to the same limiting conditions, transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries; convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as `Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. DISCUSSION The subject area consists of two parcels, comprising approximately 0.15 acres. The parcels are located west of NW 17 Avenue, between NW 18 Street to the south and NW 17 Street to the north. 1729 NW 18 Street is designated "Duplex Residential" while 1725 NW 18 Street has a split designation of "Duplex Residential' and "Restricted Commercial". To the east of the subject parcels the land use designation is "Restricted Commercial" To the north the land use designation is 'Medium Density Restricted Commercial". To the south the land use designation is "Duplex Residential"_ 1725 NW 18 Street is currently vacant, while 1729 NW 18 Street currently has an existing, single-family structure_ EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESiNATION ZONING Subject Properties: Subject Properties Duplex Residential T -0: Sub -urban Transect Zone - Maximum of 18 D.U. per acre Open Surrounding Properties NORTH: IVtedium Density Restricted Commercial T4-R; General Urban Transect Maximum of 65 D.U. per acre Zone - Restricted SOUTI-I: Duplex Residential T3-0; Sub -urban Transect Zone - Maximum of 18 D.U. per acre Open EAST: Restricted Commercial T6-8-O; Urban Core Transect Zone- Maximum of 150 D.U. per acre Open WEST: Duplex Residential T3-O; Sub -urban Transect Zone- Maximurn of 18 D.U. per acre Open ANALYSIS • The existing character, intensity, and density of the site and surrounding area are currently consistent with Duplex Residential_ • The MCNP Interpretation of the 2020 Future Land Use Map section indicates that the "Duplex Residential" designation permits 18 dwelling units per acre and the "Low Density Restricted Commercial" future land use designation allows residential uses to a maximum density of 36 dwelling units per acre. Currently there is one (1) dwelling unit on the subject properties_ The proposed amendment would allow for approximately five (5) dwelling units, which are out of scale, density, and character with the surrounding single-family and duplex designated neighborhood. • A land use amendment at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications throughout this single- family and duplex designated neighborhood, changing the character of the neighborhood. • MCNP Land Use Goal LU-1(1) "encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods: (5) promotes the efficient use of land and minimizes land use conflict&. The proposed land use amendment could bring commercial and possibly higher intensity residential into a single-family and duplex designated neighborhood. • Land Use Policy LU-1,1.3 "provides for the protection of all areas of the city from (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities", This change would break the uniform land use designations by encroaching too far into the single-family and duplex designated neighborhood_ The proposed amendment is out of scale in regards to intensity, density, and height as it pertains to this neighborhood. • MCNP Housing Policy HO-1.1.7, states "the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. The proposed amendment is out of scale in regards to density and height as it pertains to this single-family and duplex designated neighborhood. MCNP Housing Policy HO-1.1.8 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. The subject properties and the surrounding area is a well -established residential neighborhood. ▪ The proposed land use designation amendment of 'Low Density Restricted Commercial" is incompatible with the area and would represent a change incongruent with the surrounding land uses. In that the proposed land use amendment is dissimilar to the adjacent parcels. • The approved Miami 21 zoning on the subject parcels is T3-O — "Sub -Urban Zone while the companion proposed rezoning is T4-L — 'General Urban Zone". ■ The analysis is NOT based on a proposed project. The highest potential use is being considered. RECOMMENDATION Based on the aforementioned findings, the Planning Department is recommending DENIAL of the .amendment as presented based on the following findings: These findings support the position that the Future Land Use Map at this location and for this neighborhood should not be changed to the proposed designation.. Christophe Chief of Land Development R. Shedd FUTURE LAND USE MAP (EXISTING) w co Li UIILJPIUi NW 19TH TER Oil Industrial f1Ii.H 111.A NW 19T H ST NW 18TH_TER Duplex I ex Residential NW_16TH_TER • ■ 0 150 300 600 Feet I i I I General Commercial l IT1 n ADDRESS: 1725 1729 NW 18 ST FUTURE LAND USE MAP (PROPOSED) 1 NNW 1 1 1 II Lighlndustrial NW 19TH TER 11/ NW 19T H ST Restricted NW 18TH TER D.up I e�x Residential NW18TH_ST !ir NW 19TH ST z`44 Restricted NW 17TH ST Commercial NW,I6THTER 0 150 300 I i I I NW 16T H ST 600 Feet NW 17T H S' ADDRESS: 1725 1729 NW 18 ST 0 150 300 600 Feet I 1 I I ADDRESS: 1725 1729 NW 18 ST CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal Nc 15-000891u IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 03/18/2015 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION Applicanl Iris Escarra, Esq., on behalf of Abreu Development, LLC Address: 1725 and 1729 NW 18 ST Boundary Streets: North: South: Proposed Change: From: NW 18 Tt East: NW 17 Ave NW 18 St West: NW 18 Ave Duplex Residential To: Low -Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.1500 acres @ 18 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.1500 acres @ 36 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name 3 DU's 2 0 sq.ft. 5 DU's 4 0 sq.ft. 0 7 3 2 Allapattah 322 G3 115 NW 17th Avenue RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g (See attachment 