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Home My WebLink AboutAnalysis and MapsCity of Miami Planning Department FINAL DECISION REZONE ePlan File ID. PZ-22-15069 Project Location 8032 Northeast 2 Avenue Folio Number 01-3112-002-0011 Miami 21 Transect "CS" Civic Space Zone, "T5-O" Urban Center Zone -Open, and "T6-8-O" Urban Core Zone -Open. MCNP Medium Density Restricted Commercial, Restricted Commercial and Public Parks and Recreation. Commission District District 05 — Commissioner Christine King. Commissioner District Office Little Haiti Planner Claudia M Diaz, Planner I, cldiaz@miamigov.com Project Facility Name Rivercow, LLC. Property Owner Rivercow, LLC, iernandez@bergersingerman.com Project Representative Javier E. Fernandez, Esq. iernandez(a�bergersingerman.com A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, Javier E. Fernandez, Esquirre, on behalf of Rivercow, LLC., ("the Applicant"), requests a change of zoning classification from "CS" Civic Space Zone and "T5-O" Urban Center Transect Zone - Open to"T6-8-O" Urban Core Transect Zone -Open for a portion of the property located at 8032 Northeast 2 Avenue (the "Property"). B. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of the Miami 21 Code, as amended, the Planning Department recommends approval of the requested change in zoning classification from "CS" Final Decision PZ-22-15069 8032 NE 2 Ave — Page 1 06/27/2024 Civic Space Zone and "T5-O" Urban Center Transect Zone -Open to "T6-8-O" Urban Core Transect Zone -Open based upon the facts and findings in this staff analysis. Figure 1 Existing Miami Transect Zone C. BACKGROUND Figure 2 Proposed Miami Transect Zone The Property consists of one (1) parcel located along Northeast 80 Terrace and Northeast 2 Avenue and is approximately 12,900 Square Feet (0.296 acres). It is an irregularly shaped lot reminiscent of an upside down "L." The site has three (3) different Transect Zones within its boundaries. To the eastern most portion of the site, the Applicant proposes to change the existing zoning classifications from" CS" Civic Space Zone, and "T5-O" Urban Center Zone - Open, to a unified "T6-8-O" Urban Core Zone -Open. Due to the multiple transect zones on the site it is important to explain the history of the Property. The History of the Site as follows: On February 20, 1952, the Commission of the City of Miami, pursuant to Ordinance No. 4464, changed the zoning classification or an area of lots on both sides of Northeast 78 Street, between Northeast 2 Avenue and 3 Court (Lots 4 thru 10, Block 1; and Lots 4 thru 13, Block 2, Little River Gardens (4-188) and Lots 1, 2 & 3, J. M. Hunter Addition (7-13), and that portion of unplatted area immediately north of J. M. Hunter Addition now zoned R-4, Apartment -Hotel) Final Decision PZ-22-15069 8032 NE 2 Ave — Page 2 06/27/2024 On January 14, 1952, Resolution No. 2012 recommended denying a requested zoning change for the property from R-4 to B-1 due to its residential character. (Attachment 1) On May 1, 1953, Dobbs Realty Corporation, a Florida Corporation, and Kenmore Corporation, a Florida Corporation have caused to be made the "Dobbs Business Center" (attachment 2) On April 1, 1968, resolution No. 7658 recommended granting a zoning change, from previous Zoning: C-2 (Community Commercial) to C-4 (General Commercial) to the "Little River Gardens Blocks 10-17. (attachment 2) On January 14, 1977, a deed to grant was executed, an ordinance No. 6871 amending the Comprehensive Zoning Ordnance for the City of Miami, by changing the zoning classification for the Property from C-2 (community commercial) to C-4 (General Commercial), On April 1, 1968, the Planning and Zoning Board of the City of Miami passed and adopted the resolution (see attachment 3) In 1979, Under 79-10205 (Parks Department Job No. 7827), The City of Miami approved a design for Little River Community Park. (attachment 4) On November 11, 1998, executed a warranty deed for the subject property to be subject to easements, restrictions, and zoning record. (attachment 5) On April 17, 2020, A resolution was adopted to execute a lease agreement- Rivercow LLC, to Lease "Little River Commerce Park". On November 05, 2020, 8038 Northeast 2 Avenue, presented a rezone application PZ-20- 5966 for the "Royal Palms Gardens" which is their adjacent neighboor to the West. On September 17, 2018, the Property was sold from Michael Weiner, M.D. to Rivercow, LLC. The request for rezoning is made in order to expand redevelopment opportunities for the Property which is housing a one-story multifamily structure, and part of the park that was leased since April 20, 2020, under resolution R-7394, between City Manager on behalf of City of Miami and Rivercow, LLC., as stated in the Attachment 6. According to the Applicant's Letter of Intent dated August 7, 2019, "the multiple designations ascribed to the Property make it potential redevelopment or adaptive reuse extremely challenging. More importantly, such a treatment of the parcel is also inconsistent with the controlling provisions of Miami 21 and City of Miami code of Ordinances, specifically Sect 2.2.5 of Miami 21 and section 55-7 of the City Code. The attendant limitations associated with the City's assignment of multiple Transect Zones designations to the Property may represent an inordinate burden on the Property that may Provide Owner with a cause of action pursuant to the Bert J. Harris Act. "The Applicant did not proffer a covenant or development plans as part of the application. Final Decision PZ-22-15069 8032 NE 2 Ave — Page 3 06/27/2024 ~4 , „y r° - ,E r ,� !7r t , Imagel : View north on Northeast 2 Avenue. The k'> rY Property is located on the left side of the photo. On the left side, is part of akY f L k, �� Y the City Park, and the one story Sag& r.r_{m ter r ; / ...,sue° t $ „��r i y '1"aR s i rt f -fat w,.�"� ' t`, '. exisitng commercial rcial�CEN structure. • Image 2: View East from 80th '." - ' Terrace. The Property is located •a •,: a °' on the left side of '_ > R4� =,', f `` �`' the photo. On the .,'` �e r� aR s right side, is part of ".. -. a redevelopment. 1 From this view we _ - see the park's canopy towards .... _. the left side. .! - _ Final Decision PZ-22-15069 8032 NE 2 Ave — Page 4 06/27/2024 Image 3: View north on Northeast 80th Terrace. The Property is located on the background of photo, behind the "Park." Image 4: View East on Northeast 2 Avenue. The Surrounding Properties to the East property line of the Property. Final Decision PZ-22-15069 8032 NE 2 Ave — Page 5 06/27/2024 Image 5: View South on Northeast 2 Avenue. The towards the new redevelopments and transitions happening in the area. Image 6: View West along Northeast 2 Avenue. The Property is located on the front of the photo. On the left side, with the one story exisitng commercial structure at the left side. Final Decision PZ-22-15069 8032 NE 2 Ave — Page 6 06/27/2024 Image 7. View east along Northeast 80th Terrace. The Property is located on the left side of the photo. All properties that are adjacent to the Property are zoned mostly being rezoned "T6-8-O" Urban Core Transect Zone -Open from some of the "T5-O" Urban Center Zone -Open, original of the area. D. PROJECT DATA AND PROPOSAL Timeline Of zoning history L 1946 1951 1961 1974 B-3 C-2 C-2 9500 P-R, CR-3, CR- 1/7 11000 2024 C-1 /O/C-1 CS, T5-O, T6-8-O Final Decision PZ-22-15069 8032 NE 2 Ave — Page 7 06/27/2024 Figure 3 Aerial Map Final Decision PZ-22-15069 8032 NE 2 Ave — Page 8 06/27/2024 6 z� s � j N - 3 J a C ��i I Or! � r ��a, �.�� w� ,,p1 I aIIiI.. CIS' - ' a a2' ER un 1 5 13 IEII 4R Id 9 H. _ 7 6 S 4 ./0=bed_.., ' : e,' VII r--1 ►_'u p 9 - 12. !/ I ill 'y7 a � I M i f J li M.T/ I5 au I 2 A' -mo 2 i 5 JC I/8 E x R Z IIIiIIIIl1lI! `N _ ez sT.. , ts, '�- ^I8 a ., •s J �,i .'ji/I 9C 2 �11 W Nifill NAM �d e n�`G — re. z. 12 2 5 r ✓i! 7 9 • '� a.dTh 5 E O bC6►'I, r,., S : �.� n,w Lie, Do865 14j O N Q % .� > .. sa a u lyl, _ a lot ia tEw 1 @ ., s • ., 4RR➢EN _. 1 - Mt- - ? :- J rl JS/555 LITTLE sm I I I ViriZ� mm n6To 9 5 • Figure 4, Atlas 1951: zoning of the area- the s'te designates a dual zone and Property outlined in cyan) .1w 1-O..- 1 IOW 4: .4' ' 17 1 L� r— "CR-3/ ^� •r1• R7 ez • I it Figure 7, 9500: 1982 zoning of the area- the site designates a dual zone and Property approximately outlined in cyan Figure 5, Atlas 1961: zoning of the area- the Figure 6, 1974: zoning of the area- the site site designates a dual zone and Property designates a dual zone and Property outlined outlined in cyan) in cyan) Figure 8, 11000: 1990 Zoning Map Property is outlined in cyan. The three colors represent the three transect zones Figure 9, Miami 21: 2009, zoning of the area- the site designates a dual zone and Property approximately outlined in cyan Final Decision PZ-22-15069 8032 NE 2 Ave - Page 9 06/27/2024 SURROUNDING NEIGHBOORHOOD CHARACTERISTICS Miami 21 MCNP / Density Existing Use North T6-8-O" Urban Core ransect Zone- Open Restricted Commercial Du/Acre Sales and Services South "CS" Civic Space "T5-O" Urban Center Transect Zone -Open "T6-8-O" Urban Lore Transect Zone- Open Parks and Recreation Medium Density Restricted Commercial 65 Du/Acre Restricted Commercial 150Du/Acre Municipal Operated Park Sales and Services East "T6-8-O" Urban Core Transect Zone- Open Restricted Commercial 150 d/a Hospitals, Nursing Homes and Adult Congregate Living Quarters West "T6-8-O" Urban Core Transect Zone- Open 3.estricted Commercial 150 Du/Acre Sales and Services Demographics The Property is in Census Tract12086001402, and data as follows: Topic Census Tract: 12086001402 City of Miami Population 5.175 443,665 Total Households 2,369 186,137 Average Household Size 2.18 2.33 Families in Poverty 23.92% 19.99% Home Ownership Rate 18.15% 30.12% Rental Occupancy Rate 81.85% 69.88% Vacant Rate 5.62% 13.35% Median Household Income $31,745 $54,858 Final Decision PZ-22-15069 8032 NE 2 Ave — Page 10 06/27/2024 Topic Census Tract: 12086001402 City of Miami Median Gross Rent $1,156 $1,494 https://www.policymap.com/newmaps/#/(5/24/2024) Miami Comprehensive Neighborhood Plan (MCNP) The application requires a corresponding Future and Use Map (FLUM) amendment. As such the applicant has submitted application No. PZ-22-15068 to amend the existing Future Land Use Map from "Medium Density Multifamily Residential" and "Restricted Commercial" and "Public Parks and Recreation" to " a unified "Restricted Commercial". The proposed Future Land Use (FLUM) designation Restricted Density Restricted Commercial is closely resembling the existing portion of the FLUM designated as `Medium Density Multifamily Residential.' Both designations share a maximum density of sixty-five (65) dwelling units per acre. The `Medium Density Restricted Commercial' designation allows for residential, lodging, and commercial activities, with a maximum floor lot ratio of 6.0 times the net lot area. However, the proposed FLUM designation for the southeast portion, labeled `Public Parks and Recreation,' differs significantly from the proposed `Restricted Commercial' designation. This distinction arises because `dwelling units' are not applicable to the FLUM in