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HomeMy WebLinkAboutStaff Analysis and MapsDocuSign Envelope ID: DBD7FBFF-CB2C-41CF-9D40-B2527E4CB177 This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR rodew the information at the public hearing to render a recommendation or a final decld on. PZ-20-8875 05/22/23 City of Miami Planning Departme i* ANALYSIS FOR SPECIAL APPERANCE Staff Analysis Report No. PZ-20-8875 Location 5445 and 5501 Biscayne Boulevard Folio Number 0132180280500 and 0132180280010 Miami 21 Transect "T4-L" — General Urban Transect Zone — Limited "T4-O" — General Urban Transect Zone — Open MCNP Designation Low Density Restricted Commercial and Restricted Commercial Restricted Commercial Commission District 2 — Commission Sabina Covo Commissioner District Office Upper Eastside Planner Vickie Toranzo, Planning Project Manager vtoranzo@miamigov.com Property Owner Sadia Chocron, ROSA 55 MORNINGSIDE LLCRUBEN MATZ TRSMATZ FAMILY TRUST sadychocron@gmail.com Project Representative Ben J. Fernandez, Esq. bfernandez@brzoninglaw.com A. REQUEST Sadia Chocron, ROSA 55 MORNINGSIDE LLCRUBEN MATZ TRSMATZ FAMILY TRUST (the "Applicant"), owner of the properties located at 5445 (the "Property") and 5501 Biscayne Boulevard (the "Abutting Property") (collectively, the "Property"), requests a Special Appearance for a modification of a Declaration of Restrictive Covenants voluntarily proffered as part of a rezone for a portion of the Property. Staff Analysis Report No. PZ-20-8875 5445 and 5501 Biscayne Blvd — Page 1 05/09/22 DocuSign Envelope ID: DBD7FBFF-CB2C-41CF-9D40-B2527E4CB177 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body will rodew the information at the pubdc hearing to render a recommendation or a final decid on. PZ-20-8875 05/22/23 B. RECOMMENDATION The Planning Department recommends Approval with Conditions of the amendment to the Declaration of Restrictive Covenants as proffered by the Applicant and approved by the Miami City Commission. C. BACKGROUND On May 1, 2012, pursuant to HEPB Resolution No. 2012-28, the HEPB approved, with conditions, a Special Certificate of Appropriateness for new construction of two commercial buildings connected by a pedestrian bridge over Northeast 55 Street, and the reconfiguration of Northeast 55 Street as a roundabout with a fountain located at 5501 and 5445 Biscayne Boulevard, located within the Miami Modern / Biscayne Boulevard Historic District ("MiMo"). On September 18, 2013, the Miami Planning, Zoning and Appeals Board ("PZAB"), following an advertised public hearing, adopted Resolution No. PZAB-R-13-040 by a vote of seven to three (7-3), recommending Approval of the requested change in zoning from "T3-O" General Urban Transect Zone — Limited to "T4-O" General Urban Transect Zone — Open. On March 27, 2014, the Miami City Commission adopted Ordinance No. 13443, by a vote of five to zero (5-0), amending Ordinance No. 13144, as amended, by changing the zoning classification for a portion of the Property from "T3-R" Sub -Urban Center Transect Zone — Restricted to "T4-L" General Urban Transect Zone — Limited. As part of the application the Applicant proffered a Declaration of Restrictive Covenants that was accepted by the Miami City Commission. The proffered Declaration of Restrictive Covenants contained the following five restrictions: A. The only T4-L uses permitted on the Property shall be residential uses allowed as a matter of right and as the term "residential uses" is defined by Section 1.1 (a) of the Miami 21 Code and parking to serve the residential uses, as well as commercial parking to serve the abutting T4-O lots to the west. B. There shall be no vehicular ingress from or egress to the T3-R area to the north and the east from the Property. C. A minimum twenty foot (20') set back shall be provided from the Property's east and north property line. Landscaping within this setback area shall include shade trees. Written approval of the landscape plan shall be required by the Planning Department prior to issuance of a building permit. The Owners will maintain all landscaping in a viable condition, at their own expense, for the term of this Covenant. Staff Analysis Report No. PZ-20-8875 5445 and 5501 Biscayne Blvd — Page 2 05/09/22 DocuSign Envelope ID: DBD7FBFF-CB2C-41CF-9D40-B2527E4CB177 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body will rodew the information at the pubdc hearing to render a recommendation or a final decid on. PZ-20-8875 05/22/23 D. The Property shall be developed, within two years of the expiration of the appeal period for appealing the change in zoning classification for this property from T3- R Sub -Urban Zone -Restricted to T4-L General Urban Zone, and in compliance with the plans entitled Morningside Centre, dated 7/24/13. Such plans are acknowledged as being on file with the City and are deemed as being incorporated by reference herein, subject to any Waiver and/or City Commission approval that may be required. E. The Owners further agree