HomeMy WebLinkAboutStaff Analysis and MapsCity of Miami
Planning Departmer:
ANALYSIS FOR
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NOTICE
This submittal needs to be scheduled fora public rearing
In accordance wp metro® set forth In the City of
Miami Castle. The appall.. decker -malting body will
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PZ-22-14579
06/14/22
SPECIAL APPEARANCE
Staff Analysis Report No.
PZ-22-14579
Location
399 NE 82 TER
Folio Number
01-3207-020-0310
Miami 21 Transect
"T3-O" Sub -Urban Transect - Open
MCNP Designation
Medium Density Multifamily Residential (65 D.U.)
Commission District
D5 (Commissioner Christine King)
Department of Human Service
Neighborhood Service Center
Little Haiti Neighborhood Service Center
Planner
Ryan Shedd, Planner II (rshedd@miamigov.com)
Property Owner
Pelican Harbor Seabird Station Inc
Project Representative
Melissa Tapanes-Llahues (mtapanes@brzoninglaw.com)
A. REQUEST
Pelican Harbor Seabird Station Inc, owner and applicant (the "Applicant"), owner of the site
located at 399 NE 82Terrace, Miami, Florida (the "Property"), requests a Special Appearance to
release of a Declaration of Restrictive Covenants (the "Covenant") voluntarily proffered and
recorded on July 16, 2007, in the Official Records Book 25862, Pages 3302-3306, of the Public
Records of Miami -Dade County, Florida. The Covenant is attached here as Attachment 1.
B. RECOMMENDATION
The Planning Department recommends Approval and full release of the Declaration of
Restrictive Covenants as presented by the Applicant, based upon the facts and findings in this
staff report.
Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 1
May 2022
Page 1 of 9
This aubminat needs to be scheduled fora pub4c hearing
in accordance with timelines set forth in the City of
Miami Code The applicable decision-Toklno body will
renew dreInformation at the pubic hearing to renders
iecommendition of a final aecmon.
PZ-22-14579
06/14/22
PROPERTY INFORMATION:
The Property is legally described as:
BEGINNING at a point 162' East of the S.W. corner of Lot 19, Tuttle Subdivision as recorded in
Plat Book "B" at Page 3, among the Public Records of Miami -Dade County, Florida, said point
being the intersection of the Easterly right-of-way of N.E. 4th Avenue, and the Northerly right-of-
way of N.E. 82"d Terrace; thence along said Easterly right-of-way N.E. 4th Avenue and Southerly
right-of-way, Easterly terminus and its Northeasterly extension of N.E. 84th Street the following
courses: N00'19'09"E a distance of 692.45', S89'47'30"E a distance of 20' and N00'16'09"E a
distance of 164.5' +/- to the Approximate M.H.W. line of the Little River; thence with the
meanders of said M.H.W. line the following courses: Due East a distance of 56', 555'00'E a
distance of 28', 527'00'E a distance of 85.5', S32'30'E a distance of 75' and S48'30'E a distance of
83' +/- to a point on the Westerly right-of-way of the F.E.C. Railroad; thence with said Westerly
right-of-way 524'54'40"W a distance of 18' +/- to a point of curvature and with the arc of a curve
to the left having for its elements a radius of 1960.08', a central angle of 19'11'56", a distance of
656.79' to a point on the aforementioned Northerly right-of-way of N.E. 82nd Terrace; thence
N89'47'30"W with said Northerly right-of-way a distance of 63.96' to the POINT OF BEGINNING,
containing 2.63 acres more or less.
The Zoning classification for this Property is "T3-O"Sub-Urban Transect - Open and the Future
Land Use designation is Medium Density Multifamily Residential. The Property bounded by the
Florida East Coast Railroad to the east, the Little River to the north, NE 4 Avenue to the west,
and NE 82Terrace to the south. The Property is 114,563 square feet and is currently unimproved,
with no built structures.
Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 2
May 2022
Page 2 of 9
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NOTICE
This submittal needs to be scheduled fora public rearing
In accordance wp metro® set forth In the City of
Miami Castle. The appall.. decker -malting body will
'career Ole Inbimat on at the public bearing to render
resommenmtlon or a nasal decision.