this context. Therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-22-15069. Final Decision PZ-22-15069 8032 NE 2 Ave — Page 11 06/27/2024 DCSNAP leD NE 2ND ST Iri��a�m Dr: rs�ll�- lNfs nrr l Comriterie !Public Par and Derrell tin 1 Medium Density Restricted Commercial vE TSM1 `;T 1n41I Famii Reildential Law Den ri[y IRepainted Commercial mayamial_, Nf Figure 10 Existing Future Land Use Map Miami 21 PIP Medium Densltf ReIII ee Ca ieI Figure 11 Proposed Future Land Use Map The Property is triple zoned "CS" Civic Space Zone, "T5-0" Urban Center Zone -Open, and "T6- 8-0" Urban Core Zone -Open. Supported Uses in the "CS" Civic Zone Space Zone is primarily for community -oriented purposes or objectives including those of not -for -profit organizations dedicated to arts and culture, education, recreation, religion, government, and the like. Food service establishments, General Commercial, Open -Air Retail, Community Facility, Recreational Facility, Religious Facility and Educational Uses through entitlement process, Supported Uses in the "T5-0" Urban Center Zone -Open are primarily Residential by Right, with restricted Lodging, Civic, Civic Support, and Education Uses through entitlement process. The Applicant proposes to rezone the Property to "T6-8-0" Urban Core Transect Zone — Open. Below is an excerpt from Article 4, Table 3 of the Miami 21 Code that highlights the differences between the current and proposed zoning classifications. Final Decision PZ-22-15069 8032 NE 2 Ave — Page 12 06/27/2024 TABLE 3 BUILDING FUNCTION: USES T5 T6 0 0 DENSITY (UNIT PER ACRE) 65 150 COMMERCIAL AMUSEMENT RIDE E T6 C 0 CS 65 N/A RESIDENTIAL CO -LIVING R*** SINGLE FAMILY RESIDENCE R COMMUNITY RESIDENCE R TWO FAMILY RESIDENCE R MULTI FAMILY HOUSING R DORMITORY R HOME OFFICE R LIVE - WORK R LODGING BED & BREAKFAST R INN R HOTEL R OFFICE OFFICE R COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. W ENTERTAINMENT ESTABLISHMENT R FOOD SERVICE ESTABLISHMENT R W Final Decision PZ-22-15069 8032 NE 2 Ave — Page 13 06/27/2024 ALCOHOL BEVERAGE SERVICE ESTAB. E GENERAL COMMERCIAL R E MARINE RELATED COMMERCIAL ESTAB. W E OPEN AIR RETAIL W W PLACE OF ASSEMBLY R RECREATIONAL ESTABLISHMENT R AMUSEMENT RIDE E CIVIC COMMUNITY FACILITY W W RECREATIONAL FACILITY R W RELIGIOUS FACILITY R W REGIONAL ACTIVITY COMPLEX E COMMUNITY SUPPORT FACILITY W MARINA W R PUBLIC PARKING W TRANSIT FACILITIES W EDUCATIONAL CHILDCARE W***** E COLLEGE / UNIVERSITY W***** ELEMENTARY SCHOOL W***** LEARNING CENTER R***** E MIDDLE / HIGH SCHOOL W***** SPECIAL TRAINING / VOCATIONAL R***** Final Decision PZ-22-15069 8032 NE 2 Ave — Page 14 06/27/2024 Development Standards T6-8-O BUILDING DISPOSITION BUILDING PLACEMENT LOT OCCUPATION a. Lot Area - With rear vehicular access 5,000 s.f. min.; 40,000 s.f. max. 1,200 s.f. min.; 40,000 s.f. max. b. Lot Width - With rear vehicular access 50 ft min. 16 ft min. c. Lot Coverage 80% - 90% max.*, except where greater lot coverage is approved by Exception from City Commission within TOD area. d. Floor Lot Ratio (FLR) N/A e. Frontage at 70% min. front Setback f. Open Space 10% Lot Area min. g. Density 65 du/ac max. Corner Lot Interior Lot 10 Rill Al 10' min. T L LLI 0' min_►N1 J - 10' min. 0' min. I 0' min.ilia min. ■ A ►11 ►t 1st 2nd 3rd Layer Layer Layer 1st Layer 2Layer 3rd BUILDING SETBACK PARKING PLACEMENT a. Principal Front 10 ft. min. b. Secondary Front c. Side 10 ft. min. 0 ft. min. d. Rear 0 ft. min. e. Abutting Side or Rear T4 6ft 1st through 5th Story 26 ft. min. above the 5th Story, except where lesser setbacks are approved by Exception from City Commission within TOD area. f. Abutting Side or Rear T3 Corner Lot Interior Lot 10% of Lot depth** min. 1st through 2nd Story 26 ft. min. above 2nd Story, except where lesser setbacks are approved by rr- 25 min. 25' min.r---- 1U min. max Layer 2nd &3rd o' min. Layer 0' min. 1st 2nd 3rd Layer Layer layer Final Decision PZ-22-15069 8032 NE 2 Ave — Page 15 06/27/2024 Exception from City Commission within TOD area. BUILDING CONFIGURATION FRONTAGE a. Common Lawn b. Porch & Fence prohibited BUILDING HEIGHT prohibited c. Terrace or L.C. prohibited d. Forecourt permitted e. Stoop f. Shopfront g. Gallery permitted permitted (T5-L and T5-O only) permitted by Special Area Plan h. Arcade permitted by Special Area Plan i. Loggia permitted BUILDING HEIGHT a. Min Height 1 Story (15ft min.) b. Max. Height 5 Stories Final Decision PZ-22-15069 8032 NE 2 Ave — Page 16 06/27/2024 c. Max. Benefit Height • 3 Stories Abutting D1, except when Abutting T3 • 3 Stories within a TOD*** • 3 Stories for lots assembled and platted prior to Miami 21 that are more than 200,000 sq ft.*** • 3 Stories within an Opportunity Zone and a Transit Corridor or TOD Max. Benefit Height Max. Height Min. Height 8 7 6 4-1 5 4 3 2 O'min. ).4 1 ABUTTING SIDE & REAR ALL TRANSECT ZONES EXCEPT T4 & T3 Max. Benefit Height 8 7 26' min. Max. 6 Height 5 Min. Height vlax. Benefit Height 4 3 Max. Height Min. Height 2 6' min. 1 4 ABUTTING SIDE & REAR T4 26' min. 10% of Lot depth ABUTTING SIDE & REAR T3 "10% of Lot depth for Lots more than 120' deep. 6' min. for Lots less than 120' deep. Final Decision PZ-22-15069 8032 NE 2 Ave — Page 17 06/27/2024 * As modified through the Flexible Lot Coverage Program *** Shall be process of Exception in circumstances specified in Section 3.14.1.1 T5-O BUILDING DISPOSITION LOT OCCUPATION a. Lot Area b. Lot Width BUILDING PLACEMENT 5,000 s.f. min.; 40,000 s.f. max. 50 ft min. c. Lot Coverage - 1-8 Stories - Above 8th Story 80% - 90% max.*** 15,000 sf. max. Floorplate for Residential & Lodging n/a for Office & Commercial d. Floor Lot Ratio (FLR) e. F- rontage at front Setback a let 2sf Lays Layer 9rd Layer 5 / 25% additional Public Benefit 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story PARKING PLACEMENT b. Secondary Front c. Side 10 ft. min.; 20 ft. min. above 8th Story 0 ft. min.; 30 ft. min. above 8th Story Final Decision PZ-22-15069 8032 NE 2 Ave — Page 18 06/27/2024 d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story Abutting Side or Rear 6 ft. min. 1st through 5th Story T4 26 ft. min. above 5th Story Abutting Side or Rear T3 10% of Lot depth** min. 1st through 2nd Story 26 ft. min. 3rd through 5th Story 46 ft. min. above 5th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 • 1st .L 25' min. 15' min. 0' min. lot 2nd Wier Leff 3id Lary 4 2nd li 3rd Urytif BUILDING HEIGHT prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-8-L and T6-8-O only) g. Gallery permitted by Special Area Plan P2UTimG silk & HEM Al L ZONES EACEPI Tr 81a 11 11. A&RmNRS&'E BITAR 14 h. Arcade permitted by Special Area Plan 12 MURING SIE&REAR TO N AHUf11N3SGE&REW TR 1111T%of Lotdepm far Lob more men,2m Beep mInforLme I.Re men 10 deep Final Decision PZ-22-15069 8032 NE 2 Ave — Page 19 06/27/2024 i. Loggia permitted BUILDING HEIGHT a. Min. Height b. Max. Height 1 Story (15 ft min.) 8 Stories c. Max. Benefit Height 4 Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 *** As modified through the Flexible Lot Coverage Program Miami 21, 5.7.1 Civic Space Zones (CS) 5.7.1.1 Development in a Civic Space Zone should have a minimum of fifty percent (50%) of its perimeter enfronting a Thoroughfare. Civic Space sites shall be entered directly from a Thoroughfare. 5.7.1.2 Development in Civic Space Zones shall be consistent with the standards in Article 4, Tables 3, 4, and 7. 5.7.1.3 One or more Buildings may be built in each Civic Space. Building floor area shall not exceed twenty-five percent (25%) of the lot area of the Civic Space, and shall support the principal use of the Civic Space. 5.7.1.4 In Civic Spaces, Buildings, Fences and walls shall conform to regulations of the most restrictive Abutting Transect Zone, except as shown by City of Miami's Parks and Public Spaces Master Plan or other master plans adopted by the City Comission. Other adjustments to the regulations shall be approved by process of Exception. 5.7.1.5 Final Decision PZ-22-15069 8032 NE 2 Ave — Page 20 06/27/2024 All Community facility and Recreational Facility Uses shall be government owned or operated only. E. ANALYSIS Criteria 1: Pursuant to Miami 21, Article 7, 7.1.2.8 (f)(1)(a) "The relationship of the proposed amendment of the goals, objectives, and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives, and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations." Goal LU-1: "Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; five (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations." Policy LU-1.2.1 The City defines blighted neighborhoods as areas characterized by the prevalence of older structures with major deficiencies and deterioration, high residential vacancies, widespread abandonment of property, litter, and poor maintenance of real property. Declining neighborhoods are defined as areas characterized by the prevalence of structures having minor deficiencies, a general need for improvements in real property, significant declines in real property values, high vacancy rates in commercial structures and increasing difficulty in obtaining insurance. Neighborhoods threatened with decline are defined as areas characterized by significant but infrequent property maintenance neglect, an aging housing stock, declining property values, general exodus of traditional residents and influx of lower income households. Analysis 1: The Property proposed for Rezone is located within three (3) Future Land use designations, "Medium Density Restricted Commercial", "Restricted Final Decision PZ-22-15069 8032 NE 2 Ave — Page 21 06/27/2024 Commercial" and "Public Parks and Recreation" and three (3) transect zones "CS" Civic Space Zone, "T5-O" Urban Center Zone -Open, and "T6-8-O" Urban Core Zone -Open. It is surrounded by "T6-8-O" Urban Core Zone -Open. The "CS" Civic transect zone, as defined by Miami 21, primarily serves outdoor spaces for community purposes. Article 4, Table 3, Uses, indicates that activities within this zone are more restricted and support community functions such as religious, cultural, environmental, or educational purposes. According to Policy LU-1.1.12, "where feasible and mutually acceptable, schools should be co - located with other facilities such as parks, libraries, and community centers to the extent possible." Historically, the Southeast Property was zoned B-2 and C-2 from 1952 to 1982, allowing primarily commercial uses to serve the residential community as depicted in Figures 4 through 8. Post-1982, the property was designated as P- R, indicating open space for residential use. The owner signed an agreement with the City to lease the space (refer to attachments 4,8). The north property line has consistently been documented as 157 feet, measured from the center of the street, or 122 feet from the sidewalk line, according to all property descriptions on file. However, it is the 122-foot measurement of the south Property line that is currently under scrutiny (see Figures 4 through 8 for reference). As per Historical aerials found in historicalaerial.com, in 1961, a building was in the site, and by 1969 the Property was demolished. The property was then given to the City of Miami