1) NOTES: 1. Permit for sanitary sewer connection must be issued by Metro Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currenuy�not known. density equivalent to "Low Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. CM_1_IN 03/13/9 CONCURRENCY ANALYSIS RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 7 0.01 182.80 182.79 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 7 1,554 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents 7 Transmission Requirement, gpd 1,284 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 7 9 800 791 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 7 2 B B OK ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-000891u Final Action Date: A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1725 AND 1729 NORTHWEST 18TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1725 and 1729 NW 18th Street [Commissioner Wifredo "Willy" Gort - District 1] APPLICANT(S): Iris Escarra, Esquire, on behalf of Abreu Development, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. Item includes a covenant. See companion File ID: 15-00089zc. PURPOSE: This will change the land use designation for the above properties from "Duplex Residential" to "Low Density Restricted Commercial". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 18, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item no. *, recommending *of the Future Land Use 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 land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to City of Miami Page 1 of 3 File Id: 15-000891u (Version: 1) Printed On: 3/6/2015 File Number: 15-000891u §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of 0.15± acres of real properties located at approximately 1725 and 1729 Northwest 18th Street, Miami, Florida, from "Duplex Residential" to "Low Density Restricted Commercial"; as depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small scale Future Land Use Map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern as designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Density will be "Low Density Restricted Commercial", 36 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and (f) The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the reviewing agencies pursuant to §163.3184, Florida Statutes; and any other person or entity requesting a copy. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY City of Miami Page 2 of 3 File Id: 15-000891u (Version: 1) Printed On: 3/6/2015 File Number: 15-000891u 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 3 of 3 File Id: 15-000891u (Version: 1) Printed On: 3/6/2015 Exhibit "A" LEGAL DESCRIPTION: (PARCELS OWNED BY 1808 FD, LLC SUBJECT TO REZONING) LOT 47 LESS THE EAST 17 FEET THEREOF, BELLEVUE SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 8001E 3, PAGE 119, LESS THE NORTH 5 FEET THEREOF, OF THE PUBLIC RECORDS OF MIAM - DADE COUNTY, FLORIDA. (FOLIO No. 01-0134--013-0380) AND THE EAST 17 FEET OF LOT 47, BELLEVUE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 119, LESS THE NORTH 5 FEET THEREOF, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (FOLIO No. 01-0134-013-0390) GT GreenbergTraurig January 16, 2015 Mr. Francisco Garcia City of Miami Director of Planning and Zoning 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33131 Iris Escarra 305-579-0737 escarrai@gtlaw.com Re: Abreu Development, LLC / 1725 and 1729 NW 18 Street Miami, Florida / Letter of Intent for Submittal of Applications for Comprehensive Plan Amendment and Rezoning Dear Mr. Garcia: On behalf of Abreu Development, LLC (the "Applicant"), please accept the enclosed applications for a Comprehensive Plan Amendment and Rezoning (the "Applications") of the property located at 1729 NW 18 Street and that portion of the property located at 1725 NW 18 Street, Miami, Florida consisting of Lot 47 of the Bellevue Subdivision only (collectively, the "Property"). This correspondence constitutes the Applicant's Letter of Intent and analysis pursuant to the requirements of Article 7.1.2.8(c) (2) (g) of Miami 21. Specifically, the Applicant is requesting a zoning change from T3-O to T4-L pursuant to the successional zoning requirements of Section 7.1.2.8 of Miami 21 and in compliance with the extension of an existing T4 boundary line pursuant to Section 7.1.2.8(c)(1) of Miami 21, and a comprehensive plan change from Duplex Residential ("DR") to Low Density Restricted Commercial ("LDRC"). PROPERTY INFORMATION According to the enclosed survey prepared by Exacta Commercial Land Surveyors, dated December 12, 2014, the Property is approximately 6,704 square feet or 0.15 acres in area and consists of an existing one-story single family residence (the "Existing Structure"). The Existing Structure was originally constructed in 1925 and is currently in a state of disrepair. The Applicant seeks to develop the Property for accessory parking to support the proposed one-story retail structure to be located at the adjoining site at 1808 NW 17 Avenue Miami, Florida (the "Commercial Site"). Please note that the Commercial Site is zoned T6-8-O under Miami 21 and is not a part of the proposed rezoning and land use amendment Applications. The Property abuts the Commercial Site and a retail grocery store to the East, a single family residential structure to the West, a vacant parcel and a multifamily structure to the North, and various commercial uses, multifamily structures and duplexes to the South. MIA 184281245v1 GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM 333 S.E. 2nd Avenue • Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717 ANALYSIS FOR REZONING AND COMPREHENSIVE PLAN AMENDMENT As per Miami 21, the current zoning for the Property is T3-O. The Applicant requests to rezone the Property from T3-O to T4-L pursuant to the successional