HomeMy WebLinkAboutPZAB 10-5-11 Supporting DocsPZAB.6
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID:
Title:
Location:
Applicant(s):
Current Zoning:
Proposed Zoning:
Purpose:
Planning Department
Recommendation:
Analysis:
Planning, Zoning and
Appeals Board:
11-00700zc Quasi -Judicial
A RESOLUTION OF THE MIAMI PLANNING, ZONING ANS APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE
OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN
CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST
78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff -
District 2]
Lynn M. Summers, Authorized Representative, on behalf of
Marine Max East, Inc., Owner
1910 NW 13th Street
Miami, FL 33125
(305) 794-7599
T5-R Urban Center Zone -Restricted
T5-O Urban Center Zone -Open
This will change the above property to "T5-O" Urban Center Zone - Open.
Approval.
See supporting documentation.
October 05, 2011
ANALYSIS FOR ZONING CHANGE
840 NE 78th Street
FILE NO. 11-00700zc
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows:
Application requests:
A change to the current zoning classification of T5-R "Urban Center Transect Zone -Restricted" to T5-0
"Urban Center Transect Zone -Open."
The subject properties are located within the Upper Eastside NET area, and consist of one parcel comprising
approximately 0.2518 acres, that is approximately 10,970 S.F.; located on the southeast intersection of NE 78th
Street and NE 8th Court (Complete legal description is on file with the Hearing Boards Section).
Review and analysis of the proposed application finds that:
• The subject properties are part of a commercial corridor designated T5-R "Urban Center Zone" at the
southeast corner of NE 78th Street and NE 8th Court.
• The subject properties are adjacent to T5-0 north and west. Additionally, the properties respectively abut
T5-R and canal to the east and south.
• The subject parcels comply with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 a. Successional
Zoning.
• The proposed increase in Transect Zone would not be out of scale with the surrounding area. Additionally,
an increase to T5-0 would permit the same 65 DU to the acre as the current T5-R, providing an appropriate
transition between the proposed T5-0 and the T5-R neighborhood immediately to the east.
• Approving the requested change from T5-R to the proposed T5-0 should not have a negative impact on the
character of the area.
• If approved, the proposed zoning designation will require a Comprehensive Neighborhood Plan (MCNP)
FLUM amendment from "Medium Density Multifamily Residential" to "Medium Density Restricted
Commercial."
Based on the aforementioned findings, the Planning Department recommends approval of the application as
presented.
Analysis for ZONING CHANGE
File ID: 11-00700zc
Yes No N/A.
® ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive
Neighborhood Plan and does not require a plan amendment.
® ❑ ❑ b) The proposed change is in harmony with the established land use pattern.
Z ❑ ❑ c) The proposed change is related to adjacent and nearby districts.
® ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood
or the city.
® ❑ ❑ e) The proposed change maintains the same or similar population density
pattern and thereby does not increase or overtax the load on public facilities
such as schools, utilities, streets, etc.
® ❑
® ❑
f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
g) Changed or changing conditions make the passage of the proposed change
necessary.
h) The proposed change positively influences living conditions in the
neighborhood.
i) The proposed change has the same or similar impact on traffic and does not
affect public safety to a greater extent than the existing classification.
j) The proposed change has the same or similar impact on drainage as the
existing classification.
k) The proposed change has the same or similar impact on light and air to
adjacent areas as the existing classification.
I) The proposed change has the same or similar impact on property values in the
adjacent area as the existing classification.
m) The proposed change will contribute to the improvement or development of
adjacent property in accord with existing regulations.
n) The proposed change conveys the same treatment to the individual owner as
to owners within the same classification and the immediate area and furthers the
protection of the public welfare.
❑ o) There are substantial reasons why the use of the property is unfairly limited
under existing zoning.
❑ p) It is difficult to find other adequate sites in the surrounding area for the
proposed use in districts already permitting such use.
0
150
300
M IAM 121 MAP
600 Feet
ADDRESS: 840 NE 78 ST
0
150
300
MIAMI 21 MAP (PROPOSED)
600 Feet
ADDRESS: 840 NE 78 ST
0
150
300
600 Feet
ADDRESS: 840 NE 78 ST
REZONING APPLICATION
MIAMI 21
;3 JUL a i
jp t
Welcome to the City of Miami! This application is intended to serve as a guide in assisting you
with our public hearing process. Please feel free to contact us, should you have any questions.
