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Home My WebLink AboutPZAB 09-16-15 Supporting DocumentationPZAB.8 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Purpose: Finding(s): Planning & Zoning: Planning, Zoning and Appeals Board: 15-00974zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-L AND T4-L TO T4-O, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 4201 NW 2nd Avenue [Commissioner Keon Hardemon - District 5] Steven Wernick, Esquire, on behalf of 4201 Design West, LLC This will allow a Zoning Classification change from T3-L and T4-L to T4-O for the above property. Recommended approval. See companion File ID 15-009741u. September 16, 2015 City of Miami Planning and Zoning Department Division of Land Development ANALYSIS FOR CHANGE OF ZONING FILE ID: 15-00974zc APPLICANT: Steven j. Wernick on behalf of 4201 Design West LLC (the "Owner") PROJECT ADDRESS: 4201 NW 2 Avenue. ZIP: 33145 NET OFFICE: Little Haiti COMMISSION DISTRICT: District 5 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 for a parcel assigned with two zoning classifications, from T3-L "Sub -Urban Transect Zone - Limited" (eastern portion) and T4-L "General Urban Center Transect Zone - Limited" (western portion) to T4-O "General Urban Center Transect Zone - Open", as follow: TABLE 1. REQUEST DESCRIPTION Address: 4201 NW 2nd Avenue Folio #: 01-3124-020-0280 Lot Area: approximately 17,273 sq.ft. (0.40 acres) Portion FLUM Zoning classification Current Proposed Current Proposed Eastern Duplex - Residential Low Density Restricted Commercial T3-L (Sub -Urban Transect Zone Limited) T4-0 (General Urban Transect Zone Open) Western Restricted Commercial No Change proposed T4-L (General Urban Transect Zone - Limited) T4-0 (General Urban Transect Zone - Open) The subject parcel is an irregular shaped corner lot of approximately 0.4 acres, located on the southwestern corner of the block bounded by NW 44th Street to the north, by NW 1st Avenue to the east, by NW 42nd Street to the south and by NW 2nd Avenue. (Complete legal description is on file with the Hearing Boards Section). City of Miami Planning and Zoning Department Division of Land Development BACKGROUND: The subject property had also split zoning under Z.O 11000, having the eastern portion designated with R-2 "Two -Family Residential" and the western portion with C-1 "Restricted Commercial"; the property was subsequently rezoned on April 2010 with the adoption of Miami 21 to T3-L "Urban Transect Zone- Limited" and T4-L "General Urban Center Transect Zone - Limited" respectively. COMPREHENSIVE PLAN: This rezoning of the eastern portion requires a Future Land Use Map (FLUM) amendment from Duplex Residential to Low Density Restricted Commercial which is requested in the companion item identified with the File ID #: 15-009741u. NEIGHBORHOOD CHARACTERISTICS: ZONING SUBJECT PROPERTY EASTERN PORTION T3-L (Sub -Urban Transect Zone - Limited) Limited to 9 D.U. per acre WESTERN PORTION T4-L (General Urban Transect Zone - Limited) Limited to 36 D.U. per acre SURROUNDING PROPERTIES NORTHWEST: T4-L (General Urban Transect Zone - Limited) Limited to 36 D.U. per acre NORTHEAST: T3-L (Sub -Urban Transect Zone - Limited) Limited to 9 D.U. per acre EAST: T3-L (Sub -Urban Transect Zone - Limited) Limited to 9 D.U. per acre SOUTHEAST: T3-O (Sub -Urban Transect Zone - Open) Limited to 9 D.U. per acre SOUTHWEST T4-O (General Urban Transect Zone - Open) Limited to 36 D.U. per acre WEST T4-L (General Urban Transect Zone - Limited) Limited to 36 D.U. per acre FUTURE LAND USE DESIGNATION Duplex - Residential Restricted Commercial Restricted Commercial Restricted Commercial Duplex - Residential Duplex - Residential Restricted Commercial General Commercial File ID#: 15-00974zc Page 2 of 7 City of Miami Planning and Zoning Department Division of Land Development Existing Future Land Use Map (FLUM) NORTHWEST (Rest Comm) WEST (Rest Comm) NOF SOUTHWEST (Gen Comm) THEA uplex ST EAST uple K) SOUTHEAST (Duplex) ANALYSIS: Existing Zoning Classification NORTHWEST (T4-L) NOF ( ST The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a)(3), (c)(1) & (f)(2) of Miami 21. The Background section of this report is hereby incorporated into the analysis and its corresponding criteria by reference: Criteria Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street. Analysis: The request involves an extension to the north of the existing Transect boundary (T4-O) located directly south to the subject parcel. Finding: The request involves an extension of an existing Transect Zone, hence it is compliance with the Miami 21 Code criteria for such request. Criteria A rezoning may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan, and in a manner which maintains the File ID#: 15-00974zc Page 3 of 7 City of Miami Planning and Zoning Department Division of Land Development goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Analysis: The subject property has two zoning classifications and the request is seeking to unify the zoning classification for the entire property; the eastern portion is classified T3-L "Sub -Urban Transect Zone - Limited" and the western portion T4-L "General Urban Center Transect Zone - Limited". The requested rezoning is to T4-O "General Urban Center Transect Zone - Open". Even though the requested zoning change for the eastern portion from T3-L to T4-O proposes a rezoning to the next higher Transect Zone, the new zoning classification allows for more uses and higher intensity. Appropriate buffers to protect the abutting single-family residential neighborhood to the northeast, east and southeast must be considered. The density as limited by the zoning classification will be increasing from 9 to 36 DU/acre. The requested zoning change for the western portion, from T4-L to T4-O, proposes a rezoning within the same Transect Zone to a greater intensity while maintain the density in 36 DU/acre. Finding: The request comply with the successional zone transition in density and intensity which is consistent with the goals of the Miami 21 Code. Letters of support The applicant submitted letters of support in representation of six (surrounding properties as follow: Address Owner or Owner Representative in support of the application 4215 NW 2 Ave Norman Segall 3930 NW 2 Ave Alexander Boria 188 NW 44 St Norman Segall 3922 NW 2 Ave Alexander Boria 4301 NW 2 Ave Norman Segall 4151 NW 2 Ave Norman Segall File ID#: 15-00974zc Page 4 of 7 City of Miami Planning and Zoning Department Division of Land Development In regards to the uses allowed, "Table2. Excerpt of Article 4 Table 3 of Miami 21 Code" shows how the new uses will impact the surrounding area with the proposed rezoning. Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK LODGING BED & BREAKFAST INN OFFICE OFFICE COMMERCIAL ENTERTAINMENT ESTABLISHMENT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY T3 9 R R R R E E N N T4 36 1 R R R R R E R R R R R 1 R R E R W R R T4 R R R R R E R R R R R E R W R R N T4 36 R R R R R E R R R R R R R E R W R R File ID#: 15-00974zc Page 5 of 7 City of Miami Planning and Zoning Department Division of Land Development Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (Cont...) CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MARINA PUBLIC PARKING TRANSIT FACILITIES EDUCATIONAL CHILDCARE ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL CONCLUSION: T3 W 1 E E E T4 W W W W W W E E E E R E T4 W W W W W W E E E E R T4 IMP W W W W W W E E E E R E The application is for the rezoning of the property located at 4201 NW 2nd Avenue, which currently operates a Day Care facility. The requested rezoning on the portion facing NW 2nd Avenue is the minimal possible request and the rezoning for the eastern portion will unify the zoning classification of the property mirroring the existing transition to the south. The request complies with the requirements of Miami 21 Code, and any future development has to comply with all applicable regulations, specifically Section 9.7 of Miami 21 Code entitled "Buffers between dissimilar land uses" The Department of Planning and Zoning recommends approval of the applicant's request for a change of zoning as presented. File ID#: 15-00974zc Page 6 of 7 A SS Siff_____ LN OF - City of Miami it, * 11n11 11Af11 1 '' Planning and Zoning Department '''-1 Division of Land Development RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning & Zoning Department recommends approval of the proposed rezoning as presented. Christopher Brimo Chief of Land Development 8/31/2015 S. Garrido File ID#: 15-00974zc Page 7 of 7 MIAMI 21 ZONING MAP (EXISTING) T3-L 1 J NW 40TH ST I 1 NW 40TH ST 1 77- T3-O 1 1 1 0 150 300 600 Feet I 1 I I 1 ADDRESS:4201 NW 2 AV MIAMI 21 ZONING MAP (PROPOSED) ce NW 45TH ST NW 44TH ST NW 43RD ST T3-L NW 42ND ST NW 41ST ST NW 2ND AVE T4-O NW 45TH ST NW 44TH ST NW 42ND ST NW 41ST ST NW 40TH ST NW 40TH ST T3-O I I I 0 150 300 600 Feet I i I I J 1 NW 1ST AVE II ADDRESS:4201 NW 2 AV - 44TH ST'- NW 43RD ST NW42NDST 41ST ST 40TH ST API 1' use NW: 45T H?ST ..I 42ND ST NW41ST ST NW.40TH ST. • -� I 1 • 3r�iu a?ego Nmo a l p 4 "§G7b3o<<o m-',1. ' 0 150 300 600 Feet I i I I ADDRESS:4201 NW 2 AV Steven J. Wernick Akerman LLP One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5500 Fax: 305.374.5095 Dir: 305.982.5579 Dir Fax: 305.349.4803 steven.wernick@akerman.com July 17, 2015 Via Hand Delivery Olga Zamora, Chief Hearing Boards Division City of Miami 444 SW 2nd Avenue Third Floor Miami, FL 33130 RE: 4201 NW 2nd Avenue, Miami, Florida Rezoning and Comprehensive Plan Amendment Dear Ms. Zamora: On behalf of 4201 Design West, LLC (the "Applicant"), enclosed find applications for a rezoning and companion future land use amendment for the parcel located at 4201 NW 2" Avenue (the "Property"). The Property is identified by the Miami -Dade County Property Appraiser as consisting of one folio (01-3124-020-0280), As set forth on the enclosed survey prepared by John Ibarra & Associates, last updated June 4, 2015, the total land area is 17,273 square feet. The existing zoning for the Property is presently split between T4-L at the western portion with frontage on NW 2nd Ave and T3-L with frontage on NW 42' Street. The future land use designations are similarly split between Restricted Commercial on the west and Duplex Residential on the east. The Applicant is proposing to amend the future land use designation of the eastern portion of the Property to Low Density Restricted Commercial and to rezone the entire Property to T4-0 (the "Applications"), The land use change and rezoning will serve to achieve consistent zoning on a unified parcel under one ownership which is compatible with the Restricted Commercial future land use designation and an extension of the T4-0 transect zone along NW 2nd Avenue to the south. In addition, the changes will facilitate the adaptive use of the Property which is presently made difficult by the existing zoning regulations and split zoning condition. Lastly, this change will help to encourage economic development and activity along this stretch of NW 2nd Avenue, which today is greatly underutilized. akerman.com 32822813:4) July 17, 2015 Page 2 I. Existing Conditions The portion of the Property fronting NW 2nd Avenue, currently zoned T4-L, is presently improved with a one-story building (a small portion is two stories) consisting of approximately 5,574 square feet constructed in 1946, and a small accessory surface parking lot. The eastern portion of the Property, currently zoned T3-L, is yard area and contains no buildings or permanent structures. The abutting neighborhood to the east is zoned T3-L and consists of a mix of single family and low scale (duplex, triplex) multi -family uses