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Home My WebLink AboutPZAB 10-07-15 Supporting DocumentationFile ID: Title: Location: Applicant(s) Purpose: Finding(s): Planning and Zoning Department: PZAB.5 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-00976zc 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 T6-8-L TO T6-8-O, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1150 NORTHWEST 11TH STREET ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 1150 NW 11th Street Road [Commissioner Keon Hardemon - District 5] Miami Dade County, Public Housing and Community Development This will allow a zoning classification change from T6-8-L to T6-8-O for the above property. Recommended denial. Planning, Zoning and Appeals Board: October 7, 2015. City of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR CHANGE OF ZONING APPLICANT: Michael Liu, on behalf of Miami -Dade County FILE ID: 15-00976zc Public Housing and Community Development PROJECT ADDRESS: 1150 NW llth Street Road NET OFFICE: Overtown COMMISSION DISTRICT: 5 (Hardemon) ITEM: PZAB 5 A. GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, as amended, the applicant is requesting a Change of Zoning from T6-8-L (Urban Core -Limited) to T6-8-O (Urban Core -Open) for a property located approximately at 1150 NW 11th Street Road, Miami, Florida. The related folio of the subject lot is: 01-3135-019-2100, A complete legal description of the property is on file with the Hearing Boards Section. B. BACKGROUND: The subject property is part of the Highland Park Subdivision and is located within the Overtown Net Area. The subject property has a lot area is approximately 1.04 acres, (61,282 square feet) of land generally bounded by NW 12th Street on the north, NW 11th Street on the south, NW 8th Street Road to the west, and NW 11th Street Road to the east. Aerial view of the 1150 NW 11th Street Road outlined in red The subject lot is zoned T6-8-L and is developed with a seven -story structure known as the Helen M. Sawyer Assisted Living Facility, constructed in 1976 with 104 residential units. The applicant (Miami -Dade County Public Housing and Community Development Department) is seeking a change of zoning in order to operate a 28 person Adult Day Care Facility on the subject property. Under the current designation of T6-8-L, the applicant can operate a maximum of 9 person Adult Day Care Facility via approval of a Warrant. The property was previously zoned "R-4" (Multifamily High -Density Residential) under the 11000 Code. The area was rezoned in April 2010 under the Miami 21 Code to Urban Core - Limited (T6-8-L). The zoning of the properties to the north of the site is T6-8-L, to the south T6-8-O, to the east T6-8-L and T6-8-O, and to the west T6-8-L and T6-8-O. ti� 1§,1541 NW 11 Slreel Road lSltfyecl Parcel 1111NW S S1RD and r ,24 NW 1r STRD M1Y.tiwa! ROW Parcels 0 Cdy Parcels IItletroRal Slaloms ,I1,1evoRa11 Ratite Map of zoning in the area of the subject site and the Metrorail line To the north and east of the proposed rezone area, the Tots are developed with multi -family dwelling units. East of the site there are multi -family uses and a property split zoned T6-8-L and T6-8-O owned by Miami -Dade County. West of the site the uses are primarily residential in nature. It is important to point out that the abutting lots 1 and 2 in the above graphic are not part of the rezone proposal. If the rezone is approved, Tots 1 and 2 will become islands of T6-8-L surrounded by T6-8-O zoning. The three lots (3, 4, and 5 in the graphic) south of the subject site are zoned T6-8-O. However, these lots are used for the Metrorail right of way and do not contain any other development. As stated previously, the applicant requests a change of zoning of the lot from T6-8-O (Urban Core - Limited) to T6-8-O (Urban Core - Open). C. COMPREHENSIVE PLAN: The requested change of zoning is consistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation for the property as the land use designation is "Restricted Commercial]". File Id. 15-00976zc Page 2 of 6 D. EXISTING NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property: T6-8-L (Urban Core -Limited) Surrounding Properties NORTH: T6-8-L (Urban Core -Limited) SOUTH: T6-8-O (Urban Core -Open) EAST: T6-8-L (Urban Core -Limited) T6-8-O (Urban Core -Open) WEST: T6-8-L (Urban Core -Limited) FUTURE LAND USE DESIGNATION Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre In regards to the uses allowed, below is an excerpt of Article 4, Table 3 of Miami 21 Code to illustrate the additional uses allowed with the proposed change of zoning. Excerpt of Article 4, Table 3 of Miami 21 Code, For DENSITY (UNITS PER ACRE) T6 R L 0 150 150 150 RESIDENTIAL SINGLE FAMILY RESIDENCE R R R COMMUNITY RESIDENCE R R R ANCILLARY UNIT TWO FAMILY RESIDENCE R R R MULTI FAMILY HOUSING R R R DORMITORY R R R HOME OFFICE R R R LIVE - WORK R R R WORK -LIVE File Id. 15-00976zc Page 3 of 6 LODGING BED & BREAKFAST INN HOTEL OFFICE OFFICE COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB. ADULT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB, OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT Excerpt of Article 4, Table 3 of Miami 21 Code continued CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE/UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER R L 0 E R R E R R R R R L 0 R L 0 W W R R W R R E E W R R W W W W E E R R R T6 R L 0 W W E R R E R R E W W W W W W W W W W W W W W W W W W W W W W W W R R R File Id. 15-00976zc Page 4 of 6 MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL E. ANALYSIS: w w w R R R R R R w w w The following is a review of the request pursuant to the rezoning criteria in 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 1 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 of Criteria 1 The subject site is within an existing T6-8-L zoned neighborhood consisting of low scale multi -family dwelling units. The proposed rezoning will not preserve the established, character of the multi -family neighborhood as it would allow many commercial uses by right within a predominately residential neighborhood. Moreover, the request creates a non-contiguous zoning line that creates islands of T6-8-L zoned properties surrounded by T6-8-0 zoned properties. As proposed, the rezoning from T6-8-L to T6-8-0 is not compatible with the existing residential development patterns, heights, and multi -family uses in the immediate neighborhood. Finding The request is inconsistent with the goals and objectives of the Miami 21 Code. Criteria 2 For rezoning: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a mariner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide proper transitions in intensity and scale. Analysis of Criteria 2 There are no commercial uses within the immediate vicinity of the subject site. Additionally few buildings within the vicinity contain commercial uses. The rezone to T6-8-0 would introduce commercial uses into a predominately residential area. There are no structures in the adjacent blocks with the intensity and scale permitted by the T6-8-0 zone. The proposed rezone to T6-8-0 is not compatible with the existing development patterns and uses in the immediate neighborhood. Finding The request does not create a transition in intensity and scale which is consistent with the goals of the Miami 21 Code. File Id. 15-00976zc Page 5 of 6 MIAMI 21 ZONING MAP (EXISTING) F. NEIGHBORHOOD SERVICES: Code Compliance Building Public Works Historic Preservation: Enviornmental Resources NET G. CONCLUSION: MIAMI 21 ZONING MAP (PROPOSED) No Objection Required No Objection No Objection No Objection No Objection Based on the materials submitted, staff finds that the request to rezone from T8-8-L to T6-8-O is inconsistent with the goals of Miami 21. The request creates a non-contiguous zoning line that creates islands of T6-8-L zoned lands surrounded by T6-8-O zoned properties. The level of uses allowed in the T6-8-O is not compatible with the surrounding zoning district. There are few structures or uses within the adjacent blocks within the same zoning district, or with the proposed, with the height and density permitted by the T6-8-O zone. H. 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 denial of the applicant's request of the proposed rezoning from T6-8-L to T6-8-O as presented. G�? Christopher Brimo, AICP Chief of Land Development Jacqueline Ellis September 23, 2015 File Id. 15-00976zc Page 6 of 6 MIAMI 21 ZONING MAP (EXISTING) 0 150 300 600 Feet I 1 I I ADDRESS: 1150 NW 11 STRD 0 2 MIAMI 21 ZONING MAP (PROPOSED) NW 13TH ST NW 12TH ST w I NW-13TH ST NW 13TH ST NW 13TH ST 7tf w Z� Z 1 NW 12TH ST F- U 2 F- CO w 'a F- CO NW 12TH ST 0 150 300 600 Feet I i I I T5-O ADDRESS: 1150 NW 11 STRD 1 021 a 11TH ST w 1- 0 L a' FA 4 .�r 10THST NW 13TH ,ST. 10TH ST 0 150 300 600 Feet ADDRESS: 1150 NW 11 STRD TSAO DesignGroup September 23, 2015 Miami Ms. Olga Zamora San Francisco Administrator, Division of Hearing Boards Department of Planning & Zoning City of Miami 444 SW 2nd Ave, 3`d Floor Miami Iron Side Miami, FL 33130 7610 NE 4`h Court, #5 Suite 101 Re: Miami -Dade County Helen Sawyer Assisted Living Facility — Application for Rezoning for Adult Day Care Use Request Miami, FL 33138 Subject Property: 1150 NW 11 Street Road, Miami, Florida 305.576,2006 p 305.576.2005 f To Whom it May Concern; www.tsaodesign.com Miami Dade County Public Housing & Community Development (Client) currently owns and operates an assisted living facility called Helen M. Sawyer Assisted Living Facility, located at 1150 NW 11 Street Road in Miami, Florida. This facility was built in 1976 and has 104 units. The current zoning for this facility is T6-8L. Miami Dade County is proposing to operate and Adult Day Care Facility (Community Support Facility as described by the Miami 21 Code) on the ground level of this facility, in an existing room currently not utilized by the current facility. The current code allows, by Warrant Application approval, an up to 9 person