HomeMy WebLinkAboutPZAB 6-17-15 Supporting DocumentationPZAB.2
File ID:
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Planning & Zoning:
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
15-00084zc 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 T3-R/NCD-3 "SUB -URBAN
TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION
DISTRICT 3" AND T5-R/NCD-3 "URBAN CENTER TRANSECT ZONE
RESTRICTED/ NEIGHBORHOOD CONSERVATION DISTRICT 3" TO T4-
R/NCD-3 "GENERAL URBAN TRANSECT ZONE RESTRICTED/
NEIGHBORHOOD CONSERVATION ZONE 3" AND T5-R/NCD-3 "URBAN
CENTER TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD
CONSERVATION DISTRICT 3", FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3581 EAST GLENCOE STREET, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Approximately 3581 E Glencoe Street [Commissioner Marc Sarnoff- District 2]
Javier Fernandez, Esquire, on behalf of Grove Bay Properties, LLC
150 West Flagler Street, Suite 2200
Miami, FL 33130
305-789-5301
This will allow a zoning classification change for the above property from "T3-
R/NCD-3" and "T5-R/NCD-3" to "T4-R/NCD-3" and "T5-R/NCD-3".
Recommends approval. Item includes a covenant.
See companion File ID 15-000841u.
Planning, Zoning and
Appeals Board: Continued from March 24, 2015. Deferred from May 20, 2015.
City of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS FOR
CHANGE OF ZONING
FILE ID: 15-00084zc
PROJECT ADDRESS: 3581 East Glencoe Street
APPLICANT: Javier Fernandez, Esq., on behalf of Grove Bay Properties, LLC
COMMISSION DISTRICT: District 2 NET OFFICE: North/East Coconut Grove
ZONING DESIGNATION: T3-R/NCD-3 and T5-R/NCD-3
GENERAL INFORMATION:
REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the applicant
requests a Change of Zoning for the northern portion of a split zoned property located at 3581
E. Glencoe Street. The lot is zoned T3-R/NCD-3 (Sub -Urban Transect-Restricted / Neighborhood
Conservation District-3) and T5-R/NCD-3 (Urban Center Transect - Restricted/Neighborhood
Conservation District-3). The applicant proposes to rezone the northern portion of the lot from
T3-R/NCD-3 to T4-R/NCD-3 (General Urban Transect-Restricted/NCD-3).
BACKGROUND:
The subject area consists of one lot of approximately 0.83 acres. The property is currently
developed as "Bay Colony Condo" with two, two-story structure containing 18 dwelling units
detached covered and uncovered parking areas and a swimming pool. The parcel is bifurcated
by two zoning designations; the northern portion of the parcel is zoned T3-R/NCD-3, and contains
12 units, and the southern portion is zoned T5-R/NCD-3, and contains six (6) units. The lot is
generally bounded by S. Bayshore Drive to the north, Biscayne Bay to the south, E. Glencoe
Street and S. Bayshore Court to the west, and Halissee Street to the east. The complete legal
description of the property is on file with the Hearing Boards Section.
The property was previously split zoned in the same north to south fashion as it exists today under
the 11000 Code. The northern portion of the site was zoned "R-1" (Single Family Residential) and
"R-3" (Multi -Family Medium Density Residential) with a SD-18.1 Overlay. The site was
subsequently rezoned on April 2010 under Miami 21 to T3-R for the northern portion and T5-R
for the southern portion, with a NCD-3 overlay over the whole property.
The applicant is proposing a change of zoning from T3-R/NCD-3 (Sub-Urban-Restricted/NCD-3)
to T4-R/NCD-3 (General Urban Transect-Restricted/NCD-3) for the northern portion of the lot.
The southern portion of the lot will remain T5-R/NCD-3.
The application was originally scheduled before the Planning, Zoning, and Appeals Board (PZAB)
on March 24, 2015 where the applicant asked for and received a continuance to May 20, 2015.
At the May 20, 2015 meeting of PZAB, the application was again continued by the board due to
new information that was submitted to staff shortly before the May 20, 2015 meeting.
COMPREHENSIVE PLAN:
The requested zoning change is inconsistent with the current Miami Comprehensive
Neighborhood Plan (MCNP) designation for the properties. As such, the applicant has submitted
an application to amend the land use designation from "Single Family Residential" to "Low Density
Multifamily Residential" for the northern portion of the lot, as a companion item.
ZONING
Subject Property:
EXISTING NEIGHBORHOOD CHARACTERISTICS:
FUTURE LAND USE DESIGNATION
Subject Property:
T3-R/NCD-3 (Sub -Urban Transect-Restricted Single -Family
Neighborhood Conservation District 3) and Maximum of 9 D.U. per acre and
T5-R/NCD-3 (Urban Center Transect-Restricted Med. Density Multifamily Residential
Neighborhood Conservation District 3) Maximum of 65 D.U. per acre
Surrounding Properties
NORTH: T3-R/NCD-3 (Sub -Urban Transect Single -Family Residential
Restricted/NCD-3) Maximum of 9 D.U. per acre
SOUTH: T5-R; Urban Center Transect Med. Density Multifamily Residential
Restricted/NCD-3) Maximum of 65 D.U. per acre
EAST: T3-R/NCD-3 (Sub -Urban Transect Single -Family
Restricted/NCD- 3) and Maximum of 9 D.U. per acre
T5-R/NCD-3 (Urban Center Transect Med. Density Multifamily Residential
Restricted/NCD-3) Maximum of 65 D.U. per acre
WEST: Cl/NCD-3 (Civic Institution and Maximum of 9 D.U. per acre
Neighborhood Conservation District 3 Major Institutional, Public Facilities
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 rezoning: A change may be made only to the next intensity Transect Zone or by a
Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code
to preserve Neighborhoods and to provide transitions in intensity and building heights.
Analysis: The proposed Change of Zoning is only for the northern portion of the lot from
"T3-R/NCD-3" to "T4-R/NCD-3". The southern portion will remain "T5-R/NCD-3".