interspersed with vacant parcels. The entirety of the NW 2nd Avenue corridor to the south down to NW 38th Street is zoned T4-0. To the north, the corridor is zoned T4-L to NW 48th Street, From NW 48'h Street to NW 54th Street, the zoning is T4-0. As shown in the photographs included with this Application, the existing uses of the NW 21'd Avenue corridor are generally one-story, dated structures containing neighborhood commercial uses interspersed with vacant parcels and small churches, Most if not all of the existing commercial structures were constructed prior to Miami 21 and are nonconforming to the T4-L requirement that limits commercial and office uses to 50% of the building's floor area. Sidewalks are narrow, street trees are sparse, and surface parking on the Primary Frontage is common. Overall, this corridor appears to have been untouched by redevelopment that is taking place in other mixed -use neighborhoods within the urban core of the City of Miami. II. Application for Future Land Use Amendment Section 62-8(c) of the City of Miami Code of Ordinances provides that amendments to the future land use map shall be reviewed to ensure that "the land use, densities and intensities proposed are compatible with and further the objectives, policies, land uses, and densities and intensities in the comprehensive plan, provided further that the comprehensive plan shall be construed broadly to accomplish its stated purposes and objectives," This proposed amendment is compatible with the objectives, policies, land uses and densities and intensities in the City's MCNP, The primary goal set forth in the Future Land Use Element, Goal LU-1 is to protect and enhance the quality of life and foster economic development. Specifically, Policy LU-1.1.11 calls for a priority to be placed on urban infill. This stretch of the NW 2nd Avenue corridor is badly in need of economic development, This proposed amendment also furthers Goal LU-3, which encourages urban redevelopment in identified Urban Infill Areas, Objective LU-3-1, which calls for the City to promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas to facilitate redevelopment, and Policy LU-3.1.1, which call on the City to continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment. This proposed amendment would change only the future land use designation for the far eastern portion of this Property, from Duplex Residential to Low Density Restricted Commercial; ;32822813;4} July 17, 2015 Page 3 which would create an appropriate transition between the great intensity, density and variety of residential and non-residential uses called for in Restricted Commercial, and the limited uses, intensity and density of Duplex Residential, The Property has long been and is today owned as one unified site (and one tax folio) by a single owner. The proposed amendment would allow for the productive use of the eastern portion of the Property where today it has no practical use as a single family home or duplex or one of the other handful of permitted uses. III. Application for Rezoning: Analysis under Article 7.1.2.8. of Miami 21 As an initial observation, the western portion of the Property, currently zoned T4-L, and the smaller eastern portion of the Property, currently zoned T3-L, should be consolidated to allow for the adaptive use and future beneficial development of the Property, The Applicant is the sole owner and purchased the entirety of the Property through a single transaction from the former owner, The Property has been consolidated as one parcel since prior to Miami 21. The proposed rezoning to T4-0 is a rational effort to allow for the productive use of the Property and is consistent with the criteria set forth in Article 7.1,2.8 of Miami 21, {a) Consistent with the City's MCNP, The MCNP and the Future Land Use Map contained therein, reflects the City's vision, and its goals, objectives and policies for directing long term planning and development within the City's neighborhoods. Pursuant to Florida law, Chapter 163, Florida Statutes, the adoption of zoning regulations and zoning changes shall be consistent with the local government's comprehensive plan. Article 7.1.2.8.f.1(a) of Miami 21 specifically requires consideration of "whether the proposed change will further the goals objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations." As set forth on the Future Land Use Map, the future land use designation of the Property is split between Restricted Commercial on the west and Duplex Residential on the east. To the south, the T4-0 zoned parcels are designated General Commercial. Pursuant to the MCNP Correspondence Table - Zoning and Comprehensive Plan, the intended Transect Zone to be associated with the Restricted Commercial and General Commercial future land use categories is T6. Within the Future Land Use Element goals, objectives and policies, Restricted Commercial allows for residential use at density of up to 150 units per acre as well as a wide variety of commercial, office and related uses with intensity permitted at up to 11 floor to lot ratio ("FLR"). The designation of the Property and other parcels within the NW 2nd Avenue Corridor as Restricted Commercial makes it clear that the NW 2nd Avenue Corridor was envisioned to support higher intensity development than that for which it is zoned. This transect zone is consistent with the Restricted Commercial future land use designation, which would provide for a mix of uses, including hotel, residential and retail, and provides underlying densities and intensities that are actually more permissive than the T4-0 {32822813,4} July 17, 2015 Page 4 Transect Zone and would even support a T6-8 zoning. Therefore, the proposed zoning of T4-0 is more compatible with the future land use designation than is the existing zoning of T4-L, The Application will require a change in