The deadline to file the complete application with supporting documents is the last five working
days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm.
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 before the deadline 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. 06-2011
CITY OF MIAMI
HEARING BOARDS
Ph: 305-416-2030
444 SW 2nd Ave 7th Floor Miami, FL 33130
www.miamigov.com/hearing_boards
2
t .
lease refer to Article 71:2 8`of the Miami 21 Code for Rezoning information.
Applicants) , 'Lynn M Summers Authorized Representative for MarineMax East, Inc., Owner
. Subject property,address(es) and folio number(s): 840 NE 78th Street —Folio # 0132070163860
. Present zoning desigriation(s) r T5-R
ropos�ed zoningdesignatiori(s): T5-O
",5352
'erMiam 21; Aiti"cle7 1 2 8 c g), an analysis of the properties within a one-half mile radius of
thesubject property, including aei=ial 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) 84<11 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 owneff-and contract purchasers, if
applicable -cif 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
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.
Corporation
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.
Rev. 06-2011
CITY OF MIAMI
HEARING BOARDS
Ph: 305-416-2030
444 SW 2nd Ave 7tFloor Miami, FL 33130
www.miamigov.com/hearing_boards
3
e acreage of the' project/property site? .25 acres — 10,970 sq. feet
i' Nt c p
hat is thepurpose of'thl's ;application/nature of proposed use? To conform zoning with use as
Manne4Related Commercial Facility\and correct code enforcement violation.
zi s the property within -the boundaries. of afhistoric site, historic district or rcheo o i al zo ? lease
contact the'Planning',Department on the',3rd Floor for information. No • 01 • '�7;)-12j/)).
s`°the" property within the boundaries,lof an Environmental Preservation^41stri ea con: t h.e
'Ianning',Departme'nt-on the 3rd Floor�for information. I U Q, �� �•
r,
20 Cost of pro.cessingjaccording °to Section 62-156 of the Miami City Code*:
Change ofrioninglassification to:
a. CS, T3-R, T3-L, T3-O, per square foot of net lot area
Minimum
$ .15
$ 635.00
b. T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI, per square foot of
net lot area $ .20
Minimum $ 750.00
c. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, per square foot of net lot area $ .25
$ 900.00
Minimum
d. T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD, per square foot of net lot area $ .30
$ 1,000.00
Minimum
Public hearing and public meeting mail notice fees, including cost of handling
and mailing per notice $ 3.50
*Pursuant to • dinance 1271 all planning and zoning fees in excess of $25, 000.00, shall be paid in
the form of a c. rtified chick, shier's check, or money order.
Signature
Name Lynn M. mmers, Representative
MarineM.. East, Inc.
Telephone: 305-794-7599
1910 N.W. 13th Street, Miami, Florida 33125
E-mail: Imsum@earthlink.net
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Th foregoing was a knowled d efore this � day of TA,
20 , by An IM
a(n) individual/partner/ag nt/corporation of
individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
Y,rl% ANELRODRIGUEZ
f*E1 MY COMMISSION # EE 101837
� '� EXPIRES: June 12, 2015
dL`4 Bonded 'Mu Notary Pubic Undeivrtitets
Rev. 06-2011
CITY OF MIAMI
HEARING BOARDS
Ph: 305-416-2030
444 SW 2nd Ave 7,11 Floor Miami, FL 33130
www.miamigov.com/hearing_boards
a(n)
who is
4
{'OF AUTHORITY TO ACT
11 77
Before me this day, the undersigned personally appeared Lynn M. Summers
f : +_ F -? , who being by me first deposes and says:
r e t1 11
That h/she is the owner or the legal' Aoresentative of the owner, submitting the public hearing
applicatio'n,ras required by the$.Code"ofg°the City of Miami, Florida, affecting the real property located in
the City of�Miami, as listed„on1the;foregoing pages.
2. Thatial owners who's lie/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 m`the foregomg petition, including 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.
Lynn M. Summers
Applicant(s) Name Applica s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledge efore me this c,1 e) day of 2 c,-1 cs
20,__Li_, by L. LI h v) 1`1 .. , 4 ,r•, ✓ i e re S who is
a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is_personal) r�known to me or who has produced
as identification and who did (did not) tak/ an oath.
