HomeMy WebLinkAboutStaff Analysis and MapsCity of Miami
Planning Department A
Division of Land Development
ANALYSIS FOR
SPECIAL APPEARANCE
NOTICE
This submittal needs to be schedu led bra public hearing
In accordance whh timelines set forth In the City of
Mlaml Code. The applica de decision -ma Xing bodywill
review the information at the public hearing to render a
recommendation or a final decision.
Staff Analysis Report No.
PZ-20-6170
Location
460, 500, and 520 Northeast 82 Terrace and 505, 439, 437,
433, and 421 Northeast 82 Street
Folio Numbers
0132070540120, 0132070540130, 0132070540150,
0132070230020, 0132070230040, 0132070230050,
0132070230060, and 0132070230070
Miami 21 Transect
"T6-8-O" Urban Core —Open
MCNP Designation
Restricted Commercial
Commission District
Keon Hardemon (District 5)
NET District
Upper East Side NET
Property Applicant and
Owner
82nd Apartments LP, 505 NE 82nd Street LLC, 520 NE 82nd
Terrace LLC, 439 NE 82nd ST LLC, 421 82 ST, LLC
Project Representative
Alexander I. Tachmes, Esq. (ATachmes@shutts.com)
Planner
Vickie Toranzo, Planner II
A. REQUEST
82nd Apartments LP, 505 NE 82nd Street LLC, 520 NE 82nd Terrace LLC, 439 NE 82nd ST LLC, 421 82 ST, LLC
(collectively the "Applicant"), owner of the properties at 460, 500, and 520 Northeast 82 Terrace and 505, 439,
437, 433, and 421 Northeast 82 Street (collectively, the "Property"), requests an Special Appearance for a partial
release a Declaration of Restrictive Covenants voluntarily proffered as part of a rezone of the Property.
B. RECOMMENDATION
The Planning Department recommends denial of the release of the Declaration of Restrictive Covenants as
presented by the Applicant, and instead recommends Approval to only release the Covenant's first listed restriction
which (paraphrased) states that the Property must be developed consistent with the plans entitled "Wave of
Shorecrest 82nd Street Master Plan", with Conditions.
PROPERTY INFORMATION:
The Property is an assemblage of eight parcels as outlined above. Five parcels front NE 82 Street and three front
NE 82 Terrace. The site is approximately 2.2711 acres (98,932 square feet) of land generally bounded by NE 82
Terrace to the north, NE 82 Street to the south, NE 4 Place to the east, and Biscayne Boulevard (also known as
NE 6 Avenue) to the west. The Property is located within the Upper Eastside NET.
Figure 1 - Aerial of Property Figure 2 - Zoning Designation of Property
Page 1 of 4
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C. NEIGHBORHOOD CONTEXT
NOTICE
This submittal needs to be ache& led bra public hearing
in accordance wth Idmatinee set forth In the City of
Mlarni Cede. The appliwde decision -mating bedywill
renew the information at the public hearing to render a
recommendation or a final decision.
PZ-20-61 70
07/08/20
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SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
"T5-R" Urban Center—
Restricted
Medium Density
Multifamily Residential
(65 D.U.)
Multi -Family, Low -
Density Residential
and Two -Family
Residential
South
"T6-8-O" Urban Core—
Open
Restricted Commercial
(150 D.U.)
Multi -Family, Low -
Density Residential
East
"T5-R" Urban Center —
Restricted
Medium Density
Multifamily Residential
(65 D.U.)
Multi -Family, Low -
Density Residential
West
"T5-R" Urban Center —
Restricted
Medium Density
Multifamily Residential
(65 D.U.)
Vacant Land
D. BACKGROUND
On September 16, 2015, the Miami Planning, Zoning and Appeals Board ("PZAB"), in agreeance with the Planning
Department's recommendation, adopted Resolution No. PZAB-R-15-057 by a vote of five to three (5-3),
recommending Denial of an ordinance of the Miami City Commission amending Ordinance No. 10544, as
amended, the Future Land Use Map of the Miami Comprehensive Plan, pursuant to small scale amendment
procedures subject to §163.3187, Florida Statues, by changing the future land use designation of the real
properties located at approximately 460, 500, 520, 530, 538, and 540 Northeast 82nd Terrace and 421, 433, 437,
439, and 505 Northeast 82nd Street, Miami, Florida, from "Medium Multifamily Residential" to "Restrictive
Commercial".
On September 16, 2015, the PZAB, in agreeance with the Planning Department's recommendation, adopted
Resolution No. PZAB-R-15-058 by a vote of five to three (5-3), recommending Denial of an ordinance of the
Miami City Commission amending the Zoning Atlas of Ordinance No. 13114 ("Miami 21 Code"), as amended, by
changing the zoning classification from "T5-R" Urban General to "T6-8-O" Urban Core", for the properties located
at approximately 460, 500, 520, 530, 538, and 540 Northeast 82ND Terrace and 421, 433, 437, 439, and 505
Northeast 82nd Street, Miami, Florida.
On January 28, 2016, the Miami City Commission adopted Ordinance No. 13592, by a vote of four to zero (4-0),
amending Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statues, by
changing the future land use designation of the approximately 2.2711 acres described herein of real prcoppeLsof 4
located at approximately 460, 500, 520, 530, 538, and 540 Northeast 82nd Terrace and 421
505 Northeast 82nd Street, Miami, Florida, from "Medium Multifamily Residential" to "Restri
On January 28, 2016, the Miami City Commission adopted Ordinance No. 13593, by a vot
amending Ordinance No. 13144, as amended, by changing the Zoning Classification from
Transect Zone — Restricted" to T6-8-O "Urban Core Transect Zone — Open", for the properti
approximately 460, 500, 520, 530, 538 and 540 Northeast 82ND Terrace and 421, 433, 437,
Northeast 82nd Street, Miami, Florida. As part of the Rezone the Applicants proffered a Decl
Covenants that was accepted by the Miami City Commission.
The proffered Declaration of Restrictive Covenants contained the following four restrictions:
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a.
NOTICE
This submittal needs to be schedu led bra public hearing
in ceord once whh timelines set forth In the City of
Warm Cale The applicable decision -ma Ing bodywill
renew the Intormadon at the public hearing to render a
recommendwlon or a finadecld on.