File Id. 15-00084zc
Page2of3
The proposed rezone request, with consideration given to the restrictive covenant
submitted by the applicant would not be inconsistent with the goals of the Miami 21
Code. The request, with restrictions through the covenant, is compatible with the
abutting single-family zoning district and neighborhood directly north of the site in
regard to density and intensity. Furthermore, with respect to Appendix A, Section 3.2
of Miami 21 regarding the NCD-3 (Neighborhood Conservation District-3), which is an
overlay designed to protect the architectural variety within the unique single family
neighborhood that compromises Coconut Grove, the restrictive covenant would limit
development to an intensity that that conforms to the existing buildings on the site.
The proposed rezoning from the T3-R/NCD-3 to T4-R/NCD-3 would provide a
transition in height and intensity between the T3-R parcels to the north and the T5-R
bayside portion of the property (explain how) which is consistent with the intent of the
Miami 21 Code. While the lot is split zoned T3-R/NCD-3 and T5-R/NCD-3, rezoning
the T3-R/NCD-3 portion of the lot to T4-R/NCD-3 will increase residential density from
9 units per acre to 36 units per acre, this is triple the current residential density allowed.
The restrictive covenant submitted by the applicant would limit development intensity
that would provide proper transitions between differing Transect Zones. The analysis
is based on the restrictive covenant which limits development on the proposed T4-
R/NCD-3 portion of the parcel to a maximum of 12 units (as exists today), limits
development on the entire parcel to 26 units, limits the uses allowed on the entire
parcel, limits the height of the portion of the site abutting the T3-R/NCD-3 zone and
"Single Family Residential" land use, and establishes setbacks next to the "Single
Family Residential" land use that are greater than what is required. Therefore, the
highest potential use is being considered.
Finding: Consistent with the intent of the Miami 21 Code
CONCLUSION:
As discussed above, the applicant has submitted a restrictive covenant to reduce potential
impacts of the rezoning from T3-R/NCD-3 to T4-R-NCD-3. Therefore, staff is believes that the
potential for deleterious impacts has been mitigated by the restrictive covenant attached to the
proposed rezoning. With consideration to the fact that the site currently has buildings of a higher
density and intensity than the surrounding single-family uses, staff feels that the restrictive
covenant provides sufficient limitations that will ensure any future development does not exceed
existing conditions.
RECOMMENDATION:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned
findings, the Department of Planning and Zoning recommends approval of the applicant's request
of the proposed rezoning as presented from T3-R/NCD-3 to T4-R/NCD-3. The requested change
of zoning is an intrusion of a higher density and intensity to the neighboring properties.
Christopher Brimo, AICP
Chief of Land Development
J. Ellis
June 4, 2015
File Id. 15-00084zc
Page 3of3
MIAMI 21 MAP (PROPOSED)
,; \ ..... MENTAL
rPRESERVATION'51
ENVIRONMENTAL" .
PRESERVATION -52 ...
Coconut Grove Neighborhoo
Conservation`District'
N
0 125 250
500 Feet
1 1 1 1 1 1 I 1 1
ADDRESS: 3581 E GLENCOE ST, MIAMI, FL 33133
MIAMI 21 MAP (EXISTING)
ENVIRONMENTAL. y'
PRESERVATION =52
0 125 250
...........
BAYSHORE CT
500 Feet
ADDRESS: 3581 E GLENCOE ST, MIAMI, FL 33133
0 125 250
I
500 Feet
IIIII 1 1 I
ADDRESS: 3581 E GLENCOE ST
This instrument was prepared and
after recording return to:
Name: Javier E. Fernandez, Esq.
Address: Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 W. Flagler Street, 22nd Floor
Miami, FL 33130
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") is made this day of
, 2015, by BAY COLONY LEASEHOLD, LLC (hereinafter, the "Owner"), a Florida limited
liability company, its successors and/or assigns, in favor of the CITY OF MIAMI, FLORIDA, a
municipality located within the State of Florida (hereinafter, the "").
RECITALS
WHEREAS, the Applicant is the contract purchaser of that certain parcel(s) of land commonly
referred to as 3581 E. Glencoe Street in Miami, FL, as more particularly described in Exhibit "A"
attached hereto (the "Property"); and
WHEREAS, in January of 2015, the Applicant filed applications requesting: (i) an amendment
to the Comprehensive Plan re -designating the Property from "Single Family Residential' and "Medium
Density Multifamily Residential" to "Low Density Multifamily Residential" and "Medium Density
Multifamily Residential" on the City's Future Land Use Map ("FLUM Amendment"); and (ii) a
rezoning of the Property from T3-R/NCD-3 "Sub -Urban Transect Zone Restricted/Neighborhood
Conversation District 3" and T5-R/NCD-3 "Urban Center Transect Zone Restricted/Neighborhood
Conservation District 3" to T4-R/NCD-3 "General Urban Transect Zone Restricted/Neighborhood
Conservation District 3" and T5-R/NCD-3 "Urban Center Transect Zone Restricted/Neighborhood
Conservation District 3" (the "Zoning Atlas Amendment") (collectively, the "Application"); and
WHEREAS, the Owners submit this Declaration, a recordable agreement in favor of the City, for
the purpose of guaranteeing that the future redevelopment of the Property shall be consistent with the
standards set forth herein below.
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 a covenant running with the
land and binding upon the Owner of the Property, and its heirs, successors, vendees, and assigns as
follows:
Section 1. The recitals set forth above are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. The Owner hereby makes the following voluntary declarations running with the
land concerning the Property:
A. Permitted Uses. The uses on the Property shall be limited to residential uses.
Notwithstanding the rezoning of the Property to the T4-R Transect Zone, the following uses
are prohibited: lodging and educational uses.
B. Residential Density. Notwithstanding the rezoning of the Property to T4-R and T5-R
Transect Zone designations, which designations would otherwise permit the development of
up to forty-one (41) dwelling units, not more than twenty-six (26) dwelling units shall be
permitted on the Property. The Owner further covenants that the total number of dwelling
units constructed on the T4-R portion of the Property shall not exceed twelve (12) dwelling
units, which number of dwelling units is equivalent to the number units found on said portion
of the Property as of the effective date of this Declaration.