(Stamp)
Rev. 06-2011
CITY OF MIAMI
HEARING B OARDS
Ph: 305-416-2030
444 SW 2nd Ave 7th Floor Miami, FL 33130
w‘vw.miamigov.com/hearing_boards
5
CORPORATE RESOLUTION
OF
MARINEMAX EAST, INC
The undersigned director of MarineMax East, Inc., a Delaware Corporation (the
"Company"), does hereby certify that the Company is a valid corporation organized and
existing under the laws of the State of Delaware, and does hereby further certify that I am
making the following Resolution in accordance with the Articles of Incorporation of the
Company.
RESOLVED, that Lynn M. Summers, Principal, d/b/a Community Technologies
1910 NW 13th Street, Miami, Florida 33125 is hereby authorized for this specific purpose
and directed to do whatever may be necessary and appropriate to effect the rezoning of
MarineMax East, Inc. property located at 840 NE 78t' Street, Miami, Florida — Folio
0132070163860, and said individual is hereby authorized and directed to execute in the
name and on behalf of the Company and all documents necessary or proper to carry into
effect this Resolution.
I further certify that the copy of the Resolution shown above is true and correct
and the same has not been modified and rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand as Director of the
Company in accordance with the Articles of Incorporation.
-
Dated this /rday of July, 2011.
MarineMax East, Inc.
Michael H. cLamb
Director
EZO`N I N G `APPLICATION
LURE OF OWNERSHIP
r(�icrw-pl P',
t.
List the owners) 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;'requesf orapetition. Accordingly, disclosure of shareholders of corporations, beneficiaries
of trusts;, and/or any;other interested parties, together with their address(es) and proportionate interest
`,fare required. Please::',supply asdditiori'al lists; if necessary.
Ownes"Name(es)"See attacheddescription of ownership of MarineMax East, Inc., and diagram.
Percentage .o
wnershipw
Subject Property Address(es)
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):
See attached list of owners.
Lynn M. Summers, Representative
Owner(s) or Representative Name Owner or Representative Signature
Legal Description(s):
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 'v day of --.f u- / J
20 11 , by c v) lc/ , d i, rv, vv, e Y2 S
a(n) individual/parer/agent/corporation of a(n)
individual/partnership/corporation. He/She is ersonally known to me or who has produced
o Rgiii4ctification and who did (did not a =n oath.
.�c,S10N Eio� .•• ��
(Stamp) o.9Fs�*= signature
E p er.41,. ¢=
•
'may •• Bonded��0�
49):;041 ubhc�a•.`�\���� CITY OF M I A M I
�y��///�0 \ HEARING BOARDS
Ph: 305-416-2030
444 SW 2nd Ave 7th Floor Miami, FL 33130
Rev. 06-2011 www.miamigov.com/hearing_boards
who is
6
MarineMax Inc. Post Restructuring
Organizational Chart
1T MarineMax USA
Dumas GP Inc.
11502 Dumas (Incl. Dumas GP LLC & MarineMax TX, LP)
MarineMax of Arizona, ins
MarineMax of Minnesota, inc,
MarineMax of Las Vegas, inc.
MarineMax of Utah, Inc.
MarineMax of Colorado Inc,
MarineMax of California, Inc.
Harrison's Realty CA, LLC
Harrison's Realty, LLO
C&,N Marine LLC
Walker Marina Realty LLC
Marina Drive Realty I LLC
Marina Drive Realty 1i LLC
2�= MarineMax of North Carolina, inc.
MarineMax of Georgia, Inc.
MarineMax of Missouri, Inc.
MarineMax of Ohio, Inc.
Boating Gear Center
Bassett Boat Company
Bassett Realty, LLC
Gutfwind South Realty, LLC
Florida Partnership Structure including_
MarineMax of Southeast Florida, LLC
MarineMax of Central Florida, LLC
• MarineMax of Southwest Florida, LLC
- MarineMax Motor Yachts, LLO
MarineMax of Sarasota, LLC
MarineMax International, LLC
3= MarineMax of New York, Inc,
MarineMax of New Jersey Holdings, Inc.
(Includes: MarineMax New Jersey GP,
Inc., MarineMax NJ Partners, Inc., and
MarineMax Midatlantic, LP.)