Adult Day Care (Community Support) facility to be housed at this location. The Client will apply for this Warrant. In addition to pursuing the Warrant Application, the Client will also pursue a Rezoning Plan Amendment and, if required, a Comprehensive Plan Amendment, in order to change the zoning from T6-8-L to T6-8-0. This will allow the Client to operate a 28 person Adult Day Care facility based on the available square footage to be dedicated for this use. Below is a statement from Michael Liu, Director of Public Housing & Community Development, "Public Housing & Community Development (PHCD) operates the Helen Sawyer project, as an Assisted Living Facilities (ALF). Because of the great need in the community to provide elderly care, PHCD wants to extend its services at Helen Sawyer and operate an Adult Day Care Center in the premises." If you need any further clarification on the project's intent, please contact me at 305-576-2006 x15 or jhagopian@tsaodesign.com Sincerely, TSAO Design Group Jason Hagopian, AIA, LEED AP Principal REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 1, 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 471, www.miamigov.com/hearing boards f y3 ve (%12. Welcome to the City of Miami! This application is intended to serve as a guide in assisting you 1.43 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%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. Rev. 07-2013 2 �EC�IVEp REZONING APPLICATION P�.ANNRNG DEPARTMENT p� Ayy� �t� INS Btu i.� PM 11 � 46 Please refer to Article 7.1.2.8 of the Miami 21 Code for RIPo�'ti"g information. S✓(/I Ph4 1. Applicant(s): Mlchael Liu, Director of Public Housing and Community Development (PHCD) 1150 Northwest 11th Street Road, Miami FL 33136 2. Subject property address(es) and folio number(s): Folio #: 01-3135-019-2100 3. Present zoning designation(s): T6-8L 4. Proposed zoning designation(s): T6-80 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 8'/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? 1.407 Acres Rev. 07-2013 3 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? Rezoning for potential development needs 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: &I Planning, Zoning and Appeals Board 30 min and/or I City Commission 30 min 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: X. CS, T3-R, T3-L, T3-0, T4-R, T4-L, T4-0, T5-R, T5-L, T5-0, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: er square foot of net lot area $ .70 Minimum $ 5,000.00 X Advertising $ 1,500.00 X School Concurrency Processing (if applicable) $ 150.00 e. Mail notice fee per notice $ 4.50 (60) f. Meeting package mailing fee per package $ 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 701 NW 1 Ct Name Michael Liu, Director PHCD Miami, Florida 33136 Telephone 786.469.4106 E-mail mliu88@miamidade.gov STATE OF FLORIDA -- COUNTY OF MIAMI-DADE //�� The foregoing acknowled ed of rieme this i L7 day of Nit) ,� 20 +1? , by '., t 1(�I'1 i L— who is a(n) individual/partner/agent/corporation of poikit, toffl1116 comn wolf tokkt1Protaq 1 ndividu i/partnership/corporation. He/She is personally known to me or who has produced Cli t\ti4'S alai 'as identification and who did (did not) take an oath. (Stamp) Rev. 07-2013 % JANE COKA ;.:1: .1 �? Notary Public • State of Florida I ,,� � � ..dd��= My Comm. Expires Mar 21, 2018 ;, 4�� V Commission # FF 95892 4 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared MICA -I AS1_ LW , who being by me first deposes and says: That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required -by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. r'l at&et, Ll U, n12aTa1.'}Ct Applicant(s) Name Ap licant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 20 Jhe foregoing was acknowledged before a this I 0 day of J V 1.21. 2 ,.by..M1GHAEL LUJ CORMU PG►��"LO 1041 who is a(n)individual/partner/agent/corporation of dl idividualpartnership/corporation. He/She is personal y known to me or who has produced s identification and who did (did not) take an oath. (Stamp) ..0111.44,JANE COKA s Notary Public - State of Florida • , .,i My Comm. Expires Mar 21. 2018', 'o•tar:i e Commission FF 95892 Signature Rev. 07-2013 5 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) YW AnA`' p,4t6 COUNT'`( IA) Am) 'ADE }{DVSING) AC ENC./ Percentage of Ownership �0 Subject Property Address(es) ) \ SO 1YV) 11 sT. \12 . 