C. Height & Massing. The maximum height permitted for the development of the Property shall
be as follows: (i) thirty-eight feet (38') above the base flood elevation to the top the primary
roof of any building or structure located on the T4-R designated portion of the Property,
excluding any ornamental features or architectural projections; and (ii) the maximum height
permitted under the Miami 21, as amended through May 2015, for portions of the Property
designated T5-R.
D. Setbacks. Any building constructed on T4-R designated portions of the Property shall
maintain a minimum setback of twenty feet (20') from the property line shared with the
abutting T3-R denominated parcel, whose street address of 3551 E. Glencoe Street, Miami,
FL (Folio No. 01-4114-008-0170).
E. Design Development Documents. Owner covenants that the construction of all future
improvements on the Property shall be in compliance with all applicable requirements of the
City Charter, City Code and Miami 21.
Section 3. Effective Date. The provisions of this Declaration shall become effective upon
their 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.
Section 4. Term of Declaration. This Declaration shall remain in full force and effect for
a period of thirty (30) years from the date this instrument is recorded in the Public Records, after which
time they shall be automatically extended for successive periods of ten (10) years, unless modified,
amended or released prior to the expiration thereof and in accordance with the terms of Section 5.
Section 5. Amendment & Modification. This Declaration may modified, amended, or
released as to any portion of the Property by a subsequent written instrument executed by the then
Owners of the Property to be affected by such modification, amendment or release and providing the
same has been approved by the Miami City Commission following a public hearing, which costs of the
application and notice for such public hearing shall be paid by the Owner. Any modification, amendment
or release of this Declaration shall be subject to the approval as to legal form by the City Attorney.
Section 6. Inspection & Enforcement. An enforcement action may be brought by the City
or by any person residing or working within five (500) feet of the Property, by action in law or in equity
against any party or person violating or attempting to violate any covenants of this Declaration, or
provisions of the building and zoning regulations, either to restrain or to recover damages. The prevailing
party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. The preceding
section shall not apply in any action or suit against the City of Miami. This enforcement provision shall
be in addition to any other remedies available under the law.
Section 7. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of the Declaration, which shall remain in full effect.
Section 8. Recordation. This Declaration shall be promptly filed of record among the
Public Records of Miami -Dade County, Florida, at the Owner's sole cost and expense immediately
following the City Commission's final adoption of the FLUM Amendment and Zoning Atlas Amendment
and the expiration of any applicable appeal periods for such development orders. The Owner shall
provide the City's Zoning Administrator with a certified copy of the recorded Declaration within thirty
(30) days of its recordation.
[ SIGNATURE PAGES TO FOLLOW ]
Witnesses: BAY COLONY LEASEHOLD, LLC
Signature
Print Name
Signature
Print Name
State of Florida
Miami -Dade County
By:
Name:
Title:
The foregoing instrument was acknowledged before me by
of Bay Colony Leasehold, LLC, a Florida limited liability company. He is
personally known to me or has produced , as identification.
Witness my signature and official seal this
State aforesaid.
as
day of 2015, in the County and
Notary Public State of Florida
My Commission Expires: Print Name
APPROVED
FRANCISCO J. GARCIA IRENE S. HEGEDUS
Director of Planning & Zoning Zoning Administrator
APPROVED AS LEGAL FORM
AND CORRECTNESS:
VICTORIA MENDEZ
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 1, Block 5, and Lots 18 through 22, both inclusive, Block 2, GLENCOE, according to the
Plat thereof, as recorded in Plat Book 5, Page 119, of the Public Records of Miami -Dade County, Florida.
#4276368 vl
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00084zc 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 T3-R/NCD-3 "SUB -URBAN TRANSECT ZONE
RESTRICTED/ NEIGHBORHOOD CONSERVATION DISTRICT 3" AND T5-R/NCD-3
"URBAN CENTER TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD
CONSERVATION DISTRICT 3" TO T4-R/NCD-3 "GENERAL URBAN TRANSECT
ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION ZONE 3" AND
T5-R/NCD-3 "URBAN CENTER TRANSECT ZONE RESTRICTED/
NEIGHBORHOOD CONSERVATION DISTRICT 3", FOR THE PROPERTY LOCATED
AT APPROXIMATELY 3581 EAST GLENCOE STREET, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 3581 E. Glencoe Street [Commissioner Marc Sarnoff -
District 2]
APPLICANT(S): Javier Fernandez, Esquire, on behalf of Grove Bay Properties, LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a
covenant. See companion File ID 15-000841u.
PURPOSE: This will allow a zoning classification change for the above property from
"T3-R/NCD-3" and "T5-R/NCD-3" to "T4-R/NCD-3" and "T5-R/NCD-3".
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 17, 2015,
following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item
no. *, recommending * of the Zoning Change as set forth; and
WHEREAS, the proposed zone change is not in harmony with the requested land use pattern
and the adjacent and nearby districts; and
WHEREAS, the proposed zone change is out of scale with the needs of the neighborhood or
the city; and
WHEREAS, there are not changing conditions making the passage of the proposed change
necessary; and
WHEREAS, there are not substantial reasons why the use of the property is unfairly limited
under existing zoning; and
City of Miami
Page 1 of 3 File Id: 15-00084zc (Version: 1) Printed On: 6/8/2015
File Number: 15-00084zc
WHEREAS, the proposed zone change will not contribute to the improvement of development
of properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed zone change will not convey the same treatment to the individual
owner as to the owners within the same classification and the immediate area and furthers the
protection of the public welfare; 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 * this change of
zoning classification 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. The Zoning Atlas of Ordinance No. 13114, as amended, is * further amended by
changing the zoning classification of the northern portion of a split zoned property from T3-R / NCD-3
(Sub -Urban Transect Zone Restricted / Neighborhood Conservation District 3) to T4-R / NCD-3
(General Urban Transect Zone Restricted/ Neighborhood Conservation District 3) located at
approximately 3581 East Glencoe Street, Miami, Florida, as described in "ExhibitA", 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:
City of Miami Page 2 of 3 File Id: 15-00084zc (Version: 1) Printed On: 6/8/2015
File Number: 15-00084zc
{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: 15-00084zc (Version: 1) Printed On: 6/8/2015
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 1, Block 5, and Lots 18 through 22, both inclusive, Block 2,
GLENCOE, according to the Plat thereof, as recorded in Plat Book 5, at
Page 119, of the Public Records of Miami -Dade County, Florida.