Board of Directors Page 1 of 1
, Board of Directors
Highlights I Board of Directors I Executive Officers I Committee
Composition
Hilliard M Eure III
Retired Managing Partner
KPMG, Tampa Bay Practice
John B Furman
Consultant for various domestic and international public and
private companies
Robert S. Kant, Esq.
Principle Shareholder
Greenberg Traurig
Russell J. Knittel
Executive Vice President
Synaptics Incorporated
William H. McGill, Jr.
Chairman of the Board, Chief Executive Officer and President
Michael H. McLamb
Executive Vice President, Chief Financial Officer and Secretary
Joseph A. Watters
Founding Chairman, Oceania Cruises
Dean S. Woodman
Retired Managing Director
ING Baring
http://phx.corporate-ir.net/phoenix.zhtml?c=105460&p=irol-govBoard 7/22/2011
Executive Officers Page 1 of 1
. Executive Officers
Highlights I Board of Directors I Executive Officers I Committee
Composition
William H. McGill, Jr.
Chairman of the Board, Chief Executive Officer, and President
Michael H. McLamb
Executive Vice President, Chief Financial Officer and Secretary
Edward A. Russell
Executive Vice President, Chief Operating Officer
Kurt M. Frahn
Vice President of Finance and Treasurer
Paulee Dav
Vice President, General Counsel and Assistant Secretary
http://phx.corporate-ir.net/phoenix.zhtml?c=105460&p=irol-govManage 7/22/2011
Exhibit "A"
Legal Description
Lot 17, Block 22, of Shore Crest, According to the Plat Thereof
Recorded in Plat Book 10, Page 23, of the Public Records of
Miami -Dade County, Florida
PREPARED BY AND RETURN TO:
J. Matthew Marquardt, Esquire
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200
Post Office Box 1669 (33757)
Clearwater, Florida 33756
QUIT CLAIM DEED
1111111 IIIII 1111111111111111111111111111111111
CFN 2008R0144104
OR 8k 26227 Fss 0666 - 668; (3Pss)
RECORDED 02/21/2008 15:43:07
DEED DOC TAX 0.60
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
THIS INDENTURE, made this 73ay of February, 2008, between MARINEMAX
OF SOUTHEAST FLORIDA, LLC, a Florida limited liability company, of the County of
Pinellas, and the State of Florida, Party of the First Part, whose mailing address is 18167 U.S.
Highway 19 North, Suite 300, Clearwater, FL 33764, and MARINEMAX EAST, INC., a
Florida corporation, of the County of Pinellas, and the State of Florida, Party of the Second
Part, whose mailing address is 18167 U.S. Highway 19 North, Suite 300, Clearwater, FL 33764.
WITNESSETH, that the said Party of the First Part, for and in consideration of the sum
of Ten and no/100 Dollars ($10.00), in hand paid by the said Party of the Second Part, the receipt
whereof is hereby acknowledged, has remised, released and quit claimed, and by these presents
does remise, release and quit claim unto the said Party of the Second Part all the right, title,
interest claim and demand which the said Party of the First Part has in and to the following
described lot, piece or parcel of land, situate lying and being in the County of Miami -Dade, State
of Florida, to wit:
See attached Exhibit "A" Legal Description
TO HAVE AND TO HOLD the same, together with all the singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim
whatsoever of the said Party of the First Part, either in law or equity, to the only proper use,
benefit and behoof of the said Party of the Second Part.
IN WITNESS WHEREOF, the said Party of the First Part has hereunto set our hand and
seal the day and year first above written.
—1—
Signed, Sealed and Delivered
in the Presence of:
MARINEMAX OF SOUTHEAST
FLORIDA, LLC
By:✓ (/
Kurt Frahn, Assistant Secretary
r
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments, Kurt Frahn, to me personally known
or who has produced as identification and who did take an oath,
and known to me to be the individual described in and who executed the foregoing instrument
and he/she acknowledged before me that he/she executed the same for the purposes therein
expressed.
WITNESS my hand and official seal at Clearwater said County and State, this day
of February, 2008.
RARBARA VACK
COMO DD3-611616
Expose 10l16@666
sondod Uu (600)432.4264:
FIoeda No49 Assn.. Inc
-2-
Notary Public
Print Name BigkeAM.A YACK.