Figure 1 —Aerial —Vacant, vegetated Property outlined in a solid red line
NEB2NDST `
Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 3
May 2022
PZ-22-14579
06/14/22
Page 3 of 9
Figure 2 — Existing Zoning Atlas — Property outlined in black
NE 84TH ST��
T3-L
1 L
NE 82ND.TER
T4-L
a
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z
T3-O
UNNAMED
1 UNNAMED
T5-R
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NOTICE
This submittal needs to be scheduled fora public rearing
In accordance wp metro® set forth In the City of
Miami Castle. The appall.. decker -malting body will
'career Ole Inbimat on at the public bearing to render
resommenmtlon or a nasal decision.
N E~83 RDTST1
till
NE 82ND:TER=
j NE-82ND 5I111
III I
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Staff Analysis Report No. PZ-22-14579 - Special Appearance - 399 NE 82 Terr- Page 4
May 2022
PZ-22-14579
06/14/22
Page 4 of 9
Figure 3 — Future Land Use Map — Property outlined in black
Single Family
- Residential
NE 82ND TER
Low Density
Restricted
Commercial
UNNAMED
UNNAMED
NE 84TH ST
NE B3RD'ST'
Medium Density
ultifamily
Residential
NE 82ND_- R
d
yJE 92ND ST
c
a r� Restricted
u l Commercial
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NOTICE
This submittal needs to be scheduled fora public rearing
In accordance wp metro® set forth In the City of
Miami Castle. The appall.. decker -malting body will
'career Ole Inbimat on at the public bearing to render
resommenmtlon or a nasal decision.
Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 5
May 2022
PZ-22-14579
06/14/22
Page 5 of 9
NOTICE
This submittal needs to be scheduled for a Pablo rearing
In accordance wren timelines set forth in the city of
Miami Coda The applicable decision -making body eel
'mime tee Information at the public bearing to render a
.0m/tendtdon or a final decmon.
PZ-22-14579
06/14/22
C. NEIGHBORHOOD CONTEXT
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
The Village of El
Portal/Little River
The Village of El
Portal/Little River
The Village of El
Portal/Little River
South
"T4-L" General -Urban —
Limited
Low Density Restricted
Commercial
(36 D.U.)
Single Family
(2 units)
East
"T5-R" Urban Center -
Restricted
Medium Density
Multifamily Residential
(65 D.U.)
Railroad
West
"T3-L" Sub -Urban — Limited
Single Family
Residential
(9 D.U.)
Single Family, low
density
The Property is located in a T3 residential neighborhood at the northern boundary of the City of
Miami, along the Little River. The NW 79 Street and NW 82 Street corridor (zoned T4 and T6)
contains a mix of uses in the adjacent area, though the uses are largely medium/higher residential.
A couple blocks to the west is the NE 2 Avenue T6 commercial corridor where there are retail,
food, entertainment, and office establishments. The property is bounded by the Little River to the
north, and the Little River curves southward just to the east of the property, on the other side of
the Florida East Coast Railroad. On the other side of the railroad and the Little River, there are a
few acres of T5 and T6 Zoned properties, containing medium and high -density residential uses
adjacent to a high intensity commercial hub at the intersections of NE 82 Street and NE 79 Street.
D. BACKGROUND
On July 16, 2007, then -owner Little River Plaza LLC, recorded the subject Declaration of
Restrictive Covenants ("the Covenant") in connection with an adopted rezoning (May 24, 2007)
at the Property from R-1 (Single Family Residential) to R-3 (Duplex Residential) under ordinance
11000, the previous Zoning ordinance (Ordinance 12921). The Covenant contains the following
conditions:
a) "Provide one vehicular access from North East Fourth Avenue into an internal drive to the
project and to serve as the access point of all units. If requested by the Fire Department
for the life safety needs of the community, a "break-away"metal exit may be provided for
use by emergency vehicles only.
Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 6
May 2022
Page 6 of 9
NOTICE
This submittal needs tote scheduled for a pub4e hearing
In accoMence wp timelines set forth in the city of
Miami Code. The applicade decision -making body Al
ra iew Ole inbrrnation at the public bearing to render a
reeommendtdon or a final decmon.
PZ-22-14579
06/14/22
b) Provide four (4) units within the affordability range of workforce housing as identified by
Miami -Dade County.
c) Provide a "look-out"to the Little River Canal, which will be submitted to the Oakland Grove
Homeowners Association for design input.
d) Provide a tree mitigation and relocation plan.
e) Provide a sidewalk as part of the project on the east side of NE fourth Avenue
f) Provide the option of the traffic mitigation plan as presented by Richard Garcia and
Associations to be implemented only by and at the request of the Oakland Grove
Homeowners Association.
g) Provide that the subject property shall not seek a change of zoning for a period of ten (10)
years following the adoption date of the change of zoning from R-1 to Single Family
Residential to R-2 Duplex Residential on May 24, 2007."