PZ-20-6170 ti,
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1. That the Property shall be developed consistent with the plans entitled "Wave of Shorecrest 82nd
Street Master Plan," dated July 15, 2015 (the "Plan".) Said plans are on file with the City of Miami,
and deemed incorporated herein.
2. That the Owners shall not increase the proposed floor area (FLR), as described in the Plan, by
pursuing a "Public Benefits" bonus under Miami 21.
3. The Property shall be developed with a maximum of 232 dwelling units.
4. There shall be no commercial uses permitted along the NE 82 Terrance frontage of the Property.
E. ANALYSIS
The Applicant seeks to a partial release from the Declaration of Restrictive Covenants that was proffered as part
of their application for rezoning of the Property. More specifically, they'd like to remove the first three voluntary
proffered restriction which state:, 1. That the Property shall be developed consistent with the design intent of the
plans entitled "Wave of Shorecrest 82nd Street Master Plan" dated July 15th, 2015 (the "Plan"); 2. That the
Owners shall not increase the proposed floor area (FLR), as described in the Plan, by pursuing a "Public
Benefits" bonus under Miami 21.; 3. The Property shall be developed with a maximum of 232 dwelling units.
The elimination of restriction 1. removes the design restrictions on the future development of the site. In their
Letter of Intent ("LOI"), attached hereto as Attachment "1 ", the Applicant states, "The inflexibility in design
created by condition (1) is inhibiting development of the Properties, especially in the case of potential buyers of
the Properties who want the ability to design their own projects for the site." Staff does not object to this deletion
as the plans were not part of the original Rezone application. That application was specific to rezoning of the
Property.
In their Letter of Intent, the Applicant states, "...conditions (2) and (3) of the Covenant should be deleted
principally because the character of the surrounding neighborhood has changed since 2016." The Applicant
provides five examples of what they contend are "new projects that have been built, proposed projects and
zoning code changes since 2016 relating to this neighborhood." Staff finds their examples to be inconsistent with
this statement.
No new projects have been built since the Rezone and FLUM amendment were approved for this site. Of the
two proposed projects, only one is located with the limits of the City of Miami. Additionally, the zoning code
changes were within another municipality. Furthermore, a comparison of the Zoning Atlas at the time of the re-
zoning, attached hereto as Attachment "2", and the current zoning indicate that no changes have been made to
the Zoning Atlas. As such, the Applicant has not provided the required information to support elimination of
these restrictions 2 and 3.
Finally, as stated in the minutes for the November 19, 2015, meeting of the City Commission, attached hereto as
Attachment "3"the request to Rezone from T5-R to T6-8-O was to allow for a mixed used development that
included commercial use and the restrictions of the Covenant would ensure that the project "would be mirroring
the activity taking place to south, but providing a transition via the covenant to the areas to the north that are
medium density residential." Denying the elimination of restrictions 2) and (3) would ensure their intent is
maintained.
F. CONCLUSION
The Planning Department recommends denial of the release of the Declaration of Restrictive Covenants as
presented by the Applicant, and instead recommends Approval to only release the first listed restriction related
to design of the future development on site to match plans the entitled "Wave of Shorecrest 82nd Street Master
Plan", with Conditions.
Page 3 of 4
The partial release will allow flexibility in the design of future development on the site.
G. CONDITIONS OF APPROVAL
NOTICE
This submittal needs to be ache& led tor public hearing
In accordance whh timellna set forth In the City of
Mlaml Ccde. The applicatte decision -ma Ing bodywill
reWew the Informal-Umatthe public hearing to render
1. The restrictions of the Declaration of Restrictive Covenants shall be: 7 rec°mmen°atonorafinal decision
a. The floor area (FLR) shall be capped at 460,106 square feet and the Own
the FLR by pursuing Public Benefits "bonuses under Miami 21.
b. The density shall be capped at 232 units.
c. There shall be no retail uses along the NE 82nd Terrace frontage of the Properties
PZ-20-6170
Q4<t
REV! EW CO"
ePlan File ID PZ-20-6170 _ 421 Northeast 82 Street
Page lof 5
Jacqueline Ellis
Chief of Land Development
Page 4 of 4
ThIs submittal needs to be scheduled for public hearing
In accordance with tlmellnes set forth in the City of
Miami Code. The upped de decision -making body will
review the Information at the public hearing to render a
recommendation or a final decid on.
ATTACHMENT "1"
PUBLic
July 13, 2020
VIA ELECTRONIC SUBMISSION
Mr. Francisco J. Garcia, Director
Planning Department
Miami Riverside Center
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
ALEXAN
PARTNE
Shutts
200 So
Suite 4
Miami,
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ACHMES, E!Q:.
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This submittal needs to be achedu led bra public hearing
In accordance with bmellnes set forth In the City of
are y i Ii, oFinationl atdihedpubtic hearing todrreenbenls
a Bal ommendati on or a fine I decision.
47-7-20-6170
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VIEW COV
Re: Special Appearance Application —
Partial Release of Declaration of Restrictive Covenants Concerning NE 82nd
Street Assemblage
Dear Francisco:
This firm represents 82nd Apartments LP, 505 NE 82nd Street LLC, 520 NE 82nd
Terrace LLC, 439 NE 82nd Street LLC, and 421 82 ST, LLC (collectively, the "Applicant"),
who are the owners of the following properties (collectively, the "Properties"):
• 460 NE 82nd Terrace (Folio No. 01-3207-054-0120);
• 500 NE 82nd Terrace (Folio No. 01-3207-054-0130);
• 520 NE 82nd Terrace (Folio No. 01-3207-054-0150);
• 505 NE 82nd Street (Folio No. 01-3207-023-0020);
• 439 NE 82nd Street (Folio No. 01-3207-023-0040);
• 437 NE 82nd Street (Folio No. 01-3207-023-0050);
• 433 NE 82nd Street (Folio No. 01-3207-023-0060); and
• 421 NE 82nd Street (Folio No. 01-3207-023-0070).
In 2016, the Properties were rezoned from T5-R to T6-8-O. As a condition of the
rezoning, the Applicant was required to execute a Declaration of Restrictive Covenants (the
"Covenant") which, among other things, limited density and the ability to seek FLR bonuses
regarding the Properties. Due to changed conditions in the surrounding neighborhood since
2016, we are hereby applying for a partial release of the Covenant by releasing three (3) of its
four (4) conditions. An Application for Special Appearance before the City of Miami (the
"City") Commission to partially release the Covenant is enclosed.