zoning requirements of Section 7.1.2.8 of Miami 21. The Applicant requests the extension of the existing T4 boundary line abutting the Property to the North, across NW 18 Terrace, pursuant to the provisions of Section 7.1.2.8(c)(1) of Miami 21 which permit the extension of an existing transect boundary line abutting the Property, please see Image 1 below. The proposed retail structure will be limited to the Commercial Site and the Property will be limited to accessory parking under the rezoned T4-L Transect. For the reasons outlined below, we believe the proposed rezoning is appropriate for this particular Property and should be approved. Image 1 H I L IUUH Search RexdYa TUA a 1. An analysis of the Property shows that the existing condition of the surrounding properties supports the rezoning to T4-L The Applicant proposes accessory surface parking at the Property to support the proposed retail building at the Commercial Site, zoned T6-8-O. Please note that retail uses are permitted by right at the Commercial Site under the T6-8 regulations. The Applicant proposes a unified site consisting of a retail building at the Commercial Site fronting NW 17th Avenue and accessory surface parking at the Property to support said retail use, see Image 2 below. The proposed T4-L transect designation, would allow retail uses by right and a maximum of three stories and 40 feet in height at the Property. NW 17th Avenue is classified as a Minor Arterial Roadway per Map TR-2 of the City's Comprehensive Neighborhood Master Plan, attached hereto as Exhibit "A." NW 17th Avenue is a major thoroughfare consisting of mainly commercial and retail uses including accessory surface parking facilities. As further depicted in the images below, the sites surrounding the Property contain a mixture of single -story commercial and retail structures. MIA 184281245v2 Image 2 This analysis considers the immediate surrounding properties including those sites that front onto NW 17th Avenue in the same manner as which the proposed unified site would. For example, please see the following sites as located within the immediate area of the Property and their current uses: • The property located at 1818 NW 17 Avenue, located approximately 50 feet from the Property, consists of a food market, Santa Barbara Produce, and a used tire retailer, Ceptor Tires Inc. As depicted in the following images, these establishments front NW 17 Avenue and NW 18 Terrace with direct vehicular access to the site along NW 18 Terrace. Please note that the tire retailer fronts directly onto NW 18 Terrace. MIA 184281245v2 • The property located at 1750 NW 17 Avenue, located approximately 75 feet from the Property, consists of a florist and religious retailer, Botanica Riviera, with a surface parking facility accessed through NW 18 Street. • The property located at 1830 NW 17 Avenue, located approximately 150 feet from the Property, consists of a food market and cafeteria, San Lorenzo Food Market, with parking facilities located at the rear of the site. • The property located at 1801 NW 17 Avenue, located approximately 150 feet from the Property, abutting the Commercial Site to the East, contains a thrift store, Guadalupe Dollar Store, Inc., with surface parking facilities located to rear of the Property and adjoining a single family residence. MIA 184281245v2 • The property located at 1860 NW 17 Avenue, located approximately 200 feet from the Property, consists of a bails bond service establishment, Miami Dade Better Bail Bonds with surface • arkin facilities located at the rear of the site. As depicted above, the Property and proposed unified development site (consisting of the Commercial Site and Property) abuts and is surrounded by single story commercial and retail uses with surface parking facilities located to the rear of the sites. Additionally, these properties contain access points not only at NW 17 Avenue but also through residential side streets. The various commercial sites located in the immediate areas surrounding the Property front NW 17 Avenue and extend West with surface parking lots that abut residential neighborhoods, similarly situated to the Property and the proposed retail development. Furthermore, many of said commercial sites front and provide direct vehicular access at residential side. As further detailed below, the Applicant proffers that the development of the proposed accessory parking lot at the Property will be limited by access via the Commercial Site and will provide further protections to the abutting residences through landscaping buffering and other requirements. The proposed rezoning to permit accessory parking to support retail uses is consistent with the abutting properties in the immediate area. 2. The zoning change request is only to the next intensity Transect Zone and maintains the goals of Miami 21 MIA 184281245v2 The proposed rezoning to the next intensity transect zone is being requested in order to accommodate accessory parking for the proposed retail uses on the Commercial Site which is consistent with the abutting retail developments. Accessory parking supporting retail uses are permitted at the Property under the proposed T4-L transect zone regulations and pursuant to the zoning interpretation, dated February 16, 2012, as issued by the City of Miami's Zoning Administrator and attached hereto to as Exhibit "B" (the "Zoning Interpretation"). Pursuant to the Zoning Administrator's interpretation, accessory parking is incidental and subordinate to the principal use. The Zoning Interpretation finds that accessory or incidental parking is permitted if the transect zone allows that specific use which will be supported by the proposed accessory parking. However, the principal use must also comply with the requirements of the particular Transect