The Covenant was recorded in the Official Records Book 25862, Pages 3302-3306, of the Public
Records of Miami -Dade County, Florida.
E. ANALYSIS
The Applicant seeks to release of the existing Covenant. Section (4) of the existing covenant entitled
"Modification, Amendment, Release states the Covenant may be released by written instrument
executed by the Owner of the Covenant Property, and with the approval by City Commission, after a
public hearing.
The Applicant, in their letter of intent (LOI) states that the acquisition of the Property by the Pelican
Harbor Seabird Station seeks to replace the existing Covenant with a new Declaration of Restrictive
Covenants that is in line with the intended development of the non-profit organization. The Pelican
Harbor Seabird Station does not seek to develop the Property with residential uses, as envisioned by
the prior owner that recorded this Covenant. Instead, the Pelican Harbor Seabird Station seeks to move
its operations from its current location located on the nearby causeway to this Property. The
development would include an office, wildlife rehabilitation services, and open space preservation,
classified as a Community Facility, as determined by the Zoning Administrator.
Conditions "a","b",and "f"have been found to be irrelevant to the current development given the change
in the intended use of the Property. Additionally, condition "g"has been satisfied given that more than
10 years as gone by since the recording of the Covenant.
Condition "c"provides for public access to the Little River waterfront, which this Applicant has voluntarily
proffered in a proposed Declaration of Restrictive Covenants.
Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 7
May 2022
Page 7 of 9
NOTICE
This submittal needs to be scheduled fora public eeanng
In accordance with timelines set tedit in the city of
Miami Code. The applicable decision -making body will
reWew Ole Information at the public bearing to render a
recommenmdon or a bnal aecNon.
PZ-22-14579
06/14/22
Conditions "d"and "e"will be addressed through the site planning process, regardless of this existing
covenant.
Additionally, the newly proffered Covenant would provide for limitations on uses and capacity on the
Property that would more closely align with the intended development of the Property.
F. COVENANT RELEASE COMMITTEE
The Covenant Release Committee ("Committee") met on May 6, 2022, and reviewed the request to
release the 2007 covenant. After reviewing the application, the Committee recommended approval
of the request to release, as detailed in the attached memo from the Zoning Administrator.
G. CONCLUSION
Based upon the analysis herein and the recommendation from the Covenant Release Committee, the
Planning Department recommends Approval of a full release of the Declaration of Restrictive
Covenants.
X
Jacqueline Ellis
Chief, Land Development
Attachments:
Attachment 1: Declaration of Restrictive Covenants (July 16, 2007) Book 25862, Pages 3302-3306
Attachment 2: Memo from the Zoning Administrator for the Covenant Release Committee
NOTICE
The Final Decision may be appealed by any aggrieved party within fifteen (15) days of the date
of the posting of the decision on the City's website. The filing of an appeal, and payment of
appropriate fee, may be submitted online at https://www.miamigov.com/Services/Solve-a-
Problem/Appeal-a-Warrant-or-a Waiver.
Staff Analysis Report No. PZ-22-14579 — Special Appearance - 399 NE 82 Terr— Page 8
May 2022
Page 8 of 9
Jacqueline Ellis
Chief of Land Development
This sit.. heeds. he scheduled fora public hearing
In accordance wM timetmes set forth In the City of
Miami Code. The applicable decision -making body wall
realewthe Information at the public bearing to render a
recommenda0 on or a final decision.
PZ-22-14579
06/14/22
Page 9 of 9
11111111111111111
PUiC
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OR 8k 258
RECQRDE
HARVEY
MIAliI-D
This instrument prepared by and, when
recorded, should be returned to:
A. Vicky Garcia -Toledo, Esquire
Bilzin Sumberg Baena Price & Axelrod LLP
Suite 2500
200 South Biscayne Boulevard
Miami, Florida 33131
NOTICE
This submittal needs to be scheduled for a public healing
In accordance wiHr timeline set forth in the city of
Miami Code. The applica de decision -making belly will
review the Information at the public hearing to render a
recommendation or a fine) decia on.