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): (St E_ •50110U11N6 SF{ETS) x, MIC &€ L U op df) P Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Owner(s) or Attorney Signature .Lh Th foregoing was acknowledged before me this lU day of JU Ly 20 . by M1 h A UV c�! who is a(n) ijidividual/partner/agent/cor�oration of VUOUG ddOt i1i9 kllip COrnf (ij what o- ndividu (/partnership/corporation. He/She is personally known to me or who has produced tiv i ve45 (illps identification and who did (did not) take an oath. (St pI f 14„,, o JANE COKA e�i ;� Notary Public - State of Florida �I: • = My Comm. Expires Mar 21, 2018 ` ,e,o •%iP Commission # FF 95892 Signature Rev. 07-2013 `EXHIBIT A' SUBJECT PROPERTY ADDRESS: 1150 Northwest 11 th Street Road Miami, Florida 33136 LEGAL DESCRIPTION: Lots 7 thru 14 and 28 thru 34, Block 14, of: "HIGHLAND PARK" according to the Plat thereof, as recorded in Plat Book 2, at Page 13, of the Public Records of Miami -Dade County, Florida. TSAO DesignGroup Properties within a one-half mile radius of the subject property Helen M. Sawyer Assisted Living Facility 1150 Northwest 11th Street Road Miami, Florida 33136 TSAO DesignGroup Aerial Photo of Site Helen M. Sawyer Assisted Living Facility 1150 Northwest 11th Street Road Miami, Florida 33136 TSAO DesignGroup Zoning Map Helen M. Sawyer Assisted Living Facility 1150 Northwest 11 th Street Road Miami, Florida 33136 • The Helen M. Sawyer ALF was built in 1976 and has 104 units. • The current zoning for this facility is T6-8L which will allow up to a 9 person Adult Day Care (Community Support Facility). • Zoning change to T6-80 will allow the property owner to operate a 28 person Adult Day Care (Community Support Facility). • There is no change to the site or existing building to accommodate the Adult Day Care. • T6-80 is the adjacent bordering zone adjacent to the property TSAO DesignGroup 300' Ft. Radius of Property 50`NW 1�1th Street'^ Helen M. Sawyer Assisted Living Facility 1150 Northwest 11th Street Road Miami, Florida 33136 TSAO DesignGroup Photos of Building Elevations within 300' Ft. Radius of Property Helen M. Sawyer Assisted Living Facility 1150 Northwest 11th Street Road Miami, Florida 33136 EAST ELEVATION Adjacent Properties TSAO DesignGroup Photos of Building Elevations within 300' Ft. Radius of Property Adjacent Properties WEST ELEVATION Helen M. Sawyer Assisted Living Facility 1150 Northwest 11 th Street Road Miami, Florida 33136 mirmrs TSAO DesignGroup Photos of Building Elevations within 300' Ft. Radius of Property Adjacent Properties SOUTH ELEVATION Helen M. Sawyer Assisted Living Facility 1150 Northwest 11th Street Road Miami, Florida 33136 KEY PLAN TSAO DesignGroup MEMORANDUM 107.07-17 A TO Mrs. Frances.R. Thobas DATE April 13, 1976 Senior Administrative Officer SUBJECT FROM H. Vann Rhodes DirectoA of velopment Fla. 5-57 Attached is the original recorded Declaration of Trust for Project Fla 5-57. This is for your safe -keeping. HVR:km. Enclosures... P.f:R 2,1975 UFF 9283 . Pc1732 REL . LEGAL DESCRIPTIONS - FLA. 5-57 Lots 7 thru 14, inclusive, and Lots 28 thru 34, inclusive, Block 14, I-IIG 1LAND PARK, Plat Book 2 at Page 13, • Dade County, Florida and Commence at the most northerly corner of Lot 5 of CORRECTED PLAT OF BLOCK 6 OF SPRING GARDEN, according to the plat thereof recorded in Plat Book 9•at Page 16 of the Public Records of Dade County, Florida; thence run S.47°13'45" W along the Northwesterly line of said Lot 5 for a distance of 5.00 feet to the point of intersection with a line which is 5.00 feet Southwesterly of and parallel to the Northeasterly line of said Lot 5, said point of inter- section also being the Point of Beginning of the herein described parcel; thence continue S47°13'45"•W for a distance of 135.61 feet to the point of intersection with a line which is 8.50•feet Northeasterly of and parallel to the Southwesterly line of Lots and 5 of said CORRECTED PLAT OF BLOCK 6 OF SPRING GARDEN; thence run 848°40'05" E along a line which is 8.50 feet Northeasterly of and parallel t) the Southwesterly. line of said Lots 4 and 5 for a distance of•59.76 feet to the point of intersection with a line whioi is 60.00 feet North of and parallel to the'South line of Lots 2 and 3 of said CORRECTED PLAT OF BLOCK 6'OF SPRING GARDEN: thence run East along the line which'is 60.00 feet North of and parallel to the South line of said Lots 2 and 3 for a distance of 62.00 feet to the point of curvature of'a circular curve to the left; thence run Northeasterly to North- westerly along the arc of said circular curve to the left, having a radius of 50.00 feet, through a central angle of 132°46'15", for an arc distance of 115.86 feet to the point of tangency with'a line which is 5.00 feet Southwesterly of and parallel to the.Northeasterly line of said Lots 4 and 5; thence run N42°46'15" W for a distance of 64.85 feet to the point of interesection with the Northwesterly line of said Lot 5 and the Point of Beginning. 