to voluntarily knowingly and promptly institute and maintain all applications and attend all hearings to return the Property to its Zoning Classification of T3-R Sub -Urban Zone -Restricted if they have not timely developed the Property within two years as set forth in Section 2 (D) above. The Owners do expressly reserve their ability to develop the Property as allowed by the Miami 21 Code. On November 5, 2019, pursuant to HEPB Resolution No. HEPB-R-19-057, the HEPB approved, with conditions, a Special Certificate of Appropriateness for new construction of two commercial buildings connected by a pedestrian bridge over Northeast 55 Street, and the reconfiguration of Northeast 55 Street as a roundabout with a fountain located at 5501 and 5445 Biscayne Boulevard, located within MiMo. Staff Analysis Report No. PZ-20-8875 5445 and 5501 Biscayne Blvd — Page 3 05/09/22 DocuSign Envelope ID: DBD7FBFF-CB2C-41CF-9D40-B2527E4CB177 This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body will rodew the information at the public hearing to render a recommendation or a final decid on. PZ-20-8875 05/22/23 mum imikt- • Figure 1: Aerial of subject site Staff Analysis Report No. PZ-20-8875 5445 and 5501 Biscayne Blvd — Page 4 05/09/22 DocuSign Envelope ID: DBD7FBFF-CB2C-41CF-9D40-B2527E4CB177 ,co Quetrch�^1w' �4° `11Y f1p� 4.-Gsa 9'Q 4 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the Information al the pubge hearing to render s recommendation or a final decision. J, PZ-20-8875 05/22/23 <C RtV/w CO'ON' NE 56TH ST J•• ',L 55T T5-L ER NE 55T' ST NE SSTIi TER NE SSTH•T€iR TB-8-0 AVNE BLVD NE SSTII TER T4-0 J NE 55TH ST T4-0 T4 NE 53RD ST NE S2ND TER NE 55T 1 ST T3-R NE =SRO ST NE 52ND TIER Figure 2: Miami 21 Designation Staff Analysis Report No. PZ-20-8875 5445 and 5501 Biscayne Blvd — Page 5 05/09/22 DocuSign Envelope ID: DBD7FBFF-CB2C-41CF-9D40-B2527E4CB177 E. ANALYSIS to Puetic h�^1 �o Gsa y Q. NOTICE GI This submittal needs to be scheduled fora pubic hearing In accordance .M1h timelines set forth in the City of Miami Code. The applicade decision -mating body will renew the Information al the pubge hearing to render a recommendation or a final decision. J, PZ-20-8875 05/22/23 <VI Eity CO' The Applicant seeks to amend the Declaration of Restrictive Covenants that was proffered as part of their application for rezoning of the Property. More specifically, they are proffering the following restrictions: A. The only T4-L uses permitted on the Property shall be residential uses allowed as a matter of right and as the term "residential uses" is defined by Section 1.1 (a) of the Miami 21 Code and parking to serve the residential uses, as well as commercial parking to serve the Abutting Property. B. There shall be no vehicular ingress from or egress to the T-3R area to the north and the east from the Property and the Abutting Property. C. Roof top parties on the Abutting Property and the Property must end by midnight and noise must not be audible to the nearest abutting residence. D. All trash from the Abutting Property and the Property shall be maintained in conditioned fully enclosed structures. E. A minimum twenty foot (20') set back shall be provided from the Property's east and north property line. Landscaping within this setback area shall include shade trees. Written approval of the landscape plan shall be required by the Planning Department prior to issuance of a building permit. The Owners will maintain all landscaping in a viable condition, at their own expense, for the term of this Amended Declaration. F. The Property and the Abutting Property shall be developed in substantial compliance with the plans prepared by DB Lewis Architect and MAK WORK, landscape architect, consisting of sixty-two (62) sheets as approved by the Historic Environmental Preservation Board. Such plans are acknowledged as being on file with the City and are deemed as being incorporated by reference herein, subject to any Waiver, Warrant or other zoning approval that may be required. G. The Owner further agrees that these conditions, restrictions and limitations shall be deemed covenants running with the land which shall be recorded in the Public Records of Miami -Dade County within thirty (30) days of acceptance by the City, and that the Owner shall provide the City Department of Hearing Boards with a recorded copy within such time. Staff Analysis Report No. PZ-20-8875 5445 and 5501 Biscayne Blvd — Page 6 05/09/22 DocuSign Envelope ID: DBD7FBFF-CB2C-41CF-9D40-B2527E4CB177 0 PU$l/� � V© `11Y f1p,f 4 c, 0 4- NOTICE This submittal needs to be scheduled fora pubic hearing In accordance .M1h timelines set forth in the City of Miami Code. The applies We decision -mating body will renew the Information at the pubge hearing to render s recommendation or a final decision. PZ-20-8875 05/22/23 44, RSVI EW COO By amending the original recorded Declaration of Restrictive Covenants to remove restriction E. which states, "The Owners further agree to voluntarily knowingly and promptly