future land use designation for only that eastern portion that is presently designated Duplex Residential. This portion of land area is proposed to be changed to Low Density Restricted Commercial future land use to be consistent with the proposed T4-0 zoning. This future land use designation is significantly less intense than the existing future land use designation on the western portion. lb) Consistent with Successional Zoning Second, the proposed rezoning is consistent with the successional zoning theory of Miami 21. As set forth in Section 7.1.2.8.a, "the City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones, These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan". Further as set forth in 7.1.2.8.c,1, the technical criteria for rezoning (a minimum of 40,000 square feet of land area or 200 feet of street frontage) are met if the rezoning is an extension of an existing transect zone, The Applicant proposes to extend the existing boundary of T4-0 from the south to encompass the Property, which is consistent with both the successional zoning criteria as well as the technical criteria of Miami 21, Article 7, and makes the zoning of the bulk of the Property more compatible with the Restricted Commercial future land use designation for the Property. (c) Changed Market Conditions as Justification for Proposed Change Third, the proposed rezoning will create opportunities for more neighborhood -oriented commercial uses and contribute to the economic development of the NW 2nd Avenue corridor without having a negative impact on the surrounding neighborhoods. As set forth in Section 7.1.2.8.f.1(b) of Miami 21, "all amendments should be evaluated to determine the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary." Great potential for reuse, redevelopment and revitalization of this corridor exists; however, the restrictions on establishment size and limitations on commercial floor area imposed by the T4-L transect regulations act as a barrier to entry and are stifling neighborhood oriented businesses from locating along NW 2nd Avenue. Redevelopment of the corridor would be highly beneficial to the residents of the neighborhoods on either side of NW 2nd Avenue, which presently lack basic commercial uses- such as cafes, dry cleaners, and bank - and a high -quality pedestrian realm, both of which are critical components of sustainable communities. IV. Sensitivity to Neighborhood Despite the fact that the Property is located within an underutilized commercial corridor, the Applicant is cognizant and sensitive to the fact that there are many residential properties in the immediate vicinity of the Property. The overall intensity of the development capacity on the west 328228134) July 17, 2015 Page 5 side of the Property does not change under the proposed rezoning from T4-L to T4-0. There is a limited increase on the eastern portion of the Property, with the ability to go only up to 3 stories and 40 feet in height. The Applicant has initiated a dialogue regarding the rezoning and land use change with abutting neighbors and has received support. The Applicant believes that there is a common interest in attracting more neighborhood -oriented commercial establishments all along the corridor and invigorating this underutilized stretch of NW 2nd Avenue for residents and all stakeholders alike. Further outreach to the neighborhood will be conducted prior to the Applications being presented to PZAB, V. Conclusion While in the long term it would appear that the NW 2nd Avenue could support even higher intensity commercial development, the Applicant is requesting a modest amendment to the Future Land Use Map and to the Zoning Atlas to (1) consolidate the zoning for the single parcel Property consistent with the properties to the south and compatible with the existing future land use designation; (2) allow for adaptive use of the Property for commercial uses; and (3) help to encourage economic development and activity along this stretch of NW 2nd Avenue, which today is greatly underutilized and underserving the surrounding neighborhoods. We Kook forward to your support of this Application and presenting to the Planning Zoning and Appeals Board and eventually the City Commission for its approval. Steven J. Wernick Enclosures cc: Francisco Garcia, Planning Director Christopher Brimo, Chief of Land Development Christine Hwa, Hearing Boards {32822813;4} ONING APPLICATION LANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444;SW22c( avenue, 3rd Floor • Miami, Florida 33130 ® Telephone 305-416-2030 www.miamigov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8Y2x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2013 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1, Applicant(s): Steven J. Wernick on behalf of 4201 Design West, LLC 2. Subject property address(es) and folio number(s): 4201 NW 2 Avenue; Folio 01-3124-020-0280 3. Present zoning designation(s): T4-L and T3-L 4. Proposed zoning designation(s): T4-O 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile rat % the subject property, including aerial photo of the site as to why the present zoning design 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 p„,c pe prepared by a State of Florida registered land surveyor within six (6) months from the datpf t application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most currig y showing the present owner(s) and legal description of the property to match the legal description tip 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? 