Zone. In this case, the Applicant proposes accessory parking at the Property to support retail uses at the Commercial Site pursuant to a unified development. As per Article 4, Table 3 of Miami 21, the T6-8 transect zone permits the proposed retail use at the Commercial Site. Second, pursuant to the Zoning Interpretation and the Use Chart of Miami 21, the proposed accessory parking at the Property, which is incidental and subordinate to the retail structures on the Commercial Site, comply with the T4-L transect zone regulations, as retail use is permitted as of right in the T4-L transect zone. Section 3 .6.3(b) of Miami 21 prohibits vehicular access through residential properties for nonresidential uses. As such, vehicular access to the proposed parking area on the Property will be primarily at NW 17th Avenue, through the Commercial Site, thereby reducing any vehicular access through the neighboring residential neighborhood and minimizing any potential impact to the near -by residential properties. Article 9 of Miami 21 requires submission of a landscaping plan for approval by the City for any new parking areas. Specifically, Section 9.7 of Miami 21 requires the provision of a landscaping buffer between dissimilar land uses. As such, the proposed surface parking area at the Property must incorporate specific and enhanced landscaping buffering at the rear property line to reduce any impact to the single family homes located to the rear of the Property. Accordingly, the restriction of vehicular access to the proposed retail development and parking areas through the primary frontage, through the Commercial Site at NW 17 Avenue, coupled with the landscaping buffering requirements of Article 9 of Miami 21, will serve to mitigate any potential impacts to the single family residence located to the West of the Property. 3. Comprehensive Plan Amendment The City's Future Land Use Map designates the Property as Duplex Residential ("DR"). The Applicant now proposes and hereby submits the enclosed Application for an amendment to the City's Future Land Use Map of the City's Comprehensive Neighborhood Plan ("Comprehensive Plan") from "DR" to Low Density Restricted Commercial ("LDRC"). The LDRC designation permits commercial uses including uses that "generally serve the daily MIA 184281245v2 retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways" including general retail, restaurants, cafes and other commercial uses which are consistent with the permitted uses under the T4-L Transect Zone. Accordingly, the Applicant's proposed accessory parking at the Property to support retail uses is permitted under the LDRC designation of the City's Comprehensive Plan. The abutting properties to the East are designated Medium Density Restricted, Commercial and the properties to the North are designated Restricted Commercial as depicted in Image 3 below. Accordingly, the Comprehensive Plan change to LDRC is consistent with the land use designations in the immediate surrounding areas. Image 3 Ouplx R.,;., h1..t0 R*-:: 4. Covenant Proposed by the Applicant will Ensure the use of the Property remains Accessory Parking for the Commercial Site Lastly, the Applicant will proffer a restrictive covenant to run with the land that will tie the Property to the approved development and restrict the use of the Property to the proposed accessory parking to support retail uses at the Commercial Site, attached hereto as Exhibit "C". As such, the Property shall be restricted from the development of additional height, intensity and density. This covenant will serve to further protect the surrounding residential uses. 5. Conclusion In light of the foregoing, the proposed accessory retail parking use at the Property, pursuant to the rezoning Application to T4-L and the Comprehensive Plan amendment to LDRC, is appropriate due to the location of the site in a commercial area, is in scale with the surrounding areas, is not contrary to the established land use pattern in the area, and is compatible with the surrounding uses because NW 17th Avenue is a major thoroughfare consisting of mainly commercial and retail uses with accessory parking facilities located at the rear. Furthermore, any MIA 184281245v2 potential impacts to residential properties in the area posed by the proposed accessory retail parking will be mitigated by the regulations governing and restricting vehicular access, landscaping and other requirements of Miami 21. A voluntary covenant to be proffered by the Applicant will further protect surrounding residential properties by restricting future development of the Property to the proposed accessory parking use. Pursuant to Article 7.1.2.8(c) (2) (g) of Miami 21, attached hereto as Exhibit "D", please find an analysis of the general planning principles and goals and objectives of the City's Comprehensive Plan finding that the proposed Comprehensive Plan Amendment and Rezoning of the Property are in conformity with the Comprehensive Plan, the established land use pattern for the adjacent properties in the area, and in scale with the needs of the neighborhood. Specifically, the attached analysis supports the Applicant's proposed Comprehensive Plan amendment and Rezoning as consistent with Miami 21's intent and the zoning and comprehensive plan designations for the adjoining properties and neighborhood. Enclosed please find the Comprehensive Plan Amendment Application, the Rezoning Application, a check payable to the City for the associated filing fees for the Applications, and a survey of the Property in connection with this submittal. If you require any additional information or would like to discuss further this request, please contact me at 305-579-0737. Thank you for your attention to and favorable consideration of this matter. cc: Mr. Daniel Abreu, Abreu