MIADOCS 19461320 8
shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH
Mr. Francisco J. Garcia, Director
July 13, 2020
Page 2
ThIs submittal needs to be scheduled for public hearing
In accordance with tlmellnes set forth in the City of
Miami Code. The upped de decision -making body will
review the Information at the public hearing to render a
recommendation or a final decid on.
I. The Properties:
The Properties are an assemblage of eight (8) individual parcels located general
of 82nd Street and west of Biscayne Boulevard. Specifically, the assemblage is bounded on the
south by NE 82nd Street, on the north by NE 82nd Terrace, on the east by Biscayne Boulevard
and on the west by NE 4th Place.
The Properties are within the T6-8-O Transect Zone under the City's Code of Ordinances
(the "Code") and are designated Restricted Commercial under the Miami Comprehensive
Neighborhood Plan (the "MCNP"). The Properties account for approximately 98,932 square
feet (2.27 acres), and contain low-rise apartment buildings. For ease of reference, below is an
aerial depiction of the Properties.
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II. Brief Zoning and Covenant History:
In 2016, the Properties were re -zoned from T5-R, Urban Center Zone Restricted, to T6-8-
0, Urban Core Zone. The Future Land Use Map designation for the Properties was amended
simultaneously and was changed from Medium Density Multi -Family Residential to Restricted
Commercial. Enclosed with this application are: (i) copies of the ordinances creating each
change; and (ii) the City's zoning map showing the Properties and the surrounding area.
As a condition of approving the re -zoning and comprehensive plan amendment, the City
required the Applicant to execute a Covenant in favor of the City. The Covenant, a copy of
which is enclosed with this application, contains the following four (4) conditions:
(1) The Properties shall be developed consistent with the plans entitled "Wave of
Shorecrest 82nd Street Master Plan," dated July 15th, 2015 (the "Plan").
(2) The Applicant shall not increase the proposed floor area (FLR), as described in the
Plan, by pursuing "Public Benefits" bonuses under Miami 21.
MIADOCS 19461320 8
shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH
Mr. Francisco J. Garcia, Director
July 13, 2020
Page 3
ThIs submittal needs to be scheduled for public hearing
In accordance with tlmellnes set forth in the City of
Miami Code. The upped de decision -making body will
review the Information at the public hearing to render a
recommendation or a final decid on.
(3) The density shall be capped at 232 dwelling units.
(4) There shall be no retail uses along the NE 82nd Terrace frontage of the Properti
The Covenant conditions impose severe restrictions on the development of the Properties.
Condition (2) has the effect of reducing the maximum FLR from 618,325 feet (allowed with
bonuses under T6-8) to 494,660 square feet, a decrease of 123,665 square feet. Meanwhile, the
effect of condition (3) of the Covenant is to reduce the maximum density from 340 dwelling
units to 232 units, a decrease of 108 units.
Taken together, conditions (2) and (3) of the Covenant create dramatic reductions in what
would normally be allowed under T6-8-O zoning. As a result, development of a new project on
the Properties is not economically feasible. Our clients have had many discussions with
developers over the last four (4) years. Developers have repeatedly refused to invest in the
Properties due to the Covenant restrictions.
III. Requested Partial Release of Covenant:
We are hereby requesting a release of conditions (1) through (3) of the Covenant
(collectively, the "Conditions"). The Applicant is not seeking a release of condition (4)
regarding the restriction on retail uses on the NE 82nd Terrace facade. Further, we understand
Staff has no objection to the release of condition (1), which ties in the design of the potential
project to the Plan from 2016. The inflexibility in design created by condition (1) is inhibiting
development of the Properties, especially in the case of potential buyers of the Properties who
want the ability to design their own projects for the site.
As discussed in further detail below, conditions (2) and (3) of the Covenant should be
released principally because the character of the surrounding neighborhood has changed since
2016. The development character of the neighborhood has intensified due to new and proposed
large projects nearby and legislative changes affecting this area that allow and encourage more
intense development.
I. Development Intensity of the Surrounding Neighborhood
Since 2016 when the re -zoning was approved, there has been a clear intensification of
actual and anticipated development in the surrounding neighborhood. The intensification has
manifested itself in terms of newly built projects, changes in zoning laws to allow larger
developments, and the adoption of an overlay zone and government programs that clearly
encourage more intense development in this area. Due to this classic change in conditions over
the last four (4) years, the assemblage of our clients' Properties is now the "hole in the donut,"
with intense development projects and incentives surrounding the Properties, while the
Properties themselves remain burdened by obsolete development restrictions based on the
Covenant.
MIADOCS 19461320 8
shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH
Mr. Francisco J. Garcia, Director
July 13, 2020
Page 4
ThIs submittal needs to be scheduled for public hearing
In accordance with tlmellnes set forth in the City of
Miami Code. The upped de decision -making body will
review the Information at the public hearing to render a
recommendation or a final decid on.
Below are examples of new projects that have been built, proposed project
code changes since 2016 relating to this neighborhood. Please also refer to the ma
with this application entitled "Map Showing Developments in the Surrounding Area,
graphically shows the changes in the neighborhood.
• The Triton Center (former site of the old immigration building), which will
reportedly feature a 139-room Hilton Garden hotel, 325 residential units, and
retail.
• The Kavista, a proposed rental complex expected to have 300 units (for a density
of approximately 150 units per acre).
• Miami IRONSIDE, a trendy mixed -use complex with restaurants, recreation,
retail shops, and galleries.
• The Citadel, a popular food hall and bar/restaurant, which also serves as the
headquarters of the fourth (4th) largest radio broadcasting company in the U.S.,
Entercom Miami.
• The rezoning of a former trailer park within El Portal to the equivalent of the
City's T6-8-O district.
To the extent neighborhood compatibility was an issue before and led to the imposition of
these Conditions, the Conditions are no longer needed or appropriate given the changes in the
character of the neighborhood since 2016.
2. Consistency with the MCNP and Proximity to Transit Corridors
One of the most significant changes affecting this area since 2016 has been the adoption
of the Biscayne Boulevard and the NW/NE 79 Street transit corridors (collectively, the "Transit
Corridors"). The Properties are located within the 1/4-mile buffer of these Transit Corridors.
Furthermore, a new Tri-Rail station will be built near these Transit Corridors in the near future.
These factors were not in place in 2016.