to serve as a park. Currently the park is closed, and no portion of this application is rezoning the original dedicated park therefor the Miami Comprehensive Neighborhood Plan's no -net -loss policy does not apply. Final Decision PZ-22-15069 8032 NE 2 Ave — Page 22 06/27/2024 2022 2019 2017 2015 2013 2010 2007 2006 1999 1994 1986 1984 1980 1969 1961 G G" \P5, \P�5 1© COPYRIGHTED MATERIAL COPYRIGHTED MATERIAL © COPYR ,, O - O ©, SRIGHTEOMATERIAL :, COPYRIGHTED MATERIAL " © ximCOPY' COPYR 2022 2019 2017 2015 2013 2010 2007 2006 1999 1994 1986 1984 1980 1969 1961 Figure 12 Historical Aerial The transition from "T5-O" Urban Center Zone -Open and "T6-8-O" Urban Core Zone -Open to the "T6-8-O" Urban Core Transect Zone -Open is designed to broaden the scope of allowable uses. The "T6-O" Urban Core Transect Zone - Open designation promotes denser, mixed -use developments. This reclassification seeks to rejuvenate the neighborhood by introducing a variety of establishments, including entertainment venues, food service businesses, and open-air retail spaces. Such developments are anticipated to create local jobs and improve the variety of shopping options available. Furthermore, the Property's location enhances its potential to serve as a transportation hub, contributing to community improvement. The site is within reach of three bus stop stations: approximately 180 feet from the nearest Route 9 bus stop (at Northeast 2 Avenue and Northeast 82 Street) and the City of Miami Trolley, and 0.1 miles from the Route 79 bus stop (at NE 79th Street and NE 2nd Avenue). Additionally, the Property is situated within the Transit Corridor's Quarter -Mile Radius, promoting a dynamic and connected community where residents can live, work, and play near transit options this is consistent with the Miami Comprehensive Neighborhood Plan (MCNP) policies that state, " The City will encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers. " Finding 1: Consistent for the "CS" civic Transect zone, and consistent with the "T5-O" Urban Center Zone -Open and "T6-8-O" Urban Core Zone -Open. Final Decision PZ-22-15069 8032 NE 2 Ave — Page 23 06/27/2024 Criteria 2: Analysis 2: Pursuant to Miami 21, Article 7, 7.1.2.8 (f)(1)(b): "The need and justification for the proposed change, including changed or changing conditions that make the passage of the change necessary". On April 25, 1979, the construction of Little River Community Park received approval. A portion of the Property (Southeast section) adjacent to the park is currently zoned as "CS" Civic Transect Zone. Historical records from 1951 indicate that the Property was originally zoned `R-4', designated for High -Density Apartment Districts. Prior to the park's establishment, the parcel was zoned B- 1'. According to the plats, (Attachment 1) this lot's north property line extends 122 feet in length. The provided property description, along with data regarding the park's approval, suggests changing conditions that necessitate the proposed rezoning, particularly if it extends beyond the 122-foot boundary of the property's area The area is currently experiencing a period of transformation, with numerous new applications receiving approval. According to Miami 21, Article 7, Section 7.1(c)1): "Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than 40,000 square feet of land area or 200 feet of street frontage on one street." The site in question is currently adjacent to a "T6-8-O" Urban Center Transect Zone — Open on all sides —north, east, west, and south. On November 5, 2020, Qualcon Little River Active Zone Business, LLC, participated in a public hearing regarding this matter. Subsequently, the zoning change was officially approved and adopted on July 28, 2022. This approval marked the transition of the site's classification from a "T5-O" Urban Center Transect Zone — Open to a "T6-8-O" Urban Center Transect Zone — Open On May 1, 2024, the hearing for PZ-23-16912 at 7924 Northeast 2nd Avenue was scheduled but did not proceed due to a lack of quorum. The report recommended approval for the request to change the zoning classification of the property from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open, based on the facts and findings detailed in the staff report. The proposed change in zoning classification aligns with the current development trends and land uses in the immediate area, as well as the intent to rehabilitate the area. Currently, the Southern property is scheduled for a hearing. According to Miami 21, Article 2, Section 2.1.3, the goal of the Transect is to foster coordinated, integrated, and harmonious environments. This is achieved by arranging all elements in a way that supports the unique character of each Final Decision PZ-22-15069 8032 NE 2 Ave — Page 24 06/27/2024 location. Within the urban context spectrum, each location type, or Transect Zone, has a specific development function, intensity, and character suited to its environment and integrated with the public realm's details. The Miami 21 Code ensures this integration by regulating lot development and setting guidelines for public rights -of -way detailing. For example, suburban neighborhoods typically feature narrow streets with open swales, whereas commercial areas in denser urban settings have wider streets lined with trees. This section highlights the importance of redeveloping well -designed, mixed -use neighborhoods to foster a variety of walkable, cohesive spaces. It is crucial for development proposals to include measures that mitigate roadway impacts and uphold acceptable standards. Begin 165 feet. South of Northeast corner of SE 1/4 of SE 1/4 of NE 1/4 of Section 12, Townahip 53 South Range 41 East, thence run Westerly parallel to the North line of said SE 1/4 of SE 1/4 of NE 1/4 of said Section 12 for distance of-157 feet to a point; thence ruri Southerly parallel to the East line of NE 1./4 of said Section 12 for a distance of 61.60 feet to a point that is 15 feet North of the centerline of N.E. 80th Terrace; thence run Easterly parallel to the North line of the SE 1./4 of the SE 1/4 of the NE 1/4 of said Section 12 ► and 15 feet North of and parallel to the centerline of N. E. 90th Terrace for distance of 157 feet to the East line of the NE 1/4 of said Section 12$ thence run Northerly along the East line of the NE 1/4 of said Section 12 for 61.60 feet to the Point of'' Beginning; Les the East 15 feet which have been dedi- cated on record for Street; and Subject to the use at Present Time of any of said property by the City of lwiiaflti, Florida, for Streets or Sidewalks. Together with im- provements thereon. Figure 13 January 14, 1977, Park Property Description -Deed Begin at the Southeast corner of Tract A North 60 feet west 172 feet South 111.6 feet East 50 feet North 51.6 feet East 122 feet to the Point of segtn- ning, DOBBS BUSINESS CENTER, according to the Plat thereof, as recorded in Plat Book 53, at Page 73 of the Public Records of Miami -Dade County, Flarada. Figure 14 November 11, 1998, Park Property Description, Deed Final Decision PZ-22-15069 8032 NE 2 Ave - Page 25 06/27/2024 LESS AND EXCEPT FOR NE 82D2 STREET RIGHT OF WAYBYPB. 71, PG 83 — — — — — LOT5, BLOCK 0 P.B.8 PG B RI 8 LOT7, BLOCK7 PENT, PG 71 SET 5'B' IRON ROD AND CAP 'PINNACLE 8218' N89° 02' 45"E 76.96' PARCEL TRACT "Er P.B.53, PG73 BASS OF BEARINGS PARCEL LOT8, BLOCK7 P.B. 7. PG 71 PIAUED r Loru:E PLATTED A TOT LINE PARCEL 1 P.8.83, .5" 3, PG73 NE 82 nd STREET PAGE AVENUE (P.D.. 7, PG 71) VARIER RIGHT- -OF-WAY ASPHALT ROADWAY ZONING: T5-0 I MEDIUM DENSITY RESTRICTED 62,102t SQ.FT. PARCEL 2 LOT 2, BLOCK 9 P.B. B. PG8 Sk9° OT 0TW 277.56' 1[ PLATTED or LINE PARCEL LOT4, BLOCK II P.B. 7, PG 71 I GROSS LAND AREA 94289.48 SQUARE FEET 2.185 ACRES N89° 5453"E 191,98 30 MONT#-WAY ASPHALT ROADWAY NE 801h TERRACE PPPRO%. ZONING LIMITS NORTH RICH WAY BOUND, NE 805 TERF EASTERLY a; BOUNDARY OF • TRACT'A' OF I� tY06 z 1,109" 56' 53'E 50L4p MOST SOUTHERLY BOUNDARY OF TRACT 'A" PARCEL 1 LOT 1. BLOCK P.B. 7. PG71 PARCEL 1 LOT BLOCK7 P.B.7, PG 71 PARCEL LOT 3. BLOCK P.B. 7, PG 71 PIATTEO LOT LINE PARCEL1 TRACT'A' P.B.53, PG73 ZONING: T6-8-0/ RESTRICTED COMMERCIAL 32,187t SOFT. LINE PARALLEL TO THE / SOUTHERLY BOUNDARY OF TRACT "A" 89° 54' 53'W 172.00' N45° 08' 4 16.28' N89° 54' 53'E 2.00' 351 Q w z WEST MONT OF WAY BOUNDARY CF LNE 2M AVENUE POF OT TRD EXCEPT P. REMAINDER 'P)B.53. PG T3 (N (NOT INCLUDED) M0.5T 2 PO.B EASTERLY_ OF THE BWNDARYOF �I LESSOUT PLATTED N89°54'S3"E 1220U TRPCT'A V/ ER LOTLINE SOUTHERLY 10UNOARY OF TRACT '�OF TRACT'A' OF TRACT 'A' J Figure 15 PZ-20-6966 Survey Finding 2: Consistent Criteria 3: Pursuant to Miami 21, Article 7, Section 7.1.2.8 (f)(2) "A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhood and to provide transition in intensity and Building Height." Final Decision PZ-22-15069 8032 NE 2 Ave — Page 26 06/27/2024 Analysis 3: The proposal to change the zoning classification from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open aims to broaden permissible uses within the area. The property to the South of the Property is six (6) stories height, and in about 493'-0" Liner feet, a fourteen (14) stories building is located to the South of the Property. All other developments are one to three (3) stories Height. Specifically, transitioning to "T6-8-O" Urban Core Transect Zone — Open classification enables a diverse use of mixed -use activities. This adjustment, however, affects the area's density, which will increase to 150 dwelling units per acre, alter the maximum allowable building height, which will be restricted eight (8) stories, where eight Story maximum, bonus to twelve (12) Stories, FLR 5; bonus of twenty-five percent (25%) stories. This zoning amendment aims to redefine the boundary between the "T5-O" Urban Center Transect Zone — Open zones while preserving the unique character of the neighborhood. In addition, the property is surrounded by "T6-8- 0" Urban Core Transect Zone — Open to its north, east, and south, effectively integrating it more seamlessly into the surrounding urban environment. This strategic rezoning effort reflects a commitment to enhancing the area's flexibility and diversity of uses, ensuring it can accommodate a wide range of activities without compromising its architectural or community character. Miami 21 is silent on the successional rezoning of "CS" Civic Space. However, in Article 5, Section 5.7.1.4., states, "In Civic Spaces, Buildings, Fences and walls shall conform to regulations of the most restrictive Abutting Transect Zone, except as shown by City of Miami's Parks and Public Spaces Master Plan or other master plans adopted by the City Commission." This indicates that the appropriate successional zoning district in terms development regulation would be the strictest abutting transect zone or in this case "T8-0" Urban Core Transect Zone — Open. Finding 3: In accordance with Article 7, Section 7.1.2.8.