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
March 10, 2015
Ms. Olga Zamora
Administrator, Division of Hearing Boards
Department of Planning & Zoning
City of Miami
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130
Javier E. Fernandez
150 West Flagler Street, Suite 2200
Miami, FL 33130
Direct: (305) 789-3501
Fax: (305) 789-2620
Email: jefernandez@stearnsweaver.com
Re: Grove Bay Properties, LLC — Application for Future Land Use Map Amendment & Rezoning
Subject Property: 3581 E. Glencoe Street, Miami, FL
Dear Ms. Zamora:
Our firm represents the contract purchaser, Grove Bay Properties, LLC ("Developer"), of a property
located at 3581 E. Glencoe Street, Miami, FL (the "Property"). The site is bounded on the North by Halissee
Street, Biscayne Bay to the East, and E. Glencoe Street and S. Bayshore Court to the West and South,
respectively. Developer intends to redevelop the Property as a 20-unit, luxury, condominium building with
parking and related amenities.
In order to advance the proposed development concept, the Developer will need to procure the
following land use approvals: (i) a Future Land Use Map ("FLUM") amendment from the present split land use
designation of Single Family Residential and Medium Density Multifamily Residential to Low Density Multifamily
Residential and Medium Density Multifamily Residential (the "FLUM Application"); (ii) a rezoning of the
Property's present split zoning designation of Sub -Urban Transect Zone Restricted (T3-R) and Urban Center
Transect Zone Restricted (T5-R) with a Coconut Grove Neighborhood Conservation District Overlay (NCD-3) to
General Urban Transect Zone Restricted (T4-R) and T5-R with an NCD-3 (the "Zoning Application"); and (iii) a
modification to the Waterfront Setback standards set forth in Section 3(mm)(ii) of the City of Miami Charter (the
"Charter") pursuant to the authority provided in Section 3(mm)(iii) of the Charter in exchange for certain public
benefits that will enhance direct public access to the waterfront (the "Setback Application").
Future Land Use Amendment
The FLUM Application is consistent with the Miami Comprehensive Neighborhood Plan ("MCNP").
Specifically, the amendment requested in the FLUM Application advances the following goals, objectives and
policies of the MCNP:
1. Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the
City's neighborhoods;... (5) promotes the efficient use of land and minimizes land use conflicts while
protecting and preserving residential sections within neighborhoods;...
MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASS' E
March 10, 2015
Page 2
The FLUM Application protects and enhances the quality of life in the City neighborhoods by improving
the condition of the built environment via the replacement of an outdated structure with a building of greater
economic and architectural value. The proposed redevelopment will further expand public access to Biscayne
Bay through the creation of a recreational amenity on the bay front. In addition, the FLUM Application will
advance a more efficient use of the more intense (waterside) portions of the Property and utilize the less intense
(landside) portions in a manner that provides for a transition to the abutting, single-family residential sections of
the neighborhood.
2. 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...Strategies to further protect existing
neighborhoods through the development of appropriate standards and buffering requirements will
be incorporated into the City's land development regulations.
The proposed FLUM amendment for the Property is consistent with above policy as it will situate a
compatible residential land use of Low Density Multifamily Residential designation between parcels designated
Single Family Residential and Medium Density Multifamily Residential, which designations permit markedly
different densities and building heights. The adoption of the proposed amendment will advance the standards,
buffering requirements, and design review criteria in Miami 21, specifically Art. 4, Table 12 and Section
7,1.2.8.
3. Policy CM-1.1.9: Site development criteria will ensure that development within the Coastal Zone
will not adversely affect the natural environment or lead to a net loss of public access to City's
natural resources.
The FLUM Application will greatly expand public access to a natural resource, Biscayne Bay. Adoption
of the proposed amendment will facilitate the redevelopment of the Property in a manner that will permit the
construction of a public bay walk along the waterfront, thereby expanding access to the City's natural resources,
4. Goal CM-2: Improve public awareness, appreciation, and use of Miami's coastal resources by
preserving water -dependent and water -related uses, ensuring adequate public access to such uses,
and minimizing user conflicts.
Objective CM-2.1: Wherever feasible, increase physical and visual access to Biscayne Bay...
Policy CM-2.1.1: Where appropriate...future land development regulations will
require... redevelopment to maintain public access to the coastal and Miami River shorelines.
Policy CM-2.1.3: The City will...continue to require the development of the bay walk...along
private property through its land development regulations.
As noted above, approval of the FLUM Application would advance the above -stated goals, objectives,
and policies through the resulting redevelopment of the site and the incorporation the public bay front
improvements required under the applicable provisions of the City Charter and Miami 21. In addition to the
foregoing policies, the FLUM Application also serves to implement the desired outcomes of Policies CM-2.1 .b
and CM-2.1.7.
5. Goal CM-4: Ensure public safety and protection of property within the Coastal Zone from the threat
of hurricanes.
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, r.A.
March 10, 2015
Page 3
Objective CM-4.1: Minimize the potential for loss of human life and the destruction of properly the
hurricanes.
Policy CM-4.1.1: Enforce building code standards that protect against the destruction of
structures by hurricane winds and tidal swells.
Objective CM-4.3: Minimize the potential for loss of human life and destruction of properly from
hurricanes in the Coastal High Hazard Area.
Adoption of the proposed FLUM amendment will allow for the redevelopment of a site and the
replacement of a residential building originally constructed in 1958. Redevelopment of the Property will result in
the construction of a modern building that will meet existing building codes and meet newly required elevations.
The construction of a modern structure and newly mandated elevations will minimize the potential for loss of
human life and destruction of property by hurricanes.