The concept of incentivizing development near mass transit hubs is one of the key urban
planning objectives all across South Florida today. Such development is highly desirable as a
means of alleviating the massive traffic congestion on our roads caused by those who commute
from miles away to get to the urban core.
Ironically, although incentivizing development near Transit Corridors is a major priority
for the City of Miami and Miami -Dade County, the Conditions of the subject Covenant are doing
the opposite. The Conditions are seriously restricting development of our clients' Properties and
inhibiting the investments needed to support and complement the Transit Corridors' area.
Below is a listing of some of the comprehensive plan policies and objectives that
demonstrate the clear mandate to incentivize development in Transit Corridors.
MIADOCS 19461320 8
shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH
Mr. Francisco J. Garcia, Director
July 13, 2020
Page 5
ThIs submittal needs to be scheduled for public hearing
In accordance with tlmellnes set forth in the City of
Miami Code. The upped de decision -making body will
review the Information at the public hearing to render a
recommendation or a final decid on.
• Policy TR-1.1.5: The City will encourage new development to be structure
a pattern of neighborhoods and urban centers by focusing growth along transi
and around transit nodes and centers (emphasis added).
• Policy TR-1.2.4: The City will provide reduced, shared or alleviated parking
requirements within the Land Development Regulations for developments located within
a 1/4 mile of transit corridors ... (emphasis added).
• Policy TR-2.1.3: The City will encourage increased density of development within
walking distance of transit corridors .... (emphasis added).
• Policy TR-2.1.4: The City will ensure a strong interface between (re)developments and
the public transportation system by ... (A) Encouraging development of a wide variety of
residential and non-residential land -uses and activities in nodes around rapid transit
stations ... (B) Accommodate new development around rapid transit stations . .. .
(emphasis added).
• Objective TR-2.7: Encourage transit -supportive development patterns that promote
walkable, mixed use neighborhoods .... (emphasis added).
• Policy TR-2.7.3: The City will conduct appropriate land use and zoning analysis of the
areas surrounding each transit station area and transit corridor in order to determine
whether appropriate land use and zoning changes should be implemented that foster
transit -oriented development .... (emphasis added).
Simply put, the Conditions are grossly inconsistent with the MCNP given the Properties'
location within the % mile buffer of the Transit Corridors and the new Tri-Rail station, and
should therefore be released in order to keep pace with the Transit Corridors and transit -driven
development. See the aerial of the Properties entitled "Transit Corridor Proximity" enclosed
with this application which shows their proximity to these Transit Corridors.
3. The Properties' Location within an Enterprise Zone
The Properties are also located within a Miami -Dade Enterprise Zone, which is a
program established by the State of Florida and Miami -Dade County to encourage business
development, expansion and job creation in economically distressed areas. See Future Land Use
Policy LU-1.3.1 of the MCNP that provides as follows: "[C]ontinue to provide incentives for
commercial redevelopment and new construction in ... the Enterprise Zone" (emphasis added).
The unambiguous goals behind Enterprise Zone designations clearly conflict with Covenant
conditions restricting development.
4. The Proximity Of The Properties to Florida Department of Transportation
("FDOT ") Project
MIADOCS 19461320 8
shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH
Mr. Francisco J. Garcia, Director
July 13, 2020
Page 6
ThIs submittal needs to be scheduled for public hearing
In accordance with tlmellnes set forth in the City of
Miami Code. The upped de decision -making body will
review the Information at the public hearing to render a
recommendation or a final decid on.
A main thoroughfare just south of the Properties is SR 934/ NW/NE 79th St
a major corridor connecting the City with I-95. FDOT began a project in Augu
improve capacity deficiencies, traffic operations and multimodal use in this corridor in or
address existing congestion and future travel demand, including safety conditions. According to
FDOT, these improvements are intended to stimulate economic redevelopment within the overall
area while balancing livability enhancements with mobility needs, traffic operations, and safety
concerns. This is yet another government program at odds with the Covenant Conditions.
5. Staff's Comments during Initial Application for Rezoning
Although the Covenant was required by the City in 2016, Staff clearly foresaw that such
conditions would become inconsistent with the neighborhood over time. See below the
comments of Planning and Zoning Department staff during first reading of the rezoning
ordinance at the November 19, 2015 City Commission meeting.
• "El Portal, immediately to the north ... of 83rd street, has also recently rezoned what used
to be a trailer park to essentially the same zoning designation as our T6-8-O."
• "In the very near future . . . we expect this to become a transportation -oriented
development site by virtue of the coming Tril-Rail to Miami. We think again that the
zoning for the whole area merits reconsideration."
A copy of the Meeting Minutes from this meeting is enclosed with this application.
For the foregoing reasons, the Applicant respectfully requests that the City Commission
partially release the Covenant as provided herein. Thank you for your time and please let us
know if you have any questions.
Sincerely,
Shutts & Bowen LLP
Alexander I. Tachmes, Esq.
Enclosures
MIADOCS 19461320 8
shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH
This submittal needs to be scheduled for a public hearing
in ccordance whh bmellnee set forth in the City of
Miami Code. The appli®de decision -malting bodywill
resiew the information at the public hearing to render a
recommended on or a final declb on.
PZ-20-6170
07/08/20
ATTACHMENT "2"
City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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Meeting Minutes
Thursday, November 19, 2015
2:00 PM
PLANNING AND ZONING
City Hall Commission Chambers
City Commission
Tomas Regalado, Mayor
Wifredo (Willy) Gort, Chair
Keon Hardemon, Vice Chair
Marc David Sarnoff, Commissioner District Two
Frank Carollo, Commissioner District Three
Francis Suarez, Commissioner District Four
Daniel J. Alfonso, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
This submittal needs to be scheduled fora public hearing
in accordance whh tlmellnes set forth in the City of
Miami Code. The applica decision -making body will
resiew the information at the public hearing to render a
recommended on or a final decal on.
PZ-20-6170
07/08/20
City Commission Meeting Minutes
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANC
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATIO
T3-O "SUB -URBAN TRANSECT ZONE - OPEN" TO T4-O "GENERAL U
TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
15-00973zc FR Fact Sheet.pdf
15-00973zc Analysis, Maps & PZAB Reso.pdf
15-00973zc Application & Supporting Docs.pdf
15-00973zc Legislation (v2).pdf
15-00973zc Exhibit A.pdf
LOCATION: Approximately 30, 48, 54, and 62 NW 34 Street [Commissioner
Keon Hardemon - District 5]
APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami
Management Group, Inc.; Marks Subdivision Apt., LLC; Pedro J. Enriquez;
Miami Green Houses, LLC.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 9,
10 and 11 (30 NW 34th Avenue) and denial of Lots 12, 13 and 14 (48, 24 and
62 NW 34th Street). See companion File ID 15-009731u.
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on
September 16, 2015, by a vote of 7-1.