(f)(2) of Miami 21 Code, the requested change in zoning is consistent. A. CONCLUSION Based on the Planning staff's analysis of the surrounding context, the Miami 21 Code, and the goals and objectives of Miami 21 and the Miami Comprehensive Neighborhood Plan, the request to rezone the Property from the "CS" Civic Space Zone, "T5-0" Urban Center Zone - Open, and "T6-8-0" Urban Core Zone -Open to the "T6-8-0" Urban Core Transect Zone -Open Final Decision PZ-22-15069 8032 NE 2 Ave — Page 27 06/27/2024 is partly justified. The rezone from "T5-O" Urban Center Zone -Open and "T6-8-O" Urban Core Zone -Open to "T6-8-O" Urban Core Transect Zone -Open aligns with the Miami 21 Code. However, rezoning the Property from the "CS" Civic Space Zone to the "T6-8-O" Urban Core Transect Zone -Open does not comply with Miami 21. Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, and the aforementioned findings, the Planning Department recommends Approval of the requested change of zoning from "CS" Civic Space Zone, to T6-8-O" Urban Core Transect Zone - Open., and Approval to "T5-O" Urban Center Zone -Open, "T6-8-O" Urban Core Zone - Open to "T6-8-O" Urban Core Transect Zone - Open. cV DocuSigned by: OLVAi, S. I/L.Ow 77 D.&1..5A aC-48�18.6 David Snow Interim Planning Director �- DocuSigned by: Sf6IALr 3A75CAC5AF7E446... Sevanne Steiner, CNU-A Assistant Director DocuSigned by: 62086FD83C5A402... Claudia Diaz Planner I Attachments: Attachment 1 - R04464 Attachment 2 - Plats Attachment 3 - R7658 Attachment 4 - Park -Deed 1977 Attachment 5 - 1953 -Dobbs Deed Attachment 6 - R-20-0144 Park Lease Final Decision PZ-22-15069 8032 NE 2 Ave — Page 28 06/27/2024 r 4.•••• ATTACHMENT 1 ORDINANCE N0. 4464 AN ORDINANCE AMENDING ORDINANCE N0. 1682, OTHERWISE KNOWN AS THE OhN RAL 'LCIiING ORDINANCE G OF THE CITY OF MIAMI; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICA- TION FOR AN Ai0fh O1'' LOTS ON BOTH SIDES OF NE 78T:I ST. BETWEEII NE 2ND i`.VE. AND 3RD CT. (LOTS 4THRU 10, BLOCK 1; AND LOTS 4 iliiU 13, BLOCK 2, LIT`l'LE JIVER GARDENS (4-186) AND LOTS 1, 2 5: 3, J. i . HUNTER ADDITION (7- 13), AND THAT PORTION OF UNPLATTED AREA IMMEDIATELY NORTH OF J. M. RUTTER ADDI.TION i10i9 ZONED ii-4, APART-. Mili'l'-11UTEL) FROM '•i4 14-4 To r1 -13-1 ;;0NIilG CLASSIFICA- TION; AND RPEALTEG ALL LAiNS IN CONFLICT WH:i3 AS, the i _t;; PlannIn: Board of id:i.am:. at its meeting held Jan- uary 14, 19 2, ry iiesclution ;1o. 2u12 recommended the denial of the zen .ns than::e as hercinaft :r set forth; NOW, 'T'il FJ.iI , i3 IT ORDAINED BY THE CUi4IiISZI04 OF THE CITY OF i':IAMI, 1'LOAIJ:t: Section 1. That Ordinance No. 1662, otherwise known as the General Zonin Ord'.nance of tie City of Miami_, is hereby amended in so far as t11e foi1owin'I descrioedsituated In Miami, Dade Count;;, Florida, :s concerned: An area of lots On b)th sides of NE Toth Street between N_ 2nd Avenue and 3rd Court (Lots 4 thru 10, Block 1; and Lots 4 tilru 13, Block 2, Little 4V.ver Gardens (4-168) and Lots 1, 2 and 3, J. N. Hunter Adci::.ti n (7-13), and that portion of iInpiattcd ar,;a :_rru,:ediatel;y north of J. A. Hunter Addition now zoned R-4, a+'ar nont-ilotei) TO PROVIDE: The IAN:sent :R-4 zon n;� :lassifi cat .011 now a; plicablc to the above dcscrIbed 1%ro eriy :is hereby Cila21ed to B-1 zoning Class_1"' ca i:_ 0'il. Sect..cn 2. 2.1_t all laws, or , uria of laws, in conflict herewith be, and t::C saree are, .i•3 I'a 0" %s1Cd In so fa2 i:3 there Is CJ11_1_C t. S!) en f'.rot 1'cod'n by title only t?I s bt1: day of February, 1952. `t `. SED l:i';i) :.J0l' 3:.D on oecend and. f . n: .. ro d „; 20t.1 day of 1''eb•- ATTEST: -CITY vLi'stiir . • k AO. • ORDINANCE NO. 4464 AN ORDINANCE AMENDING ORDIi;MrC.; NO. 13d2, OTHERWISi KNOWN AS THE GENERAL ZONING ORDINANCE OF THE CITT'Y OF MIAIfI; TO PROVIDE FOR Al CHANGE I',d ZONING CLASSIFICA- TION FOR AN AREA 0F LOTS ON BOTH SIDES OF NE 78TH ST. BETWEEN Nil 2ND AVE. AND 3Ri) CT. (LOTS 4Ti'ii{U 1G, BLOCK 1; AND LOTS 4 Ti{i3U 13, BLOCK 2, LITTLE RIVER GARDENS (4-186) AND LOTS 1, 2 :: 3, J. M. iiUidTER !ADDITION (7- 13) , AND THAT PORTION OF UNPL^.TTED AREA IMNiib:i)IATBI,Y NORTH OF J. M. HUNTER ADDIi'IoN NOW 6Ofi;:i4 ii-4, APART- N:'.1V'.L'- i 1EL) FROM i U t B-1 ZONING CLASSIFICA- TION; AND A3PEALIi`.G ALL LAWS IN CONFLICT WHEREAS, the 2lairnin Bo rd of Miami. at its meeting held Jan- uary 14, 192, .tesccluticn : o. 2612 recommended the denial of the zon'_n; cane as iioi'cinaft.r sat fo24tt; NOW, Tii:s. _SFJA. , 13 ; 12 ORDAINED .3Y T;L COMEI$2ION OF Ti-iE CI`1Y OF MIAMI, FLORIDA: Section 1. That Ordinance Ko. luo2, otherwise Known as the General i;OlinL. Ordinance of tcie City of Ina 1 , is nereby amended In s0 far as the following descriued i ror0:.'t, situated in 1•Iialai, Dade County, Florida, s concerned: An area of lots on both sides of NE Toth Street between NE 2nd Avenue ajici 3rd Court (Lots 4 thru 10, Block 1; and Lots 4 thru 13, Block 2, Little ;i- ver Gardens (4-lu6) and Lots 1, 2 and 3, J. E. Hunter Addition (7-13), alld that >or tion of unoiatted area immediately ner:;n of J. i. Hunter Addition now zoned ,j-4, acar traent-tiotc1) TO PROVIDE: The present N-4 zon.`.nii classification now a.:pii cable to the above described ro rty is hereby cuan�ed to B-1 zonin1; c la s si i ' ea iN oil . eci,'_an 2. _ al awws, or _i'ts cf laws, in conflict herewith be, and t:._ saL;c are are, .;ereb: re led in so 2a: .-s there 13 co'nil:ct. ,'..S'.__,D c'n 1' rst j iti':of o_. i'c:.i Ci'.ri, u'- only t:iaS pt:: cloy February, �J2• PASSED LDC_) `�i. second and final ..'c:: iln„ tN' s 20t l day of 1'eo- rual ATTEST: MIAMI DADA' NEWS Published Daily Miami, Dade County. Florida STATE OF Fi.ORIDA, COUNTY OF DADE: Before the undersigned authority personally appearediaCOb Booth who on oath says that he is Controller of the Miami Daily News, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement, bLing . A9ttcein the matter of zoninE change near Little River Gardens — Ord. No. 44E4 in the. Court, was published in said newspaper in the issues of February 7, 1952 Affiant further say that the said Miami Daily News is a newspaper published at Miami, in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida. each day and has been entered as second class mail matter at the postoffice in Miami, in said Dade County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertise- ment; and affiant further says that he has neither paid nnr promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise- ment for publication in the said newspaper. Sworn to and subscribed before me this 29t11, day of ...FelarioxY . A D. l,9 52 Seal .. n , .1J ',,..ct' .' ..-.tWe ..x:?2 .. . Notary Public Nc+cr. r„b'•c `.•Q't r'o.ldo of tom. M, corr--.*5 on c.p,rF Mor 15, 1955. Bonded by Amencon Surety Co. of N. Y. LEGAL NOTIC1! Aft latereeted will take Miele that the ecommtee%n of theDCitynetiMt- sett. Florida. adopted in 0 0(0100e entitled — AN ORDINANCE AMENDING ORDINANCE NO. 1602. OTHER- WISE KNOWN AS 'IRE GENER• • AL ZONING ORDINAN .E CT THE CITY OF MIAMI: TO PRO- VIDE SCwwON INCLASIFIATIN TOR AREA OF LOTS ON BOTH SIDES OF NE 10TH ST. BE- TWEEN NE 2ND AVE, AND 3RD CT. (LOTS 4 TAM) 10 BLOCK 1• AND LOTS 1 THRtf GARDENS (4 166)I AND LOTS 11.. 2 & 3. J. M. HUNTER ADDI- TION (7.13). AND TEAT POR- TION OF UNPLATTED AREA IMMEDIATELY NORTH OF J. M. HUNTER ADDITION NOW ZONED R•4. APARTMENT•HO- r TEL) FROM AN R4 TO A 13.1 ZONING CLASSIFICATION: AND ,REPEALING ALL LAWS IN CONFLICT which is designated Ordinance No. 1464. ggRE L. }� F. CITY OCLER • THE CITY OP MIAMI, FLORIDA NOTICE OP INTENTION TO APPEAR BEFORE THE CITY COMMISSION ****************** CITY cantonal c;:TIN,:3 OF FEB 6 1952 1$ Num 2 Ri PikINK The undersigned January 17th, 1952 Tel 7-2795 John L. Manny will appear before the City Commission at the meeting to be held f$bruary 6th, 1952 in reference to NOTICE APPEAL OF PLANNING BOARD'S DECISION for Change of ZONING CLASSIFICATION for Lots 4 thru 10, Block 1; Lot3 4 thru 13, Block 2, LITTLE RIVER GARDENS and Lots 1, 2 and 3, J. M. HUNTER ADDITION, from R-4 to B-1. (N. E. 78th Street (both sides) between N. E. 2nd Avenue and 3rd Court. ) (41 l Applicant (The Commission will hear all who have constructive business with the Commission on City affairs.) • .TANK F. STEARNS Di.ctor • SacifiNn ri � � • THE CITY Play 4s- City of r, r'r tlrir /11i111tt��t r Honorable City Commission, Attention Mr. J. rr Watson, City Manager, City of Miami, Fla. Re; Gentlemen: i NC BOARD 1oriita u: iCE Robert R. Williams Chairmen Andre* J. Lee Viee-ChelrNen C. A. Avant Ivy T. Blount E. W. Carlson J. A. Frazel Gerold R. Green OF CITY illANAGER ,hn D. Noble hllAlfl, f LA. ECEIVED . JAN 2 3 Jai uary 23 DEUTAL - CHANGE OF ZONING CLASSIFICATION Lots 4 thru 10, Block 1; Lots Lt thru 13, Block 2, Little River Gardens and Lots 1, 2 c 3, J. M. Hunter Addition. illiam Singer 1952 The City Flanninr. Board of Miami at its meeting of January llt, 1952, considered the petition of John L. Manny et al, for change of zoning classification from R-4 to B-1 for Lots 4 thru 1U, Block 1; Lots 4 thru 13, Block 2, Little River Gardens and Lots 1, 2 & 3, J. M. Hunter Addition being located on i-oth sides of N. E. 78th Street between N. E. 2nd Avenue and 3rd Court. This application for change of zoning classification was recommended to be denied because: (1) the area is residential in character excepting for certain portions that are nowus:d for parkint purposes and (2) there is more than sufficient area zoned for business in Little diver area to provide for all present and future commercial needs; (3) this area is more needed for parking to provide for maintenance of values of existing commercial buildings alon=; N. E. 2nd Avenue and 79th Street. Therefore, the Board by its resolution No. 2812 unanimously recommended that this petition be denied. List of owners of property showing three (3) objectors is attached hereto also map of the area. /Mk Att'd 2 Very truly y5)4,5s, / Frank F. Stearns, Director -Secretary of the Board i 1 M 1 1 1 1 M LITTLE RIVER GARb8N8•L.4 thru 10,91.1 & 4 thru 13,151.2 J. M. HUNTER'S ADD.AMENDED - Lots 1.2-5 PUBLIC HEARING- JANUARY 14, 1952 Legal Description Owner Area proposed fo`r Resonina LITTLE RIVER CARDEVS Block 1 -- *tots 4 & 5 (N50 t ) 4P 4 & 5 (350 9 of N1001 ) " 6 & L.5(less N1009) 7 & 8 --� 9 -` 10 Block 2 Lots 4 & 5(N 102 ') Bertram Meldrum -_w 4 & 5(N 729 of g 122')Buttler Kenny 4 & 5(850') Dr. M. C. Grainger (Waiver by 6 do E20 ' Lot 7 eM 7(W301 of N124 9) & w E10 ' of N124 9 L.8 7 (W30' of 3100 9) & ''E10' of S1009 Lot 8 8(W40 ' ) ." 9(N124') 9(81001) -.—+f" 10 (N 124 9 ) " 10 51009) ._ _ n • " w. J. Cunningham Albert Schmitt North Miami Holding Vada Abplanalp Sylvester Oramose Geo. B. Lampher I. Ff. Libby Alfred Torres Wm. H. Etzler Alfred Torres Wm. E. Smith Albert Foley Meal Anna Christens Jas. R. Wood John B. Walsh 11 (Applicant et al) John L. Manny 12(N 1349) Florins Jones 12(390f) & S 1129 L.13 Henry Petrognani e" 13(N 1129) Ernest L. Cripe Address 7631 N. E. 3rd Ave, 321 N.E. 78th 8t. 00.,Ino.(H.B.Adkinson,Treas.) 