0.40 acres {34376519;1 }Rev. 07-2013 3 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? commercial 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: ❑ Planning, Zoning and Appeals Board 15 min and/or ❑ City Commission 15 min 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-0, T5-R, T5-L, T5-0, T6-R, T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) $ .50 $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, Cl-HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order, Signature Name Steven J. Wernick Telephone 305.982.5579 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Address One SE Third Ave, Suite 2500 Miami, FL 33131 E-mail steven.wernick@akerman.com The foregoing was acknowledged before me this .1 \.O day of 20 \ , by SteN1 v _,.YY'1 \C• who is a(n) individual/partner/agent/corporation of PrIge.Arrii l..-h. h a(n) individual/partnership/corporation. He/She is personally kruwn to me or who has produced as identification and who did (did not) take an oath. (Stamp) "R BLISLAINEY M. SAINZ MY COMMISSION # EE 155210 e= EXPIRES: December 21, 2015 ,° Bonded Thru Notary Public Underwriters {34376519;1}Rev.07-2013 Sig'1i mature 4 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that 4201 DESIGN WEST, LLC, a Florida Limited Liability Company, have made, constituted and appointed, and by these presents do make, constitute and appoint STEVEN J. WERNICK the true and lawful attorney for them and in their stead to execute all documents and instruments required with respect to their applications for a Comprehensive Plan Amendment and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the property located at 4201 NW 2nd Avenue, giving and granting unto STEVEN J. WERNICK their said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this BD day of Sri" , ,2015. Signed and delivered in the presence of: '1IJ4J QJ�.:z WitneSignature >l /s(1r) .kr(l r ignature Witness Name STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Print Name The foregoing instrument was acknowledged before me this 'j� day of -(itQ, elQ/5 by jj;A % t ¢- r- who is personally known to me or who ha e produced a A I A as identification. NOTARY PUBLI Print Name: it/arA) A My commission expires: VIVIAN D. MILLER NOTARY PUBLIC STATE OF FLORIDA Comm# EE2182 Expires 8/30/2016 {30149061;1} REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, El including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Steven J. Wernick on behalf of 4201 Design West, LLC Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE T,,be foregoin9 was acknowledged before me this 1� day of _%_.I_ 20 1 , by t St-Vr1`l`S"1 who is a(n) individual/partner/agent/corporation of AC Cl ir°l) LL -%(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath (Stamp) 4fev' SLISLAINEY M. SAINZ MY COMMISSION # EE 1552'10 1.0 .r t�= EXPIRES: December 21, 2015 j' `' Bonded Thru Notary Public Underwriters f,i�"� { 34376519;1 }Rev. 07-2013 ature 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) 4201 Design West, LLC Percentage of Ownership 100% (See attached Schedule 1 for LLC Members) Subject Property Address(es) 4201 NW 2nd Avenue, Miami, FL 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 Fists, if necessary. Street Address(es): Legal Description(s): Steven J. Wernick Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE tom The foregoing was acknowledged before me this. I v,� day of (.,js_,II� 20 IS , by g1 \1 V•1 r1CAZ— who is a(n) individual/partner/agent/corporation of individual/partnership/corporation. He/She is personally knowrttoine or who has produced _ as identification and who did (did not) take an oat (Stamp) , BLISWNEYM.SAINZ ;rr MY COMMISSION # EE 155210 Via? EXPIRES: December 21, 2015 04nded Thru Notary Public Underwriters 134376519;1 } Rev. 07-2013 tur 6 SCHEDULE 1 MEMBERS, MEMBERSHIP INTERESTS As of November 24, 2014 Non -Equity IVCember DESIGN WEST MANAGEMENT, LLC Equity Members: Membership Initial Interests Capital Contribution Voting Status 20,00% 0,00 Voting Jamie Blond 17,14% 300,000,00 Non -Voting Arnold Wax 17,14% 300,000,00 Non -Voting Elizabeth Etkin Kramer and Peter M, Kramer, TBE 14,29% 250,000,00 Non -Voting Martha Hamilton, Trustee 8.57%e 150,000,00 Non -Voting All Five 8,57% 150,000,00 Non -Voting Richard Blond 8,57% 150,000.00 Non -Voting Karen and Luis Reiter as TBE 5.71% 100,000,00 Non -Voting Totals 43 1121 des ignwestexeeopagmt 100% 1,400,000,00 Exhibit A — Address and Legal Description Address Folio 4201 NW 2nd Avenue 01-3124-020-0280 Legal Description: LOT 10 AND THE SOUTH 96 FEET OF LOTS 11 AND 12, LESS THE WEST 5 FEET OF LOT 12, BLOCK 2, AMENDED PLAT OF BUENA VISTA HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 22, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA. {34415393;1) Zoning Map 4201 NVV 2 Ave Miami, FL F T3 4_ 1,4W 42nd St NW 41st St Aerial Photo 4201 NW 2nd Ave City of Miami, FL Future Land Use Map 4201 NIW 2 Ave Miami, FL NW 11th -St NW.42nd .St NW4istSt Photos of NW 2nd Avenue - North of Subject Property Photos of NW 2 Ave - South of Subject Property -fiNglit§004, {34528726; I } .110,3,W Photos of NW 42 Street - East of 4201 NW 2 Ave South side of NW 42 Street North side of NW 42 Street South side of NW 42 street North side of NW 42 Street South Side of NW 44th St NW 44th St Looking East N38; 1 } Context Photos Views of NW 44th St Southeast View from Intersection of NW 44th St and NW 2hd Ave NE Corner of NW 44th St and NW 2nd Ave Photos of Subject Property: 4201 NW 2nd Avenue View east from NW 2nd Avenue. View north from NW 42nd Street. View north along NW 2nd Avenue from intersection of NW 42 Street and NW 2nd Avenue. View northwest from NW 42 Street. G "' City of Miami Public School Concurrency .;.�f Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * 4201 NW 2 Avenue Application Phone * 305.982.5579 Application Email * steven.wernick@akerman.com Application Address * 4201 NW 2 Avenue, Miami, FL 33127 Contact Fields Information Contact Name * Maeve Desmond Contact Phone * 305.755,5842 Contact Email * maeve.desmond(akerman.