PZ-22-14579
06/14/22
RE
v‘"
r Ew C°'
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
The undersigned owner ("Owner") of the real property (the "Property") lying, being and
situated in the City of Miami, Miami -Dade County, Florida, and legally described in Exhibit
"A", which is attached hereto and made a part hereof, and located at:
Street Address: 399 NE 82 Terrace, Miami, Florida
IN ORDER TO ASSURE the City of Miami that the representations made to them by
the Owner in connection with that certain public hearing application for an amendment to the
Miami Comprehensive Neighborhood Plan and that certain public hearing application for an
amendment to the Zoning Atlas andlor Overlay District (collectively, the "Applications") will be
abided by the Owner, its heirs, successors or assigns, freely, voluntarily and without duress,
Owner makes the following Declaration of Restrictive Covenants ("Declaration") covering and
running with the Property:
(1)
The Owner voluntarily proffers the following conditions to the development of
the property:
(a) Provide one vehicular access from North East Fourth Avenue into an
internal drive to the project and to serve as the access point to all units. If
requested by the Fire Department for the life safety needs of the
community, a "break -away" metal exit may be provided for use by
emergency vehicles only.
(b) Provide four (4) units within the affordability range of workforce housing
as identified by Miami -Dade County.
(c) Provide a "look out" to the Little River Canal, which will be submitted to
the Oakland Grove Homeowners Association for design input.
(d) Provide a tree mitigation and relocation plan.
(e) Provide a sidewalk as part of the project on the east side
Avenue.
(f)
(g)
ThIs submittal needs to be scheduled for a public healing
j In accordancewiHrtimellnes set forth in the Cityof
l Miami Code. The apphw de decision -ma king bcdywill
review the Information at the public hearing to render a
recommendation or a final decia on.
Provide the option of the traffic mitigation plan as presented b
Garcia and Associations to be implemented only by and at the requ
the Oakland Grove Homeowners Association.
PZ-22-14579
Provide that the subject property shall not seek a change of zoning for a
period of ten (10) years following the adoption date of the change of
zoning from R-1 to Single Family Residential to R-2 Duplex Residential
on May 24, 2007.
(2) Conditions Precedent. This Declaration shall become final and shall be recorded
in the Public Records of Miami -Dade County, Florida only upon, and is expressly
conditioned upon, the approval by the City Commission of the City of Miami and
expiration of all applicable appeal periods of the Applications pending before the
City Commission.
(3)
Covenant Running with the Land, This Declaration on the part of the Owner
shall constitute a covenant running with the land and shall be recorded in the
public records of Miarni-Dade County, Florida and shall remain in full force and
effect and be binding upon the Owner and its heirs, successors and assigns, until
such time as the same is modified or released. These restrictions shall be for the
benefit of, and limitation upon, all present and future owner(s) of the Property.
(4) Modification, Amendment, Release. This Declaration may be modified,
amended or released (a "modification") as to the Property, or any portion thereof,
by a written instrument executed by the then owner(s) of the Property, or portion
thereof, provided that the same also is approved by the City of Miami, Florida,
after public hearing with, at a minimum, written notice to all property owners
within 500 feet of the Property shown on the Miami -Dade County tax rolls as of
the date of application. Modification of this Declaration shall require the
affirmative approval of a simple majority of the City Commission of the City of
Miami. Any modification, amendment or release shall be in a form acceptable to
the City Attorney.
(5) Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants of this Declaration. This
enforcement provision shall be in addition to any other remedies available at law
or in equity or both.
(6) Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more 'shall neither be
deemed to constitute an election of remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights, remedies or
privileges.
2
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(7) Severability. Invalidation of any one of these covenants, by jud
in no way shall affect any of the other provisions, which shall rem
and effect.
NOTICE
This submittal needs to be scheduled for a public healing
In accordance wiHr timeline set forth in the city of
Miami Code. The applica de decision -making belly will
review the Information at the public hearing to render a
recommendation or a final decia on.
PZ-22-14579
06/14/22
(8) Recording. This Declaration shall be filed of record by the Owner in the p' . 1!
records of Miami -Dade County, Florida at the cost of the Owner as provided in
Section 3 of this Declaration. The Owner shall promptly furnish the Department
of Hearing Boards with a recorded copy of this covenant.
(Signature Page Follows}
3
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PURLIC
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Owner
LITTLE RIVER PLAZA, LLC
Address:
SignAue
efefiC/r /P-Ze /r
Print Name
Address: 5'7/3- *lit/Mei/
14,14/Vrhge,'
STATE OF FLORIDA
isigemfrie ) SS.
