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HomeMy WebLinkAboutApplication and Supporting DocumentsFirst Name: Email: City of Miami Planning Departnrnt & Office of Zoning http://www.miamigov.comrplannint http://www.miamigov.comrzoning E-mai eplanp cr miamigov.com Planning (305) 416-1400 Zoning (305) 416-1495 RE -Zoning Application Application SUBMITTER INFORMATION Javier Last Name: jfemande cr sngglaw.com Fernandez Request Number PZ-22-15069 PRIMARY APPLICANT INFORMATION First Name: Jimmy Corporation: SMGQ Law Adch-ess: 19790 W Dixie Highway Last Name: Levy City: Aventura State: Florida Tip: 33180 Email: Jimmy@piaresidentiatcom Phone: (305) 770-4440 PRIMARY OWNER INFORMATION First Name: Rivercow, LLC Corporation: Address: 19790 W Dixie Highway Last Name: City: Aventura State: Florida Tip: 33180 Email: Jimmy@piaresidentiatcom Phone: (305) 770-4440 PROJECT INFORMATION Project Name: Project Address: City: Master Folio Number. Rivercow LLC 8032 NE 2 AV Miami 0131120020011 State: Florida Unit Number: Tip: 33138 That under the penalty of perjury, I declare that all the information contained in this permit application is accurate to the best of my knowledge. • That NO work or installation w> 1 connience prior to the issuance of a building permit and that all work w> 1 be perfonred to meet the standards of all laws regulating construction and zoning in this jurisdiction • I will, in all respects, perform work in accordance with the scope of the permit, the City of Miami's codes and all other applicable laws, regulations, standard and ordinances. • That all infomiition given will be accurate and that all work w]Il be done in compliance with all applicable laws regulating construction and zoning • That separate permits maybe required unless specifically covered with the submittal of this application. • That there may be additional permits required from other entities. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Permit fees are non-refundable APPLICANT OWNER / OWNER REPRESENTATIVE First Name: Signature: Date: Last Name: First Name: Javier Last Name: Fernandez Signature: Date: 7/20/2022 ATTORNEYS SMGQLAW.COM Rezoning Application Index for Drawings V-1 Signed and Sealed Survey V-2 Signed and Sealed Legal SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ MACHADO LLP SMGQLAW.COM 201 ALHAMBRA CIRCLE, SUITE 1205, CORAL GABLES, FL 331 34-51 07 TEL: 305.377. 1 000 FAX: 855. 327.0391 State of Florida Department of State I certify from the records of this office that RIVERCOW, LLC is a limited liability company organized under the laws of the State of Florida, filed on August 16, 2018, effective August 16, 2018. The document number of this limited liability company is L18000196520. I further certify that said limited liability company has paid all fees due this office through December 31, 2024, that its most recent annual report was filed on March 21, 2024, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighteenth day of June, 2024 Secretaty a tate Tracking Number: 2970976829CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateofStatus/CertificateAuthentication 7/27/22, 10:44 PM https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT= WYFKcDBI9F%2fJ%2f2E%2by9vIT0xdd9TIPQaCjg1tKPQ282A%3d Department of Finance Online Payments Receipt Your Reference Number: 2022208001-738 07/27/2022 10:39:46 PM Web_user TRANSACTIONS If you have a Transaction ID, please click here 2022208001-738-1 $10,000.00 TRANS ID: 895825 BUSINESS NAME: COM Lien Search $10,000.00 FEE NAME: REZONING CHANGES FROM ANY TRANSECT (EXCEPT T3 TO T6 OR CI -HD - UP TO 2 ACRES TOTAL AMOUNT: $10,000.00 PAYMENT American Express Credit Sale $10,000.00 CARD NUMBER ***********1009 LAST NAME: Fernandez 1111 II 1111111 II CE2022208001 738 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT= WYFKcDBI9F%2fJ%2f2E%2by9vIT0xdd9TIPQaCjg1tKPQ282A%3d 1/1 6/18/2024 Date CITY OF MIAMI HEARING BOARDS MIAMI RIVERSIDE CENTER 444 SW 2ND AVENUE, 3RD FLOOR MIAMI, FLORIDA 33130 RE: Property Owner's List Within 500 Feet of: Street Address(es) 8032 NE 2 AV Total number of labels without repetition: 57 I certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Signature SMGQ Law Printed Name or Company Name 201 Alhambra Circle, Suite 1205 Coral Gables, Florida 33134 Address 3053771000 Telephone acimo@smgglaw.com E-mail Rev. 10-18 ATTORNEYS SMGQLAW.coM FLUM Application Index for Documents PZD-0 Index for Documents A-0 Index for Drawings PAP-1 Comprehensive Plan Pre -Application PZD-1 Signed Letter of Intent PZD-2 Applicant Analysis PZD-3 Pre -Application Summary Report PZD-5 Existing FLUM PZD-6 Proposed FLUM PZD-7 Legal Description and Survey PZD-8 Recorded Deed BLD-1 Affidavit of Disclosure of Ownership, Articles of Inc., Certificate of Good Standing, Authority of Person signing application HB-30 Disclosure Affidavit of No Monies Due to the City HB-2 Acknowledgment by Applicant HB-3 Lobbyist Registration HB-4 Signed and Notarized Affidavit of Authority to Act HB-5 Disclosure of Agreement to Support or Withhold Objection HB-6 Disclosure of Ownership HB-8 Certificate of Status from Tallahassee HB-9 Corporate Resolution/Power of Attorney HB-15 Signed Attestation by person who prepared list of adjacent property owners with 500 feet HB-16 Complete list of all property owners in Excel HB-17 Disclosure of No Open Code Violations and No Open Invoices on SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ &:` MACHADO, LLP I SMGQLAW.COM 1200 BRICKELL AVENUE, SUITE 950, MIAMI, FL 33131 TEL: 305.377.1000 FAX: 855.327.0391 ATTORNEYS I SMGQLAW.coM July 20, 2022 Via E-Plan to: cgarciapons@miamigov.com Mr. Cesar Garcia -Pons, AICP Director, Department of Planning