764 72318 ,76 APR 5 .PM 3 : u7- .9283 PG1731 DECLARATION OF TRUST WBEREAS , (herein called the"Local Authority"), a public body corporate and politic duly created and organized pursuant to and in accordance with the provisions of the laws of the State of Florida and the United States of America (herein called the "Government") pursuant to the United States housing Act of.1937, as amended (42 U.S.C. 1401, et s,Ag,. and the Department of Housing and Urban Development Act (5 U.S.C. 621, et sea.) entered into a certain contract dated as of •Nr mhwr 1 , 1972_, (herein called the "Annual Contributions Contract") providing for a loan and for annual contributions to be made by the Government to assist the Local Authority in developing, and in.achieving and maintaining the low -rent character of, low - rent housing project(s); and • M3ZRXAS, as of the date of the execution of this Declaration of Trust the Annual Contributions Contract provides for the development and operation by the Local Authority of certain low -rent housing in the City of Miami - , County of Dade State of Florida which will provide approximately 104 dwellings; and which low -rent housing will be known as (Project No. Fla. 5-57 ); • and. VECREAS, the Local Authority (1) proposes to issue and deliver its Bonds and Permanent Notes to aid in financing the Projects from time to time provided for under the terms of the Annual Contributions Contract to which Contract reference is hereby made for definitions of the Bonds, Permanent Notes, and Projects, and (2) may from time to time issue and deliver its obligations (herein called "Re- funding Bonds".) to refund said Bonds and Permanent Notes; and 1mmEAS, each Project and the site or sites thereof will have been .constructed or acquired with the proceeds of the Bonds and/or advances by the Government on account of the loan provided for in the Annual,Contributions Contract and the Bonds and Permanent Notes will be secured (1) severally, by pledges of specific amounts of the annual contributions payable to the Local Authority by the Government pursuant to said Contract; and (2) by a pledge of certain revenues of the Projects financed by an issue or issues of Bonds to the extent and in the manner described in the Annual Contributions Contract and the resolutions of the Local Authority authorizing such Bonds and Permanent Notes:. NOW, THEREFORE, to .assure the Government and the holder or holders of the Bonds, Refunding Bonds, or Permanent Notes, and each of them, of the performance of the Local Authority of the covenants contained in the Annual Contributions Contract and the resolutions of the Local Authority authorizing the issuance of the Bonds, Refunding Bonds, or Permanent Notes, the Local Authority does hereby acknowledge and declare that it is.possessed of and holds in trust for the benefit of the Government and said holders. of the Bonds, Refunding.Bonds, or Permanent Notes for the purposes hereinafter stated, the following described real property situated in the Pagel DARE COUNTY, FLORIDA City of Miami County o Dade , State of Florida '10 WIT: Projoot No. Fla.. 5-57 4'c .9283 nc1733 2 and all buildings and fixtures erected or to be erected thereon or appurtenant thereto. The Local Authority hereby declares and acknowledges that during the existenoe of the trust hereby create the Government and the holders from time to time of the Bonds, Refunding Bonds, or. Permanent Notes issued or to be issued pursuant -to the provisions of the Annual Contributions Contract, have been granted and are possessed of an interest in the above -described Project Property; to wit: The right to require the Local Authority to remain seized of the title to said property and to refrain from transferring, conveying, assigning, leasing, mortgaging, pledging, or otherwise encumbering or permitting or suffering any transfer, conveyance, assignment, leasing, mortgage, pledge or other encumbrance of said property or any part thereof, appurtenances thereto, or any rent, revenues, income, or receipts therefrom or in connection therewith, or any of the benefits or contributions granted to it by or pursuant to the Annual Contributions Contract, or any interest in any of the same except that the Local :Authority (1) may, to the extent and in the manner provided in Sec. 313 of the Annual Contributions Contract, (a) lease dwellings and other spaces and facilities in any Project, or (b) convey or otherwise dispose of any real or personal property which is determined to be excess to the needs of any Project, or (c) convey or dedicate land for use as streets, alleys, or other public rights -of -way, and grant easements for the estab- lishment, operation, and maintenance of public utilities, or (d) enter into and perform contracts for the sale of dwelling units to members of tenant families, as authorized by the United States Housing Act of 1937, 142 U.S.C. 1461, et see:, or (2) with the approval of the Government, release any Project which has not then been financed by an issue or issues of Bonds from the trust hereby created; Provided, that nothing herein contained shall be construed as prohibiting the conveyance of title to or the delivery or possession of any Project to the Govern- ment in pursuance of Section 501 or Sec. 502 of the Annual Contributions Contract. The endorsement by a duly authorized officer of the Government (1) upon any conveyance made by the Local Authority of any real or personal property which is determined to be excess to the needs of any Project; or (2) upon any instrument of conveyance or dedication of property, or any interest therein, for use as atreets,'alleys, or other