Development, LLC Enclosures MIA 184281245v2 CITY OF MIAMI Map TR-2 Major T roughfares by Functional Classification (2004) LEGEND Principal Arterial Interstate - Urban Principal Arterial Freeways & Expressways - Urban V Other Principal Arterial- Urban / Minor Arterial - Urban Collector - Urban . / Local- Urban n City of Miami Boundary Miami -Dade County Ports Highways %\%Major Roads Local Ro ads Water THE CORRADINO GROUP Exhibit "A" Exhibit "B" CITY OF MIAMI OFFICE OF ZONING MEMORANDUM TO: Gilberto P� t tia, Attorney at Law FROM: Barnaby inn,, Zoning Administrator DATE: February 16, 012 RE: Zoning Interpretation 12-0001 This Zoning Interpretation is issued to clarify the procedures for accessory or incidental parking.' There are properties throughout the City of Miami ("City") that have dual zoning. Many of these properties have the principal use in one Transect Zone and the associated accessory parking in a second Transect Zone. The issue presented for this Zoning Interpretation is what requirements must a property comply with when its principal use is in one Transect Zone and its accessory parking is in a separate Transect Zone. Section 3.3.1 of Miami21 states that lots "assembled into one ownership that encompass more than one Transect Zone shall be developed according to the corresponding Transect regulation for each Lot." Accordingly, pursuant to Section 3.3.1, both Transect Zone requirements must be complied. When accessory parking is located in a Transect Zone, it is only authorized ifit complies with the requirements of that particular Transect Zone. Because accessory parking is incidental and subordinate to the principal use, the principal use must also comply with the requirements of the particular Transect Zone. To illustrate the issue, consider a property that has dual zoning of both a T6-8-O Transect Zone and a T4-R Transect Zone. Article 4, Table 3 of Miami21 indicates that general commercial uses .are allowed. by right in a .T6-8-0 Transect Zone but strictly prohibited in a T4-R Transect Zone. As Section 3.3.1 of Miarni21 indicates, both Transect Zone requirements must be complied with in order to allow the principal use of a general commercial use. Because the T4-R Transect Zone strictly prohibits general commercial uses, the accessory parking is likewise prohibited. There is a provision of Section 3.3.1 of Miami21 that arguably presents conflicting authority on this issue. Specifically, Section 3.3.1 of Miami21 also states that "T4 Lots adjacent to T5 or T6 Lots may provide parking for adjacent Lot uses, and shall follow all other T4 requirements including Liner requirements. Access for such parking shall be provided only through the T4- 0, T5 or T6 Lot." An inference can be made that because this section refers to parking in a T4 Lot for the adjacent lot, parking is thus allowed regardless of whether the principal use is allowed. This section,. however, must be read in conjunction with the remaining portions of Miami21, including the above -cited portion of Section 3.3.1. Accordingly, if the actual use is not allowed in the specific Transect Zone, the corresponding accessory parking is likewise not Accessory parking is parking that is customarily incidental and subordinate to the principal use. The terms _________ accessory_and_incidental_are_interchangeable_and-for--the-purposes_of-this-Zoning Interpretation, -the -term -accessory arkin -shall be used — Doc. No.: Docl (2) (2) (2) (5) (2) allowed, The language concerning T4 lots is meant to solely address uses that are allowed in a T4 Transect Zone. In addition to the statutory construction analysis above, deference must also he paid to the intent of Miami21 and the zoning atlas. Article 4, Table 1. of Miami21 indicates that T4 Transect Zones are "primarily residential urban fabric with a range of building types including rowhouses, small apartment buildings, and bungalow courts." T6 Transect Zones, on the other hand, "consists of the highest density and greatest variety of Uses." (Emphasis added). Accordingly, the intent of Miami21 is to have lower impact commercial uses In a T4 Transect Zone and keep it primarily residential. Parking for an associated use in a T6 Transect Zone which is of a higher density and more variety does not comply with this intent. In conclusion, accessory parking is only authorized in a Transect Zone if the principal use in which the parking is associated is also allowed in the specific Transect Zone.2 This interpretation shall be final unless appealed to the Planning, Zoning, and Appeals Board within 15 days of the date of its issuance. cc: Francisco Garcia, Director of Planning Victoria Mendez, Assistant City Attorney Office of Zoning Office of NET 2 This Zoning Interpretation is limited to the applicability of Article 4, Table 3 to accessory parking. Assuming the accessory parking is authorized, it must also comply with the remaining provisions of Miami21 including, but —not limited-to,-Article-3-with-respeet to -heat island -effects, -Article 5-with-respect to -design and -location criteria, and Article 9 with respect to landscaping requirements. Doc. No.: Docl (2) (2) (2) (5) (2) Prepared by and return to: Iris Escarra, Esq. Greenberg Traurig 333 Avenue of the Americas 44th Floor Miami, FL 33131 escarrai@gtlaw.com DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned ABREU DEVELOPMENT, LLC., a Florida limited liability corporation (collectively, the "Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the owner of that certain property located at 1725 NW 18 Street and 1729 NW 18 Street, in the City of Miami, Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, Owner proposes the development of a retail structure located at approximately 1818 NW 17 Avenue, in the City of Miami, Miami -Dade County, Florida (the "Commercial Site"); and WHEREAS, Owner is submitting applications for a Comprehensive Plan Amendment and Rezoning of the Property to allow for a surface parking area to provide accessory parking to the Commercial Site; and WHEREAS, Owner seeks to assure the City of Miami that the Property will be restricted to accessory parking to support the retail uses at the Commercial site. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Abreu Development, LLC., hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. MIA 184281754v1 EXHIBIT "C" 2. Surface Parking Restriction. Owner hereby restricts restrict the use of the Property to the proposed accessory parking to support retail uses at the Commercial Site. As such, the Property shall be restricted from the development of additional height, intensity and density. 3. Term. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the following: (i) then owners of the Property (or if any portion of the Property has been submitted to the condominium association governing such condominium in lieu of all of the owners thereof) AND (ii) the Directors of the Departments of Planning and Zoning of the City of Miami, or their respective designees or successors, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes herein intended. 4. Modification, Amendment, Release. This Unity of Title may only be modified, amended or released as to the Property, or any portion thereof, by a written instrument executed by the, then, owner(s) of the Property, including joinders by all mortgagees, if any, provided that the same is also approved in writing by the Zoning Administrator and the City Attorney, as to legal form. 5. Enforcement. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants in this Declaration. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/her attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 6. Law. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. This instrument is governed by the laws of the City of Miami, Miami -Dade County and the State of Florida. 7. Reservations. All rights, remedies and privileges granted herein shall be deemed to by cumulative and the exercise of any one or more shall neither be deemed to constitute an election or remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 8. Recordation. This Declaration shall be recorded in the Public Records of Miami - Dade County at the expense of the owners of the Property. The City of Miami Zoning Department, 444 SW 2nd Avenue, 4th Floor, Miami, Florida 33131 shall be furnished a copy within thirty (30) days of recordation. MIA 184281754v1 2 [SIGNATURE BLOCKS NEXT PAGES] MIA 184281754v1 Signed, sealed, executed and acknowledged on this day of A.D., 2015, at Miami, Florida. WITNESSES: ABREU DEVELOPMENT, LLC., a Florida limited liability corporation Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) By: Print Name: Daniel Abreu Title: Address: The foregoing instrument was acknowledged before me this day of , 2015, by Daniel Abreu, as of ABREU DEVELOPMENT, LLC., a Florida limited liability corporation; such person is (check one) [ ] personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in the county and state named above this day of , A.D., 2014. MIA 184281754v1 NOTARY PUBLIC, State of Florida Print Name: Commission No.: Commission Expires: 4 Exhibit "D" 1. Comprehensive Plan Goals, Objectives and Policies: • Goal L U-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. • Objective LU-1.1: Ensure that land and development regulations are consistent with fostering a high quality of life in all areas, including the timely provision of public facilities that meet or exceed the minimum level of service (LOS) standards adopted in the Capital Improvements Element (CIE) of the Miami Comprehensive Neighborhood Plan. • Policy LU-1.1.1: Development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the Capital Improvements Element, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami -Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(i), F.S. • Policy LU-1.1.3: The City's zoning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities; (3) transportation policies that divide or fragment established neighborhoods; and (4) degradation of public open space, environment, and ecology. Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations. • Policy LU-1.1.7: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. MIA 184279518v1 • Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designations. • Objective LU-1.3: The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well -designed, mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). • Policy LU-1.3.1 S: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. • Policy LU-1.4.9: The City will continue to promote rehabilitation and adaptive reuse of vacant and underutilized spaces and provide incentives for rehabilitation of older buildings in downtown. • Objective LU-1.6: Regulate the development or redevelopment of real property within the city to insure consistency with the goals, objectives and policies of the Comprehensive Plan. • Policy LU-1.6.9: The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements. • Policy LU-1.6.10: The City's land development regulations and policies will allow for the provision of safe and convenient on -site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. • Objective L U-3-1: Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas or Urban Redevelopment Areas to facilitate redevelopment. • Policy LU-3.1.1: Continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment with a mix of uses in Urban Infill Areas or Urban Redevelopment Areas and, if not, revise said existing zoning regulations or adopt new zoning regulations to promote redevelopment. MIA 184279518v1 2. Miami 21 Purposes and Intent. • It furthers