City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Application for Future Land Use Map (FLUM) Amendment & Rezoning of Parcel Located at 8032 N.E. 2nd Avenue, Miami, FL (Folio No. 01-3112-002-0011) (the "Property") Dear Mr. Garcia -Pons: Our firm submits this application for a Future Land Use Map (FLUM) amendment and rezoning (the "Application") on behalf of Rivercow, LLC (the "Applicant" or "Owner"), owner of the Property. The Property consists of an improved building and accessory parking lot on an assemblage that is approximately 12,500 sq. ft. The Property is located at the northeast corner of the City of Miami ("City") along the N.E. 2nd Avenue corridor which is undergoing a significant renaissance. Summary of Applicant's Request Applicant requests that the portions of the Property currently designated Medium -Density Restricted Commercial and T5-O be redesignated to Restricted Commercial and T6-8-O. We would similarly ask that the Recreation and Civic Space designated portions of the Property be redesignated consistent with the balance of the parcel — Restricted Commercial and T6-8-O. A summary of the Applicant's request is provided in Exhibit "A" attached hereto. Approval of such a change will prove consistent with staff's most recent recommendation for an adjoining property at 8038 N.E. 2nd Avenue as reflected in PZ-20-5966 and PZ-20- 6066 and help to rationalize the Property's designation and possible future reuse and potential redevelopment. Site History & Land Use Designations ■ Prior Zoning Prior to the adoption of Miami 21, the Property also was the subject of multiple zoning designations under the prior zoning code — Ordinance 11000. The previous designations consisted of the following: (i) Parks & Recreation (PR); (ii) Office (0); and (iii) Restricted Commercial (C-1). See a copy of the Ordinance 11000 zoning atlas for the Property hereinbelow. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ(Cc:` MACHADO, LLP I SMGQLAW.COM 1200 BRICKELL AVENUE, SUITE 950, MIAMI, FL 33131 TEL: 305.377.1000 FAX: 855.327.0391 PROPERTY ORD. 11000 ZONING ATLAS 1.3711701-1, c P (.iDu JSi l R The Property's prior zoning designations permitted development of up to 150 dwelling units per acre under both the 0 and C-1 designations. Said designations also permitted development of more than 12 stories (or up to a maximum of 120 feet), which permitted height exceeds the maximum heights authorized under zoning designation imposed by the adoption of Miami 21 and its companion zoning atlas. While under the Ordinance 11000 the Property also had three (3) zoning designations, the designation of portions of the Property as either 0 or C-1 had little practical effect on any future redevelopment of the site given that each designation permitted development densities, intensities and heights that were generally consistent. ■ Current FLUM & Zoning Designations Presently, the Property has three Future Land Use Map (FLUM) designations — Restricted Commercial for the portions of the Property closest to N.E. 2nd Avenue; Medium -Density Restricted Commercial — for the portion of the Property furthest from N.E. 2nd Avenue (approximately the western 25' of the Property); and Recreation — for the portion of Property adjacent to a City park known as Little River Commercial Plaza (approximately 25' immediately west of the park). See a copy of the Property's FLUM hereinbelow. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ 04, MACHADO LLP SMGQLAW.COM PROPERTY FLUM DESIGNATIONS Similarly, the Property has three (3) zoning designations — Civic Space (CS), Urban Center Zone Open (T5-O) and Urban Core Zone Open (T6-8-O). See a copy of the Miami 21 zoning atlas for the Property hereinbelow. Unlike the prior designations, the designation modifications to T5-O and T6-8-O have a significantly altered the future development conditions of the Property given the substantial differences in densities (65 DUs per acre vs. 150 DUs per acre), intensities (no FLR vs. an FLR of 5), and heights (5 stories/85 feet max. vs. 8 stories/130 feet). These discrepancies, compounded by the CS designation on a portion of the Property render the integrated and cohesive development of the property practically impossible. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP SMGQLAW.COM ■ Historic Use & Intended Use The Property remains substantially unchanged since approximately 1950 when the present improvements, consisting of commercial building of approximately 7,500 sq. ft. +/- in size, were erected on the site. In 2020, Rivercow, LLC executed a lease with the City of Miami for the Little River Commercial Plaza (the "Lease"). Said Lease will result in the completion of a renovated plaza for public use & enjoyment and retail outlets on the Property that will have direct ingress/egress from the Plaza. Presently, Applicant is the process of creating basic renovations to the Property to address the structural and life safety issues that previously plagued the Property while long-term, retail and food & beverage tenancies are secured. ■ Recorded Restrictions & Proposed Covenant Proffer To the best of Applicant's knowledge and that of its undersigned counsel, the Property is not the subject of any recorded restrictions which would impede the future redevelopment of the Property in a manner consistent with the development densities, intensities and maximum heights permitted pursuant to the FLUM and transect designations requested by Applicant. Further, Applicant does not intend to proffer a covenant in conjunction with this Application. Neighborhood Outreach Applicant worked closely with the City and its administrative and elected leadership to procure the Lease. Said approval was the subject of a public