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Home My WebLink AboutSubmittal-Melissa Tapanes-Letter to Francisco Garcia711,1 BERCOW RADELL . FERNAN DEZ 0+1 C31IV1NC7i. LAND USE A. NI CP ENVIF F.JIA hi "TAU_ LAW DIRECT LINE: (305) 377-6227 E-Malt: mtapanes@brzoningiaw.com VIA HAND -DELIVERY September 20, 2016 Mr. Francisco Garcia Director Planning and Zoning Department City of Miami Miami Riverside Center (MRC) 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Submitted into the public record jt City Cler a+ 0r rn nr •• Ciao z Re: Miami Highline Rezoning Application Relating to the Properties Located at 3701- 3737 Biscayne Boulevard and 306-316 NE 38 Street in Miami, Florida Dear Mr. Garcia: As you may be aware, this law firm represents MacArthur Properties III, LLC (" Applicant") in connection with the properties located at 3701 Biscayne Boulevard, 3737 Biscayne Boulevard, 306 NE 38 Street, and 316 NE 38 Street in Miami, Florida (collectively, the "Property"). See Exhibit A. On July 13, 2015, the Applicant submitted a rezoning application requesting the Property be rezoned from T6-12-L to T6-12-0, which is identified by File ID No. 15-00975zc (the "Application"). Please allow this letter to serve as confirmation that the twelve (12) month period for a legislative determination on the Planning, Zoning and Appeals Board ("PZAB") recommendation pursuant to Article 7, Section 7.1.2.8.g.3 of Miami 21 has not commenced. As mentioned above, the Applicant filed the Application on July 13, 2015. The PZAB heard and recommended approval of the Application on September 2, 2015. See Exhibit B. The Application was then scheduled for first reading before the City Commission on October 22, 2015; however, the Application was continued at that time due to the upcoming election. The Applicant subsequently requested a deferral on November 19, 2015 to meet with the new Commissioner, area stakeholders and neighbors. The Application was subsequently deferred on January 28, 2016; April 28, 2016; and June 23, 2016 for similar reasons. As the Application is currently scheduled to be heard on first reading by the City Commission on September 22, 2016, the Application has not yet been heard on first reading by the City Commission. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMJ, FLORIDA 33131 t , I� Q t� `�,Liv)1\-0,\ PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW EFIZONINGLAW.COM 1'V 11 J ,'�i( 1\ci s►4 c rCt Mr. Francisco Garcia Director September 20, 2016 Page 2 of 2 Submitted into the public record or it s) on Article 7, Section 7.1.2.8.g.3 of Miami 21 provides as follows: If a recommendation of the Planning, Zoning and Appeals Board is not legislatively decided within twelve (12) months from first reading by the City Commission, the application upon which the report and recommendation are based shall be deemed to have been denied. However, for amendment to the Comprehensive Plan and its corresponding Miami 21 Atlas amendment, the time period will be extended an additional twelve (12) months. In both instances, the provisions of sections 62-54 and 62-55 of the City Code will not apply unless otherwise required by the City Commission. No day of the month of August shall be counted in the administration of this section. City Clerk (Emphasis added). Accordingly, as the Application has merely been deferred and has not yet been heard and decided upon at first reading by the City Commission, the twelve (12) month period for a legislative determination by the City Commission on the PZAB recommendation has not commenced. Thus, the twelve (12) month period for the City Commission to legislatively decide on the PZAB recommendation pursuant to Article 7, Section 7.1.2.8.g.3 of Miami 21 shall commence on the date the Application is heard and decided upon at first reading by the City Commission. Should you have any questions or concerns regarding this letter, please do not hesitate to phone my direct line at (305) 377-6227. Thank you. Very truly yours, Melissa Tapanes Llahues Enclosures cc: Victoria Mendez, Esq. Antony Contomichalos Viena Margulies Gianeli Mestre, Esq. BERCOW RADELL & FERNANDEZ Z !'I 1t.lsZL LAMES use AM d EIJVIRQ/4FA HTAL LAW r Submitted into the public O' recor s) on[iL. 1 • City Clerk Property Search Application - Miami -Dade Courtly r pfpT\r -� 5 fi 7:4.4 1; Summary Report Property Information Folio: 01-3219-019-0230 Property Address: 3701 BISCAYNE BLVD Miami, FL 33137-3734 Owner MACARTHUR PROPERTIES Ill LLC Mailing Address 140ESSSTSTE1D NEW YQRK, NY 10022 USA Primary Zone Primary Land Lisa 6103 NEIGHBORHOOD -ARTERIAL 1111 STORE : RETAIL OUTLET Beds / Baths /Half 01010 Floors 2 Living Units 0 Actual Area Sq.Ft Living Area Sq.Ft Adjusted Ares Lot Size Year Built 9,123 Sq.Ft 9,744 Sq.Ft 1954 Assessment Information Year 2016 2015 2014 Land Value $1,705,200 $974,400 $779,520 Building Value $383,160 $344,855 $332,092 XF Value $19,500 -- 1$,1300 S24,100 Market Value S2,107,860 -4 $1,339,055 $1,131,712 Assessed Value 31,472,960 $1,339,055 $910,724 Benefits Information Benefi1 Type 2016 2015 2014 Non -Homestead Cap Assessment Reduction $634,900 $220,988 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description B V RISC BADGER CLUB PB 1-115 BEG NE COR LOT 27 W19,5FT SW 112. 87FT E33.7FT N112FT POB & LOT 25 LOT SIZE 112.000 X 87 OR 15525-3155 D592 2 Generated On : 9/1912016 Taxable Value Information 2016 2015 2014 County Exemption Value 50 $0 $0 Taxable Value $1,472,960 $1,339,055 $910,724 School Board Exemption Value 50 $0 $0 Taxable Value $2.107,860 $1,339,055 $1,131,712 City Exemption Vekle 1 $0 $0 $0 Taxable Value $1,472,960 $1,339,055 $910,724 Regional Exemption Velcro $0 S0 $0 Taxable Value $1.472,9601 $1,339,056 $910,724 Sales information Previous OR Sale Price Book- Qualification Description Page 29015. 01/30/2014 $100 4011 Corrective, tax or QCD; min consideration' 01/30/2014 $3,000,000 29015- Transfer where the sale price is verified to 4005 be part of a package or bulk sale, 15525 ' D5/01/1992 $332,000 3155 Heeds that include more than one parcel 02/0111991 50 14934- Sales which are disquaRfiied as a result of 2172 examination of the deed The Office of the Property Appraiser Is continuaIy editing and updating the tax roll. This webshe may not reflect the most current information on record. The Properly Appraiser and Miami -Dade County assumes no tiablkty, see full disciaimerand User Agreement at htlp:l/wrsw.miarnidade.gov(info/disclaimer.asp Version: i FFGC Property Search Application - Miam I -Dade County I"-{ 'c 2 lPETV Summary Report Property information Folio: 01-3219-019-0190 Property Address: 3737 BISCAYNE BLVD Miami, FL 33137-3734 Owner MACARTHUR PROPERTIES Ili LLC Malting Address 140 E 56 ST STE 1D NEW YORK, NY 10022 USA Primary Zone 6103 NEIGHBORHOOD -ARTERIAL Primary Land Use Bads 1 Baths 1 Hatf 1081 VACANT LAND - COMMERCIAL : VACANT LAND 0/0/0 Floors 0 Living Units 0 