the purpose of the Miami 21 Code to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City and to provide a wholesome, serviceable, and attractive community, including without limitation protection of the environment; conservation of land, energy and natural resources; improved mobility; more efficient use of public funds; greater health benefits of a pedestrian environment; historic preservation; provision of recreational and open spaces; reduction of sprawl; and improvement of the built environment and human habitat. • Improving the relationship between low Density Residential neighborhoods and adjacent Commercial Corridors with appropriate transitions of Density and Height following the theory of the Transect • A diversity of land use should be distributed throughout the City to enable a variety of economic activity, workplace, residence, recreation and civic activity. • Development should adequately accommodate vehicles while respecting the pedestrian and the spatial form of public space. MIA 184279518v1 COMPREHENSIVE PLAN APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing boards r~ Welcome to the City of Miami! This application is intended to serve as a guide in assist yc 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 Planing;,`_: Zoning and Appeals Board and the City Commission. The application submittal date is they ` date stamped by Hearing Boards' staff on this page. The responses to this applicationmust be typed and signed in black ink. All pertinent and accurate information/documentatior.,?i.e.,_ the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid reipt._ The applicant is responsible for the accuracy of the information contained in the applicatior5^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%x11") 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. MIA 184265672v1 COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. Applicant(s): Iris Escarra, Esquire on behalf of 1808 FD, LLC ti 2. Subject property address(es) and folio number(s): 1725 NW 18 Street and 1729 NW 18`.Street 3. Present designation(s): Duplex Residential 4. Future designation(s): Low Density Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? no 7. Do you own any other property within 200 feet of the subject property? yes If yes, has the property been granted a Land Use Change within the last year? no 8. One (1) original, two (2) 11x17" copies and one (1) 8'hx11 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. 9. 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. 10. 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. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. 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. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev. 07-2013 2 MIA 184265672v1 COMPREHENSIVE PLAN APPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? 0.15 acres 20. What is the purpose of this application/nature of proposed use? Land use change 21. 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 22. 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 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. no 24. What would be the anticipated duration of the presentation in front of the: X Planning, Zoning and Appeals Board 15 min and/or x City Commission 15 mins 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package *Fees over $25, 0QQ. 00, sl l be paid in the/orm of a certified check, cashier's check, or money order. $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 Signature Name Telephone 305-579-0737 Iris Escarra, Esquire STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 15 , by Iris Escarra Address 333 SE 2nd Avenue Miami, Florida 33131 E-mail escarrai(a gtlaw.com day of January who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced _ as identification and who did (did nan oath. (Stamp) Signature MAM;550i- RODRIGUEZ tilcliy Public - State of Florida My Comm. Expires Sep 27, 2018 Commission # FF 153039 Rev. 07-2013 MIA 184265672v1 COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Iris Escarra, Esquire , 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, X 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 submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Iris Escarra Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 15 , by Iris Escarra A licant(s) Signature day of January who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did nbtake an oath. (Stamp) °,,,,,, MARISOL RODRIGUEZ __ Notary Public - State of Florida My Comm. Expires Sep 27, 2018 .•� Commission # FF 153039 Rev. 07-2013 MIA 184265672v1 4 COMPREHENSIVE PLAN 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) 1808 FD LLC Percentage of Ownership See attached Exhibit °B" Subject Property Address(es) 1725 NW 18 Street and 1729 NW 18 Street See attached Exhibit "A" 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): 1808 NW 17 Avenue Legal Description(s): BELLEVUE SUB PB 3-119 W123FT OF E133FT OF LOT 49 & W123FT OF E133FT OF LOT 50 L�C Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing as acknowledged before me this k day of January 20 15 , by L) t.'