hearing which resulted in the lease's approval following published advertising and notice. In addition to public notice and outreach in connection with the Lease, Applicant has coordinated and been in regular contact with the owner of the abutting site located both north and west of the Property, Qualcon Little River Active Zone Business, LLC, through their land use counsel, Edward Martos, Esq., regarding this Application and shared difficulties each property has grappled with due to the imposition of multiple FLUM and zoning designations in the wake of the approval of Miami 21. Rationale for Change to Existing Classification & Benefit to Neighborhood Applicant's request is made necessary to correct an obvious mapping error by the City which resulted in two (2) manifest errors: (i) the designation of an approximately 25' x 51.6' portion of the Property located immediately west of the Little River Commercial Plaza as Recreation/Civic Space (CS); and (ii) the arbitrary designation of the approximately 25' westernmost portion of the Property as Medium Density Restricted Commercial/Urban Center Zone Open (T5-O) without reference to a platted lot line, tract or subdivision of a lot described by deed or City approved development order consistent with the standards in Chapter 55 of the City Code. These erroneous designations represent a inordinate burden on the Applicant's property rights as they both render the integrated redevelopment of the Property impossible and represent a substantial reduction to the Applicant's property rights as provided under the prior zoning designation. Approval of the Applicant's request will restore the diminished value to the Property resulting from the changes to the zoning atlas with the adoption of Miami 21 and permit the Applicant to procure private financing to embark its immediate plan to reposition the existing commercial structure as space for retail and food & beverage tenancies that express themselves not only along the N.E. 2nd Avenue Frontage, but also towards the Little River Commerce Plaza which the Applicant committed to improve and maintain pursuant to a lease approved by the City Commission via the adoption of Resolution No. 20- SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ 0, MACHADO LLP I SMGQLAW.COM 0144 on May 14, 2020. Finally, approval of the Applicant's request will render the designation of the Property consistent with properties to its immediate east, north and south and staff's recommendation for approval for a nearly identical request for our neighboring property (165 N.E. 80th Terrace) in PZ-20-5966 and PZ-20-6066. Analysis of Consistency with MNCP & Criteria in s. 7.1.2.8.f of Miami 21 1. s. 7.1.2.8.a and b, Miami 21 In accordance with s. 7.1.2.8.a, the requested zoning change represents an successional extension of a transect boundary from T5-O to T6-8-O. Further, the requested rezoning change has been submitted in accordance with s. 7.1.2.8.b's bi-annual cycle. 2. s. 7.1.2.8.c, Miami 21 In accordance with s. 7.1.2.8.c, Miami 21, the Application includes: (a) a survey; (b) the application forms and information required by s. 7.1.2.8.c.2; and (c) aerial maps and photos of the Property's immediate context, a copy of the zoning atlas indicating neighboring properties, and photos of buildings within 300 feet of the Property all required by s. 7.1.2.8.c.3.g. 3. s. 7.1.2.8.f, Miami 21 a. Comprehensive Plan Analysis Pursuant to s. 7.1.2.8(f)(1)(a), Miami 21 The Application will advance a number of the Miami Comprehensive Neighborhood Plari s goals, objectives and policies including, but not limited to: Goal LU-1: Maintain a land use pattern that...protects and enhances the quality of life in the City's neighborhoods...fosters redevelopment and revitalization of blighted or declining area;...promotes and facilitates economic development and growth of job opportunities in the city; [and]... promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods... Analysis: As illustrated in the enclosed photos of the surrounding area and property records, the area surrounding the Property is transitioning from a widely blighted condition to one where existing, commercial structures are being repositioned and adaptively reused in advance of potential redevelopment. Most existing residential in the area is single -use, low- income multi -story, multi -family housing. Lower -scale residential housing in the area (for example west of the Property) primarily consists of non -homesteaded properties with an average of over 70 years. While existing, low -scale commercial buildings along the N.E. 2nd Avenue corridor in this area has struggled with disinvestment and high vacancy rates, in recent years, buildings like the one on the Property on neighboring parcels have been acquired, modernized and placed into service. Examples of recent improvements are documented both on parcels to the Property's north, south, and east. Greater investment and population density would help to accelerate continued improvements to retail spaces along the corridor. Finally, the requested changes and contemplated repositioning of the existing structure would complement the existing character of the neighborhood because: SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ 0, MACHADO LLP I SMGQLAW.COM (1) Redevelopment of the Property will not result in the displacement of any existing residents — the Property is non-residential and has been since approximately 1950 (or 72 years). (2) The immediate neighborhood is designated and currently developed in a manner consistent with Applicant's present development ambitions and its designation request in the Application. (3) The requested Amendments will result in a