COUNTY OF
The foregoing instrument was acknowledged before me this I 2th day of June, 2007 by
KATIA TRAIKOS, as Managing Member of LITTLE RIVER PLAZA, LLC, who is personally
known to me or pnxlueed a valid driver's license as identification.
7/jVf6lk.
Notary Public
Sign Name:
Print Name:
My Commission Expires:
Signed, witnessed, executed and acknowledged this 12th day of June, 2007_
NOTICE
This submittal needs to be scheduled for a public healing
In accordance wiltItmellnes set forth in the City of
Miami Dade. The appLica tie detIsion-rna king body wilL
review the Informahon at the public heanng to render a
recommendation or a fine decia on
<4,
*4-viEw CO'
PZ-22-14579
06/14/22
NICHOLAS D. PERRIS
CornrnI D00349255
Expires 8i27/2008
Bonded dm (800)432-4254
Florida Notary Assn., Inc
OR B-K 25
LAST PAG
PUBLic
„n,
Exhibit "A"
Legal Description
NOTICE
ThIs submittal needs to be scheduled for a public healing
In accordance wiHr timeline set forth in the city of
Miami Code. The applica de decision -making belly will
review the Information at the public hearing to render a
recommendation or a final decia on.
PZ-22-14579
06/14/22
*tinEw GO '
A portion of Lot 19 of "TUTTLES SUBDIVISION", according to the plat thereof
as recorded in Plat Book B, at Page 3, of the Public Records of Miami -Dade
County, Florida, lying South of the South line of the Little River and West of the
Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way,
being more particularly described as follows:
Commence at the Southwest corner of said Lot 19; thence run East, along the
South Line of said Lot 19, for a distance of 162.00 feet to the Point of Beginning of
parcel of land hereinafter to be described; thence continue East, along said South
line of Lot 19, for a distance of 60.00 feet to a point of intersection with the
Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, said
point being a point on curve bearing S. 84° 06' 06" E. to the center of said curve,
having for its elements a Radius of 1960.08 feet and a central angle of 19° 13' 34";
Thence run Northeasterly along the arc of said circular curve, concave to the
Southeast, (also being said Westerly . right-of-way line), for an arc distance of
657.72 feet to a point of tangency of said circular curve (said point bears N. 64° 52'
32" W. from the center of said curve); Thence run N. 25° 07' 28" E. for a distance
of 14 feet, more or less, to the Southerly water's edge of the Little River; Thence
meandering Northwesterly and Westerly, along said Southerly water's edge, for a
distance of 338 feet more or less to a point of intersection with the Easterly line of
Lot 13 of "FLORA DEL RIO", according to the plat thereof as recorded in Plat
Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida;
Thence run S. 00° 08' 06" W., along said Easterly line of Lot 13 and its Southerly
extension, for a distance of 172 feet more or less to the Southeast corner of the
Right -of -Way of N.E. 84th. Street, as shown on recorded plat of "FLORA DEL
RIO", according to the plat thereof as recorded in Plat Book 42, at Page 38, of the
Public Records of Miami -Dade County, Florida; Thence run West, along the
Southerly line of said right-of-way of N.E. 84th. Street, for a distance of 20.00 feet
to a point of intersection with the Easterly Right -of -Way line of N.E. 4th. Avenue,
as shown on said recorded plat of "FLORA DEL RIO"; Thence run S. 00° 08' 06"
W. along said Easterly Right -of -Way line of N.E. 4th. Avenue, for a distance of
692.50 feet to the Point of Beginning. Said described parcel of land lying and
being situated in the City of Miami, Miami -Dade County, Florida.
Property Address: 399 N.E. 82nd Terrace, Miami, Florida.
MIAMI 1265025.3 7678424983
6/04/07 11:57 AM
5
Book25862/Page3308 CFN#20070814994
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating bodywill
renew the Information at the public hearing to render s
recommendation or a final decision.
PZ-22-14579
06/14/22
PU$//
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noriega V, City Manager DATE: June 8, 2022
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applica decision -mating body will
renew the information at the public hearing to render a
recommendation or a final decision.
44,
''VIEW CO
PZ-22-14579
06/14/22
SUBJECT: Release Review Committee
Recommendation for Release of Restrictive
Covenant located at 399 Northeast 82nd Terrace
FROM: Daniel S. Goldberg, Esq.