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email jellis@miamigov.com; mirfernandez@miamigov.com Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3124-020-0280 Additional Folio Number Total Acreage * 0,165 Proposed Land Use/Zoning * Low Density Restricted Commercial Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * 5 Total # of Units * 5 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights: or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input Into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units: Local government shall input 20unitsin the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * Steven J. Wernick Owners)/Attorney/Applicant Name STATE OF FLORIDA COUN'I'Y OF MIAMI-DADE Owner(s)/Attorney/ApplicantSigna ure T—foregonlg w s acknowledged before me the day of �� { ` 20 ,by Ot '8+'y who is a(n) individual/partner/agent/corporation of ►( f1r N)l..--kr . individual/partnership/corporation. I-le/She is, nnai kr,aw,_„� io Ole or ho has produced as identification and who did (did not) take all oath. (Stamp) 4411111150L1 MI 11 Ap SLISLAINEY M. SAINZ *� V MY COMMISSION # EE 155210 •, ; EXPIRES; December 21, 2015 ;r:fie V Bonded Thru Notary Public Underwriters State of Florida Department of State I certify from the records of this office that 4201 DESIGN WEST, LLC is a limitedliability company organized under the laws of the State of Florida, filed on October 20, 2014. The document number of this limited liability company is L14000163473. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on April 10, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fourteenth day of July, 2015 16P" 04..JA Secretary of State Tracking Number: CU6484119168 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication 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 See, 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: Steven J. Wernick (First Name) (Middle) (Last Name) HOME ADDRESS: Akerman LLP, One SE Third Ave, Suite 2500 (Address Line 1) (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 I-IONIE PHONE: (305) 982-5579 CELL PHONE: FAX: EMAIL: steven.wernick@akerman.com E3USSINESS or APPLICANT or ENTITY NAME 4201 Design West, LLC BUSINESS ADDRESS: 1720. NE 198th Terrace (Address Line 1) Miami, FL 33179 (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 from T4-L and T3-L to T4-0 and amending future land use designation from Duplex Residential to Low Density Restricted Commercial. 2. 1-las 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? 11 YES ❑X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. It' 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/4 a. b, e, * 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 I hereby acknowledge that it is unlawful to employ Ordinance 12918 and such circumvention shall be or civil penalties that may be imposed under the 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 nullification of the application PERSON SUBMITTING DISCLOSURE: OF COMPLIANCE any device, scheme or artifice to circumvent the disclosure requirements of deemed a violation of the Ordinance; and that in addition to the criminal City Code, upon determination by the City Commission that the foregoing the following may occur: shall be deemed void without further force or or entity for the same issue shall be reviewed or board(s) until expiration of a period of one year after the or order. . j Signature e7— /) ra - day Print Name Swain 10 and subscribed before me thts 1 of si 1 204 The 1Oregoing insbument was acknowledged Wore me as identification by "� and'0r � — � i1'ho hcis produced is personally knv71-n to Inc and 'rrlx> dict'di%l not L4L cr u . I.. STATE I3 OF FLORIDA CITY OF MIAM1 F M1�7�j��J�1 1 �'`a" SLISLAINEY M jr ; 11 MY COMMISSION aXPf w 4 Matti I Thru Notary / ryPu 4•. k7 ii1 .. MY COMMISSION Not ry EXPIRES '" 1"- , t 1 ‘ n Print Name Enelosure(s) Doc, No.:86543 Page 2 SA1P EE er21 lie Unor CFN: 20140818973 BOOK 29408 PAGE 1892 DATE:12/01/2014 10:18:29 AM DEED DOC 6,600.00 SURTAX 4,950.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Prepared bv and return to: Rene Eduardo Coto Attorney at LAW Law Offices of Rene D. Coto 7900 Miami Lakes Dr, Suite 202 Mia tni Lakes, FL 33016 305-777-0740 File Number: 5.11-Walker lSpsoe Above The Line For Ro:nnling Dein] Warranty Deed This Warranty Deed made this 24th day o€November, 2014 between Juanita Waller, a single woman whose post office address is 3582 Dovecote Meadow Lane. Cooper City, FL 33328, grantor, and 4201 Design West, LLC, a Florida Limited Lfablity Company whose post office address is 1720 NE 198 Terrace, Miami, FL 33179 , grantee: (V.'henvern9ed hore in rho t,:rtm °grantor'' and "grantee" monody all the parties to this insittnnent and the heir, legal reps esentativcs,and assi�uaf nndnvitiiaiis, and tar, suocomors and exit of carporetians, trues and truotaos,) Witnessed), that said grantor, for and in consideration of the auto of TEN AND NO/100 DOLLARS (S10,00) and other good and 'valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in. Mliaaai-Dade County, Florida to -wit: Lot 10 and the South 96 feet of Lots 11 and 12, less the West 5 feet of Lot 12, Block 2, Al ELNDED PLAT OF BUENA VTSTA tIE1CBTS, according to the Plat thereof, as recorded in Plat Book 3, at Page 22, of the Public Records of Miami Dade County, Florida:. Parcel identification Number'. 01-3124-020-0280ar7Ja 4201 NW 2 Avenue, Miami., FL 33127 Together with all the tenemoats, hereditarnents and appurtenances thereto belonging or in anywise appertaining, To iistve and to Hidd,the same infee simple forever. Arid the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same azainst the lawful claims of all persons whomsoever, and that said land is free of all en-umbrmaces, except taxes accruing subsequent to December 31, 2013, In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written, Signed, scaled rand delivered in ourprose noc ` (Seal) sName: , It --fie. Man Witness Na litr'f�- ry i'j`7fi t. State of Florida. Coady of Miami -Dade The foregoing instrument was acknowledged before me this 24th day of November, 2014 by Juanita Walker, who U is personally known. at EX] has produced a driver's license as identification_ [NotarySeal" A'.1C1CIA%EZ fayC-041 $IOWrt 69S.