land use and zoning pattern consistent with designations in all cardinal directions, which areas are designated Restricted Commercial and T6-8-O. Policy LU-1.1.7: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amendable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. Analysis: The Property's neighborhood still lacks a mixed -uses and residential recreational amenities that can attract and service residents at all ranges of the income spectrum. The Applicant's requested designation changes will facilitate the evolution of additional neighborhood -serving retail and food & beverage offerings essential to the neighborhood's continued revitalization. Advancement of the planned improvements will also ensure the timely restoration of the Little River Commerce Plaza which can serve as signature public gathering space for both residents and visitors to the area alike. 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 and widespread abandonment of property, litter and poor maintenance of real property. Declining neighborhoods are defined in 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: Approval of the Application would reinforce the neighborhood recent upward trajectory that has seen the substantial reduction of previously blighted conditions characterized by the prevalence of older commercial structures with major deficiencies and high vacancy rates, as well as litter and the poor maintenance of real property. Approval of the Application will facilitate continued investment in the Property and adjoining public space that will continue to advance the recent momentum related to the area's regeneration through commercial investment. Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ 0, MACHADO LLP I SMGQLAW.COM public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designation. Analysis: As noted above, the requested map amendments will serve to reinforce and accelerate the positive investment trend in the neighborhood that has seen substantial progress in the eradication of blighted conditions through the reconditioning and reuses of older commercial structures along the N.E. 2nd Avenue corridor. Objective LU-1.3: The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well -designed, mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Levels of Service (LOS) adopted in the Capital Improvements Element. Analysis: As noted above, the requested map amendment will facilitate the continued investment in the neighborhood that recently has made demonstrable gains in the eradication of blighted conditions along the N.E. 2nd Avenue corridor. As the Application merely seeks to restore development rights previously ascribed to the Property under Ord. 11000, the request should not result in the reduction in minimum LOS standards. Policy LU-13.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balance mix of uses, including areas for employment, shopping, housing, and recreation in close proximity to each other. Analysis: As noted above, the Property's neighborhood is transition and, in recent years, seen dilapidated buildings, including improvements on the Property, renovated, and improved to provide for the daily needs of area residents and visitors, specifically, opportunities for shopping, dining, employment and recreation. Approval of the requested amendments will support the current investment trend and blight elimination. Objective PR-1.1: The City shall work to achieve a medium -term objective of providing a park within a ten-minute walk of every resident. Analysis: As noted hereinabove, Applicant has procured a Lease for the Little River Commerce Plaza. This pocket park has been inaccessible to the public for approximately 20 years due to prior concerns related to crime and vagrancy within the plaza. Applicant intends to restore and activate the plaza which will advance the City's proximity objective. In addition, the Property is also within a ten-minute walk of two (2) City parks — Oakland Grove Mini -Park and Soar Park — and one (1) park within the Village of El Portal — Sherwood Forest Park. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ 04, MACHADO LLP SMGQLAW.COM b. Need & Practical Justification for Rezoning in accordance with s. 7.1.2.8.f.1.b, Miami 21. As evidenced by the photos accompanying this Application documenting conditions within 300' of the Property, there are signs of neighborhood's progress as it relates to the eradication of blight and increased commercial activity. However, challenges remain that impede investment, including the conditions like that faced by the current Property with multiple FLUM and zoning designations that impede the Property's integrated development. In addition, while recent investment has seen substantial improvements to formerly dilapidated properties within the area, vacancies remain relatively high and were further impacted by the COVID-19 pandemic, particularly in the food & beverage categories. The notable lack of residential density in the area also complicates owner's desires to create a vibrant commercial corridor along N.E. 2nd Avenue given the relative deficit of customers. Finally, the nature of land ownership in the area, which is characterized by small parcels with diffuse ownership, makes the aggregation of parcels to facilitate development particularly challenging in an environment characterized by relatively high land costs, skyrocketing construction costs, and historically blighted conditions. c. Goals of Miami 21 Preserved in Accordance with s. 7.1.2.8.f.2, Miami 21. The proposed rezoning will render the Property's designations consistent with the principal goals of Miami 21 and the City's subdivision regulations. As noted above, the