public Tights -or -way, or for the establishment, operation, and maintenance of public utilities; or (3) upon any instrument transferring or conveying a dwelling unit, or an interest therein, to a member of a tenant family; or (!;� upon any instrument of release made by the Local Authority of any Project which has not then been financed by an issue or issues of Bonds shall be effective to release such Property from the trust hereby created. When all indebtedness of the Local Authority to the Government, arising under the Annual Contributions Contract, has been fully paid and when all the Bonds, Refunding Bonds, and Permanent Notes, together with interest thereon, have been fully paid, or monies sufficient for the payment thereof have been deposited in trust for suchpayment'•in accordance with the respective resolution of the Local Authority, authorizing the issuance of such Bonds, Refunding Bonds, and Permanent Notes, the trust hereby created shall terminate and shall no longer, be effective. Nothing herein contained shall be construed to bestow upon the holder or holders of any of the Bonds or Refunding Bonds, or of the coupons appertaining thereto, or any holder of the Permanent Notes (other than the Government) any right or right of action proceeding by which the Local Authority might be deprived of title to or possession of any Project. The terms "Bonds", "Refunding Bonds", and "Permanent Notes", as used herein shall include Temporary Notes, Advance Notes, Preliminary Notes and Promissory Notes, or other evidence of indebtedness issued pursuant to the Authority's Annual Contributions Contract. IN WITNESS, WHEREOF, the Local Authority by its officers thereunto duly authorized has caused these presents to be signed in its name pta corporate seal to be •hereunto affixed and attested this / day of - ti %�r1'/ t..-. 19 '7�' D.ADE /4TY/, o gnapi ATFESfP� ' 3•y. ? [:� %. :ram =/ �.3�e�u t� ,c��x•Jc Prepared by `E6izh4'M nager�"' Gerald R. Wright, Area Counsel DHDD, Peninsular Plaza 661 Riverside Avenue Jacksonville, Florida Ft,_ 9283 PG1734 P,E STATE OF FLORIDA COUNTY 'OF DADE I hereby certify that on the 1st day of April , �976, personally appeared R. Ray Goode and Charlotte Miller to me well known as the persons described in and who executed the foregoing instrument, and acknowledged that they, as the County Manager Deputy Clerk. and • of Dade'County, Florida, executed the same.for the purpose therein expressed as the free act and deed of Dade County, Florida and that the said instrument is the act and deed of Dade County, Florida. 'IN WITNESS THEREOF, I have hereunto affixed my hand and official seal at Miami, Florida this let day of April ' 19 76 REcQ4 {� ar:IZ AL aEQlaila Gbh DF DARE. oen n, FLORID&, RECORD VERIFIED WCH.e1RD P. BRIN222 t pLERK CIRCUIT COURT, (SEAL) My Commission Expires Notary Public, State of Florida, At Large My Commission Expires March 28, 197&'- ss7 1983 APR -5 11 I1: 39 83130839 3 R 11747 FG l? l 5 AMENDMENT NO. 2 DECLARATION OF TRUST PROJECT FLA 5-57 THIS AGREEMENT entered into this Peel•0- I i day of 1983 by and betwen Dade County, Florida (herein called the "County" a public body corporate and politic duly created and organized pursuant to and in accordance with the provisions of the Laws of the State of Florida and the United States of America (herein called the "Goverment"). WITNESSETH In consideration of the mutual benefits to each other the parties do agree that: The Legal Description recited in the Declaration of Trust dated April 1, 1976 and recorded in Book No. 9283 Page 1731 shall be amended to delete the following parcel described as follows: A•portion of Lots 2 through 5 inclusive, Block 6, CORRECTED PLAT OF BLOCK 6 of SPRING GARDEN, according to the Plat thereof, as recorded in Plat Book 9, Page 16 of the Public Records of Dade County, Florida, being more particularly described.as follows: COMMENCE at the easternmost corner of 0" W 10 of said Block 6; thence run S 45eo6 forn5.00efeet;ht encelr'un Seof said 440 53' 50"tE10 along a line 5.00 feet southwesterly of and parallel with the northeasterly line Rf said Block 6 for 311.20 feet; thence run S 840 02' 56" W for 18.17 feet to the POINT OF BEGINNING of the herein described parcel of land; thence continue S 402' feet to . intersection witha 56"4an line 8 50 tnortheast of and parallel with the southwest line of E along said Block 6; thence S 50 47 " said parallel line for 58.12 feet; thence N 870 52' 29" E along a line 60.00 feet North of and parallel with the South line of said Lots 2 and 3 for 62.06 feet to the beginning of a curve concave to the Northwest and having a radius of 50.00 feet; thence northeasterly and northerly along the arc of said oc 8e for 58"33 feet to the POINT' OF BEGINNING, INS WHEREOF, the parties hereto have had these presents duly executed in their respective names ahego eywritten.heir respective officers aS.of.the day and year 7 j —+- 1 z• J A r' DADE COUNT BY: IS - 1 MANAGER DEPUTY CLERK AS.IS�- ahsirecorded einnt recorded t o page �3o9he s; -instrument .P• 4 e 50' {U L • 96. 