institute and maintain all applications and attend all hearings to return the Property to its Zoning Classification of T3-R Sub -Urban Zone -Restricted if they have not timely developed the Property within two years as set forth in Section 2 (D) above. The Owners do expressly reserve their ability to develop the Property as allowed by the Miami 21 Code," the proposed project entitled "Morningside Place" can proceed without having to revert to the previous zoning classification. F. CONCLUSION The Planning Department recommends Approval with Conditions of the Amended Declaration of Restrictive Covenants as presented by the Applicant. This modification will allow the project to proceed without having to revert to the previous zoning classification and with a similar development known as "Morningside Place." Conditions: 1.) The site shall be developed in accordance with the plans as prepared by DB Lewis Architect and MAK WORK, landscape architect, consisting of sixty-two (62) sheets submitted as part of application PZ-19-4393. The plans are deemed as being incorporated by reference herein. 2.) All glass shall be clear with the option of Low-E. 3.) All proposed signage shall be open face aluminum channel letters with copper penny finish with white neon like lighting. To eliminate the signage and the roundabout and on both sides of the pedestrian bridge. 4.) All lighting on the exterior of the property and in the parking lot shall be amber in color. 5.) The pedestrian bridge shall be limited to the minimum height permitted by Public Works with no signage. 6.) Environmental Resources shall review and approve paving materials, walls, and gates to ensure they have no impact trees. 7.) The Applicant shall maintain the landscape at the rear of the property that serves as a buffer between the new construction and the residences in the Morningside Historic District. Staff Analysis Report No. PZ-20-8875 5445 and 5501 Biscayne Blvd — Page 7 05/09/22 DocuSign Envelope ID: DBD7FBFF-CB2C-41CF-9D40-B2527E4CB177 0 PU$l/� � V© `11Y f1p,f 4 c, 0 4- NOTICE This submittal needs to be schedu lee fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applies We decision -mating body will renew the Information at the pubge hearing to render s recommendation or a final decision. PZ-20-8875 05/22/23 44, ReVI EW CO ' 8.) All building permits, including any revisions, shall be reviewed and approved by Preservation Staff or when required by the Historic and Environmental Preservation Board. 9.) All site improvements and deviations from the plans referenced in Condition 1 shall be reviewed and approved by Preservation staff or when required by the Historic and Environmental Preservation Board. 10.) The proposed palms and trees within the adjacent right of way or within proximity to any sidewalks shall remain, and the actual species shall be subject to the Environmental Resources Division. 11.) The Applicant shall comply with all applicable requirements of the Miami 21 Code, Chapter 23 and Chapter 17 of the City of Miami Code of Ordinances. 12.) The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 13.) Environmental Resources shall review and approve paving materials, walls, and gates to ensure they have no impact trees. 14.) Valet shall be required for any restaurant/bar uses, prohibiting their use of onsite parking. 15.) There shall be no variation during construction of the materials proffered on the plans presented at this hearing. —DocuSigned by: .35€€�06. 14SF... Lakisha Hull, AICP, LEED AP BD+C Planning Director Staff Analysis Report No. PZ-20-8875 5445 and 5501 Biscayne Blvd — Page 8 05/09/22 DocuSign Envelope ID: DBD7FBFF-CB2C-41CF-9D40-B2527E4CB177 DocuSigned by: 6 Sevanne Steiner, CNU-A, Interim Chief Land Development Assistant Planning Director ,-DocuSigned by: '.) v- Torr,,,yu L_ .EnrzEogn26406 Vickie Toranzo Planning Project Manager This submittal needs to 1p scheduled for a public nearing in accordance with bmellnes set forth in the City of Miami Code.The applica de decision -making body will review the information at the pubc hearing to render a recommendation or a final decision. Staff Analysis Report No. PZ-20-8875 5445 and 5501 Biscayne Blvd — Page 9 05/09/22 AERIAL EPLAN ID: PZ-20-8875 SPECIAL APPEARANCE ADDRESSES: 5445 BISCAYNE BLVD & 5501 BISCAYNE BLVD 0 125 250 500 Feet This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. -file applicable decision -making body will review the Information at the public hearing to render a recommendation or a final decision. PZ-20-8875 05/22/23 MIAMI 21 (EXISTING) EPLAN ID: PZ-20-8875 SPECIAL APPEARANCE ADDRESSES: 5445 BISCAYNE BLVD & 5501 BISCAYNE BLVD 0 125 250 500 Feet ThIs submittal needs to be scheduled for a public hearing In accordance wiHr hmellnee set forth in the City of Miami Code. The applicxde decision -making bodywill review the Information at the public hearing to render a recommendation or a final decision. PZ-20-8875 05/22/23 T4-O NE 55TH TER i II T4-O T4 NE 55TH ST T3 I R NE 53RD ST NE 52ND TER 1- w