My Commission Expires: /O/20/0f6-
OR E,K 26227 PG 0668
LAST PAGE
EXHIBIT "A"
PARCEL 1:
Beginning at the Northwest corner of Lot 1, Block 20, of Shore Crest, a subdivision as shown by
the Plat thereof, as recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade
County, Florida, run East 100 feet along the North line of said Lot; thence South to the North
Bank of Little River; thence Westerly along the North Bank of Little River 52.43 feet to the
Southwest corner of said Lot; thence Northerly along the West line of said Lot to the Point -of -
Beginning; less the North 5 feet and the East 50 feet thereof.
AND INCLUDING
A portion of Lot 1, Block 20, Shore Crest, according to the Plat thereof, recorded in Plat Book
10, Page 23, of the Public Records of Miami -Dade County, Florida, being more particularly
described as follows:
Commence at the Northwest corner of said Lot 1, Block 20, as platted; thence run in an Easterly
direction along the North line of said Lot 1, for 100.00 feet; thence deflect 91 degrees 03 minutes
45 seconds to the right and run South for 5.00 feet to the Point of Beginning; thence continue
south for 217.13 feet, more or less, to the sea wall on the North Shore of Little River; thence run
in a Southeasterly direction, along the said sea wall, for 183.61 feet; thence run North, along the
West right-of-way line of "River Walk", as shown on the aforesaid Plat of Shore Crest, for
130.11 feet, more or less, to a point of curvature; thence run in a Northwesterly direction, along a
circular curve to the left having a radius of 15 feet and a central angle of 73 degrees 57 minutes
30 seconds, for an arc distance of 19.36 feet to a point of tangency; thence run in a Northwesterly
direction, tangent to the last described circular curve, for 6.89 feet; thence deflect 106 degrees 02
minutes 30 seconds to the left and run South, along a Southeasterly extension of the West right-
of-way line of Northeast 8th Court, as shown on the said Plat of Shore Crest, for 12.19 feet;
thence run West, parallel to the aforesaid North line of Lot 1, for 147.52 feet; thence deflect 90
degrees to the right and run North for 100 feet; thence run West, parallel to and 5 feet South of
the said Northline of Lot 1, as shown on the Plat of Shore Crest, for 16.27 feet to the Point of
Beginning.
AND INCLUDING
The East Fifty (50) feet of the following described property:
Beginning at the Northwest corner of Lot 1, Block 20, of' Shore Crest, a Subdivision as shown by
the Plat thereof recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade
County, Florida, thence run East 100 feet along the North line of said Lot; thence South to the
North bank of Little River; thence Westerly, along the North bank of Little River, 52.43 feet to
the Southwest corner of said Lot; thence Northerly along the West line of said Lot to the Point of
Beginning; less the North 5 feet thereof.
AND INCLUDING
Lot 17, Block 22, of Shore Crest, according to the Plat thereof recorded in Plat Book 10, Page
23, of the Public Records of Miami -Dade County, Florida.
PARCEL 2:
The Leasehold interest in and to that certain Sovereignty Submerged Lands Lease No.
130023826, from the Board of Trustees of the Internal Improvement Fund of the State of Florida,
as recorded in Official Records Book 23391, P{ages 1693 through 1705, of the Public Records
of Miami -Dade County, Florida.
h:\data\aty\jmm\marinemax\boatarama\qc deed 1.doc
-3-
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: Lynn M. Summers
(First Name)
(Middle) (Last Name)
HOME ADDRESS: 1910 NW 13th Street
(Address Line 1)
(Address Line 2)
CITY: Miami STATE: Florida ZIP: 33125
HOME PHONE: (305) 448-0997
EMAIL; lmsum@earthlink.net
CELL PHONE: (305) 794-7599
FAX: (305) 448-3467
BUSSINESS or APPLICANT or ENTITY NAME
MarineMax East, Inc.
BUSINESS ADDRESS: 840 NE 78th Street
(Address Line 1)
Miami, Florida
(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 and Miami Neighborhood Comprehensive Plan Amendments.
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 0 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
or committed.
Name
a.
' Yl�.
name, address
and phone number of the person(s) or entities to whom consideration has been provided
r� • Address Phone#
i ) n . )1 F/ i
b.
c.
* Additional names can
4. Please describe the
NA.
be placed
natur of
Ji
on a separate
the consideration.
, 117,2
page
attached to this form.