Property has a uniquely peculiar split -zoning designation of T5-O for only the western 25' +/- of the Property. Portions of the Property located east of said T5-O portion and north of the Little River Commercial Plaza are designated T6-8-O for dimension of approximately 147'. For properties located north of N.E. 79th Street with Frontage along N.E. 2nd Avenue, the minimum depth dimension for T6-8-O designation of property at and north of 8241 N.E. 2nd Avenue is approximately 174'. Therefore, the depth of the Property's T6-8-0 designation is substantially shallower than and inconsistent with that of the most conservative dimensions along the corridor (15.6% shallower or 27'). Further, the Application will correct a mapping error and place the T6-8-O transect line along the boundary of a recognized lot subdivision consistent with conditions north of N.E. 82nd Street where the transect line is located on the boundary of a platted lot or the centerline of the right-of-way as required per s. 2.2.5.3, Miami 21. Conclusion Applicant's respectfully request the City's approval of the Application. Approval of this request will serve to correct two (2) mapping errors — the incorrect designation of private property as Recreation/CS and the arbitrary placement of a T6-8-O transect boundary along other than a recognized boundary of a lot of record — and render the Property's condition consistent with similarly situated properties elsewhere along the N.E. 2nd Avenue corridor. Thank you for your time and favorable consideration of this request. We look forward to presenting this request to the Planning, Zoning & Appeals Board and City Commission. Enclosures Sincerely, /s/Javi, r E. Fe.rnewitcLeyk Javier E. Fernandez, Esq. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ 04, MACHADO LLP SMGQLAW.COM Cc: Jacqueline Ellis, Chief of Land Development, Planning Dept. Sue Trone, Chief of Comprehensive Planning, Planning Dept. Ryan Shedd, Planner II, Community Planning Division, Planning Dept. Megan Echols, Planner II, Planning Dept. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ MACHADO LLP SMGQLAW.COM EXHIBIT "A" TABLE SUMMARY OF REQUESTED FLUM & ZONING CHANGES Folio No. Address Lot Size (sq. ft.) Existing FLUM Proposed FLUM Current Zoning Proposed Zoning 01-3112-002- 0011 8032 NE 2 Ave 12,900 Res Comm/Med. Den. Res Comm/Recreation Restricted Commercial T6-8-O/ T5-O/ CS T6-8-O SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP I SMGQLAW.COM PZD-2 REZONING REQUEST ANALYSIS The following analysis has been prepared in response to the questions outlined in the Pre - Application Meeting Summary for PREAPP-21-01925, which meeting occurred on January 11, 2022. Applicant's request if for a change in the existing FLUM designation from Restricted Commercial/Medium Density Restricted Commercial/Recreation to a uniform designation of the Property to Restricted Commercial. Similarly, Applicants requests a change to the zoning classification from T6-8-0/T5-O/CS to a uniform designation of the Property to T6-8-O. Site History & Land Use Designations ■ Prior Zoning Prior to the adoption of Miami 21, the Property also was the subject of multiple zoning designations under the prior zoning code — Ordinance 11000. The previous designations consisted of the following: (i) Parks & Recreation (PR); (ii) Office (0); and (iii) Restricted Commercial (C-1). See a copy of the Ordinance 11000 zoning atlas for the Property hereinbelow. PROPERTY ORD. 11000 ZONING ATLAS The Property's prior zoning designations permitted development of up to 150 dwelling units per acre under both the 0 and C-1 designations. Said designations also permitted development of more than 12 stories (or up to a maximum of 120 feet), which permitted height exceeds the maximum heights authorized under zoning designation imposed by the adoption of Miami 21 and its companion zoning atlas. While under the Ordinance 11000 the Property also had three (3) zoning designations, the designation of portions of the Property as either 0 or C-1 had little practical effect on any future redevelopment of the site given that each designation permitted development densities, intensities and heights that were generally consistent. ■ Current FLUM & Zoning Designations Presently, the Property has three Future Land Use Map (FLUM) designations — Restricted Commercial for the portions of the Property closest to N.E. 2nd Avenue; Medium -Density Restricted Commercial — for the portion of the Property furthest from N.E. 2nd Avenue (approximately the western 25' of the Property); and Recreation — for the portion of Property adjacent to the City park known as Little River Commercial Plaza (approximately 25' immediately west of the park). See a copy of the Property's FLUM hereinbelow. PROPERTY FLUM DESIGNATIONS CIIO:�iQfii�3' CE1C00151.1.3 Similarly, the Property has three (3) zoning designations — Civic Space (CS), Urban Center Zone Open (T5-O) and Urban Core Zone Open (T6-8-O). See a copy of the Miami 21 zoning atlas for the Property hereinbelow. Unlike the prior designations, the designation modifications to T5-O and T6-8-O have a significantly altered the future development conditions of the Property given the substantial differences in densities (65 DUs per acre vs. 150 DUs per acre), intensities (no FLR vs. an FLR of 5), and heights (5 stories/85 feet max. vs. 8 stories/130 feet). These discrepancies, compounded by the CS designation on a portion of the Property render the integrated and cohesive development of the property practically impossible. ■ Historic Use & Intended Use The Property remains substantially unchanged since approximately 1950 when the present improvements, consisting of commercial building of