Director of Zoning / ZoningAdministrator
Goldberg, Digitally signal
Goldberg, Daniel
Daniel Date: 2022.06.08
11:53:57 -04'00'
REFERENCES: PZ-22-13162
ENCLOSURES:
On May 6, 2022, the City of Miami's Release Review Committee ("RRC") recommended
approval by the City Commission of the release of restrictive covenant recorded on August 16,
2008, in Official Records Book 25862, Page 3302 of the Public Records of Miami Dade County,
Florida ("Covenant") against the property located at approximately 399 Northeast 82nd Terrace
("Property"). The Covenant was proffered in connection with a rezoning of the Property under
former zoning Ordinance No. 11000 from the R-1 (single family) to R-3 (multifamily residential)
zoning category approved by the City Commission on May 24, 2007 as Ordinance No. 12921.
The Covenant required the following:
1. That only one vehicular access from Northeast 4th Avenue be permitted except for any
"break -away metal exit" requested by the Fire Department for use by emergency vehicles
only;
2. Four (4) workforce housing units to be provided;
3. A "look out" to the Little River be provided with design input from the Oakland Grove
Homeowners Association;
4. A tree mitigation and relocation plan be provided;
5. Sidewalks be provided on the east side of Northeast 4' Avenue;
6. Provide a certain traffic mitigation plan to be implemented at the request of the Oakland
Grove Homeowners Association; and
7. That the Property not seek a rezoning for ten (10) years.
The RRC recommends approval of a release of the Covenant for the following reasons:
1. The Property is presently seeking a re -zoning from the T3-O Transect Zone to T4-L and
is proffering replacement restrictive covenant under process number PZ-21-10502 that
contemplates a Community Support Facility Use (as defined in Miami 21) with no
dwelling units;
2. Tree mitigation and sidewalks are required per the City Code and Resilience and Public
Works requirements, respectively;
3. In lieu of the "look out", the Property's development would require a waterfront walkway
per Article 3 of Miami 21 along the Little River; and
4. Though additional vehicular access is contemplated for the new Community Support
Facility Use, the proposed Use is far less intense than what could have been constructed
under the former Ordinance No. 11000 R-3 zoning category.
4
PU$//
cc: Dr. Nzeribe Ihekwaba, Ph.D., P.E., Deputy City Manager
Maurice Pons, Building Official
Juvenal Santana, P.E., Director of Resilience and Public Works
Lakisha Hull, AICP, LEED AP BD+C, Director of Planning Department
Robert Santos-Alborna, Director of Code Compliance
A
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -mating bodywlll
renew the information at the public hearing to render a
recommendation or a final decision.
44,
ReVIEW CO'
PZ-22-14579
06/14/22
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Jacqueline Ellis, Chief of Land
Development
Ryan Shedd, Planner II
DATE : May 2, 2022
SUBJECT: 399 NE 82 Ter
Preapplication
Requirement
This submRtal needs to be schedu Led fora public hearing
In accordance whh timelines set forth In the City of
Miami Code. The applicable decision -making body NOR
review the information at the public hearing to render a
reoommendat on or a final declaon.
REFERENCES : PZ-20-6053, PZ-20-6058,
& PZ-21-10502
ENCLOSURES
In connection with the applications for a Rezoning and a Comprehensive Plan Amendment
(PZ-20-6058 and PZ-20-6053 respectively) at 399 NE 82 Ter, Pelican Harbor Seabird
Station Inc., the owner of the property, will be applying for a Special Appearance before the
City Commission in order to release a Declaration of Restrictive Covenants that was
recorded on August 16, 2007 (CFN 2007R0814994).
Per direction from Assistant Director David Snow, the application for a Special Appearance
will not require a Preapplication meeting, as staff and the applicant (through multiple hired
representatives) have met on numerous occasions to discuss the existing and proposed
covenants. As such, this memo shall serve to satisfy the requirement for PZD-6, the
Preapplication Summary Report, as required by the checklists of required documents for
Rezones and Comprehensive Plan Amendments.
Background
The companion applications PZ-20-6053 and PZ-20-6058 were each filed in early 2020 in
order to change the Comprehensive Plan's Future Land Use Designation from Medium
Density Multifamily Residential to Medium Density Restricted Commercial and to Rezone
the Miami 21 Transect from T3-O (Sub -Urban Transect Zone Open) to T4-L (General Urban
Zone Limited) for the property. Additionally, the applicant, through the first representing
attorney, applied for a new Declaration of Restrictive Covenants (PZ-21-10502), with an
awareness of this older covenant recorded on the site.