PURPOSE: This will allow a zoning classification change for the above
properties from T3-O to T4-O.
Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Sarnoff
Note for the Record: Item PZ.10 was deferred to the March 24, 2016, Planning and Zoning
Commission Meeting.
Note for the Record: Please refer to Item PZ.9 for minutes referencing Item PZ.10.
This submittal needs to be scheduled for a public hearing
in ccordancc whh timelines set forth in the City of
Miami Code. The applia de decision -making body will
renew the information at the pubkc hearing to render a
recommended on or a final decid on.
PZ-20-6170
07/08/20
PZ.11 ORDINANCE First Reading
15-00965I u
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION OF THE
APPROXIMATELY 2.2711 ACRES DESCRIBED HEREIN OF REAL
PROPERTIES LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538 AND
540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439 AND 505
City of Miami Page 24 Printed on 12/30/2015
City Commission Meeting Minutes
NORTHEAST 82ND STREET, MIAMI, FLORIDA, FROM "MEDIUM D
MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL'; M
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
15-009651u FR Fact Sheet.pdf
15-00965Iu Analysis, Maps & PZAB Reso.pdf
15-009651u Application & Supporting Docs.pdf
15-009651u Legislation (v2).pdf
15-009651u Exhibit.pdf
15-009651u-Submittal-Ben Fernandez -Letters of Support.pdf
This submittal needs to be scheduled for a public hearing
in ccordancc whh timelines set forth in the City of
Miami Code. The appll®de decision -making body will
rodew the information at the public hearing to render a
recommended on or a final decld on.
LOCATION: Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace
and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon
- District 5]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP,
505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street,
LLC; and 421 82nd St, LLC.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended denial. See
companion File ID 15-00965zc.
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on
September 16, 2015, by a vote of 5-3.
PURPOSE: This will change the land use designation for the above properties
from "Medium Density Multifamily Residential" to "Restricted Commercial".
Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be
PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Sarnoff
Todd B. Hannon (City Clerk): Chair.
Chair Gort: We're on. Okay, PZ.11.
Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. By way of a brief
introduction, and then I will yield to the applicant. Items PZ. 11 and PZ.12 are companion items,
and they involve the land use change and rezoning for properties at 460, 500, 520, 530, 538, and
540 Northeast 82nd Terrace, and 421, 433, 437, 439, and 505 Northeast 82 nd Street. These
items are before you on first reading, and the proposed changes are on the land use side from
multifamily density -- rather, medium density multifamily residential to restricted commercial,
and on the zoning side, from T5-R to T6-8-O. The Department's recommendation is for a denial,
and I'll explain that in further detail in a moment, and the Planning Zoning & Appeals Board
recommendation was for denial, as well. Our recommendation for denial stems not so much
from the fact that we don't think the area merits a reconsideration for its present zoning, in light
of the fact that it is immediately to the north of and immediately to the south of higher density
zoning, and it really spans only two blocks of land, essentially, but it stems from the fact that the
proposal is a private application, which encompasses an irregularly -shaped area, and we have
found -- our experience has been that those irregular zoning lines are very hard to defend and
very hard to manage. That said, the applicants don't have the ability to apply for a rezoning for
any land that is not theirs, so we have mentioned that we are willing to explore the rezoning of
PZ-20-6170
07/08/20
City of Miami Page 25 Printed on 12/30/2015
City Commission Meeting Minutes
the area as a whole. I did mention, I hope, for the record, and if not, I meant to men
say it now, that El Portal, immediately to the north -- the municipality immediately to
of 83rd Street, which is the city limit, has also recently rezoned what used to be a trail
essentially the same zoning designation as our T6-8-O. For that reason, and also in lig
fact that in the very near future -- or in the near future, I suppose, we expect this to become
transportation -oriented development site by virtue of the coming of Tri-Rail to Miami. We think,
again, that the zoning for the whole area merits reconsideration. That said, I will yield to the
applicant who's before you today with their application. The design that they will show you is
not a part of the application itself, the application is simply for a land use change and for
zoning, although, I think they will show you some fairly sophisticated means in which they can
address the messing of the building and the scale of the building to be sympathetic to the areas
around it. That said, I'll yield, and I'm happy to answer any questions.
Chair Gort: Thank you. Yes, sir, you're recognized.
This submittal needs to be scheduled for a public hearing
In acoordance whh timelines set forth in the City of
Miami Code. The applia de decision -malting body will
review the Information at the pubec hearing to render a
recommended on or a final decid on.