Actual Area 0 Sq.Ft Living Area Adjusted Area 0 Sq.Ft Lot Size 0 Sq.Ft 4,366 Sq.Ft Veer Built 0 Assessment Information Year 2016 2015 2014 Land Value 5573,038 5327,450 3261,960 Bullding Value $0 $0 $0 XF Value _ $0 "�$573,038 $0 $0 Market Value $327,450 $261,960 Assessed Value $360,195 $327,450 $144,078 Benefits Information Benefit Type 201E 2015 2014 Mon -Homestead Cap Assessment Reduction $212,843 $117,882 Note: Not all benefits are appncabie to an Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description 19 53 42 PS 1-115 BUENA VISTA BISC BADGER CLUB COS LOTS 21 & 23 LESS SE PORTION LYG IN R!W LOT SIZE 436E SQUARE FEET Submitted into the public n recur ite s) � r (. on City Clerk Generated On : 9/19/2016 Taxable Value Information 2016 County 2015 2014 Exemption Vakre $0 $0 $0 Taxable Value $360,195 $327,450 $144,078 School Board Exemption Vakie 0 $0 $0 Taxable Vakre $573,038 $327,450 $261,960 City Exemption Value Taxable Value $0[ so $380, i95 $327,450 $0 $144,078 Regional Exemption Value $0 SO $0 Taxable Value 3380,195 $327,450 $144,078 Sates Information Previous Sale 01/30/2014 01/30/2014 05/01/1992 02/01/1991 Price $100 $3,000,000 $332,000 so OR Book - Page 29015- 4011 29016- 4005 15525- 3155 14934- 2172 Quaificatlon Description Corrective, tax or OCD; min consideration Transfer where the sale price is verified to be part of a package or bulk sale. Deeds that include more than one parcel Sales which are disqualified as a result of examination of the deed The Office of the Property Appraiser is continually editing and updating the tax roll. This websile may not reflect the most current information on record, The Property Appraiser and Miami -Dade County assumes no nobility, see full disclaimer and User Agreement et htlp:llwww.miarn]dede.gov/lnip/disdakner.asp Version' 9/1912016 8 • Property 5earchAcplicatian- Miami -Dade County QL,EL!'E (1 Property Information Folio: Property Address; Owner Melling Address Primary Zone Primary Land Use Beds / Baths 1 Hatf Floors Summary Report 01-3219-011-0310 305 NE 38 ST Miami, FL 33137-3722 MAC ,RTHUR PROPERTIES III LLC 140 E 56 ST STE 10 NEW YORK, NY 10022 USA 6103 NEIGHBORHOOD -ARTERIAL 1081 VACANT LAND - COMMERCIAL : VACANT LAND 0/0/0 0 Living Units Actual Area Lfvin9 Area Adjusted Area Lot Size Year Bullt 0 0 Sq.FI 0 Sq.Ft 0 Sq.Ft 10,825 Sq.Ft 0 Assessment Information Year Land Value Building Value XF Value Market Value Assessed Value 2016 51,894,375 $0 $0 $1,694,375 $1,190,750 2015 $1,082,500 50 50 2014: 5865,000 $0 $1,082,500 51,082,500 $856,000 $589.420 BeneFrts Information Benefit Non -Homestead Cap Type 2015 2015 2014 Assessment Reduction $703,6251 $276,580 Note: Not all benefrts are applicable to all Taxable Values (I.e. County, School Board, City, Regional). Short. Legal Description 19 53 42 MAGNOLL4 PARK 2ND AMD P6 5-25 LOT 30&31 LESS STSLESS RAN LOT SIZE SITE VALUE OR 15525-3155 0592 2 Submitted into the public record far i e (s) on [PPL[ER City Clerk Generated en : B/19/2016 Taxable Value Information 2016 County Exemption Vakie LTaxable Value School Board Exemption Value Taxable Value City $0 31,190,750 $0 $1,894,375 20152014 $0 $1,082,500 50 $569,420 soL 50 $1,082,50 0 5866,000 Exemption Value $0 $0 0 Taxable Value $1,190,750 $1,082,500 $589,420 Regional Exemption Value $0 $0 Taxable Value $1,190,750 $1,082,500 $589,420 Sales Information Previous Sale 01/30/2014 Price $100 OR Book - Page 29015- 4011 CuaViication Description Corrective, tax