approximately 7,500 sq. ft. +/- in size, were erected on the site. In 2020, Rivercow, LLC executed a lease with the City of Miami for the Little River Commercial Plaza (the "Lease"). Said Lease will result in the completion of a renovated plaza for public use & enjoyment and retail outlets on the Property that will have direct ingress/egress from the Plaza. Presently, Applicant is the process of creating basic renovations to the Property to address the structural and life safety issues that previously plagued the Property while long-term, retail and food & beverage tenancies are secured. ■ Recorded Restrictions & Proposed Covenant Proffer To the best of Applicant's knowledge and that of its undersigned counsel, the Property is not the subject of any recorded restrictions which would impede the future redevelopment of the Property in a manner consistent with the development densities, intensities and maximum heights permitted pursuant to the FLUM and transect designations requested by Applicant. Further, Applicant does not intend to proffer a covenant in conjunction with this Application. Neighborhood Outreach Applicant worked closely with the City and its administrative and elected leadership to procure the Lease. Said approval was the subject of a public hearing which resulted in the lease's approval following published advertising and notice. In addition to public notice and outreach in connection with the Lease, Applicant has coordinated and been in regular contact with the owner of the abutting site located both north and west of the Property, Qualcon Little River Active Zone Business, LLC, through their land use counsel, Edward Martos, Esq., regarding this Application and shared difficulties each property has grappled with due to the imposition of multiple FLUM and zoning designations in the wake of the approval of Miami 21. As the Application advances to public hearing, Applicant will expand its outreach efforts to include other property owners and neighborhood stakeholders in the immediate area. Rationale for Change to Existing Classification & Benefit to Neighborhood Applicant's request is made necessary to correct an obvious mapping error by the City which resulted in two (2) manifest errors: (i) the designation of an approximately 25' x 51.6' portion of the Property located immediately west of the Little River Commercial Plaza as Recreation/Civic Space (CS); and (ii) the arbitrary designation of the approximately 25' westernmost portion of the Property as Medium Density Restricted Commercial/Urban Center Zone Open (T5-O) without reference to a platted lot line, tract or subdivision of a lot described by deed or City approved development order consistent with the standards in Chapter 55 of the City Code. These erroneous designations represent a inordinate burden on the Applicant's property rights as they both render the integrated redevelopment of the Property impossible and represent a substantial reduction to the Applicant's property rights as provided under the prior zoning designation. Approval of the Applicant's request will restore the diminished value to the Property resulting from the changes to the zoning atlas with the adoption of Miami 21 and permit the Applicant to procure private financing to embark its immediate plan to reposition the existing commercial structure as space for retail and food & beverage tenancies that express themselves not only along the N.E. 2nd Avenue Frontage, but also towards the Little River Commerce Plaza which the Applicant committed to improve and maintain pursuant to a lease approved by the City Commission via the adoption of Resolution No. 20- 0144 on May 14, 2020. Finally, approval of the Applicant's request will render the designation of the Property consistent with properties to its immediate east, north and south and staff's recommendation for approval for a nearly identical request for our neighboring property (165 N.E. 80th Terrace) in PZ-20-5966 and PZ-20-6066. Analysis of Consistency with MNCP & Criteria in s. 7.1.2.8.f of Miami 21 1. s. 7.1.2.8.a and b, Miami 21 In accordance with s. 7.1.2.8.a, the requested zoning change represents an successional extension of a transect boundary from T5-O to T6-8-O. Further, the requested rezoning change has been submitted in accordance with s. 7.1.2.8.b's bi-annual cycle. 2. s. 7.1.2.8.c, Miami 21 In accordance with s. 7.1.2.8.c, Miami 21, the Application includes: (a) a survey; (b) the application forms and information required by s. 7.1.2.8.c.2; and (c) aerial maps and photos of the Property's immediate context, a copy of the zoning atlas indicating neighboring properties, and photos of buildings within 300 feet of the Property all required by s. 7.1.2.8.c.3.g. 3. s. 7.1.2.8.f, Miami 21 a. Comprehensive Plan Analysis Pursuant to s. 7.1.2.8(f)(1)(a), Miami 21 The Application will advance a number of the Miami Comprehensive Neighborhood Plan's goals, objectives and policies including, but not limited to: Goal LU-1: Maintain a land use pattern that...protects and enhances the quality of life in the City's neighborhoods...fosters redevelopment and revitalization of blighted or declining area;...promotes and facilitates economic development and growth of job opportunities in the city; [and]... promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods... Analysis: As illustrated in the enclosed photos of the surrounding area and property records, the area surrounding the Property is transitioning from a widely blighted condition to one where existing, commercial structures are being repositioned and adaptively reused in advance of potential redevelopment. Most existing residential in the area is single -use, low- income multi -story, multi -family housing. Lower -scale residential housing in the area (for example west of the Property) primarily consists of non -homesteaded properties with an average of over 70 years. While existing, low -scale commercial buildings along the N.E. 2nd Avenue corridor in this area has struggled with disinvestment and high vacancy rates, in recent years, buildings like the one on the Property on neighboring parcels have been acquired, modernized and placed into service. Examples of recent improvements are documented both on parcels to the Property's north, south, and east. Greater investment and population density would help to accelerate continued improvements to retail spaces along the corridor. Finally, the requested changes and contemplated repositioning of the existing structure would complement the existing character of the neighborhood because: (1) Redevelopment of the Property will not result in the displacement of any existing residents — the Property is non-residential and has been since approximately 1950 (or 72 years). (2) The immediate neighborhood is designated and currently developed in a manner consistent with Applicant's present development ambitions and its designation request in the Application. (3) The requested Amendments will result in a land use and zoning pattern consistent with designations in all cardinal directions, which areas are designated Restricted Commercial and T6-8-O. Policy LU-1.1.7: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amendable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. Analysis: The Property's neighborhood still lacks a mixed -uses and residential recreational amenities that can attract and service residents at all ranges of the income spectrum. The Applicant's requested designation changes will facilitate the evolution of additional neighborhood -serving retail and food & beverage offerings essential to the neighborhood's continued revitalization. Advancement of the planned improvements will also ensure the timely restoration of the Little River Commerce Plaza which can serve as signature public gathering space for both residents and visitors to the area alike. 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 and widespread abandonment of property, litter and poor maintenance of real property. Declining neighborhoods are defined in 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: Approval of the Application would reinforce the neighborhood recent upward trajectory that has seen the substantial reduction of previously blighted conditions characterized by the prevalence of older commercial structures with major deficiencies and high vacancy rates, as well as litter and the poor maintenance of real property. Approval of the Application will facilitate continued investment in the Property and adjoining public space that will continue to advance the recent momentum related to the area's regeneration through commercial investment. Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designation. Analysis: As noted above, the requested map amendments will serve to reinforce and accelerate the positive investment trend in the neighborhood that has seen substantial progress in the eradication of blighted conditions through the reconditioning and reuses of older commercial structures along the N.E. 2nd Avenue corridor. Objective LU-1.3: The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well -designed, mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Levels of Service (LOS) adopted in the Capital Improvements Element. Analysis: As noted above, the requested map amendment will facilitate the continued investment in the neighborhood that recently has made demonstrable gains in the eradication of blighted conditions along the N.E. 2nd Avenue corridor. As the Application merely seeks to restore development rights previously ascribed to the Property under Ord. 11000, the request should not result in the reduction in minimum LOS standards. Policy LU-13.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balance mix of uses, including areas for employment, shopping, housing, and recreation in close proximity to each other. Analysis: As noted above, the Property's neighborhood is transition and, in recent years, seen dilapidated buildings, including improvements on the Property, renovated, and improved to provide for the daily needs of area residents and visitors, specifically, opportunities for shopping, dining, employment and recreation. Approval of the requested amendments will support the current investment trend and blight elimination. Objective PR-1.1: The City shall work to achieve a medium -term objective of providing a park within a ten-minute walk of every resident. Analysis: As noted hereinabove, Applicant has procured a Lease for the Little River Commerce Plaza. This pocket park has been inaccessible to the public for approximately 20 years due to prior concerns related to crime and vagrancy within the plaza. Applicant intends to restore and activate the plaza which will advance the City's proximity objective. In addition, the Property is also within a ten-minute walk of two (2) City parks — Oakland Grove Mini -Park and Soar Park — and one (1) park within the Village of El Portal — Sherwood Forest Park. b. Need & Practical Justification for Rezoning in accordance with s. 7.1.2.8.f.1.b, Miami 21. As evidenced by the photos accompanying this Application documenting conditions within 300' of the Property, there are signs of neighborhood's progress as it relates to the eradication of blight and increased commercial activity. However, challenges remain that impede investment, including the conditions like that faced by the current Property with