41 N.W. 70th St. 2255 N.W. 85th St. 275 N.E. 78th at. 267 N.E. 78th St. Vox 538,Lavallette,N.J. 7712 N.E. 3rd Ct. 439 N. 9th St., Terre Haute, Ind. 7937 N.E. 2nd Ave.) 304 N.B. 76th at. 292 N.E. 78th 280 N.E. 78th at. 276 N.F. 78th St. 271 N.S. 77th at. 268 N.E. 78th St. 269 N.E. 77th at. 260 N.S. 78th at. 252 N.E. 78th St. 410 N.W. 107th St. Miami shores 244 N.E. 78th 8t. J. M. HUNTER'S ADD.AM NDED - —slot 1 Ruth F. & Lillian Christen& 261 N E. 78th at. —Lots 2 & 3 & portion of Little River Investments,Ino.,C/o Frank J.Pepper, unplatted Tr.on th N(zoned R-4) 625 Ingraham Bldg. LITTLE RIVER GARDENS Block 1 Lots 1-2-3 Block 2 --Lot 1 Lots 2 & 3(N 1149) • 2 & 3(3509 of N1649) 2 & 3 (860 1 ) Area within 375' Radius Geo. H. Gordon 345 N.E. 78th St. Johee Havenstreet 340 N.E. 78th St. W.Willaford,E.Grady Powell & P. Morris, C/o E.Grady Powell,Bla oayne Bldg. Wm. T. Cos 2431 N.W. 65th St. Mrs. Mary Wein 7701 N.S. 3rd Ct. } c 0 t • LITTLE RIVER GARDINS & 1. M. BUNTER'S ADD. Earl M. look Mrs. Wolter M. Robider Mrs. Wm. Wolfe 5mitg Mrs. Jennie Lincoln G. N. Gordon Lanai 236 N.S. 78th 8t. 195 N.B. 77th St. 183 N.E. 80th Ter. 379 N.E. 78th 5t. G. H. Gordon Mrs. Agnes Bannister 360 N.E. 78th St. Carl R. Davol 350 N.E. 78th Bt. " 6 (8 124 1) Mrs. Margaret N. Clarke 351 N.B. 77th St. Lot or Tr. A (39-9W) Henry Cobbs P.O.Box 1, Miami 38 J. M. HUNTER'S ADD.AMENDED Lots 4-5-5-7 UNPLATTED TRACTS Beg. at NW Cor. of SW Sea. 7-53-42,E 111',865', W 1111, N 65' Beg. 291 8 & 1111 ICof ISM Cor. of SW*,E10' ,836' , W10',N 36' Beg. 6518 & 33' E of NW Cor. 8W},E88 ',850 ' , 350',856',W138',N106t Beg. 12111 of NWCor . of SW*,E50',8115',W50',N115' J. W. Spivey Beg.171 ' E of NW Cor.of SW* R60'1,8 171',W600,N1711 Llbert 0. Fader Beg.231' E of NW Cor.of BWk, S 1461,S 171w,W 1451,N 17111 Little River & Beg 171'8 & 1831 B of NW Cor. Investments,Ino. of SWt,E 233,,5 104',W233',N104' Be g.416' E & 151 8 of NW Cor.of SWI. E501,S 156r 1:9 501,N 156';& Beg.376'E & 151S of 1 Cor.of SW -LE 401,9 1561, M40 ' , N156 ' Margaret M. 16+17.18 19 Block 3 Lot 3 " 4 Blook4 34 " 5 " 6(N100') Little River Hardware Co. 7811 N.E. 2nd Nellie E. Henson Myreon Mooney Mrs. scary Basalyga Yarborough Miami Ave. 7750 N.W. Miami Pl. 241 N.E. 82nd St. 1152 N.W. 2nd 8t: 261 N.E. 82nd. St. 300 N.B. 91st Bt. 9957 N.E. 4th Ave., Shores Beg.466'E of NW Cor.of SW+, The N.T.Rude Poet No.1, Att.PH.J.Patterson, E50',S 171',W50',N 1711 Veterans of Foreign Wars 274 N.E. 79th 5t. Be g.516' E of NW Cor.of SW, 3501,8 171',W50',1171' Gamble Hardware Co. 3311 N.W. 17th Awe. • • LITTLE RIVER GARDENS & J. K. HUNT1itoS ADD•AN I*D g. o NY/ Cor.of 8W , E50',S 171',W50',N171t *e. Ethel M. Sauk Beg.616' E of NW Cor.of NW4,B581,9171',W551,N171r W. G. Buchanan Beg/672' E & 15'6 of NW Cor. Franois L. Fidler of SW',B100',3150',W100',N150' Beg.171' 1 of NW Cor.of &wt., E 183',S 26',W 1831,N 28' A. T. Wright Beg.197 ' 3 of NW Cor.of SW*, E 183' ,S 28' ,W183' ,N28' Beg.225' 8 of Nw Cor.of Sty-;, E 183' , S 50 ' , W183' , N50' Beg.1046' S of NW0or. of 814, S 171',W241.63',N171',E241.63' S. $. Bartlett 8500 N.E. 10th Ave. Roy R. Norton Knight Hardware & Paint Co. A4drerr, 742 X.K. 63rd St. Metropolitan Bk.81dt., Washington, D.C. 320 N.E. 79th Bt. 41 N.B. 79th St. ROGERS SUB. -r'ot 1(N63.67'),N13.67' L.3 & L.4 1(586.33'),L.2 & 336.33' L.3 " 5 (&6) TUTTLE StJB.NW" SEC. 7 288' of W234' (less N 166') Sam Goldberg N166' of E88' of W254' E50' of W304 ' & W35' of S180'& W38' of N 150'of E73' of W377' E38 0 of 3180' & E35' of N150' of E73' of W377' E62' of W439 1 E62' of W501' of WiL.22 j & L.5 & 6 & S12' L.4,B1.4, HUSKEY'S SUB. HtTSKEY' S SUB. Block 3 - Lot 7 tot 8 " 10&WiLot 11 11(Ej) & Lot 12 Henry B. Amman Magwood Heirs Mrs.Bthel M. Haik Mrs. Emily Allen 7823 N .R. 2nd Ave. 1461 5.L 8t St. Mrs.Rose E.Finoh 183 N.E.82nd Ter. Baling Corp. C/o M. & Sterling F.Lavine, 6301 Pine Tree Dr.,I.B. Rosetta Theatre,Ino.,C/o Wometoo Theatres, 306 N.Miami Ave. 8034 Indian Creek Dr.,M•1. 7949 N.E.2nd Ave. 239 N.E.79th st. 269 N.B. 79th St. Carl Dupuis 259 N.E. 79th St. Alfred Huskey 7936 E S d Andrew Urbsaitis 8814 Carlyle Ave.,Surfside Mrs. Ethel M. Rauk Spruill Holding Co. c/o W.E. 3pruill,Jr. 499 N.B. 64th St. The Texas Co. Mao Arthur Causeway,Miami Beath (99 Yr.Leas• to M.Elizabeth Flood;51 N.E DIXIE HIGHWAY PARE ?look I tot 1(W100' ) Lots 1 & 2 (less W100 0) Lot 2(N of W100') ""`" 2(S of W100' ) u 3&N4Lot 4 4(Si) ▪ 6 " 7(854') " 7(N 52.251) Block 2 LoLoi1&2 Lot 3 " 4 n " LITTLE RIVER GARDBNS & J.M.HUNTBR 8 ADD.AMENDASD iligipigerip ion Qwner, Address SQB.• Block 2 Lots 3 & 4 Alfred J. Make; C/o Jeanne .79th 546-7-8 9 " 10 --" 11&12 Block 3 s k 2 Lot &10 ▪ 4 & 9 ""'*: 5&6 M 7 & 8 11 12 COMMERCIAL LITTLE RIVER Lots 13 & 14 • 15&16 " N u t M u u e " " 17 & 18 19-20-21 & Ni L.22 22(0)-23-24 44 45 & 46 47 48 49 50 51 52 53 84 & 56 55 Leila-J. Pyfrom E. L. Mc Kinl©y Loti Bell Williams Corbin C. Richards W. J. Cunningham Carlton T. Burritt Alex B. 8turrup,Jr. Rather 0. Johnson Frank Le Grand Harry Williamson Fred Stipp Fred C. Tillinghast Dean Paulding Hay Mrs.Amanda Dahis Miss H.B.Burroughs L. E. Potter Frank Miller John J. Keefe Paul Bernstein Dr.John R. Black Earl M. Cook Frank Walton Jack Wein E Martin, at. 7647 N.H. 3rd Ave. 304 N.E. 77th 8t. 7639 N.E. 3rd Ave. 7635 N.E. 3rd Ave. 7619 N.B. 3rd Ave. 321 U.E. 76th St. 313 N.B. 76th St. 305 N.T. 76th St. 7613 N.R. 3rd Ave. Bridgehampton,L.I.,N.Y. 7626 N.R. 3rd Ave. 159 S. Irving St., Ridgewood, N.J. 257 N.S. 76th St. 7621 N.E. 2nd Ct. 8020 N.W. 1st Pl. 429 N.E. 73rd St. 210 N.E1 77th St. 7629 N.b. 2nd Ave. 3301 N.W. 46th 9t. Denver, I11. 25 11. Shore Dr., Normandy Isle, M.B. 7651 N.F. 2nd Ave. 40 S.W. 18th Ct. Cukur 7640 11.1. 3rd P1. 7632 N.E. 3rd P1. 7612 N.B. 3rd P1. 363 N.E. 76th St. 361 N.E. 76th St. 353 N.E. 76th St. 561 N.E. 83rd St. Box 364,Little River Sta. Miami 38 Mrs. Martha C. Hatfield 7637 N.B. 3rd Ct. Clarence Hamilton 7845 N.E. 3rd Ct. E. W. Erwin E. S. Connors Sarah Lewis Peter C. Rothwell Jos. A. Borger Sonia Bieber Chas. Stieren Vineaa Cukur,Elizabeth & w. Staples Jas. Mansour Stanley Tisko Elizabeth R. Clark Geo. E. Stephan Frank W. Dodge,Jr. John W. Picot Aline Blend 719 Myrtle St.,Erie,Pa. 7634 N. . 3rd Ct. 7628 N.E. 3rd Ct. 7620 N.a. 3rd Ct. 329 N.B. 76th St. HO 4 dorm , • 7 - - rr • T' F) - .• . ATTACHMENT 2 { er 5 5t �xre 551�✓c NP d0 "'JTEk - ____„ram __r ______---- VW. 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This Instrument Prepared by: Lorene Seeler Young, Esquire Lorene Seeler Young, P.A. 9124 Griffin Road Cooper City, Florida 33328 File Ref: 18-0184 / Rivercow Property Appraisers Parcel Identification (Folio) Numbers: 01-3112-002-0011 ATTACHMENT ? WARRANTY DEED CFN: 20180578285 BOOK 31151 PAG DATE:09/21/2018 09:11:20 AM DEED DOC 9,000.00 SURTAX 6,750.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made the i'1 ' day of September 2018 by MICHAEL WEINER, M.D., P.A., Trustee of the MICHAEL WEINER M.D., P.A. PROFIT SHARING PLAN, herein called the Grantor, whose post office address is 2282 NW 62 Drive, Boca Raton, Florida 33496, to RIVERCOW, LLC, a Florida limited liability company whose post office address is 8032 NE 2nd Avenue, Miami, FL 33138-4404, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W 1 T N E S S E T H: That the Grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in Miami -Dade County, State of Florida, viz: That part of Tract A of DOBBS BUSINESS CENTER, according to the Plat thereof, as recorded in Plat Book 53 at Page 73 of the Public Records of Miami -Dade County, Florida more particularly described as follows: Begin at the most Easterly Southeast corner of said Tract A; thence North along the West line of Northeast Second Avenue a distance of 60 Feet to a point; thence Westerly parallel with the North line of said Tract A, a distance of 172 Feet; thence Southerly a distance of 111.60 Feet to a point on the South line of said Tract A; thence East along the South boundary line of said Tract A, a distance of 50 Feet to a corner of said Tract A; thence North along the boundary line of said Tract A, a distance of 51.60 Feet to a corner of said Tract A; thence Easterly along the South boundary line of said Tract A, a distance of 122 Feet to the point of beginning. Property Address: 8032 NE 2nd Avenue, Miami, Florida 33138-4404 SUBJECT TO easements, restrictions, reservations, conditions, declarations, limitations, easements, rights -of -way and zoning ordinances, if any, provided that this shall not serve to reimpose same and taxes for the current year and all subsequent years. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. CFN: 20180578285 BOOK 31151 PAG Warranty Deed, Page Two AND, the Grantor hereby covenants with said Grantee that the Grantor is/are lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: MICHAEL WEINER, M.D.R.A,PROFIT SHARING PLAN Hr\2 Witness #1 Signature G,r/64-o G. Llo y Witness #1 Printed Name OLO�t-�rc.lJ LORENE SEELER YOUNG Witness #2 Printed Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on September / 7 , 2018 by MICHAEL WEINER as President of and on behalf of MICHAEL WEINER, M.D.JP.A., Trustee of the MICHAEL WEINER M.D., P.A. PROFIT SHARING PLAN who ❑ is personally known to me produced a valid driver's license ❑ produced the following as identification: By: MICHAEL WEINER M.D., P.A., A Florida Corporation, Trustee By: MICHAEL WEINER, President Nota Pu c LORENE S ELER YOUNG My Commission Expires: LORENE BEELER YOUNG MY COMMISSION a FF 185352 EXPIRES: October 21, 2018 Bonded Urn Notary Public Undenwr ds ORDI AN ORDINANCE AMENDING ORbINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE POt't THE CITY OP MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR SOUTH 115' OF LOT 1 AND LOT 2 LESS NORTH 50', BLOCK 10, LITTLE RIVER GARDENS BLOCKS 10 T0 17 AMb (6-51), PROM 0-2 (COMMUNITY COMMtR- CIAL) TO C-4 (GENERAL COMMERCIAL), LOCATED 101 THRU 111 N. E. 79TH STREET; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on the 1st day of April, 1968, passed and adopted by an 8 to 0 vote its Resolution No. 68-97, recommending granting a change in the zoning classi- fication, as hereinafter set forth, as applied for by Herbert A. Simon; and WHEREAS, it is deemed advisable in the best interest of the general welfare of the City of Miami and its inhabi- tants to grant a change in zoning classification, as here- inafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF, THE CITY OF MIAMI, FLORIDA: s. Section 1. That Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, Ue and the same is hereby amended by changing the zoning classification of South 115' of Lot 1 and Lot 2 less North 5O', Block 10, AN ORDINANCE AMEND/IOf30INANCE NO. 687 COMPREHENSIVE ZONING OP MIAMI, BY CHANGING THE ZONING CLASSi1ICATI0: ?OR SOUTH 115' OF LO'P 1. AND LOT 2 LESS NORTH SO', BLOCK 10, LITTLE RIVER GARDENS BLOCK 10 TO 17 AMb (6-51), PROM C-2 (COMMUNITY COMMER• CIAL) TO C-4 (GENERAL COMMERCIAL), LOCATED 101 THRU 111 N. E. 79TH STREET; AND EY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE N0. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF': AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on the 1st day of April, 1968, passed and adopted by an 8 to 0 vote its Resolution No. 68-97, recommending granting a change in the zoning classi- fication, as hereinafter set forth, as applied for by Herbert A. Simon; and WHEREAS, it is deemed advisable in the best interest of the general welfare of the City of Miami and its inhabi- tants to grant a change in zoning classification, as here- inafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by changing the zoning classification of South 115" of Lot 1 and Lot 2 less North 50', Block 10, ook 6, 9th Gtreet, from G-2 (Community Commercial) to G«4 (General Commercial); and by making the necessary changes in the zoning district map made a part of said Ordinance N. 6871 by reference and description in Article Ilt, Section 2, thereof. Section 2. That all laws, or parts of laws, in conflic herewith, be and the same are hereby repealed insofar as the above described land is involved. Section 3. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. PASSED on first reading by title only this 25th day of April , 19G8. PASSED AND ADOPTED on second and final reading by title only this 9th day of May , 19G8. STEPHEN P. CLARK est: MAY 0 R F. L. CORRELL City Clerk ;.s' , Va �... �'. Y.; � tU lit A'ii ithe 0, httnchi WrTNh'i02 my ht lici il:;il u i 3 Oi f16ini Mil. of pi$a ty th= }!L ...cur,; , ..,.„,, �G6 I�r � e* ft i A' I i 1 .Attf bAti ilEttiftb Pkifittahad Batte1�ty t ,fir uithd dui d4 Cottrif. ''ritt O i b¢{A eaten ti%AJ�y: beta% the ,tifidefidenect nutiso't{ty petaonaiiy Vetted Martha brobnie, who on oath t{ati that She id the Office Manager of the Math! Retie* and Dafly Reeord. a ditty 'telc pt Saturday and Sunday) h- that the atttachedd copy Of adv_ertDade t3 m t, being a Lanai Advert{semellt or Notice lit the tnattet of Adopb1.Oh of O 'd3i'1t3 1Ge ( 8 tieao 15'r of Lot 1 arid Lot 2 } etc Litt et ;e Gei(ie�is to the. . Cou*t ' aa* published in said h wepapeir In the fauue8of Lt 1..1.4- .1. 6 8 Aitlant further saysthat the said Main! Review and Daily Record is a he* apapet published at M1am1, in Said Dade County. Florida. and that the Said news' paper hail heretofore been cohtihuously published la said Dade County, Florida. each day (except Saturday and Sunday) and has been entered as second elms twill matter at tine post office in Math!. Itt said Dads County Florida. for a period of one year nett preced- ing the first publication of the attached copy of ad= t'ertisemehtt and erfinnt further says that she hall neither paid not promised any person. firm or cor- poration any disrount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. XL _:.«:`L.s'.-:1.1�:1,�.t.1� Sworn to and subscribed before me tbta ot..... _... Kay. A, D. (UAW( My Con fl1Iasion expires April 15, 1t69 Notary Public. State of Florida at Large. LEGAL NOtIit'E All interested trill take notice that on the 9th day of May. 1968 he Commission of the City of iaMI, Florida adopted an ordt-' ri ANe ORDINANCE AMtNbTNG ORDINANCE O. '6871. T HE COMPREHENSIVE ZONING, ORDINANCE FOR THE CITY OF, MIAMI.,, BY CHANGING; THE ZONING ° CLASSIF'ICA- TION FOR SOUTH 115' OP LOT _1 AND LOT 2..LESS NORTH 50.'. ELOCif; 10. LIT- TLE _RIVER GARDENS BLOCKS 10 TO 17 AMDe0.51T COCC4 MERIAL) TO - (GEN- ERA!, COMMERCIAL) LO- CATED 101 TITRU 111 NE 79TH STREET. AND,BY MAK"- ING THE NECESSARY CHANGES IN THE WINING DISTRICT MAP, MADE, A PART OF SAID ORDINANCE' NO. 6871 BY REFERENCE AND DESCRIPTION IN AR= TICLE III, SECTION 2 TNEREOF. AND : BY .. RE, f EAT,TNS IN CO ( 1i,L LAWN' VLICT HEREWITH ttihieh `is designated Ordinatiee'j No. 7618. F. L. CORRELL' CITY CLERK CITY OF MIAMT. FLORIDA rBLISHED O1 a/17/0 • Hohorable city COMMi§ai0h Attention: Mr. M. t. Reese City Of Miami, Florida Gentlemen: 4, 10 ge: CHANGE OP 20N/N0 CLASSIPICAT/ON RECOMMENDED S 115' Lot 1 and Lot 2 legs N 50', Block 10, LITTLE RIVER GARDENS BLOCKS 10 TO 17 AND (6-51) 101 thru 1111•16_,E6_79th Street APPlicant: Herbert_A._Siilou NOTICE The Miami Planning Board, at its meeting of April 1, jpqq, item #6, following an advertised hearing, adopted Resolution No. 68-97 by an 8 to 0 vote (one member absent) recommending Change of ZoningClassi- fication from C-2 (Community Commercial) to C-4 (General Commercial) of South 115' Lot 1 and Lot 2 less North 50', Block 10, LITTLE RIVER GARDENS BLOCKS 10 TO 17 AMD (6-51), being 101 thru 111 N. E. 79th Street. Attached are maps of the area indicating in red property owned by one obiector, together with list of property owners within a 375' radius. An ORDINANCE to provide for this Change of Zoning Classification has been prepared by the City Attorney's office and submitted for consideration of the City Commission. Sincerely, (acoj DAVID SIMPS N, JR Executive Secretary Miami Planning and Zoning Board eh Z. M. 10 Attached: Maps, list, recommendations and minutes cc: Law Department CITY CON::,115,1';i:CiN MEETING (.3.'ir APR"? 51f138 Cr:MANCE .. IstUALIMG„„V ........ 2r,d REA'irn „.._._.7._t6t .....', .r_ • IBi . IMMO y... .. e e 3 . 01 6 6! r11106064601L 101 tarn 111 NI t, 3th Es a1US'a€bet1& 1�i 1k1 tip€ AMR Man+11jgR Area Prapa6ad Rptaning ' Mar Prop awned by Appliegn abjaatara aan•objeetara all Y.r1 '1R 50 4m ,0 9 NOTICE Z.W.• go' the following repmanta n net of ouotrahi a by legal e• aoription bt all proportion within 3/5 teat Ot the following deporibed property: The 8 115' of lot 1,1e0s V 10' & lest 20' to Oity and lot 2, less 50' & leaa 8 20' to Oity, Block 10, LITTDE RIVER GARDENS, 151,001(8 10 TO 17 INCLUSIVE, AMENDED PLAT, PB 6 Vg 51. 1 hereby certify that I have made t thorough search of the public records of Dade County to ascertain these ownerehips. Deed transfers in the Clerk's office were posted thru Feb', rusty 26, 1968 at the time of the search,. LEGAL DESCRIPTION LITTLE RIVER GARDENS, BLOOK 18 Ots 1 & 2, leas 5 20' & lees W 10' to oity Lot 3 less S 20* to city BLOOK 19 Lot 1, less H 10' to Oity Lot 2, less W 10' to pity Lot 3, less W 10' Lot 4, less W 10' to City BLOCK 20 B 75' of lot1 & 2 BLOOKS + NAME ADDRESS 18 TO 23, INCLUSIVE (6/153) Blk 18 Rick -Martin Motors 41 NE 79 St., Miami Inc. Bik 18 John T. Ciccone & wf Rose Blk 19 Dallas G. Conrad & Samuel L. Davis Blk 19 Lester H. Drye & wf Ethel A. Blk 19 Lionel Ray. Lowry & wf Maxine Blk 19 Hazel M. Bagwell Bik 20 400X2 N 501 of lots 1 & 2 Blk 23 4 3, lees street & le4e W 35' of lot 1 for X. N,aia3. R/W O-BRZ Investment Co., Inc. Raul Fuloo 163 Friendship St., Providence, Rhode Island 3011 E. 8th Ave., Miami 8011 NE Miami Court, Miami 8021 NE Miami 0ourt Miami 50 NE 80 Terr., Miami 8000 NE Miami Court, Miami 7925 N. Dural Ave., Miami ss 5 20' .or street & lags portion for widening N. Miami for LIMB RIVER GA AMEND LOOK 10. k 23 Sid4111 y 0o. 1 NN Ito. Lessees One Salto -Ninth 1 Niz Street, Xno. Na,, ,BL00KS. 1.0,10 17-.INOLtTSIVE., Lot 1 less S 115' & lees H 10' to 0ity of Miami & N 50' of lot 2 S 115' of lot 1, less W 10' & less S 20' to Oity & Lot 2, less N 50' & Tees S 20' to City of Miami N 172' of lot 3 Blk 10 Bode Anewerphone, 7929 Ino► 1 Ave., Miami B1k 10 Herbert A. Simon 2301 NW 27 Ave., Miami & wf Beulah Blk 10 R.E. Anderson, Myron J. Bakst, Fleming A. Barbour, Thomas Barnett &, Elaine Barnett, Harry L. Carr, Richard D. Hackley, Lawrenoe R. Irish & Edith M. Irish, William S. Lovas, Sol Luft, Bernard Shapiro, Glenn E. Moore, Jr., George S. Rovin, John Seeley, Varian A. Sweetnam, Donald R. Ballard, Herman Ohesluk, Robert Cooper, Esther H. Dale, S$M Realty Oo., Gladys 0. Dyer, A. R. Fuhlbrigge, Leo H. Harris & Helen Harris, Joeeph Ozog & Mary Ozog, Stanley Ozog,. Alexander Prooailo, Wanda R. Rooailo, E. 0. ReuVer & Mrs. Ann L. Reuter, George H. Rudy, & Olga E. Rudy, C. K. Sawyer, Charles N. Wright, E. A. Stewart, 1m, Edward Stewart, 31Wood R. Conine, 123-29 NE 79 St., Miami of 3 Blk 10 ( 0ONTINtJND ) William Uzelao, Edward pierce, Gene pierce, Wilson K. Brewer, Harold H. Browns' P. C. Jewell. Lessee: State Wire and Casualty 0o. BLOCK 11 123 NE 79 St., Lots 1 & 2 less N 10' B11: 11 Southern Bell Tel- 20 Box 2211, Atlanta Ga. & less W10' to City ephone & Telegraph of Miami & lot 3, 0o. less N 10' BLOCK 12 Lots 1 & 2, less Blk 12 Gaspar Nagymihaly 2520 S. Miami Ave., N 95' & less S 10' Miami & less W 10' streets r't 3, less 8 10' Blk 12 Inez H. Ritchie .., City of Miami BLOCK 15 Lot 1 Lot 2 BLOOK 16 121 NE 80 Terr., Miami Bik 15 Susan M. Alison 8040 NE 1 Ave., Miami Blk 15 Arthur J. iillingham 8052 NE 1 Ave., Miami Lot 1, less S 47' Blk 16 Samuel L. Davis 6740 SW 5 St., Miami & wf Margaret S 47' of lot 1 & Blk 15 Dallas G. Conrad 3011 E. 8th Ave., Hialea all of lots 2 & 3 & Samuel L. Davis BLOCK 17 Lot 1 Blk 17 Ranch House Reat- 69 Nab 79 St., Miami aurant of Dade County, Inc. Lots 2 & 3, lees Bik 17 Robert S. Butler 9001 NE 2nd ive., Miami & wf Eleanor C. Lessee: Ranch Iouse Reat- 69 NE 79 aurants of Dade County, Inc. S 20' for street °to 3, 4 1e6A 9 20 &6 Lots 7 & 8, leas Rik 7 S 20' to'0ity of Miami, lot 9 less s 20' to Oity of Miami LOOK 8 Lot 3 Lot 4, less N 10' to City Lot 5 less N 10' to City of Miami Lot 6, lees N 10' to Oity of Miami S55of lot 7& E 6' of S 55' of ,.lot 8 Lot 7 less $ 55' & E 6' ofN137' of lot 8, less N 10' to City of Miami Lot 8, less E 6' & lees N 10' & lot 9 less N 10' BLOCK 9 •Lot 6 less street B1k 8 Blk 8 Blk 8 Blk 8 Blk 8 Blk 8 dne Thirty -dive Realty Obrp. Owners aftd Leeeee same as shown for & 172' of lot 3, Rloek 10, Little River Gardens (6/51) BR 79 St. Little River 0enter, c/o Inc. 801' Harley G. Oollins & wf Emma Lucille T. T. Connors & wf Mary C. Joseph Serra & of Marie Vincent Puklewicz & wf Rose Mary E. Higgins A. Ja Ave., 1250 NB 102 St., Miami 156 NB 80 Terra, Miami 148 NE 80 Terr., Miami 145 NE 79 Terr., Miami 142 NE 80 Terr., Miami Blk 9 Southern Bell Tel- PO Boa 2211, ephone & Telegraph Co. Blk 9 Lot 7, less street Blk 9 Lot 8 less street Blk 9 Lot 9 lees street B1k 9 Lee Construction Corp. Gerald Kral Limes Rademaker anta Ga. 11855 NE 19 Drive, Miami 145 NE 80 Terr., Miami 8320 NE 3 Ave., Miami Oonsuelo Maaimiliano de Mc Oubbin c/o Shapiro, Fried & Wells, 407 Lincoln Rd, Miami Beach 130' of lot 1 to3incl&all of lot 4 N 40' of lots 5 to 7 incl S 40' of N 80' of lots 5 to 7 incl S 82' of lots 5 to 7 incl HL00K 25 Blk4ont�nental quitiee 3001 ponoa da Leon Blvd., 0orel Gabiee Blk 24 Minnie W. Wright 7825 NB 1 Ave., Miami Blk 24 Laurette Wright Elk 24 Jo N. Mansfield et al 703 lit 63 St., Miami No address available Lot 1 Blk 25 amain .7. McMillan 514 NW 79 St. Lot 2, less N 20' for street Lots 3 to 12 incl; S 81' of lot 13 & all lot 14 N 81' of lot 13 LOOK 26 Lots 1 & 2 less N 20' & lot 3 less W 10' & N 20' LITTLE RIVER GARD BLOCK 4 Lots 9 to 14 incl & N 8' of lots 6, 7 & 8 WOODSON'S SUBDIVISI0N (6/116) Lots 5 to 11 incl, less N 20' for street Blk 25 Barbara. K. Bane 666 NB 74 St., Blk 25 Miami Retreat Foundation Blk 25 Mary L. Gray (Life Estate) Remainder to: Oliver H. Clark & Margaret M. Kohr Blk 26 Standard 011 0o. S. BLOCKS 4 & 5 (6/45) Blk 4 City of Miami oity of Miami Little River Youth Center a 7831 NE Miami Court, Miami 7822 NE 1 Ave., Miami Above PO Box 957. Riverside Sta. Miami 170 BE 79 St. Lots 12 & 13 leas D. L. Woodson 1502 S. 4th Street • 20' for street Louisville, Ky. if NOT TO Ot7IvERS OF' IttML ESTATE TfIE VICINITY OE' 101 TI#RU 111 N. E. 79T I STREET, IMIAMI, PLORIDA The Miami City Commission, at its meeting of THUI&SDAY, April 25th, at 11:00 A. i.., in city Mali, 3500 Fan American drive, Dinner Key, Miami, Florida, will consider the following: 101 thru 111 i:. 