PZ-20-6170
07/08/20
Ben Fernandez: Good afternoon, Mr. Chair. Yes, I am. Ben Fernandez, 200 South Biscayne
Boulevard, here on behalf of the applicant, 82nd Apartments, LP (Limited Partnership), and I'm
joined by Ms. Shirley Stock; Mr. Harvey Cohen, our project architect; Mr. Dean Lewis; and my
colleague, Gianelli Mestre. I'd like to say that this is an area that is fundamentally changing,
and change is really one of the criteria that you are to consider when you view whether or not a
rezoning is appropriate. And the reason that this area is changing is because this is what is
essentially the multifamily and commercial side of Shorecrest. This red line identifies the entire
Shorecrest area. The property is here on the west side of Biscayne Boulevard. Historically, there
are only two streets that take you over the canal into the western neighborhoods in Miami and
back into the eastern neighborhoods. Those are 79th Street and 82nd Street. Eighty Second
Street, where the property is located, fundamentally changed when the traffic on that street was
rerouted in a one-way direction, and 79th Street was also rerouted, so that 82nd Street went from
being a not very busy street to being a very busy street, and the major transportation corridor
that takes you from the beach all the way to 95. That, by itself combined with the fact that this
property is immediately abutting a T6-8 area, which is the largest commercial shopping center in
the Upper Eastside, which is the plaza over here south of 82nd Street, which you see here is an
18-acre Biscayne Plaza Shopping Center, and this is the property here. You can see -- these are
the two streets that you see on this map, 82nd Street and 79th Street, and they're the only streets
that really take you back and forth east and west through Shorecrest. So that is the fundamental
reason why you should consider this rezoning to be appropriate, because it mirrors the same
zoning that you have on the south side of 82nd Street. In addition to that, as the Planning
director indicated, this is an area that has been identified by the South Florida Regional Transit
Authority as a stop for Tri-Rail. The 79th Street station, in fact, recently was awarded initial
funding -- you have the article in the items that I distributed -- for improvements that include the
Tri-Rail stop at 79th Street. In addition to that, we have overwhelming support for this rezoning
from the Shorecrest Homeowners Association. We have a letter of support in your materials. We
also have a letter of support from Mr. Doron Valero, who is the owner of the Biscayne Plaza
Shopping Center immediately to the south, as well as the support of the Cake Thai Kitchen, a
commercial property on 79th Street; Don Bailey Flooring, which is on 79th Street, just north of
this. We did not have any objectors appear at the lower board meeting, Planning Zoning &
Appeals Board meeting. We're not aware of any objectors to date to the project. As the Planning
director indicated also, the Village of El Portal recently annexed from Miami -Dade County the
property that you see up here, this vacant piece. This is the Little Farm Trailer Park, a little
further off the map. So you now have a cohesive, fairly large property under one jurisdiction, El
Portal, that is presently changing its land development regulations to increase density and
introduce mixed use development into this area. So what you have here, however, is housing that
is over 50 years old, for the most part. It's all really two-story housing, such as you see here in
this photograph, and there's nothing wrong with it. There's nothing fundamentally wrong with it.
However, it isn't what Miami 21 would encourage today. You have cars that backup into the
street. You have buildings that don't address the street the way Miami 21 would want to them to,
City ofMiami Page 26 Printed on 12/30/2015
City Commission Meeting Minutes
and they're buildings that really don't belong in an area that is so heavily trafficked,
82nd Street. The project that we're proposing is going to introduce mixed use develo
this area. Presently, the T5-R regulations prohibit any commercial use, whatsoever.
have live/work. You can't have any commercial component to this project. The project t
This submittal needs to be scheduled for a public hearing
in ccordance whh timelines set forth in the City of
Miami Code. The appli®de decision -making body will
rodew the information at the pubkc hearing to render a
recommended on or a final decid on.
PZ-20-6170
07/08/20
proposing would introduce a commercial component that we could introduce on 82nd Stree ,
it would allow us to transition, with the covenant that we're proffering, into the residential areas.
The covenant that we're proffering would tie us to the design intent of the proposed plan that Mr.
Lewis is going to tell you about in just a moment. It would also limit the maximum density of this
project to 232 units, which is a very modest increase compared to what you could do, which
would be 340 units, based on the full rezoning. So it is almost a hundred units less than what
you could do; actually, more than that. And also, our covenant is proffering that we will not
have any retail uses along 82nd Terrace, which would be the portion of the property facing the
medium density residential area to the north. So we would be mirroring the activity taking place
to the south but providing a transition via the covenant to the areas to the north that are medium
density residential. So for all of those reasons, we think that it's very appropriate. And Dean,
I'd like you to talk a little bit about the concept, please.
Dean Lewis: Thank you very much. Appreciate the opportunity to present a scaled down version
of the T6-8 zoning we're requesting tied to the covenant, the massing of the building with, ifyou
will, (UNINTELLIGIBLE) sculpts and creates a amenity podium. The amenity podium of the
project is, in fact, only four stories above street level where the T6-8 superior zoning and its
neighbors directly across the street are entitled to go to eight stories. In addition, in this
rendering, you can see this is the existing zoning to the south. This view is taken from the
northwest, looking across in this direction from the T5 area towards the existing T6-8, 12-story
development zone. And you can see that our project works its way in and sculpts around the
existing corner piece that we couldn't build into the development, but respected its own geometry
and sense of place, if you so desires to remain T5, as well as the other piece here to the east,
Biscayne Boulevard in this direction. And you could see this would create a better, more
organized commercial street and corridor, as important as it is, with more mixed uses. In
addition, I wanted to remind the Board that our project -- though, this is a view of the amenity
deck at level four -- we have cross -block passage, a pedestrian cross -block passage that would
be integrated into the neighborhood where it doesn't exist at all today, so all -- the pedestrian
traffic, literally, if I'm a resident here, would have to migrate all the way around to this corner
and work its way back, whereas, tomorrow, this development would integrate that cross -block
passage; same in the sectional comparative where this is 82nd Street. You can see that my
allowable being eight stories, only a 10 foot setback from the street. Today it exists in red. We
are proposing only four stories, and our setbacks are significantly greater and vary as you work
along the massing, bringing more daylight, view angles, and the such to a more urbanized
solution. And I'll leave you with this view as well, and remain available for any questions.
Thank you for your support.
Chair Gort: What -- let me ask you a question. What's the vacancy that exists between the two
buildings where you're going to --? Yes, what's in there?
Mr. Lewis: There is an existing two-story residential building there.
Chair Gort: And it's going to be there?
Mr. Lewis: It's going to be there, yeah.
Mr. Fernandez: Unless they choose to develop, we've reached out to them, and we're trying to
work with them, but to date, we haven't been successful at that. I would like to mention again
though one thing that Dean mentioned, which is very significant, which is that these blocks are
extremely long. This is a 900-foot long block, which is something that the Code today
discourages, because obviously, if you live here, you want to be able to walk to a nearby
City ofMiami Page 27 Printed on 12/30/2015
City Commission Meeting Minutes
commercial area without having to walk 600 feet, and Miami 21 requires this cross -
passage every 340 feet. We're going to be creating that cross -block passage through
of the development, which is going to be a very nice way to connect into the Biscayne
Also, we have a petition that we've provided to you, signed by 91 owners of properties
commercial properties in the area, in addition to the Shorecrest Homeowners' support. So
that said, we believe we meet the test. Basically, there are changed circumstances here that
fundamentally require that you revisit the zoning for the area, and we're prepared to bring a
high -quality project to you through the correct process, through Urban Development & Review
Board, et cetera, and we're here to answer any questions that you have. Thank you.
Chair Gort: Thank you. It's a public hearing. Will you put that down and --? Anyone in the
public would like to address this issue, PZ.11 and 12?