Zoning Amendment
As noted above, the rezoning of a portion of the Property is required to advance the Developer's
intended development plan. The Rezoning Application meets the minimum requirements set forth in Section
7.1 .2.8.c,1 of Miami 21 as the Property has in excess of 200 feet of Frontage along Halisssee Street. Pursuant
to Section 7.1 .2.8.c.2(g), the existing condition(s) of the radius properties, those located within 1/2 mile of the
Property, and their current zoning and FLUM designations are consistent with the Developer's request in the
Rezoning Application.
As evidenced in the aerial image included in the Rezoning Application (See pg. M-1 .1), the existing
pattern of development along S. Bayshore Drive within the Glencoe subdivision consists of multifamily residential
structures of between five (5) and seven (7) Stories in Height. The Developer's intended redevelopment, as
limited by the transect designation reflected in the Rezoning Application, would result in the construction of a
Building along the waterfront portion of the Property that is consistent with the scale of existing waterfront
development within the Glencoe subdivision and then step down, to a maximum of three (3) Stories, for the non -
waterfront portions of the site. The change will allow the Project to transition to a scale consistent with that of
the abutting single-family, residential portions of the Glencoe subdivision.
In addition to the foregoing, the requested rezoning further serves to preserve the Neighborhood by
providing a more appropriate transition to the T3 portions of the Glencoe subdivision. When examining the
current FLUM and transect designations elsewhere within the Neighborhood, it is instructive to note that the
Medium Density Multifamily Residential FLUM designation and companion T5-R zoning designations that
presently rings the subdivision's waterfront and extends beyond the mid -block of the western side of W. Glencoe
Street. The portions of W. Glencoe Street denominated T5-R lacks any transition to the immediately abutting
T3-R denominated parcels. The approval of the Rezoning Application provides for an appropriate transition in
scale from the more intense transect designation on the Property along the waterfront to the less intense
designation in the abutting residential neighborhood.
Finally, the Rezoning Application request is consistent with the following Miami 21 goals and guiding
principles:
1. Section 7.1.2.8.a — Preserve Neighborhoods by providing transitions in scale.
As noted above, approval of the Rezoning Application will provide a designation that will ensure an
orderly transition which is both consistent with the scale and intensity of the Glencoe subdivision and will
preserve the neighborhood's character.
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
March 10, 2015
Page 4
2. Section 2.1.2.a — Conservation Goals
a. #3 — Increasing access to the natural environment through Baywalks
Approval of the Rezoning Application will facilitate the redevelopment of the Property, which in turn will
expand public access to Biscayne Bay as a result of the Developer's need to comply with the stated requirements
of Section 3(mm)(ii) of the Charter.
b. #6 — Encouraging green Buildings
Redevelopment of the Property, resulting from the approval of the Rezoning Application, will permit the
construction of a new Building which will be subject to the green building requirements set forth in Section 3.13
of Miami 21.
3. Section 2.1.3.1 — City Guiding Principles
a. b. — Growth strategies should encourage Infill and redevelopment.
The Developer intends to redevelop the site in a manner consistent with the requests outlined in both
the FLUM and Zoning Applications. Adoption of the requested amendments will encourage the redevelopment
of a presently underutilized site consistent with the surrounding neighborhood's context and character.
4. Section 2.1.3.3 - Block & the Building Guiding Principles
a. i. — Harmonious and orderly change and Development of urban areas should be
enabled through a form -based zoning code that guides and regulates change.
Finally, adoption of the Zoning Application will ensure a harmonious change that will appropriately
transition densities and intensities between the T3-R and T5-R denominated portions of the neighborhood.
Therefore, the proposed change advances the very principle advanced in this aforementioned section.
For each of the foregoing reasons, we respectfully request the City's approval of these companion
FLUM and Zoning Applications. Should you have any questions regarding this submittal, please do not hesitate
to contact me at your earliest convenience.
Cc:
#3982351v2
Sincerely,
Javier E. Fernandez
Francisco Garcia, Director, Dept. of Planning & Zoning
Luciana Lamardo-Gonzalez, Asst. Director, Dept. of Planning & Zoning
Jacqueline Ellis, Planner II, Dept. of Planning & Zoning
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON. P.A.
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A-1.0
REZONING APPLICATION
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION
444 SW 211d Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamiqov.com/hearing boards
170
sa
N
Welcome to the City of Miami! This application is intended to serve as a guide in assisting-y4 u
with our public hearing process. Please feel free to contact us, should you have any questions.
There is no deadline to submit this application as it is presented semi-annually to the Planning,
Zoning and Appeals Board and the City Commission. The application submittal date is the
date stamped by Hearing Boards' staff on this page. The responses to this application must
be typed and signed in black ink. All pertinent and accurate information/documentation; i.e.,
the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt.
The applicant is responsible for the accuracy of the information contained in the application and
all supporting materials. Should you wish, you could bring the materials to our office for review
prior to submittal to ensure completeness.
You will be responsible, if needed, to bring an interpreter for the English language to any
presentation before city boards, committees and the city commission. A valid power of attorney
will be required if neither applicant or legal counsel representing the applicant execute the
application or desire to make a presentation before city boards, committees and the city
commission. All documents, reports, studies, exhibits (8'/2x11") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE
STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
;:,
Rev. 07-2013
REZONING APPLICATION
Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information.
Applicant(s):
Grove Bay Properties, LLC
. Subject property address(es) and folio number(s): 3581 E. GLENCOE ST.; 01-411019=0001
3. Present zoning designation(s): T3-R/T5-R
4. Proposed zoning designation(s): T4-R/T5-R
ry
rrl
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%x11 copy of the survey of the property
prepared by a State of Florida registered land surveyor within six (6) months from the date of the
application.
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15. Original Public School Concurrency Management System Entered Requirements form.