79th Street S 115' Lot 1 and Lot 2 less R 50', Bloc]: 10, LITTLE RIVER G:.RDLIAS BLOCKS 10. TO 17 AND 0-51) . Resolution recommending Change of Zoning Classification of the above described lot„ from C-2 (Community Commercial) to C-4 (General Commercial). At its meeting of April 1, 1963, the Miami Planning Board adopted Resolution No. 60-97 by an 0 to 0 vote (one member absent) recommending the Change of zoning. IMPORTANT The City Commission requests that Petitioner be present or represented at this meeting, and all interested real estate owners are invited to e::press their views. MIAMI PLANNING BOARD eh 4/22/68 Havit)iiytpsctiJr. Hate; 3Jtatch i1 clitiveedtcta�y acidoilitig $dard Subject: 1TEivt r `- s { - Planning .oatd Agenda Dudley ds, Direct() r• April 1, 1S6C Planning JSetiartnient Dt0C. tIPTIoN: 101. TTHRU 111 N. t. 79T1-1. STREET South 115' of Lot 1 and Lot 2 less N 50', 131ock 10, LITTLE RIVER GARDENS 10 to 17 AMD (6-51). Hearing to consider petition of Herbert A. Simon for Change of Zoning Classification of above described site from C-2 (Community Commercial) to C-41 (General Commercial). Attention: Emeline L. McGraner Z. M. 10 RECOMMENDATION AND ANALYSIS: The Flanning Department recommends that petitioned Change of. Zoning be GRANTED and suggests that consideration be given to extension of the subject petition to include all of Lots I and 2 for the following reason: The land use of the subject area is mixed commercial development of the C-1, C-2 and -4 types. The other three corners of the intersection of 79th Street and 1st Avenue are presently zoned C-4, and we therefore believe that the inclusion of the subject property would be an appropriate extension of the existing C-4 zoning district. We do suggest, however, that all of Lots 1 and 2 be included so as to provide for proper and uniform boundary lines. • Hearilig i for dhanz deseribec C.64 (Celle of zoning G site f torn d+� ai Coinfnercia kk id f Herbert A. Simofi abort of above unity Commercial) to etary filed proof of pub1icatibn of Legal N()tide of t4eeringand hietered oath to all persons testifyifig at this hearing. Mr. Simon: My name is Herbert bee Simon, and I am representing my Mother and Father who are standing here in back of me. My Father and Mother own six stores on that Corner which is currently zoned 0-2; N. E. 79th street from the west side of 1st Ave. to 7th Ave. and prob- ably beyond is zoned C-4; 79th st. is also d-4 from N. E. 3rd Ave. to N. E. loth Ave. with the exception of the t3iscayne Shopping Plaza. What I am trying to point out is basically this is a C-4 street - 79th St. The other three corners of 79th St. and 1st Ave. which is our corner, are C-4 currently. Two of the corners have been C-4 for a good length of time and one other was recently rezoned, so all we are asking for is conformity to make the fourth corner also c-4. Now, in the same block as our property is, we have two bars, we have a so-called Art Theatre which is a nudity -movie. There are four vacant stores including two of ours and our prime reason for asking for this rezoning is so that these stores can be replatted to make a better neighborhood. The type of tenant that we have had to date to turn down recently due to C-2 zoning where we could not take them actually were - and I am not just picking special types - a home appliance repair for small motors, etc., a baby furniture 'crib -renting company because we were told that when they start out with new equipment it was fine, but as soon as it was used once, it was not new equipment; a radio and T.V. shop, an upholstery and furniture repair shop. These are actually those which we turned down where we could have had these stores rented. Across the street within a couple of blocks of this property we have an automatic car wash place, an outboard motor repair and an automobile repair garage, several service stations, paint and body shop, several dry cleaners and launderies, a couple of trailer sales and several used car sales. I am again pointing this out to you because you see 79th St. is basically a C-4 street. Unless you have some questions, I will quit while I am ahead. Mrs. Gordon: Mr. Simon, have you seen the recommendation of the Department? Mr, Simon; Yes, mam, I understand the Departne that it be rezoned to C-4. reco ends Mrs. McGraner: The Planning Department has recommended granting, but they also suggest that consideration be given to extension of the subject petition to include all of lots 1 and 2. Mr„ Simone 1 saw that Mrs. McGraner, now the rest of lots 1 and.. 2 are the answering phone service which is a telephone answering ser- vice and then backing right up to them is a division of the Southern Bell Telephone Company. I doubt whether either:of these buildings would change their occupancy in the foreseeable future if you wanted it C-4 to eonform, fine, but 1 ask that you don't defer it if you are going to make a study of the back two lots by holding us up because we want April. is 196E Item #6 to rent these stores bseaust I under tand it yOu could not regalia the entire pared1 tonightthere has been no publie hearing on the northerlY half Of those two lots. I doubt whethar the other portion Of lots would even need it er change their type of oe04panoy. If you want to reaone that the %Able blodk rniitie,i1 but please donit hold Us up Until we go and get some tenants. M. GOrdent As I understand it the board iS ready to act on your portion and then if they desire to initiate a hearing for the rest of these two lots..is that right, Mr. Simpson'? Mr. Simpson: Yeti, the Board handled that right. It was suggested that the entire Iota Ctithe in biit the owners of the northern portion did not want to join with you Mr. Simon in the applicatiOn? Mr. Simon: That is cOrrect, I was advised by Mr. Simpson!s Department to get the other half to join in and X attempted to do this and talked to Miss Body's girl Friday and she kept putting me off for a couple of months, not with a denial but,jUst she could not contact Miss Body or she couldn,t get an answer and incidentally I understand Miss Body's husband who was recently deceased used to operate this business and he left it to Mrs, Body and the children and as a trustee through one of the banks and Mr. Rossi - after I could not get satisfaction from them, it was not a denial but not an answer, I contacted Mr. Rossi and Mr. Rossi said that she was con- cerned about giving anything because apparently she had not operated a business before and also very frankly told me she was concerned that a C-4 zoning we might be tearing the buildings down and putting up some kind of objectionable building that her girls would be afraid to come to work. Mr. Rossi said that he thought that we should be given the C-4 zoning and he thought that in time he could bring Mrs. Body around to this if given time, well, we waited'several weeks and I can't just get an answer. I see here they filed an objection. The only grounds that I was told by them that they objected was the one that I just told you. In the very block on the same side of the street we now have two bars and this girlie -theatre. I don't think that our retail stores are going to be as objectionable as these, so I think that she just doesn't realize just what it means. Mrs. McGraner: In my observation of this property I have seen the C-4 predominate on the south of 79th Street, and also on the west and I see no reason for denying it, therefore I am going to move to grant. One objection received in mail. Mrs. McGraner offered the following resolution and moved its adoption: RESOLUTION NO. 6B-97 RESOLUTION RECOMMENDING CHANGE OF ZONING CLASSIFICATION SOUTH 115' OF LOT 1 AND LOT 2 LESS N 50', BLOCK 10, LITTLE RIVER GARDENS BLKS 10 TO 17 AMD (6-51, 101 THRU 111 N. E. 79TH ST. FROM C-2 (COMMUNITY COMMERCIAL) TO C-4 (GENERAL, commacIAL). Upon being seconded by Mr. Jaffe, this resolution was passed and adopted by the following votes; AYES: MeSsra, carroll, Graham, Jaffe, Lee, Plummer, Silverman mmes. McGraner and Gordon. NAM; None ABSENT: Mr, penhart - 21 - April let, 1968 Item #6 ORDINANCE i AN O bINANCE ANEWD200 ORDINANCE NO. 6871, THE COMPRE1tIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR SOUTH 115' OF LOT 1 AND LOT 2 LESS NORTH 50' , BLOCK 10, LITTLE RIVER GARDENS BLOCIt5 10 TO 17 AND (6..51), FROM C-2 (COMMUNITY COMMER� CIAL) TO C-4 (GENERAL COMMERCIAL), LOCATED 101 THRU 111 N. E. 79TH STREET; AND EY WAXING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE 1Q0. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF;. AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on the 1st day of April, 1968, passed and adopted by an 8 to 0 vote its Resolution No. 68-97, recommending granting a change in the zoning classi- fication, as hereinafter set forth, as applied for by Herbert A. Simon; and WHEREAS, it is deemed advisable in the best interest of the general welfare of the City of Miami and its inhabi- tants to grant a change in zoning classification, as here- inafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF • THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by changing the zoning classification of South 115' of I,ot 1 and Lot 2 less North 50', clock 10, ttr'TLE RIVEN. GARDENS ELOCR8 10 ! O 17 AIM, plat hook €S, Page S1, located at 101 thru 111 N. E. 79th Street, from C-.2 (Community Commercial) to 0-4 (General Ctimrerc al) and by making the necessary changes ih the zoning map made a part of said Ordinance too. 6871 by reference and description in Article III, Section 2, thereof. Section 2. That all laws, or parts of 1aws, in con herewith, be and the same are hereby repealed insofar as the above described land is involved. Section 3. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. PASSED on first reading by title only this 5� day of , 19GB. PASSED AND ADOPTED on second and final reading by title only this day of JtZ--ca , 19GB. MAYOR Attest: City Clerk PREPARED BY:,_Edward J. Fitzzatrick As istant City Attorney REVIEWED BY: Jack R. Ricet Jr. / Asst. to Dizectozof Dept. aA LL ATTACHMENT 4 77R 16418 '77• dill 2, AMA 10': 5b. '..iiirc.9565'n 618. WARRANTY• J D,,REb'. 1 'THIS INDENTURE, made this )II) /2' day of ..,jJ J , A•, po 1977 between. 