49' 4 • /!1'4c'/9" T-97el' ORAWA/= 6?Q7; 5C4L E = /•"=. 7' DATE, / I//9/e/ 7Y4.7(4/GaTT« ,1N07'Sz•zi E-6A.^6/„(c) / \ L or' 3 • .A• 6000' L • 77 j.!' (C:) d • 60'16'38" T• I6.6I' a. ...----1G N \sue. \ I\'rr. \ \X' r 4. \\ LOT 2 // \\ o c\ F "• \ N —10.17.(C) R•5000' L•3S.53'(C) d • 44'09'21" 7,2026' L 07 4 C A • L 0 T 5 A/074- TH/E P/rOPERTY /5 /A'E9ENTLY oCCUP/ED OV Ti/4- Co.VTRAC7C/? 5 FIELD off/CE COMPOL/NO (TRA/LFR. SS'J/40/N6 M4TTR/AL5. ETC.) 14570 b .Cev. T •/u/er LOT 6 AA/0 A 1.'17:747/0i/ or LOT? 1, -3 1 4 . L!L oCK cofl/? CTEO PLAT Of BLOCK G Of SPRING OAROEN P. B. 9 PG. /6 AKEA OF P.?ReN7 PA,CCEL./2, 6/9 P' AREA ro .9Lr ACOu/RED:• 5,113 L7' REMA/NOER /PIG//T 7,406 0' NO4'T/I COR14I DOR PAKCE,L NA2 7NPO0. /.5 t(f1P: /?WC 55-07 OFF l 1747 J2 (7. 6rAfi' OF ILC IMA COURIT OF DADE I, hereby certify, that on the 1st day of April 1983 , personally appeared Dewey Knight end Anne Shaw , to ma well awn as the persons described in p'A who executed the foregoing irstru=e.t, and pr1^nwl=d_3ed eAssistant that thManagerP Y� as/county and Deputy Clerk of DADE COUNT_r. F'LOR1DA , executed the saga for the purpose, therein exmressed es the free 'act and deed of DADE COUNTY, FLORIDA , and that the said instrument is the - act and deed of DARE COUNTY, FLORIDA IN WITNESS VE1220F, I have hereunto affixed my hPnd and official seal at Miami, Florida this 1st dsy of April , 1983 , NOTART i:, tIC<? — . a ;^ 0 :,w� (`' '"��; sZP. ''� • MY ColTrli scion Exz res : NOTARY PUBLIC STATE OF FLORIDA MY COMMISSIOii EXPIRES MAR 28 1985 BONDED IRRU GENERAL INS. URO. . n..;o%Obe III Of fCUL $1.:003 4A4 Of 0.1 Of. 73,1R1 Y. 1,1RIw A AUSAIe YE RifIEe RICh!ARD P. !MINUS, CLERK Clft%IIIT tX,URI ATTORN.EY'S CERTIFICATE The undersigned, a duly licensed Attorney -at -Law in the State of Florida , certi£ies.that I have examined the Declaration of Trust executed by R. Ray Goode, County Manager , dated April 1, 1976 'declaring, creating and holding in trust for the benefit of the United States of America (acting through the Department of Housing and Urban Development) and others certain therein described property. In my opinion, the said Declaration of Trust is a recordable instrument in the State of Florida , and the recordation thereof would constitute constructive notice of its contents to all persons. The Declaration of Trust herein referred to has been recorded in the office of the Clerk of the Circuit Court, Dade County in Deed Book, Number 9283. , Page Number 1731 Dated at Miami, Florida on this the 5th day of April , 19 76 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: Michael Liu (First Name) (Middle) (Last Name) HOME ADDRESS: 701 NW 1 Ct CITY: (Address Line 1) (Address Line 2) Miami STATE: Florida ZIP: 33136 HOME PHONE: (786) 469-4106 CELL PHONE: (786) 469-4106 FAX: EMAIL: m1iu88@miamidade.gov BUSSINESS or APPLICANT or ENTITY NAME Miami -Dade County Public Housing and Community Development BUSINESS ADDRESS: 7 01 NW 1 Ct (Address Line 1) Miami, Florida 33136 (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. Rezoning of 'T6-8L' to 'T6-80' for potential development needs 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 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. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: ignature Michael Liu Print Name Sworn to and subscribed before me this 10 day of juLi4 , 20y I . The foregoing ns rument was ac owledged before me by , who has produced not take an oath. �`� ( PV 1 S ' as identification and/or is personally known to me and who did/did lip' o°v _��_-.M. ��, STATE OF FLORIDA i NotFlo�) My1,8 Z*?'fF 95892 '` � �.., Commission Page 2 Enclosure(s) Doc. No.:86543 Helen Sawyer Assisted Livinq Facifiity ' Project Name`.`• s--O ) 0v t.r 0 uo t/- Pre-Application Meeting Assisted Living Facility ❑ Principal Frontage ❑ Other: June 5, 2015 Date Jason Hagopian, TSAO Design Group 0131350192100 Applicant Name jhaqopian a(�,tsaodesign.com Applicant Email Address 1150 NW 11 Street Road Folio Number 305.576.2006 ext.15 Applicant Phone Number Project Street Address TO BE COMPLETED BY THE OFFICE OF ZONING T6-8-L Rezoning — Sect. 7.1.2.8 Transect Zone Type of Permit Requested — Code Section Request to Rezone one property that is currently zoned T6-8-L to T6-8-O. Summary of Request Ry ferral issued by: CITY OF MIAMI OFFICE OF ZONING Ph: 305-416-1499 444 SW 2nd Ave 46Floor Miami, FL 33130 www miamigov.com/zoning -CS Date Revised 11128/2011 DEPARTMENT OF PLANNING AND ZONING LAND USE AND REZONE COMMENTS SEPTEMBER 2015 CYCLE June 12, 2015 Jason Hagopian TSAO Design Group 600 Brickell Avenue, Suite 3500 Miami FI 33131 Subject Site: 1150 NW 11 Street Road Net District: Overtown During our Pre -application meeting on June 8, 2015, the following request was presented: A rezoning per Article 7, Section 7.1.2.8 (a) (3), to allow the successional rezoning of land. The proposal is to change the zone the subject lot from T6-8-L to T6-8-0. In this case, a Land Use change is not required to correspond with the proposed rezoning. Based on the request, staff has prepared the following comments. Please note, said comments are not to be construed as a recommendation of approval or support of the proposal. Staff's comments are as follows: 1. The deadline to submit a complete Rezoning and Land Use Change application is July 17, 2015. Contact Ms. Christine Hwa, Hearing Boards Coordinator via e-mail at: CHwa@Miamigov.com or by phone at 305-416-2031 for an appointment to submit the application. a. Any restrictive covenant associated with the request, shall be submitted with the application package. 