16. The subject property(ies) cannot have any open code enforcement/lien violations.
17. What is the acreage of the project/property site? 83 +/- acres. or 35, 953 sq. ft.
Rev. 07-2013 3
REZONING APPLICATION
To allow development of a
18. What is the purpose of this application/nature of proposed use?luxury multi -family condominium
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 - mod prob
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. Yes - mod prob
21. What would be the anticipated duration of the presentation in front of the:
a Planning, Zoning and Appeals Board 15 mins and/or llt City Commission
22. Cost of processing according to Section 62-22 of the Miami City Code*:
15 mins
Change of zoning classification to:
a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI:
Per square foot of net lot area $ .50
Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00
b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD:
Per square foot of net lot area $ .70
Minimum $ 5,000.00
c. Advertising
d. School Concurrency Processing (if applicable)
e. Mail notice fee per notice
f. Meeting package mailing fee per package
$ 1,500.00
$ 150.00
$ 4.50
$ 6.00
*Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order.
Signature Address 150 West Flagler Street
Name
er E. Fernandez, Esq. Miami, FL 33130
Telephone 305-789-3501 E-mail
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
jefernandez@stearnsweaver.com
The foregoing was acknowledged before me this /..5 day of January
2015 ,by Javier E. Fernandez, Esq.
who is a(n) individual/partner/agent/corporation of Grove Bay Properties , a(n) LLC
individual/partnership/corporation. He/She is personally known to me or who has produced _
as identification and who did (did not) take an oath.
(Stamp)
Rev. 07-2013
NOTARY PUBLIC -STATE OF FLORIDA
Linda Christian
Commission # EE077204
Expires: MAR. 24, 2015
BONDED THEO ATLANTIC BOND LNG CO., INC.
REZONING APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Javier E. Fernandez
, 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, n including or ❑ not including responses to day to day
staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names,
mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is
the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant sayeth not.
Javier E. Fernandez, Esq.
Applicant(s) Name Appli nt(s_LSi nattire—
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this /$ day of January
20 15 , by Javier E. Fer ndez
who is a(n) individual/partn /a ent/eorporation of Grove Bay Properties, a(n) LLC
individual/partnership/corpbiration. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
NOTARY PUBLIC -STATE OF FLORIDA
Linda Christian
'''"' �@ Commission # EE077204
nis
Expires: MAR. 24, 2015
BONDED THRU ATLANTIC BONDING CO., INC.
Rev. 07-2013 5
REZONING APPLICATION
DISCLOSURE OF OWNERSHIP
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) BAY COLONY LEASEHOLD LLC
Percentage of Ownership ROBERT M. OLIVER, III - 100%
Subject PropertyAddress(es) 3581 E. GLENCOE STREET
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):
Javier E. Fernandez, Esq.
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this
20 15 ,by Javier E. Fernandez
,wner(s) orgnat
�A day of January
who is a(n) individual/partner/agent/corporation of BAY COLONY LEASEHOLD kIpq
individual/partnership/corporation. He/She is personally known tome or who has produced
as identification and who did (did not) take an oath.
(S Gw1
(Stamp)
NOTARY PUBLIC -STATE OF FLORIDA
Linda Christian
�,,`„' Commission # EE077204
Expires: MAR. 24, 2015
BONDED THRO ATLANTIC BONDING CO., INC.
Rev. 07-2013
6
REZONING APPLICATION
DISCLOSURE OF OWNERSHIP
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) GROVE BAY PROPERTIES, LLC
Percentage of Ownership RICARDO VADIA - 50%; OSCAR RODRIGUEZ - 50%
Subject Property Address(es) 3581 E. GLENCOE STREET
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):
Javier E. Fernandez, Esq.
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this
20 15 by Javier E. Fernandez
who is a(n) individual/partne agenU) orporation of GROVE BAY PROPERTIES, Td(p)
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did not) take aoath..
(Owner(s) ottorney-Signa?
(Stamp)
NOTARY PUBLIC•STATE OF FLORIDA
Linda Christian
'-'1�� Commission # EE077204
Expires: MAR. 24, 2015
BONDED THRU ATLANTIC BONDING CO., INC.
/b day of January
Rev. 07-2013
6
Prepared By/Retum To:
Henry Raattama, Esq.
Akerman Senterfitt
One S.E. Third Avenue
25th Floor
Miami, Florida 33131
SPECIAL WARRANTY DEED
111111111111111111111111111111111111111111111
CF 4 2010R04674-56
OR Bk 27350 Pss 4650 — 4651; (lass)
RECORDED 07/13/2010 14159:26
DEED DOC TAX 432.00
HARVEY RUVIN, CLERK OF COURT
11IAtiI—DADE COUNTY, FLORIDA
THIS SPECIAL WARRANTY DEED, made as of this 1st day of July, 2010, by and between
Robert M. Oliver, III, not individually but solely as surviving Trustee of the Elizabeth G. Oliver
Revocable Trust dated June 13, 1995, as amended, whose address is 9501 S.W. 61$` Court, Pinecrest, FL
33156, as "Grantor" and BAY COLONY LEASEHOLD LLC, a Florida limited liability company, whose
mailing address is 9501 S.W. 61' Court, Pinecrest, FL 33156, as "Grantee".
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten ($10.00) Dollars, and other good
and valuable considerations to it in hand paid by the Grantee, the receipt and adequacy of which is hereby
acknowledged, has granted, bargained and sold to the Grantee, their successors and assigns forever, the
following described real property, located and situated in the County of Miami -Dade County and State of
Florida, to -wit (the 'Property"):
Lot 1, Block 5, and Lots 18 through 22, both inclusive, Block 2, GLENCOE, according to the Plat
thereof, as recorded in Plat Book 5, Page 119, of the Public Records of Miami -Dade County,
Florida.
LESS AND EXCEPT any buildings and/or improvements located thereon..
This conveyance is subject to the following:
1. Conditions, restrictions, limitations and easements of record, if any, without any intent to
reimpose the same.
2. Laws, zoning laws, regulations or ordinances affecting the Property.
{M2947051;1 }
Book27350/Page4650 CFN#20100467456 Page 1 of 2
Order: 14106782 Doc: FLDADE:27350-04650 Page 1 of 2 Created By: Sandra Cardenas Printed: 12/12/2014 2:17:55 PM EST
OR BK 27350 PG 4651
LAST PAGE
TOGET1H R with all the easements, tenements, hereditaments and appurtenances thereto, if
any.