or OCD; min consideration J 01/30/2014 05/01/1992 04/01/1992 $3,000,000 $332,000 $0 29015- 4005 15525- 3155 Transfer where the sale price is verified to be part of a package or bulk sale. Deeds that include more than one parcel 16521- Sales which are disqualified as a result of 1579 examination of the deed The Office of the Property Appraiser is continually editing end updating the tax roil. This website may not reflect the mass current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at hllpJlvrww.rruarnidede.goviinfoidisclaimer,asp Version: 7.117-CCf'.E._• Property Search Apriication - Miami -Dade County CIty Clerk 11 [ pr1/7.,[cFiD Summary Report Property Information Folio: 01-3219-011-0240 Property Address: 316 NE 38 ST Miami, FL 33137-3722 Owner MACARTHUR PROPERTIES ill LLC Mailing Address 140E56STSTE10 NEW YORK, NY 10022 USA Primary Zone 6103 NEIGHBORHOOD -ARTERIAL Primary Land Use 1081 VACANT LAND - COMMERCIAL : VACANT LAND Beds / Baths / Half 010r0 Floors 0 Living Units 0 Actual Area 0 Sq.Ft Living Area Adjusted Area 0 Sq.F1 0 Sq.Ft Lot Slxe 10,251 Sq.Ft Year Built 0 Submitted into the public? recordit ) an + Generated On : 9/19/2016 Assessment Information Year 2016 2015 2014 Land Value $1,793,925 $1,025,100 $820,080 Building Value S0 $20,053 $19,515 XF Value $0 ;p ` $0 Market Value 51,793,925 $1,045,153 $839,595 Assessed Value $1,127,610 $1.045,153 $508,248 Benefits Information Benefit Type 2016 2015 2014 Non -Homestead Cap Assessment Reduction $666,315 $331,347 Note: Not ell benefits are appkcabie to all Taxable Values (I.e. County, School Board, City, Regional). Short Legal Description 19 53 42 MAGNOLIA PARK 2N0 AMD PB 5-25 LOTS 28 & 29 LESS PORT LYG IN E-W EJ(PWY THEREOF LOT SIZE 10251 SQUARE FEET Taxable Value Information 2016 2015 2014 County Exemption Value $0 $0 $0 Taxable Value $1,127,610 S1,045,153 $508,248 School Board Exemption Value $0 $0 $0 Taxable Value $1,793,925 $1,045,153 $839,595 City Exemption Value $0 S0 S0 Taxable Voile $1,127,610 $1,045,153 $509,248 Regional Exemption Value $0 $0 S0 Taxable Value $1,127,610 $1,045,153 $508,248 Sales Information Previous Sale 01/30/2014 Price $100 OR Book - Page 29015- 4011 Dual ication Description Corrective, tax or QCO; min consideration 01/30/2014 S4,250,000 29015- 4008 Transfer where the sale price is verified to be part of a package or bulk sale. 10(01/1997 $75,000 17861- 1251 Sales which are qualified The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -bade County assumes no labirily, see full disclaimer end User Agreement et http Ewrwv.mi2midade.poviinfo/dlsclaimerasp Version: Submitted into the public �\j7 a record f r ite 1(s) , (.c City Clerk Meeting Agenda September 22, 2O1S PZ.2 15-00975zc ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, OATH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6-12-L "URBAN CORE TRANSECT ZONE - LIMITED" TO T6-12-O "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATEDATAPPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A"', ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FORM EFFECTIVE DATE. LOCATION: Approximately 3701 and 3737 Biscayne Boulevard and 306 and 316 NE 38th Street [Commissioner Ken Russell - District 2) APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of MacArthur Properties III, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-2. PURPOSE: This will allow a zoning ciassificat#on change for the above properties from T6-12-L to T6-12-0. 