In February 2022, the applicant changed representation, hiring attorney Melissa Tapanes-
Llahues. At this time, Planning staff met with the applicant and advised that in order to move
forward with applying for the new covenant and bringing the Rezone and Comprehensive
Plan Amendment to hearing, the existing covenant would need to be released.
Subsequently, the applicant has applied for a Release of Declaration of Restrictive
Covenants through the Zoning department (PZ-22-13162) and will now apply for a Special
Appearance in order for the release to be heard by the City Commission, as required by the
existing covenant under the terms for release.
Digitally signed by Shedd,
Shedd, Ryan pyan
ate 2022.05.03
08:50:38 -04'00'
Cc: David Snow, Assistant Director
AERIAL
EPLAN ID: PZ-22-14579
SPECIAL APPEARANCE
ADDRESSES: 399 NE 82 TER
0
125
250
500 Feet
This submittal needs to be scheduled fore public hearing
in accordance with timelines set forth in the City of
Miami Code. The applicable decision -making body will
review the Information at the public hearing to render a
recommendation or a final decision.
PZ-22-14579
06/14/22
FUTURE LAND USE MAP (EXISTING)
EPLAN ID: PZ-22-14579
SPECIAL APPEARANCE
ADDRESSES: 399 NE 82 TER
0
125
250
500 Feet
NE 84TH ST
Single Family
- Residential
NE 82ND-TER
Low Density
Restricted
Commercia
0
NE 82ND ST
Medium Density
Multifamily
Residential
Restricted
Commercial
NOTICE
Thls submittal needs to be scheduled fore public hearing
in accordance with timelines set forth in the City of
Miami Code. The applicable decision -making body will
review the Information at the public hearing to render a
recommendation or a final decision.
PZ-22-14579
06/14/22
MIAMI 21 (EXISTING)
EPLAN ID: PZ-22-14579
SPECIAL APPEARANCE
ADDRESSES: 399 NE 82 TER
0
125
250
500 Feet
This su bmittal. needs to be scheduled fora public hearing
in accordance with timelines set forth in the City of
Miami Cede. The applicable decision -making body will
review the information at the public hearing to render a
recommendation or a fina I decia on.
PZ-22-14579
06/14/22
PLANNING DEPARTMENT
Project Fact Sheet
This document is used to provide a summary for
Planning Department related projects.
PROJECT INFORMATION
Project Name: Pelican Harbor Covenant Release
Project Address: 399 NE 82 TER
APPLICANT INFORMATION
Company Name: Pelican Harbor Seabird Station Inc
Primary Contact: Melissa Tapanes-Llahues
Email: mtapanes@brzoninglaw.com
Secondary Contact: Andreina Espina
Email: aespina@brzoninglaw.com
STAFF RECOMMENDATION/DECISION
Staff recommends approval based on the findings
in the staff report and the Covenant Release
Committee which met on May 6 and recommended
approving the release of the covenant.
Co
0
4-
Q.
4
PURL/
AV
NOTICE
This submittal needs to be scheduled for a puboc hearing
in accordance with timelines set forth in the City of
Miami Code. The applica de decision -making body will
renew Ne information at the pubs hearing to render a
recommendation or a final decision.
44,
''VIEW CO
PZ-22-14579
06/14/22
PLANNING DEPARTMENT INFORMATION
Lead Staff: Ryan Shedd
Principal Division: Comprehensive Planning
Email: rshedd@miamigov.com
PROJECT DESCRIPTION
The applicant is request the release of a Declaration of Restrictive
Covenants which is recorded on the property at 399 NE 82 Terrace.
The covenant was recorded in conjunction with a prior rezoning, the
development program for which never came to be developed. The
applicant now seeks a different rezone in order to develop the
property with a Community Facility to house the new facilities for the
Pelican Harbor Seabird rescue program. The applicant's requests
have support from local stakeholders, including the neighborhood
association.
Webs Link(s):
BOARD REQUIREMENT
n HEPB
n PZAB
n UDRB
n WDRC
n City Commission
n AIPP
Existing Transect Zone(s): T3-O
Existing FLUM(s): Medium Density Multifamily Resided
Commissioner District(s): 5 - Christine King
Department of Human Service Neighborhood Service
Center(s): Little Haiti
Revision Date: 06/15/2021
Department Director: Lakisha Hull, AICP, LEED AP BD+C