This submittal needs to be scheduled for a public hearing
in ccordance whh timelines set forth in the City of
Miami Code. The appli®de decision -making body will
rodew the information at the pubdc hearing to render a
recommended on or a final decid on.
PZ-20-6170
07/08/20
Allyson Warren: Hi. Allyson Warren, 650 Northeast 82 Terrace. Since I only saw this on the
agenda, I came down to see what it was all about, since Ilive almost directly across the street,
one house in on the east side of 82nd Terrace. I have to tell you that the Shorecrest Homeowners
Association these days consists of about 12 people, not the 400 or 500 that it used to be, so I'm
not so sure that they represent the greater portion of the neighborhood, which is residential all
the way up to 87th. I do have some questions. I don't necessarily oppose this, but I'd like to
know where all the traffic is going to dump out; if it's going to dump out onto the boulevard; if
it's going to dump out onto 82nd Street and where, because traffic on both of those is well
beyond horrifying. It'll be nice to have something back adjoining the El Portal property where
the trailer park has always been, because that's been a bone of contention since I moved into the
area back in the '90's, but we also want to be sure that we're not going to get -- I mean, we have
a street closure by me, fortunately, but the kind of cut -through traffic that can happen, as you
well know, for those of you who have been here for more than a few years, can also be
horrifying. That was one of the reasons that we put in our street closures to begin with. I just
want to be sure that the people who actually live there, not just the 10 or 12 or people who
signed offfor the association these days, actually know that it's going in. I know that my
next -door neighbors had no clue, and I'm only the second house in. I think it looks like a nice
idea, butt want to be very sure that the single family on our side of Biscayne is not damaged by
any of this in the long run. Thank you.
Chair Gort: Anyone else?
Commissioner Suarez: The notice goes out for these, right?
Chair Gort: Anyone else? Close the public hearings. You want to answer the questions?
Mr. Fernandez: Yes. Chairman Gort, of course this project has to go through the Urban
Development Review Board procedure, and so we don't have a full project for you at this point.
We have a design intent. The project will have access onto 82nd Street and 82nd Terrace, but
there will be no commercial traffic onto 82nd Terrace, which is the residential street to the north.
Eighty Second Street is the most appropriate place to funnel traffic to because it is one of the two
transportation corridors east/west, so we think that that's appropriate in that regard. I will also
mention that the project provides an entire level of underground parking so that parking above
ground will be minimized and will not be visible from any of the abutting corridors or sidewalks.
Chair Gort: Thank you. Vice Chairman Hardemon.
Vice Chair Hardemon: This appears to be one of those projects where you look at what the
professional staff is recommending, and you can see from the presentation that Mr. Garcia made
that their hands are basically tied because of the way that the Code is written as it pertains to,
you know, amending the future land use map. But when I take a look at where this project is
going and you consider if you're actually traveling on those streets, the type of streets that they
City ofMiami Page 28 Printed on 12/30/2015
City Commission Meeting Minutes
are, the ability to stop, its location as it is to the restricted commercial properties to
it, which borders 82nd Street, and where that area is particularly going, especially w
bring into the Tri-Rail. I think all that we're doing, making our areas more pedestrian
more -- what's the best use of it, Mr. --? How do you say that in --? When we think ado
transportation and traffic, how would you coin that phrase?
Commissioner Suarez: Transit -oriented development.
Vice Chair Hardemon: Transit -oriented development.
Commissioner Suarez: TOD (transit -oriented development).
Vice Chair Hardemon: TOD.
Commissioner Suarez: TOD.
Vice Chair Hardemon: That's why we pay you the big bucks.
Chair Gort: TOD.
This submittal needs to be scheduled for a public hearing
In e¢ordance whh timelines set forth in the City of
Miami Code. The appll®de decision -malting body will
redew the information at the pubec hearing to render a
recommendation or a final decld on.
PZ-20-6170
07/08/20
Vice Chair Hardemon: But the transit -oriented development that's coming, I think this is one of
those things that tries to address it, because if you're actually near this site, it's very close to the
rail system, and so if Tri-Rail is definitely coming to a stop near there, I can imagine people
getting on the Tri-Rail, riding to and from work, or getting off of the Tri-Rail visiting the
commercial that's -- I guess will be in this facility and then also to the south of it. Those -- the
acreage that is in the restricted commercial that's south of the subject property is, I think,
probably -- well, probably could be one of the next major parcels of land that could be
redeveloped in that area. And if you know it now, I mean, it sits in a condition, I think, in which
it probably has been for decades, and it is a relic of the past, in that sense, and I think that that
type of parcel of land will be developed to something that will be tremendous, and so here we are
putting housing just before that development comes. I think it may encourage it. So I -- this is
one of those things that I'm comfortable moving forward with on first reading, and with that, I
mean, I will move that we --
Commissioner Suarez: Second for discussion.
Vice Chair Hardemon: -- accept PZ.11.
Commissioner Suarez: Second for discussion.
Chair Gort: Been moved by lice Chairman Hardemon; second by Commissioner Suarez.
Discussion. Commissioner Suarez, you're recognized.
Commissioner Suarez: I just want to briefly note, and I think to Ms. Warren's point, who was --
who got up on the podium earlier, you know, homeowners associations do fluctuate in terms of
their intensity, and I've seen that happen in the six years I've been a Commissioner, but our
zoning rules also require that property owners get noticed within 500 feet, and so, you know,
they should be receiving the notices, and they should be informed of what's going on, and I just
wanted to bring that to her attention so that she knew.
Chair Gort: At the same time, this is first reading. Second reading --
Commissioner Suarez: Yeah.
Chair Gort: -- they have an opportunity to meet with the neighborhood and come up maybe with
City ofMiami Page 29 Printed on 12/30/2015
City Commission Meeting Minutes
some even better ideas, okay. Any further discussion? It's an ordinance.
The Ordinance was read by title into the public record by Deputy City Attorney Barna
Mr. Hannon: Roll call on item PZ. 11.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4- 0.
Mr. Fernandez: Thank you very much.
PZ.12 ORDINANCE
15-00965zc
(17 NOTICE
• This submittal needs to be scheduled for a public hearing
in ccordana whh timelines set forth in the City of
Miami Code. The applia de decision -malting body will
resiew the information at the public hearing to render a
recommended on or a final decld on.