8P•YROS'GOUSIAS :joined by his wifei MARIA GOUSIAS,.,of Nanuet', fjeW York, parties of the first part, and •CYTY OF MIAMI, of the County of Dade in the State of Florida, party of the second part; Address of grantee: $Selo peL,m A,•nar4c4.. Mv;,,,,At V1 WITNESSETH: that the said parties of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to them in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said party of the second part, its successors, heirs and assigns forever, the following.described land, situate, lying and being in the County of Dade and State of Florida, to -wit: ..M 1 Begin 165 feet South of Northeast corner of SE 1/4 of SE 1/4 of NE 1/4 of Section 12, Township 53 South, Range 41 East, thence run Westerly parallel to the North line of said SE 1/4 of SE 1/4 of NE 1/4 of said Section 12 for distance of 157 feet to a point; thence run Southerly parallel to the East line of NE 1/4 of said Section 12 for a distance of 61.60 feet to a point that is 15 feet North of the centerline of N.E. 80th Terrace; thence run Easterly parallel to the North line of the SE 1/4 of the SE 1/4 of the NE 1/4 of said Section 12, and 15 feet North of and parallel to the centerline of N. E. 80th Terrace for distance of 157 feet to the East line of the NE 1/4 of said Section 12; thence run Northerly along the East line of the NE 1/4 of said Section 12 for 61.60 feet to the Point of"` Beginning; Less the East 15 feet which have been dedi- cated on record for Street; and Subject to the use at Present Time of any of said property by the City of Miami, Florida, for Streets or Sidewalks. Together with im- provements thereon. SUBJECT TO: Taxes for the current year, zoning ordinances and restrictions, limitations and ease- ments for public utility purposes, if any, of record. And that said parties of the first part do hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Ir 1OCU0ENtARY *,S+LE. t,TAX4.4 81'i'ktk. GEOR(3 KA9TRENNAKEg, • Atto ' `r 909 Oscars Building, Mini, FWt� 1 4r lLiadt6i':[i, yi REc_9565 PG .619 IN WITNESS WH•EftEOF, the, said parties of the first part 'hl3ve hereunto, set their hands and seals the:day and year above written,. Signed', sealed ,and delivered .' in the resence of usi ' Ca if-tee/Arc) . -< XI 4 lam . { �-- STATE OF NEW YORR ) y7 ) SS COUNTY OF 444.N0 ) SPYI2O USIAd B 1 4-6ed (SEAL) MARIA GOUSIAS (SEAL) I HEREBY CERTIFY that on this day personally appeared be- fore me, an officer duly authorized to administer oaths and take aknowledgments, SPYROS GOUSIAS, joined by his wife, MARIA GOUSIAS, to me well known to be the persona described in and who executed the foregoing deed, and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed, WITNESS my hand and official seal at - [1M4t�sra t , County and State of New York, this day of RTRU •MM. .'EH NE9 ota• ubll81c Ro• la to3 o• 4ount• Yo ..ld� •157 4A Publ c Stole DRAKE Yoh Wary No. 03.6096175 Qualified In Bona County e Expltas Match 30, 197 n s , t �1d�wiN�L II r=� iI r'� I � . NOTARY PUBLIC /J State of New York My commission expires: 3/3 v/7R M OWLµ "000"O ROCK d' ocouo+t 4WD"' WO "until avow p. W c. WAS 1; This instrument prepared by: Ron Cordon, !Squire Cordon Law Offices 355 Northwest 54th Street Miami, FlOrid■ 33127 Tax Folio ! 01-3112-002-0011 ATTACHMENT 5 f 18355 pie 3381 wf, HAn -.. 4stPJ f eijes o r0t iwwr WARRANTY DEED TWIN WARRANTY DIED, Executed thie11 day of November, 1998, by HILLIARD SUDD. 4700 Lake Road, Miami, Florida 33137, known erein as "Grantor", to N.E. 2nd AVENUE DEVELOPMENT CORPORATION, whose poet office address i■ 8036 Northeast 2"d?venue, Miami, Florida 33138, known herein as 'Grantee": WITIMBBETA, That the Grantor, for and in consideration of the sum of TEN (5 10.00 US; DOLLARS, and other valuable considerations, receipt whereof is hereby acknowledged, by these present' does grant, bargain, Bell, alien, remise, release, convey and confirm unto the Grantee, all that right, title, interest, claim and demand which the said Grantor has in and to that certain land situate in Miami -Dade County, Florida, viz: Begin at the Southeast corner of Tract A North 60 feet West 172 feet South 111.6 feet East 50 feet North 52.6 feet East 122 feet to the Point of Begin- ning, DOBBS BUSINESS CENTER, according to the Plat thereof, as recorded in Plat Book 53, at Page 73 of the Public Records of Miami -bade County, Florida. Subject to memento, restrictions and zoning of record, and taxes for 1998 and thereafter, TOOR With all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO IIAVE AND TO BOLD, The same in fee simple forever. AND The Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby warrants title to said land and will defend the same against the lawful claims of all persons whomsoever; and that eaid land is free of all encumbrances. IN W1TWINN WII1RIOF, The Grantor has caused these presents to be executed :n their hand and seal, the day and year first above written. Sign- a .d and Delivered in the Presence of: 4► , ij 1' ease t By: Hilliard Budd, President i IC !TAT' OF FLORIDA ) NtIAMI-DAD= COUNTY ) 1 i 1 ' I KammCIRTIFT That on this day, before me, an off i a duly authorized in the State aforesaid and the County aforesaid to take acknowledgments, personally appeared Hilliard Budd, whose address is 4700 Lake Road, Miami Fri.da 33137, personally known to me or who produced the following identification: 1' ]lniij,�yz: } , to me known to be the person described in and who execute tie oregoing Mor gage and he acknowledged before me that he executed the same. WITIIEBE My hand and official seal in the County and State last aforesaid this /day of November, 1998. Notary P c, tate of Florida Hy ommission Expires: c2:lwp\cordon\N.E. 2nd Avenue closing doce.2 https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsHTML5.aspx?QS=... 11/5/2019 https://onlineservices.miami-dadeclerk.com/officialrecords/CFNDetailsHTML5.aspx?QS=... 11/5/2019 ATTACHMENT 6 AGENDA ITEM SUMMARY FORM File ID: #7394 Date: 04/17/2020 Commission Meeting Date: 05/14/2020 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Execute Lease Agreement - Rivercow, LLC Purpose of Item: A Resolution of the City of Miami Commission, with attachment (s), authorizing the City Manager to execute a Lease Agreement ("Agreement"), In substantially the attached form, between the City of Miami ("City" or "Lessor") a municipal corporation of the State of Florida, having its principal office at 444 S.W. 2nd Avenue, Miami Florida 33130 and RIVERCOW, LLC, a Florida limited liability company, having a mailing address of 20815 NE 16th Avenue, Suite B17, Miami, Florida 33179, ("Lessee"), for the use and occupancy of a certain portion of City owned property located at 8034 NE 2nd Avenue, Miami, FL, 33138 ("Premises"), in exchange for an annual rent in the amount of Nineteen Thousand Two Hundred Dollars and No/100 ($19,200.00) per year. Background of Item: The City owns the property located at 8034 NE 2nd Avenue, Miami, FL, 33138 ("Premises") known as Little River Commerce Park. The Lessee wishes to use and occupy the Premises as a public park for the enjoyment of the general public and the tenants, employees and invitees of the Rivercow Building (the "Permitted Use") located adjacent to the Premises. The initial Lease Term is for a period of thirty (30) years with options to extend this Lease for two (2) additional terms of ten (10) years each. The Lessee will pay the City Nineteen Thousand Two Hundred Dollars and No/100 ($19,200.00) per year ("Minimum Base Rent") with a 3% increases each Lease Year. In addition, the Lessee will complete improvements to the Premises and maintain them at their own expense. The City Commission is authorized to allow the leasing of this property to the Lessee under Section 29-B(f) of the City Charter that exempts the City from any competitive bidding requirements when conveying City -owned property if the City is "disposing of non -waterfront property to the owner of an adjacent property when the subject property is 7,500 sq. ft. or less". The City has determined that the Minimum Base Rent constitutes Fair Market Value based on two (2) State -certified general appraisers hired by the Lessor. Budget Impact Analysis Item is Related to Revenue Item has NO budget impact Item is NOT funded by Bonds Total Fiscal Impact: $ 19,200 Annual Use Fee Revenue 04002.221100.448000.0000.00000 Real Estate and Asset Management Office of Management and Budget Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Reviewed B Aldo Bustamante Carolina Aguila Pedro Lacret Christopher M Rose Fernando Casamayor Valentin J Alvarez Arthur Noriega V Daniel Diaz Barnaby L. Min Victoria Mendez Todd B. Hannon Department Head Review Budget Analyst Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed 04/17/2020 2:10 PM Skipped 04/24/2020 8:53 AM Completed 04/24/2020 9:55 AM Completed 04/24/2020 10:27 AM Completed 04/24/2020 12:30 PM Completed 04/27/2020 9:24 AM Completed 04/28/2020 11:48 AM Completed 05/01/2020 10:44 AM Completed 05/01/2020 10:54 AM Completed 05/05/2020 12:21 PM Pending 05/14/2020 9:00 AM City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7394 Final Action Date: A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(F) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA ("CITY"), AND RIVERCOW, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("LESSEE"), FOR THE USE AND OCCUPANCY OF A CERTAIN PORTION OF CITY -OWNED PROPERTY LOCATED AT 8034 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA ("PREMISES") IN EXCHANGE FOR AN ANNUAL RENT IN THE AMOUNT OF NINETEEN THOUSAND TWO HUNDRED DOLLARS AND NO/100 ($19,200.00) WITH OTHER TERMS AND CONDITIONS AS DESCRIBED IN THE AGREEMENT. WHEREAS, the City of Miami ("City") owns the property located at 8034 Northeast 2 Avenue, Miami, Florida ("Property"); and WHEREAS, Rivercow, LLC, a Florida limited liability company ("Lessee"), wishes to use and occupy a portion of the Property ("Premises") as a public park, as well as for the enjoyment of the general public and the tenants, employees, and invitees of the Lessee ("Permitted Uses"); and WHEREAS, the initial lease term is for a period of thirty (30) years with two (2) additional ten (10) year options to renew ("Renewal Terms"); and WHEREAS, the Lessee will pay the City nineteen thousand two hundred dollars ($19,200.00) per year for its use of the Premises ("Minimum Base Rent") with a three percent (3%) annual increase; and WHEREAS, Section 29-B(f) of the Charter of the City of Miami, Florida, as amended ("City Charter"), allows the City Commission to lease City property without the requirements of competitive bidding when disposing of "non -waterfront property to the owner of an adjacent property when the subject property is 7,500 square feet or less or the subject property is non - buildable"; and WHEREAS, the Premises and the Lessee meet the requirements as outlined in Section 29-B(f) of the City Charter; and WHEREAS, the City has determined that the Minimum Base Rent in the lease constitutes fair market value based on two (2) state -certified general appraisers; and WHEREAS, the Lessee will make improvements to the Premises as described in further detail in Exhibit "B" of the lease, such improvements being a benefit to the residents of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Pursuant to Section 29-B(f) of the City Charter, the City Manager is authorized' to execute a lease agreement ("Agreement"), in a form acceptable to the City Attorney, between the City and the Lessee for the Permitted Uses on the Premises with an initial annual Minimum Base Rent in the amount of nineteen thousand two hundred dollars and No/100 ($19,200.00) per year, with percentage escalators thereto, and other terms and conditions as described in the Agreement. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: na deli z, Citty Attor 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. AERIAL EPLAN ID: PZ-22-15069 REZONE ADDRESS(ES): 8032 NE 2 AV 0 1 1111111 125 250 500 Feet MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-22-15069 REZONE ADDRESS(ES): 8032 NE 2 AV 0 125 250 J 0- in W 500 Feet I 1 NU82NUItK T3-L r T4-L L MIAMI 21 ATLAS (PROPOSED) EPLAN ID: PZ-22-15069 REZONE ADDRESS(ES): 8032 NE 2 AV 0 125 250 J 0- in W 500 Feet I 1 NU82NUItK T3-L r T4-L L