1,d11
5. Describe what is being
Ali
r qu
A
sted in exchange
1)744n
for
the consideration.
ACKNOWLEDGEMENT
I hereby acknowledge that it is unlawful to employ any
Ordinance 12918 and such circumvention shall be deemed
or civil penalties that may be imposed under the City
disclosure requirement was not fully and timely satisfied
1. the application or order, as applicable,
effect; and
2. no application from any person
considered by the applicable boa
nullification of the application or I
PERSON SUBMITTING DISCLOSURE: Or
device,
a
Code,
the
or entity
d(s) until
der.
OF COMPLIANCE
scheme or artifice to circumvent
violation of the Ordinance;
upon determination by the
following may occur:
shall be deemed void without
for the sa e issue shall
expiration a period
11
� l ',
the disclosure requirements of
and that in addition to the criminal
City Commission that the foregoing
further force or
be reviewed or
of one year after the
VY1
`0l11i1i%� Lynn
ig ure
i�. Summers, Representative
\\�0 . �NE/S+�;ii� Print Name
��berl
A9 %
z`\ �o• is
ig to ffteg �bscri e efore me this c 2 day ofYu—/L/ , 201 ! . The foregoing
r,�rm RP7iPS9 gr' ledged before me by �J , who has produced
i 9� ��; Pob%u 1^;:4' ti`• ��� as identification and/or is erson l known to me and who did/did not take an oath.
i 1B1 iC, ST1„-s �,o,
STATE OFFLORIDA
1
CITY OF MIAMI 1
MY COMMISSION Notary
EXPIRES:
Print Name
Enclosure(s)
Doc. No.:86543 Page 2
Zoning Analysis
840 NE 78th Street
("Subject Property")
Request
The Rezoning Application seeks a change for the current zoning classification for the
Subject Property from the current T5-R (Restricted) Urban Center designation to the T5-O
(Open) Urban Center designation. The Subject Property consists of a .25 acre site
(approximately10,970 square feet). This Application requests an extension of an existing
Transect boundary between the T5-O and T5-R areas. While there is a current open code
enforcement violation for lack of a valid Certificate of Use as a Marine -Related
Commercial Establishment, this Rezoning Application will lead to the resolution of this
violation because it will allow an application for a Certificate of Use.
Analysis
The Subject Property is located within the Upper Eastside NET area, and consists of a
single parcel comprising .25 acres, located in the South side of NE 78th Street near the
intersection of NE 78" and 79" Streets. It is located on the deep -water Little River Canal.
The improvement of the Subject Property is a two-story building originally constructed
and used as a residential motor court. Since at least 1978 and perhaps earlier, this
building has been used in connection with the boat repair and servicing facility at 790,
800 and 820 NE 79' Street for storage of parts and other non -industrial marine service
activities.
The owner of the Subject Property, as well as the adjacent parcels at 790, 800 and 820 NE
79" Street is MarineMax East, Inc., a Delaware corporation authorized to do business in
the Florida. MarineMax, Inc., a Delaware corporation authorized to do business in
Florida, operates at these four (4) addresses a Marine -Related Commercial Establishment,
as defined in the Miami 21 zoning code, under the trade name, MarineMax.
Under Miami 21, the area along NE 79" Street from Biscayne Boulevard on the North and
South sides of 79' Street to the 79" Street Causeway is a commercial corridor designated
as T5-O Urban Center which consists of higher density mixed -use building types that
accommodate retail and office uses, rowhouses and apartments. Marine -Related
Commercial Establishments are allowed by Warrant in T5-O Urban Center areas. The
purpose of this application is to extend the boundary between the T5-O and T5-R areas by
approximately 60 feet or less to reflect the actual use of the Subject Property for the last
thirty (30) or more years and to allow for a Certificate of Use application for the Marine -
Related Commercial Establishment.
The Subject Property is flanked to the North by T5-O areas, to the West by T5-O areas and
to the East by two Tots designated as T5-R and to the South by the Little River Canal. On
the South of the Little River Canal is an area of single-family homes designated as T3-R.
The character of the entire area including the Subject Property is higher density mixed use
building types many of which are Marine -Related Commercial Establishments which
operate on the Little River Canal which provides deep -water access to Biscayne Bay. The
proposed increase in intensity from R-Restricted to 0-Open within the same T5 Transect
Zone will not be out of scale with the remainder of the corridor; rather, it will simply
extend the boundary for the intensity of uses within the T5 Transect Zone.