TO HAVE AND TO HOLD the same in fee simple forever.
Subject to the matters described above, Grantor hereby covenants with said Grantee that that the
Grantor has good right and lawful authority to sell and convey said Property and hereby fully warrants the
title to said Property and will defend the same against the lawful claims of all persons claiming by,
through or under the said Grantor.
IN WITNESS WHEREOF, the Grantor has caused these premises to be executed the / day
of July, 2010.
Signed, sealed and delivered
in our presence:
Print name: Ob t I l.>oL14") Robert M. Oliver, III
Print name: l
'Pick-c N. 'ver-
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
) SS:
� S�
The foregoin acknowledged before me this day of Ju ty 2010, by Robert M.
Oliver, III, who ' rsonally known to me or who produced
as identification.
Nam
Notary Public
State of Florida
My Commission Expires:
MY COMMISSION # 00968644
EXPIRES June 14, 2014
FueeeNeueysereceAege
Book27350/Page4651 CFN#20100467456 Page 2 of 2
Order: 14106782 Doc: FLDADE:27350-04650 Page 2 of 2 Created By: Sandra Cardenas Printed: 12/12/2014 2:17:55 PM EST
Owner's Sworn -to -Consent
Permitting Contract -Purchaser to File for a Hearing
(Company)
On behalf of Bay Colony Leasehold LLC, a Florida limited liability company, Robert Oliver
being first duly sworn, deposes and says that as Manager of the aforesaid Company, which is the Owner
of the property legally described below and which is the subject property of the proposed hearing, does
hereby grant consent to Grove Bay Properties, LLC, as contract -purchaser, to file this application for a
public hearing.
Legal Description:
Underlying land ground lease for Lot 1, Block 5, and Lots 18 and 22, both inclusive, Block 2,
GLENCOE, according to the Plat thereof, as recorded in Plat Book 5, at Page 119, of the Public Records
of Dade County, Florida, now known as Miami -Dade County, Florida.
Witnesses:
Sign. ure
Ia b•wt wt
Print Name
F rz_ee (t4 ry
ve 17- (a..ko-ez
ignature
// eP iV 7/'•1J-ev
Print Name
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
BAY COLONY LEASEHOLD LLC, a Florida
limitedT ility company
Nan%: Robert Oli er
Title: Manager
Address:
q sot 5 L-3 ta •
zt$2:e5t' �L. 33tSG
The foregoing instrument was acknowledged before me by
of 6ay edam( 54) j0 L-LC �, on behalf of the el
personall knownp ��y�o me or has produced 'S rC�,rI�P
1"}°'d `t
I
ke r.k GI,Iris
,"as i ent i i a io
he is
Witness my signature and official seal this 541 day of GIai''%, , 2015, in the
County and State aforesaid.
Not Public -State
My Commission Expires:
CFRISTOPFIER AI SANDFA0011
-'' MY COMMISSION 8 EE181806
EXPIRES March 21. 2016
PletIdatkeryeentaizen
(407) 30e4)1e3
PRE -APPLICATION REFERRAL
01-4114-019-0001 December 23, 2014
Folio # Date
Oscar Rodriguez Bay Colony
Applicant Name
(305) 796-9693
Applicant Phone Number
3581 E. Glencoe Street, Miami, FL
Project Name
oscarrodriguez50b@gmail.com
Applicant E-mail Address
Project Street Address
TO BE COMPLETED BY THE OFFICE OF ZONING:
e One (1) 24"X36" or larger set of signed and sealed plans
fa" Survey within one year
ikICZ-
Transe Zone
Wibtf2A- V1>--trouLe civi
tOvvA 7732 -{., N t30 -1-, lb T4
6ect.7`t.a.$
Type o ermit Requested - Code Section
curretAtij
Summary of Request
4,
R:ferral issued bv:
4/L-4
Date
CITY OF MIAMI
PLANNING & ZONING DEPARTMENT
Ph: 305-416-1499
444 SW 2nd Ave 40, Floor Miami, FL 33130
www.miamigov.com/zoning
PLANNING AND ZONING DEPARTMENT
PROJECTS REVIEW MEETING
December 29, 2014
Javier Fernandez, Esquire
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 W. Flagler Street, Suite 220
Miami FL 33130
Re: 3581 East Glencoe Street Application PR-14-175
Existing Zoning Designation: T4-R/NCD-3 and T5-R/NCD-3
Net District: North/East Coconut Grove
Dear Mr. Fernandez:
During our Pre -application meeting on December 23, 2014, you presented the following request:
Rezoning per Article 7, Section 7.1.2.8 (c) (1), to allow the successional rezoning of land
with more than 40,000 square feet or 200 feet of street Frontage on one street. The
proposal is to rezone a portion of the site from T3-R/NCD-3 to T4-R/NCD-3 for a land
area of approximately 18, 730 square feet which has less than 200 linear feet of street
Frontage on one street. The abutting transect zones are Cl/NCD-3, T4-R/NCD-3 and T5-
R/NCD-3.
Based on the request, staff has prepared the following comments. Please note, that said
comments are not to be construed as a recommendation of approval. Staff's comments are:
1. Pursuant to Article 7, Section 7.1.2.8 (3) the proposed rezoning the western portion of
the Lot located at 3581 East Glencoe Street from T3-R/NCD-3 to T4-R/NCD-3 may
qualify as successional zoning change, however the request 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 question 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.
For this proposal to comply with Miami 21 for Rezoning, the request shall be as follows:
Rezoning per Article 7, Section 7.1.2.8 (c) (1), to allow the successional rezoning of
land with more than 40,000 square feet or 200 feet of street Frontage on one street.
The proposal is to change a split zoned lot ( T3-R/NCD-3 and T5-R/NCD-3) to T4-
R/NCD-3 . The Lot contains a land area of approximately 60,500 square feet which
more than 200 linear feet of street Frontage.
2. The deadline to submit a complete Rezoning application as described in item #1 is
January 16, 2015.
444 SOUTHWEST SECOND AVENUE, THIRD FLOOR, MIAMI, FL 33130
305.416.1400 - WWW.MIAMIGOV.COM
3. A school concurrency letter is required; please contact the Hearing Boards Department
at 305.416.2030 with questions concerning the concurrency process.