15-009757c 09.22-16 CC FR Fact Sheet.pdf 15-00975zcAnalysis, Maps & PZAB Reso.pdf 15-00975zcApplicatian & Supparting Docs.pdf 15-00975zc Legislation (v2).pdf 15-00975zc Exhibit.pdf DATE: OCTOBER 22, 2015 MOVER: COMMISSIONER SARNOFF SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ASSENT: 2 - COMMISSIONER(S) CAROLLO AND HARDEMON ACTION: CONTINUED --PASSED DATE: NOVEMBER 19, 2015 MOVER: COPdIM SSIONER SUAREZ SECONDER: COMMISSIONER CAROLLO VOTE: AYES: 4 - COMMISSIONER(S) GORT, CAROLLO, SUAREZ AND HARDEMON ABSENT: 1 - COMMISSIONER(S) SARNOFF ACTION: DEFERRED --PASSED t`Ir• of Mann 1'agr 21, Prin+rd nn 9 17 )016 City Commission Submitted into the public '] record f r itc (s) V 2+ on ,' City Clerk Meeting Agenda September 22, 2016 DATE: JANUARY28, 2016 MOVER: COMMISSIONER GORT SECONDER: VICE CHAIR RUSSELL VOTE: AYES: 5 - COMMISSIONER(S) GORT, RUSSELL, CAROLLO, SUAREZ AND HARDEMON ACTION: DEFERRED --PASSED DATE: APRIL 28, 2016 MOVER: COMMISSIONER GORT SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 4 - COMMISSIONER(S) GORT, RUSSELL, SUAREZ AND HARDEMON ABSENT: 1 - COMMISSIONER(S) CAROLLO ACTION: DEFERRED --PASSED DATE: JUNE 23, 2016 MOVER: COMMISSIONER CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 5-COMMISSIONER(S) GORT, RUSSELL, CAROLLO, SUAREZ AND HARDEMON ACTION: DEFERRED —PASSED Clay ofMlonJ Page 29 Primed on 9-)3 MI6 9/19/2016 EXHIBIT c City of Miami - City Clerk's Moe Submitted into the publics record fi( r1t;41{v) an City Clerk Text - Oniy I lion e I city r-eCiJry I ray city oraan noon! I comrnissrn after bins I amp%) 'I/lent l e "eRig IC -Rh CONTACT L ELi T! NC FREQUENTLY ASKED OUESTIJNS L Of-BYIsT EETINGS PASS POF. SEARCH CITY OF MiAMI: GO OUR wISSION. 10 G/.PTURE Ar:DARCHivE PUCLIC RECOR7 CCUR'TELS. r :KING I: AVAILABLE AS QUICKLY , ND AS SROAC Y AS PRES IE L E. AND TO r eFEGUARDTHE INTEGRIT C OF THE EL EC1ION PI,C,MECS .,PPt YING TECHNOL 0GY AND (''PROVED BUSINESS P:'OCESS_! & Legistar Glossary of Terms File ID: Each piece of legislation before the Commission Is assigned a number, which the Commission uses for tracking purposes. The numbers are in the form re) 0O( e.g. 03-0331, Indicating the year the matter was fret received by the Commission and the chronological sequence. Status: This fiekt Indicates the state of specific items in the legislative process. The statuses used by Legistar are: in Commission: Items on the agenda to be considered by the Commission or the Meeting Body. 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If your computer has the related application or a compatible application, clicking a document will open the tiles in the host applcation. if your computer does not have the compatible appication associated with the attachment type, you will be unable to open the attachment, In some cases, compatible applications may be downloaded from the manufacturer or elsewhere on the Internet. Extras: This entry contains information about the date the legislation was introduced, the Agenda date, the meeting body to which the legislation was assigned, the version cattle legislation which was passed and the final enactment number of the legislation, !p> Controlling] Body: T8 This entry defines the meeting body acting on the items submitted In the agenda. CITY CLERK'S OFFICE: Horrie I About U I Contact Us I AQA I Leeistative ligb I City Ordinance Submitted into the public record fir ite l City Clerk tittp://www.miamigov.cornkfty cierk/Pages/LegistartgiossCry.asp zf2