_ ' //6-c-c‘,2//id bon- ce .1/",€.4.t-- who is a(n) individual/partner/agent/corporation of / Sr'6) f >j < 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. /-4 / 6( SignaturO (Stamp) lAiiTi E FhERNAND,..E. MY COMM SSION EXPiRES January 24, 2016 1 3318-0153 Fk idaNateryServiee.c or Rev. 07-2013 MIA 184265672v1 5 Exhibit "B" 1808 FD LLC is managed by: Abreu Development LLC which is owned by: Daniel Abreu 50% Grisel Abreu 50% MIA 184269411v1 111111111111111111111111111111111111111111111 This Document Prepared By and Return to: Jackie Castrillon Guaranty Title & Abstract, LLC 606 E. Broward Blvd., Fort lauderdale, FL 33301 Parcel ID Number: 01-3134-013-0380 Warranty Deed CFN 2014R0802327 OR 8k 29398 Pss 3665 - 3667; (3ass) RECORDED 11/20/2014 10:58:44 DEED DOC TAX 1r236.00 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA This Indenture, Made this day of November, 2014 A.D., Between Maria Elsa Perez, a single woman and Elsa Perez, a married woman, Joined by her husband Juan Perez of the County of Miami -Dade , State of Florida, grantors, and 1808 FD LLC, a Florida limited liability company whose address is: 14011 SW 20th Street , Miami, FL 33175 of the County of Miami -Date , State of Florida, graniee. Witnesseth that the GRANTORS, for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTERS heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Miami -Dade State of Florida to wit: Lot 47, less the East 17 feet thereof, Bellevue Subdivision, according to the map or -plat thereof, as rdcorded_in Plat Book 3, Page(s) 119, less the "North 5 feet thereof of the '.Public' Records of Miami -Dade County, Florida. • and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. Iti Witness"Whereof, the grantors have hereunto set their hands and seals the day and year fast above written. 14-1006 Book29398/Page3665 CFN#20140802327 Page 1 of 3 Signed, sealed and delivered in our presence: .e `J 0 111-f A er-// D Printed Name: �Je/UF)'3 � t11;1/4 S Witness Print d Name: Witness ed Name: Witness ri ed Witness H. 01 ri-kiazr7 Printed Name: 7cm- - (I41d Witness Vig (mil) Mari Elsa Perez P.O. Address: 1600 Carollten Avenue 13, Metairie, LA 164 5 (Seal) Elsa Per P.O. Add , Miami, FL 33125 (Seal) STATE OF Louisiana COUNTY OF Jefferson The foregoing instrument was acknowledged before me this Maria Elsa Perez, a single woman who are personally known to me or who have produced their 14-1006 Juan Perez P.O. Address: 1719 NW lath Street, MlauI, FL 33125 "14— l%yofNovember, 2019 by 411C,/ 42-1,Leps....-1, 't1_ ' Name: No - .y Public Celedonia L. McPherson You* Public, ID # 85389 My Commission is for life My Commission Expires: Book29398/Page3666 CFN#20140802327 Page 2 of 3 OR BK 29398 PG 3667 LAST PAGE STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this day of NoveMber, 2014 by Elsa Perez and Juan Perez who is personally known to me or who has produced Florida driver's license as i tlification. 14-1006 f YADIM BORGES MY COMMISSION t FF 07098Z EXPIRES: November 18, 2017 Bonded Taro Budged Notary Services Printed Name: Notary Public My Commission Expires: /7 / �/ / Book29398/Page3667 CFN#20140802327 Page 3 of 3 ( t„ *�) 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 * 1808 FD LLC Application Phone * 305-345-7475 Application Email * DG@candeladev.com Application Address * 1725 and 1729 NW 18 Street Contact Fields Information Contact Name * Iris Escarra, Esquire Contact Phone * 305-579-0737 Contact Email * escarrai@gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3134-013-0390 Additional Folio Number 01-3134-013-0380 Total Acreage * .15 Proposed Land Use/Zoning * Low Density Restricted Commercial Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 5 Total # of Units * 5 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local govemment 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: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local govemment shall input 20 units in the CMS (net difference between the 20 units vested Tess the newly proposed 4 units). Required Fields for Application * .. Iris Escarra, Esquire Owner(s)/Attomey/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The oregoing was acknowledged before me this 20 I by day of who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally mho has produced as identification and who did (did not) take an oath. (Stamp) Signature MakISUL RODRIGUEZ4 Notary Public • State o27orid • 2018 • My Comm. Expires Sep °' Commission # FF 153039 CITY OFMIAMI „;• , DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO a)# ?� 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: HOME ADDRESS: CITY: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE: Florida ZIP: HOME PHONE: CELL PHONE: FAX: EMAIL: BUSSINESS or APPLICANT or ENTITY NAME 1808 FD LLC BUSINESS ADDRESS: 14 011 SW 20 ST (Address Line 1) Miami, Fl 33175 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or co 'nee. Rezoning of properties located at 1725 and 1729 NW 18 Street, Miami, Florida 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? 0 YES Q 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 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. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. n/a 5. Describe what is being requested in exchange for the consideration. 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 board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: t1' Signature Sworn to and subscribed before me this day of /4:d £)4 -/- , 20Q d y - . The foregoing instrument was acknowledged before me by -Dail t` .� , who has produced as identification and/or ispersonally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI - MY COMMISSION '4AYTEIa EXPIRES: y COMMESSi;;;>y a: EXPIRES January>'r 4 za, a0ir Enclosure(s) Notary Print Name Doc. No.:86543 Page 2 SKETCH OF RECORD SURVEY OF: 1 725-1 729 N.W. 18th STREET, MIAMI, FL. )Emu LIEMIFCAMN PLAT BOW (^) Eranns WNW — osrw.a &sea ON PAIS Of RECORD (N) Moro Km. ARO 05TANCE Balm (rl ON � MORBMMOSOIau OLLOMACRT OF MM. UMW. ARM CAP DOM.= NEM TAPE MOE/ WARM • ILIVATION • TAMERSE PONT n*OW Malt ROLE CEMDTOPE • o CONCRETE POWIR POLL • *AIM MOIE OAS MUM • STOW IRAN 1 WANT. T. MTV vrirA • LA ors B*E20 TEe VIEW 1 Not TO SCALE MOIL DESCRPTIOPO NW TBMN'Nrrate Nw 1B11i BI low IMN ter,, VICINI7YMAP AOY 0 SCALE (v♦ax:t ow.m d IWO al TOe¢uww) ( Zan w Ei, n �oiIR, .nLr E, ,,XOBrMt ♦ccow.sc . v / .. (FOLV No.. 00 0I00 e(a ax0) ) i _ _ ,s b.t N.NNBNN Eo ,M au. MERE�a. 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