4. The applicant shall also apply for a Land Use change from Single Family Residential
and Medium Density Multi -Family Residential to Low Density Multi -Family Residential
to correspond with the proposed rezoning.
5. The applicant presented a survey dated 05-04-2012. At time of application submittal a
survey no older than six (6) months is required.
6. If the applicant chooses to proffer a restrictive covenant associated with the rezoning
request, the document shall be submitted 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 public
hearing.
7. A Unity of Title in recordable form is required for the proposed rezoning of the subject
lots.
8. Be advised, that the Planning and Zoning Department reserves the right to make
recommendations pertaining to which Transect Zone will yield the most coherent
zoning pattern in the context of the immediate vicinity.
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 supplementary
information.
The Planning and Zoning Department reviews Permit proposals based on Miami 21 and City
Code. Furthermore, the proposed Zone Change is subject to review and compliance with the
requirements of all City departments, as applicable.
Sincerely,
line Ellis
PPannl#r II
Cc: Derrick Cook, Plan Coordinator,
Pamela Stanton, Zoning Plans Processor
Christine Hwa, Hearing Boards Coordinator
Antonio Perez, Land Use Chief
3851 E. Glencoe Street / PR14-175
Pre -Application comments
Page 2
MCNP and Reznnin<r Public Hearing PrM:esc
2015 Calendar Year
The following is the semi-annual cycle calendar for Rezoning and Future Land Use amendments for
Planning, Zoning and Appeals Board (PZAB) Applications as per City Code Section 62 - 8 "Procedures
for Amending the Comprehensive Plan" and Section 7.1.2.8 of the Miami 21 Code.
See back-up resolutions and ordinance
ari�lillit�, fl
_
Application Submitted to Hearing Boards On or before January 16, 2015
Pre -Application Meeting Deadline December 23, 2014
Applications may be heard by PZAB On or before second meeting in March 2015 1
Application will be scheduled for:
'City Commission [First Reading]
Second meeting in April 2015
Ii
Cycle -
Application Submitted to Hearing Boards
fOn or before July 17, 2015
k Pre- Application Meeting Deadline
________
June 26, 2015 _.
!Applications may be heard by PZAB
I On or before second meeting in September
`2015
Application will be scheduled for:
City Commission [First Reading]
Second meeting in October 2015
http://www.miamigov.com/Hearing_Boards/Deadlines.asp
3851 E. Glencoe Street / PR14-175
Pre -Application comments
Page 3
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LS-3075
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 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:
Ricardo Vadia
HOME ADDRESS:
(First Name)
(Middle) (Last Name)
(Address Line 1)
(Address Line 2)
CITY: Miami STATE: Florida ZIP:
HOME PHONE:
EMAIL: rvadia@gmail.com
CELL PHONE: FAX:
BUSSINESS or APPLICANT or ENTITY NAME
Grove Bay Properties, LLC
BUSINESSADDRESS: 200 South Biscayne Boulevard, Suite 3600
(Address Line 1)
Miami, Florida 33131
(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 committee.
Re -zoning application pursuant to Section 7.1.2.8 of Miami 21 to change the zoning
designation of the property from T3-R/T5-R to T4-R/T5-R; and companion
Comprehensive Plan application to change the land use designation from
single family residential/medium density multi -family to low density
taultifccniily/medium density multifamily.
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?
El YES ® 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.
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 f r the same issue shall be reviewed or
considered by the applicable board(s) until xpiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
lgnature
RICARDO VAD IA
Print Name
r Sworn to and subscribed before trte this /fiday of 2016 . The foregoing
instrument was acknowledged before me by �� �;�--
R(.4 , who has produced
as identification and/or is personally known to me and who did/did not take an oath.
STATE OF FLORIDA 0..../2,,,&4,,,,,
CITY OF MIAMI
MY COMMISSIOINOTARY PUBLIC-31ATE OF ORIDA Notary
EXPIRES:S ' • Linda Chris an
��.
C ft
x Commission # EEO s4 IJ1)A 2..(Srl
`' ;�' Expires: MAR. 24, 2015 Print Name
c,
Enclosure(s) BONDED THRU ATLANTIC BONDING CO., INC.
Doc. No.:86543 Page 2
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 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:
Ricardo Vadia
HOME ADDRESS:
(First Name)
(Middle) (Last Name)
(Address Line 1)
(Address Line 2)
CITY: Miami STATE: Florida ZIP:
HOME PHONE:
EMAIL: rvadia®gmail . com
CELL PHONE: FAX:
BUSSINESS or APPLICANT or ENTITY NAME
Grove Bay Properties, LLC
BUSINESS ADDRESS: 200 South Biscayne Boulevard, Suite 3600
(Address Line 1)
Miami, Florida 33131
(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 committee.
Re -zoning application pursuant to Section 7.1.2.8 of Miami 21 to change the zoning
designation of the property from T3-R/TS-R to T4-R/T5-R; and companion
Comprehensive Plan application to change the land use designation from
single family residential/medium density multi -family to low density
multifamily/medium density multifamily.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
❑ YES ® 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.
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 f r the same issue shall be reviewed or
considered by the applicable board(s) until xpiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
Signature
RICARDO VADIA
Print Name
Sworn to and subscribed before me this /5 day of ..' i� - - -==` , 201.5 . The fbregoiZg
instrument was acknowledged before Inc by Rt �,t 'It 4-.6/ • ir who has produced
as identification and/or is personally known to me and who did/did not take an oath.
, STATE OF FLORIDA f
04/S:LC�J
CITY OF MIAMI �/
MY COM 4ISSIOI4oTARY PUBLIC -STATE OF oRIDA Notary
EXPIRES: Linda Chris an
.=Commission "' C tt
#EEO � 4 ,ft?--'
�.l i)h (L(ST/
�' Expires: MAR. 24, '2015 Print Name
Enclosure(s) BONDED TI U ATLA\TIC BONDLNG CO., INC.
Doc. No..86543 Page 2