PZ-20-6170
07/08/20
First Reading
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 TRANSECT ZONE - RESTRICTED" TO T6-8-O
"URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538 AND 540
NORTHEAST 82ND TERRACE AND 421, 433, 437, 439 AND 505
NORTHEAST 82ND STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
15-00965zc FR Fact Sheet.pdf
15-00965zc Analysis, Maps & PZAB Reso.pdf
15-00965zc Application & Supporting Docs.pdf
15-00965zc Proffered Restrictive Covenant.pdf
15-00965zc Legislation (v2).pdf
15-00965zc Exhibit.pdf
LOCATION: Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace
and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon
- District 5]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP,
505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street,
LLC; and 421 82nd St, LLC.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended denial. See
companion File ID 15-009651u. This item includes a covenant.
PURPOSE: This will allow a zoning classification change for the above
properties from T5-R "Urban Center Transect Zone - Restricted" to T6-8-O
"Urban Core Transect Zone - Open".
Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be
PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Sarnoff
City of Miami Page 30 Printed on 12/30/2015
City Commission Meeting Minutes
Chair Gort: PZ.12.
Vice Chair Hardemon: Board members, I echo my comments in PZ.12, and I move that
accept it.
This submittal needs to be scheduled for a public hearing
in ccordana whh timelines set forth in the City of
Miami Code. The applia de decision -making body will
rodew the information at the pubdc hearing to render a
recommended on or a final decid on.
Commissioner Carollo: Second.
Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo.
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Todd B. Hannon (City Clerk): Roll call on item PZ.12.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4-0.
Ben Fernandez: Thanks again. Have a good evening.
Chair Gort: Thank you.
PZ.13 RESOLUTION
15-01387cr
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A RELEASE OF THE RESTRICTIVE
COVENANT DATED OCTOBER 2006 AND RECORDED IN OFFICIAL
RECORDS BOOK 25102, PAGES 2137-2141, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA,
LEGALLY DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED.
15-01387cr Fact Sheet.pdf
15-01387cr Analysis, Maps &Addtl Docs.pdf
15-01387crApplication & Supporting Docs.pdf
15-01387cr Legislation (v2).pdf
15-01387cr Exhibit A.pdf
15-01387cr Exhibit B.pdf
15-01387cr-Submittal-Javier Vazquez -Aerial Photo.pdf
LOCATION: Approximately 3690 SW 23 Terrace [Commissioner Francis
Suarez - District 4]
APPLICANT(S): Javier L. Vazquez, Esq. on behalf of Cinco M's Corp.
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended denial.
PURPOSE: This will allow a release of restrictions.
Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Hardemon
Noes: 1 - Commissioner(s) Gort
Absent: 1 - Commissioner(s) Sarnoff
PZ-20-6170
07/08/20
City of Miami Page 31 Printed on 12/30/2015
This submittal needs to be scheduled for a public hearing
in ccordance whh bmellnee set forth in the City of
Miami Code. The appli®de decision -malting bodywill
resiew the information at the public hearing to render a
recommended on or a final declb on.
PZ-20-6170
07/08/20
ATTACHMENT "3"
Figure 1 — Zoning Designation in 2016
rI if //'- I
■1■I na;JMMEMAIINE B3R0.5T
T5-R
NE 82N131 TER
H
_ NE 82N❑ ST
aT6-8-011
,
I rf
This submittal needs b be scheduled fora public hearing
in roordanre whh timelines set forth in the City of
Miami Code. The appli®de decision -making body will
resiew the Information at the public hearing to render a
recommendation or a final deciv on.
PZ-20-6170
07/08/20
Figure 2 - Zoning Designation of Property
AERIAL
EPLAN ID: PZ-20-61 70
SPECIAL APPEARANCE
uAMw1iii•m.i m.ui.w
Se-3—_
r IA
arc i. � s ..Sin
N
�L
V
0 125 250
500 Feet
\w alit‘
wQ
A z
NOTICE
This submittal needs to be scheduled for a public hearing
in ccordance whh bmellnee set forth in the City of
Miami Code. The appli®de decision -malting body will
rewewihe information at the pubc hearing to render a
recommended on or a final decld on.
PZ-20-6170
07/08/20
NEr81ST ST
ADDRESSES: 460, 500, and 520 Northeast 82 Terrace
and 505, 439, 437, 433, and 421 Northeast 82 Street
Subject Property
r
MIAMI 21 (EXISTING)
EPLAN ID: PZ-20-6170
SPECIAL APPEARANCE
NE,82ND,ST
rNE 82ND-TER
NE 81 ST ST
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NOTICE
This submittal needs to be scheduled for a public hearing
In accordance whh timelines set forth in the City of
Miami Code. The applies de decision -malting body will
rodew the information at the pubc hearing to render a
recommendation or a final decid on.
PZ-20-6170
07/08/20
ADDRESSES: 460, 500, and 520 Northeast 82 Terrace
and 505, 439, 437, 433, and 421 Northeast 82 Street
Subject Property
0 125 250
500 Feet
PLANNING DEPARTMENT
Project Fact Sheet
This document is used to provide a summary for Planning Department related proj
PROJECT INFORMATION
Project Name: NE 82nd Street Assemblage
Project Address: 460, 500, and 520 NE 82 Terrace
505, 439, 437, 433, and 421 NE 82 Street
APPLICANT INFORMATION
Company Name: 421 82 ST, LLC
Primary Contact: Alexander I Tachmes, Esq
Email: ATachmes@shutts.com
Secondary Contact: Michael Pego
Email: MPego@shutts.com
Request for a partial release to remove three
restrictions from a Declaration of Restrictive
Covenants that was proferred at City Commission
as part of a Rezone application.
1 R: : U
Lead Staff: Vickie Toranzo
N a V
NOTICE
This submittal needs tole scheduled for a public hearing
In accordance with timelines set forth in the City of
Miami Code. The applicade decision -making bodywlll
reWew the Information at the public hearing to render a
recommendation or a final decision.
PZ-20-6170
07/08/20
Principal Division: Integrated Planning Team
Email: vtoranzo@miamigov.com
PROJECT DESCRIPTION
7
Webs Link(s):
BOARD REQUIREMENTS
n HEPB
n PZAB
n UDRB
n WDRC
n City Commission
n AIPP
Transect Zone(s): T6-8-O
Commissioner District(s): 5
NET Office(s): Upper East Side
I
Department Director: Francisco Garcia
Revision Date: 1/15/2020