The requested rezoning will not negatively impact the character of the commercial
corridor or the surrounding multi -family residential properties.
The requested rezoning of the Subject Property requires an amendment to the Miami
Comprehensive Neighborhood Plan Future Land Use Map designation the current
Medium Density Multifamily Residential to Medium Density Restricted Commercial with
no change in the density of 65 units per acre. An application for such an amendment to
the MCNP is being filed at the same time as the Rezoning Application. A Marine -Related
Commercial Establishment is allowed by Warrant in Medium Density Restricted
Commercial while it is not allowed in Medium Density Multifamily Residential, thus, both
the Rezoning and Comprehensive Plan Amendment Applications are necessary and
appropriate for the continuation of the Marine -Related Commercial use that has existed on
the Subject Property for 30 or more years.
Subject Property- 840 NE 78th Street
Subject Property- View to the East
Subject Property- View from NE 78th Street
850 NE 78u Street- Abutting Property
Subject Property- 840 NE 78th Street
(Abutting Properties)
860 NE 78"' Street- Nearby Property
830 NE 79t�Street- Abutting Property
860 NE 79"' Street- Abutting Property
MAPiNr AX EAST :INC
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1. No OO/0ments of record reeding easements, fight o1 way, and err ownership were famished to this saenw except
shown.
2 tleaings am be.P. an an ...toed vale or b75005e7 ekng the center a or N£ 286 SE
J. Unless .Mewie noted teeo. and measured data ate in substantial agreement.
9. fie Sleet Rghlrof-Way abutting 000 properly ere physkaly open unless otherwise noted.
S. Fence ownership it an, was established by Ps., means any, but legal ownership has not be. determined.
& set Iron pipe er Pin with cep flan (lo' a length by OS opera inches, enkn ) at as comers as othen e.
noted.
2. Not serf w1"haat the signature end the sighs! resod sal of o Florida licensed sunoyor and mapper.
& Na underground Mstolbtions or rmpmvemenes hate teen amt..
9. The symbols Of o.y) elect. rn The legend as on the survey hove been ergo,. Iva ckdy. the symbele hove been
platted at the center of the reld location and may not represent the actual see or shape or the feature
mmlor did not MOM the Pr.., for endrormsntal hazards or jurod oral wad
11. the :nrmmrab'on dep6l.d on tle0 map represeds the 4.500s of the sung on the dale in1rnted and can ony be
canadered as 1.4000lg the general canoe'.. arktbg at that time.
12 Due to The frequent changes and interpretations of mnug Penances it A the owner's reepa..oMTV• m redy zoa'ng
rafnetk. be/ ce.Lucfx
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LOCATION SKETCH
A PO0TIW OF SECTION 7, TOWNSHIP 53
SOUTH. RANGE e2 EAST, MIAMI-DADE
COUNTY. FLORIDA.
SCALE...00
rent OESCRImro..
LOT 17.. &CCN 22. OF SHORE CREST. ACCORDING TO 0IE PUT ?HEREOF RECORDED PI PUT BOON W. PACE 23,, OF ME
FV&IC ROMRDS OF 111.1-610£ MIOS// (WPM
atabireORM rapho AIF
l 11EREBy C ITIIM that the properly as shown and dascn0ed hereon vas papa?ed other my supeniska and that them
are no above ground encroachments unless otherwise shown, also that this Boundary SLmy meets the Alinimum Tech ' 1
Sion .s set forth by the Fkn'da Board al Professional 5u p and N.p➢ee in Chapter SIG17-6. Bona Admireeh°Bw
Cade. pursuant to Section 472027 Fladdo Statutes MN that Um sketch hereon is true and correct la the best of my
wleSge and be0ar. Subject to at. and notations shown hereon.
&VOTING/ AND ORANGE COSMO. ENWNEERS NC IB1012
Let Feld Sun, Otte: 07-20-2011
V W 1
Arturo A Sea
Sale o/k o 2629
A—•••••••••1
a
MIAMI-DADECOUNTY, FLORIDA
SEC. 7-53-42
h
Z
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PRO1 W. 200,0111
INSDNEIE
MAX 01
OOMFR AS
MIL AS IVO
DAM 07-204011
SHEET:
1
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