2. Provide a letter of intent in accordance to Article 7, Section 7.1.2.8 (c) 2, schedule of outreach meetings with the community, and a massing plan. 3. Include the acreage proposed to be rezoned on the survey. X A school concurrency letter is required; please contact the Hearing Boards Department at 305.416.2030 with any question 1' concerning the concurrency process. JAC*V LJ N� LLU..S (SAD 1 /1/1 #�{ 1S Nor R Q:. 5. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots. 444 SOUTHWEST 2ND AVENUE, 3RD FLOOR, MfAMf, FL 33130 305.416.1400 - WWW.MIAMIGOV.COM Page 2 of 2 1150 NW 11 Street Road 6. Provide a flash drive with all application materials. 7. A Traffic Study may be required upon further review of the submitted documents. Be Advised: 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. Consequently, the City of Miami reserves the right to comment on the proposal as more information is provided and may revise previous comments based on this supplementary information. The Department reviews proposals based on Miami 21 and the City Code. Furthermore, the proposed Rezone and Land Use Change is subject to review and compliance with the requirements of all City departments, as applicable. --Sincerely, 3acgLeline Ellis Planner II Cc: Christopher Brimo, AICP, Chief of Land Development Derrick Cook, Plan Coordinator Devin Cejas, Zoning Manager Pamela Stanton, Zoning Plans Processor Christine Hwa, Hearing Boards Coordinator 444 SOUTHWEST 2ND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 - WWW.MIAMIGOV.COM 13oundaPl SJu�,PV 1 I r pii0 Neetle i" = CB' CERTIFIED ONLY TO: .11e4 San, Plus LEGAL DESCRIPTION: ou>tbm 14 and _g tlou 14 ,Bloat 14 of ^IBOIB.AND PARE neo/dmg roue P. 1bereo4 as recorded m Put Beat 11_of. Pub. Reef,. of Flume -Doh age Cou�y, Mr�tlo ELEVATION INFORMATION National Mond(nsuraner Program ££dSA Met. Reference fa AVM 19:9 rslq 0312 Fmn Zone 'AB' ie of Elm 09-II-2009 B. Flood E. FFl rEle Orange Elev N/A Suffix •L' Elev. Reference to MEND 1e29 4-5d0 DATE 0.142014 PB I-15 SurtSmeNdm PROPERTI'ADDRESS: 115014or.. 1101 Sheet Road Mums ;Ion. 11115 AoEmnN wi1M Cw19S Mum Fluids1...14 41 Pk (ION 114u5gg Poe. 00611954m .....,..ram. City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00976zc 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 T6-8-L TO T6-8-O, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1150 NORTHWEST 11TH STREET ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1150 NW 11th Street Road [Commissioner Keon Hardemon - District 5] APPLICANT(S): Miami Dade County, Public Housing and Community Development FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PURPOSE: This will allow a zoning classification change from T6-8-L to T6-8-O for the above property. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on October 7, 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 City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; WHEREAS, the proposed zone change is in harmony with the requested land use pattern and the adjacent and nearby districts; WHEREAS, the proposed zone change is not out of scale with the needs of the neighborhood or the city; WHEREAS, changing conditions make the passage of the proposed change necessary; WHEREAS, there are substantial reasons why the use of the property is unfairly limited under existing zoning; WHEREAS, the proposed rezone will contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; WHEREAS, the propose change will 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 City of Miami Page 1 of 2 File Id: 15-00976zc (Version: 1) Printed On: 9/29/2015 File Number: 15-00976zc welfare; 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 approximately 1.04 acres from T6-8-L "Urban Core -Limited" to T6 -8-0 "Urban Core -Open", for the property located at approximately 1150 NW 11th Street Road, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected . Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(5)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 15-00976zc (Version: 1) Printed On: 9/29/2015 `EXHIBIT A' SUBJECT PROPERTY ADDRESS: 1150 Northwest 11 th Street Road Miami, Florida 33136 LEGAL DESCRIPTION: Lots 7 thru 14 and 28 thru 34, Block 14, of: "HIGHLAND PARK" according to the Plat thereof, as recorded in Plat Book 2, at Page 13, of the Public Records of Miami -Dade County, Florida. TSAO DesignGroup