—' EXPIRES'. Cr•;ir3nhsrt?, 2i16 &.6%d fie ru Ni;m P a red'[: Urdrodit^.r. Notary r3' Public Pri.ut.td Baton; My Couurussion Expires: Doubleflimoa Transect Zone Apptiean °E WadiAddress *U/ / Project Street Address ION REFERRAL Date - (Di /-? •-csz Folio Number Applicant Phone Number To BE COMPLETED BY THE OFFICE OF ZONING: ® One (1) 24"X36" or larger set of signed and sealed plans ❑ Survey within one year with Building Baseline established by Public Works 2)_4 /. 7/ L2. g (c) 6_S Type of Permit Requested — Code Section Gib-" f>� Ha i' Ro, f z\e n 3, "C's(Thetf-1- -?4,„X2r e Cx-,400,APe LJ Summary of Request Referral issued by: CITY OF MIAMI OFFICE OF ZONING Ph: 305-416-1499 444 SW 2n4 Ave 4th Floor Miami, FL 33130 www.miainigov,com/zoning Date Revised 11115/2010 DEPARTMENT OF PLANNING AND ZONING LAND USE AND REZONE COMMENTS SEPTEMBER 2015 CYCLE June 19, 2015 Steven J. Wernick, Esquire Akerman, LLP 1 Southeast 3rd Ave., Suite 2500 Miami FL 33131-1714 Subject Site: 4201 NW 2nd Avenue Net District: Little Haiti During our Pre -application meeting on June 10, 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 split zoned lot from T3-L and T4-L to T4-0. A Land Use change from "Duplex Residential" to "Restricted Commercial" 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. 4. Confirm requested Land Use; T4-O corresponds to Low Density Restricted Commercial (Refer to table attached). 444 SOUTHWEST 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33130 305.416,1400 — WWW.MIAMIGOV.GOM Page 2 of 2 4201 NW 2 Ave 5. A school concurrency letter is required; please contact the Hearing Boards Department at 305- 416-2030 with any question concerning the concurrency process. 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, Jacqueline Ellis Planner II Cc: Christopher Brimo, AICP, Chief of Land Development Derrick Cook, Plan Coordinator Devin Cejas, Zoning Manager Tamara Frost, Zoning Plans Processor Christine Hwa, Hearing Boards Coordinator 444 SOUTHWEST 2ND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 - WWW.MIAMIGOV.COM Correspondence Table - Zoning and Comprehensive Plan Transect Miami 21 Transect Zone October 2009 MCNP Future Land Use Dwelling Units Per Acre Max. T3 R, L SUB -URBAN SINGLE-FAMILY RESIDENTIAL . 9 dulac T3 0 DUPLEX RESIDENTIAL 18 du/ac T4 R GENERAL URBAN LOW DENSITY MULTIFAMILY RESIDENTIAL 36 du/ac T4 L'O LOW DENSITY RESTRICTED COMMERCIAL 36 du/ac T5 R URBAN CENTER MEDIUM DENSITY MULTIFAMILY RESIDENTIAL 65 tlulac T5 L,0 MEDIUM DENSITY RESTRICTED COMMERCIAL 65 du/ac T6-(8 — 48) R URBAN CORE HIGH DENSITY MULTIFAMILY RESIDENTIAL 150 du(ac T6-(8 — 48) L, 0 , RESTRICTED COMMERCIAL, GENERAL COMMERCIAL D1 WORK PLACE LIGHT INDUSTRIAL 36 du/ac D2 INDUSTRIAL INDUSTRIAL NIA D3 MARINE INDUSTRIAL N/A T6-80 R,L,O URBAN CORE CENTRAL BUSINESS DISTRICT 1000 tlulac CI CIVIC INSTIUTIONAL MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES 150 du/ac CI -HD CIVIC INSTITUTION — HEALTH DISTRICT MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES 150 du/ac CS CIVIC SPACE/PARKS PUBLIC PARKS AND RECREATION N/A COMMERCIAL RECREATION N/A T1 NATURAL CONSERVATION N/A Miami Comprehensive Neighborhood Plan Goals Objectives Policies January 2013 25 30.00' CITY OF MIAMI wi MONUMENT . ff" SiC-37[•• R.p UP ;t I Ftc�l: • 9��' Ai' NO.6770 O STATE OF .• "X'1`4 k LASSb ? L.B.# 7806 SEAL 1 ARRA & A OCIAT'ES. INC fosskc nai Land Surveyors & Mappers WWW,IGARI ALANDSURVEYOR>.COM 777 N.W. 72nd AVENUE 2804 DEL PRADO OLVD SOUTH SUITE 3025 MIAMI, FLORIDA 33120 PH: (306) 262-0400 FAX: (305) 262-0401 LOT- 13 BLOCK - 2 55,0'(Rl LOT-12 BLOCK - 2 SUITE NO. 202 UNIT 1 CAPE CORAL, EL 33904 PH: (239) 040.2660 FAX, (239) 540-2664 MAP OF BOUNDARY SURVEY 4201 NW 2nd AVENUE, MIAMI, FL. 33127 105.00.E LOT- 1.4 BLOCK -2 REMAINDER (N.A.P.) LOT- 11 BLOCK-2 WOODilI IR001' 0,1 y C.B. 0 u. U _ Id• WO D I ROOF 51,05' ONE STORY COMMERCIAL BLDG. #4201 LOT-12 1 LOT.11 BLOCK-2 I BLOCK-2 w 84 40 . I.. x ,. C S� G I,F. METAL STAIRS GUY ANCHOR U.F. ±T ASPHALT PWl' (A) NW _. .. 1339.19' ±27' ASPHALT PVMT. LOT-15 BLOCK -2 1 . 50.00' 9:55 DO B9" 4�40e 0. G' W.F. `9,G'XI0' WOOD ROOF LOT -10 BLOCK - 7. 42nd STREET elf 50' TOTAL RIGHT OF WAY SURVEYOR'S NOTE: TOTAL LAND AREA = ± 17,273 SQ.FT OR ±0,40 ACRES LAND AREA FOR LOT 10 (T3-L ZONE) _ ±7,193 LEGAL DESCRIPTION,• LOT 10AND THE SOUTH 96 FEET OF LOTS 11 AND 12, LESS THEWEST5 FEET OF LOT 12, BLOCK2, AMENDED PLAT OF BUENA VISTA HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE22, OF THE PUBLIC RECORDS OFM/AM/DARE COUNTY, FLORIDA, CERTIFICATION: DESIGN WEST, LLC 54.59' P.I.P. 1/2" NO CAP ENCROACH A. SOUTH AND WES PROPERTY,.ASPh ENCROACHING STREET/AO NW 6, NORTH SIDE OF FENCER ENCRC PROPERTY. LOT-0 BLOCK - 2 p.82'•OL" Ul 0.47' CL F.LP.1/2° NO CAP FOUND CITY OF MIAMI MONUMENT DRAWN BY: MAR SCALE: 1"=30' FIELD DATE: 10/21/2014 SURVEY NO: 14.003580.2 SHEET: 2 OF 2 HYI I':,Au PtAFnJ^et JOHN !BARRA , ASSOCIATES, INC. Professional Land Surveyors & Mappers WWVV.IBAR RALAND5UiiVEYORS.COM 777 N.W. 72nd AVENUE SUITE 302E MIAMI, FLORIDA 33126 PH: (206) 262-0400 FAX : (303) 262.0401 1.v1.Ott,1rt LOCATION SKETCH SCALE = N.7.S. 2504 DEL PRADO BLVD SOUTH SUITE NO. 202 UNIT" 1 CAPE CORAL, FL 33904 PH: (230) 640-2860 FAX; (239) 840-2664 VIEW OF SUBJECT PROPERTY 4201 NW 2nd AVENUE, MIAMI, FL 33127 A A/C AE. AR. AS ASPH. AC. BLDO. AMC ADA EO.E (G7 CE CB.S caw W. CH. CH.B, CHL CL C.O. C.LF. CME CON CUP. S C.W. DE D.ME DRIVE EB =ARG = AIR 'COMMONER PAD =ANCHORFASEMFM =ALUMINUMROOF ALUMINUM SHED ASPHALT =BLOCKCORNER =BUILD/NG = BENCH MARK =BROWAROCOUN7YRECORDs =BASIS OF BEARING =CALC1HATE0 = CATCH&WIN = CONCRETE BLOCK STRUCTURE = CONCBETEDLOCKWALL. =CHORD = CHORD BEAR/NG =CHORDLENGTH = CLEAR =CLEAN OUT =CHAINUNKFENCE =CANAL MAJNTENANCEEASEMENT CONCRETE = CONCRETE U77LNYPOLE = CONCRE7SPoRCH =CONC77E7ESLAB =CONCRETEWALK =DRA/NAGEEASEMENT = DRAINAGE MAINTENANCE EABEMENT =DRIVEWAY DEGREES =ELEO7R/C BOX ABBREVIATIONS ETP. = ELECTRIC TRANSFONMER FAD 865E =ELEVATION C,SC/1 =E1CR'Lk4CHAENT F.H. FIRE HYDRANT F1LP. =FOUND/RONP/PE F.1.R = FOUND IRONROD F.F.E =F/N/SHEDFLOOR ELEVATION FN.D. =FOUND NAIL d DISK FT. =FEET AVIA=FEDERAL NA77ONAL/NSURANCEPROGRAM P.N. =FOUND NAIL. N =H/OH OR(HE/GHO MEG. mWGRESSAND EORESSEASEMENT =IRR/GAT/ONCONlROL VALVE LA = IRON FENCE LB =LICENSED BUSINESS LP = LIGHT POLE L/E. =LOWESTFLOOR ELEVATION LICE = LAKE MA/NE/&ANCEEASEMENT =MINUTES AV =MEASUREDD/STANCE AL& = MAIL sax MOOR=MAW DADECOUN7YRECORDS ME =MALNIENANCEEASEMENT M.H. =MANHOLE N.A.P. =NOTA PART OF Nova = NATIONAL GEODETIC VERTICAL DATUM N.T.2 .N07-70SCILE #OR NO. =NUMBER 06 =OFFSET O.H. =OVERHEAD 0141. =OVERHEADIIT/LITYI./NES O.R.E. 0..VP/. PVMT. PL. P.L. P.0.0. P.C. P.O.T. P.O.0 P.OE P.R.0 PWY P.R.M. P.LS. PP. PP.S P.U.E. (RJ RR RES RAV ROE. ROTE SEC STY. SWIG S SP. 8Y. LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY; •THEREMAYBEEASEMENTSRECORDED /N THE PURL 0RECORDSNOTSHOWNCN THIS SURVEY. • THE PURPOSE OF TVs SURVEY is FOR USE IN osTA/N/NG 777L E INSURANCE AND FINANCING AND SHOULD NOT RE USED FOR CONS7RUCTIONPURPOSES. •EXAM/NATIONS OF THE ABSTRACT OF 717ZEW7LL HAVE TOBEUWE TO DETERMINE RECORDED INSTRUMENTS, BANY, AFFE077NG THE PROPERTY . 7H/S SURVEY/S SUBJECT TO DEDICATIONS, UM?A770NA RESTRICTIONS, RESERVA77ONS OR EASEMENTS OF RECORD. =L EGAL DESCRIPTIONS PROVIDED E Y CLIENT OR ATTESTTNO 777E E COMPANY. . EOUNDARYSURVEY ME4NS AORAW/NO AND/OR A GRAPHIC REPPESENTATIONOF THE SURVEY WORK PERFORMED IN THE FIELD, COULD BEDRAWHATA SHOWNSCALEANB+ORNOTTOSOAL4 THE WALLS OR FENCES MAY BEEVAGGERITEOFOR CLAM YPURPOSES • EASEMENTS AS SHOWN ARE PER PLAT800K UMESS DEPICTED OTHERWISE • 7HE TERM ENCROACHMEM"MEANS WSIBLEANOABOVE GROUNDENCROACHALENS . ARCP/RECTSS/HALL VERIFY ZONINGREGULA770NS, RES7R/C77ONS SETMCKSAND WALES RESPONS/BLEFOR SUBMITTING PLOTPLANSW777100RRECT/NPORMAT7ONFon 'APPROVAL FLIRAU7H0R/2AT70N' TO THE PROPERAUT7/ORNES IN NEW CONSTRUCT/ON. •UNLESS OTHERWISE NOTED, THIS F1RMHASNOTATTE.IPTED TOLOCATE FOOTING AND/OR POUN347IONS. • FENCE OWNERSNIP NOTDETERAINED. *THIS PLOW SURVEY, MS BEEN PREPARED FOR THE EYCGUSIVEUSEOF THESVTIT/ES NAMED HEREON, 7HECEi77F/C4TE • DOESNOTEXTEND MANY UNNAMED PARTY. FLOOD ZONE INFORMATION: THENFIPFLOOD MAPS HAVE DESIGNATED THE HEREIN DESCRIBED LAND TO BE SITUATED /N.' FLOOD ZONE. •X" BASE FLOODELEVA770N: N/A, COMMUNITY: 120050 PANEL: 0304 SUPFLX.• DATE OF FIRM: 9/11A09 THE SUBJECT PROPERTY DOES NOT LIE 7NA SPEC/AL FLOOD HAZARD AREA, DRAWN BY: MAR FIELD DATE: 10/21/2014 SURVEY NO: 14-003580-2 = OFF/ChAL RECORDS BOOK OVERHANG PAVEMENT =PLANER =PROPERTYLINE =Po/NT OF COMPOUND CURVATURE = POINT OF CURVATURE =PO/NTOFTANGENCY = MINT OF COMMENCEMENT POINT OFBEGINNING MKT OFREVERSECURVATURE PARKWAY =PERABWENTREFERENCE MONUMENT PROFESS/ONALLANOSURVEYOR POWER POLE POOL PUMP SLAB PUBLIC UTILITY EASEMENT RECORDD/STANCE RAIL ROAD REELS/OENCE RIGHT-0FWAY RAD/US ORRAD/AL RANGE ROOF OVERHANGFISEMEVT SECTION STORY -SIDEWALK SE7/RONpipe SOUTH SCREENED PORCH SEWER VALVE SECONDS T =TANGENT 78 = TELEPHONE BOOTH TAM .TEMPORARY BENcHMARK T.U.E = TECHNOLOGY UTlUTYEASEMENT TSB =TRAFF/CSLGNAL BOX T.SP...TRAFFLCS/GNAL POLE 7UP =TOWNSHIP U77L = MIT/ ILE =UT/UIY&ISEATENT UA m U77U7YPOLE W.M. = WATEtMEIER W.F. = WOOD FENCE W.P. =WOOD PORCH W.R = WOOD ROOF W.V. = WATER VALVE M = MONUME:MUNE 5 =CLMERLINE A =DELTA LEGEND - OVERHEAOUTTLRYLINES '�'= CONCRETE BLOCK WALL I( 77 "awn, LINK FENCE 0 0 7RONFENCE —41 ;I =WOOD FENCE =BUILDING SETBACKUNE — =1/17U7YEASEMENT —wl--uo. LIMITEDACCESSI1W NON-VEHICULARACCESS AO nnn =DY/STINGELEVATIONS SURVEYORS CERTIFICATION: 'HERESYCERT/FN THIS 'BOUNDARY SURVEY' OFTNEPROPERTY DESCRIBED HEREON, HAS RECLT/TLYBEEN SURVEYED AND DRAWN UNDER MY SUPERVISION, AND COMPLIES WITHTHEMINAIUMTECHN/CAL STANDARDS AS SETFORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER./-1T, FLORIDA ADMINISTRATIVE CODE PURSUANT TO 472027, FLORIDA STATUTES 10/21/2014 CARLOS /BARRA (DATEOFFIELD WORK) PROFESSIONAL LAND SURVEYOR NO.: 8770 STATE OF FLORIDA (NOTVALIDWT/HOLR THE S/GNATUREANO THE ORIGINAL RA/SED SEAL OF FLORIDA LICENSED S/RVEYORAND MAPPER). REVISED ON.• UPDATED SURVEY 08-04-2015 REVISED ON: SURVEYOR'S NOTES: 1.1FSHOWN, BEARINGS AREREFERRED TO AN ASSUMED MERIDIAN, BY SAID PLAT/N THEDESCRIPRON OF THE PROPERTY, IF NOT, BEARINGS ARE THEN REFERRED TO COUNTY, TOWNSHIP MAPS. 2 THE CLOSURE IN THE BOUNDARY SURVEY /SABOVE I:7600FT. S CER77FM.47E OFAU7HOR/ZAT7ONL B 3780S, SHEET: 1 OF 2 L.B.# 7806 SEAL City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00974zc Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-LAND T4-L TO T4-O, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 4201 NW 2nd Avenue [Commissioner Keon Hardemon District 5] APPLICANT(S): Steven Wernick, Esquire, on behalf of 4201 NW 2 Avenue, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 15-009741u. PURPOSE: This will allow a Zoning Classification change from T3L and T4-L to T4-O for the above property. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, 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; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from T3-L "Urban Transect Zone- Limited" and T4-L ""General Urban Center Transect Zone - Limited" to T4-O "General Urban Center Transect Zone - Open" for the property located at approximately 4201 NW 2nd Avenue, Miami, Florida, as described in "ExhibitA", attached and incorporated. City of Miami Page 1 of 2 File Id: 15-00974zc (Version: 1) Printed On: 9/4/2015 File Number: 15-00974zc 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: 15-00974zc (Version: 1) Printed On: 9/4/2015