multiple FLUM and zoning designations that impede the Property's integrated development. In addition, while recent investment has seen substantial improvements to formerly dilapidated properties within the area, vacancies remain relatively high and were further impacted by the COVID-19 pandemic, particularly in the food & beverage categories. The notable lack of residential density in the area also complicates owner's desires to create a vibrant commercial corridor along N.E. 2nd Avenue given the relative deficit of customers. Finally, the nature of land ownership in the area, which is characterized by small parcels with diffuse ownership, makes the aggregation of parcels to facilitate development particularly challenging in an environment characterized by relatively high land costs, skyrocketing construction costs, and historically blighted conditions. c. Goals of Miami 21 Preserved in Accordance with s. 7.1.2.8.f.2, Miami 21. The proposed rezoning will render the Property's designations consistent with the principal goals of Miami 21 and the City's subdivision regulations. As noted above, the Property has a uniquely peculiar split -zoning designation of T5-O for only the western 25' +/- of the Property. Portions of the Property located east of said T5-O portion and north of the Little River Commercial Plaza are designated T6-8-O for dimension of approximately 147'. For properties located north of N.E. 79th Street with Frontage along N.E. 2nd Avenue, the minimum depth dimension for T6-8-O designation of property at and north of 8241 N.E. 2na Avenue is approximately 174'. Therefore, the depth of the Property's T6-8-0 designation is substantially shallower than and inconsistent with that of the most conservative dimensions along the corridor (15.6% shallower or 27'). Further, the Application will correct a mapping error and place the T6-8-O transect line along the boundary of a recognized lot subdivision consistent with conditions north of N.E. 82nd Street where the transect line is located on the boundary of a platted lot or the centerline of the right-of-way as required per s. 2.2.5.3, Miami 21. Conclusion The Application will serve to correct two (2) mapping errors — the incorrect designation of private property as Recreation/CS and the arbitrary placement of a T6-8-O transect boundary along other than a recognized boundary of a lot of record — and render the Property's condition consistent with similarly situated properties elsewhere along the N.E. 2nd Avenue corridor. TABLE SUMMARY OF REQUESTED FLUM & ZONING CHANGES Folio No. Address Lot Size (sq. ft.) Existing FLUM Proposed FLUM Current Zoning Proposed Zoning 01-3112-002- 0011 8032 NE 2 Ave 12,900 Res Comm/Med. Den. Res Comm/Recreation Restricted Commercial T6-8-O/ T5-O/ CS T6-8-O 1/26/22, 3:07 PM Google Maps ' - Hi-.•1Ci .S*'I. 5 NCt?+11t F[]5 f 1 = .I "mirC.E'LflfIC Little W , I-MAD w+TriCitadel i Ilse It�ilel, 4tE dTP.rI I .41 ICrulse America i'Rl/fRental V NE 82nd Terrace Hachidori Ran-ieri Bart IIri t €VE B ntitk orIf+ 41 First Plaza ed MT t NE. 60111 Terrace 77. A..utoZone Auto Parts c5rt kl -er B.& Jarnaa E E 2nd St NE 130111 Louisiana KJtcher1 ' Fasa Fccd • S milli.oe.11s fiLa*v er'� • a r: ]9th ,t kes Ace �'iardwArr ti tt ry lrli ' IHardware'stere z n 4, 1-114 1r ..0 '-,rril 5o en He4ltri, Care s -,�I IS µ f, etropaIEta4l*Truc ing' Irtil,edgip 46, I I Deborah WecsIfrman, De§ r�+wrg Inc{ https://www.google.com/maps/@25.8479391,-80.1873151,1006m/data=!3m 1 ! 1 e3 2/3 Rivercow Building — NE 2nd Avenue Frontage (Recently Restored) Rivercow Building — View from SE of Southern Facade & NE 2 Ave Frontage Little River Commerce Plaza — Current Condition 7924 NE 2 Ave — Single -Story Retail Located Immediately South of Little River Commerce Plaza 7924 NE 2 Ave — Newly Renovated Ground Floor Retail & Building (View looking NE) 7924 NE 2 Ave — Newly Renovated Ground Floor Retail & Building (View looking West along NE 79th St) SW View of Intersection of NE 2 Ave & 79 Street I�I�f01l�LQCQ'�L(�9N�9�f (° 2 egll1=IIIIIIIIIP.1 M 11 11 11 11 1 In 11 ' �1 1- � al PIgliliga ourQ �'1 n11 11 C'1 11 11 1 VG G 11 A n n or �� 11 II 11 11 111 11 AI 111 11 11 11 1 11 11 11 r1 11 11 11 - �1 �Q ltr 11 11 0 11 II 11 fl© Ir 11 11-_-- __ 11 11 11 11 11 11 1111 ENS I@ 11 11 11 11 11 1 11 11 11 11 11 p1 tam 11 11 11 11 11 AI 11 7901 NE 2 Ave — Vacant Ground Floor Commercial Space (SE View) 8017 NE 2 Ave — 7th Day Adventist Church (NE View) NE 2nd Avenue — View South from Little River Commerce Park (NE 2 Ave & 80 Terr) View East along NE 80 Terrace 8038 NE 2 Avenue — View North of Property from NE 80th Terrace 8032 NE 2 Avenue — NE 2 Avenue Frontage East View of NE 80th Terrace 8032 NE 2 Avenue — NE 2 Ave & 82 Street Frontage West View of NE 82nd Street 8200 NE 2 Avenue — NW View , 1. — N Ail 0 11111 ' ''' '.'4'4"..41'-'•"' c AV.) °°""'",'"--rV".',.% ''''''. .S1'014.416-1—=— imimpaissiew 4t. NE View of 201 NE 82nd Street & 8235 NE 2nd Avenue 8163 NE 2 Avenue — Eastern view of NE 2 Ave Frontage City of Miami Planning Department Pre -Application Meeting Summary [REZONES] Pre -Application Meeting ePlan ID.: PREAPP-21-0195 Tuesday, January 11, 2022 General Information Project Manager Name: Megan Echols Title: Planner II Email: mechols@miamigov.com Telephone No: 305-416-1485 Meeting Participants Meeting Attendees: Name Email Telephone number 1. Megan Echols mechols@miamigov.com 305-416-1485 2. Ryan Shedd rshedd@miamigov.com (305) 416-1315 3. Javier Fernandez jernandez@smgglaw.com 605-751-2274 4. Alexandra Cimo acimo@smgglaw.com - 5. Sue Trone strone@miamigov.com - 6. Jacqueline Ellis jellis@miamigov.com - About the Property Property Information: Applicant /Property Owner: Saul Levy Contact Info: contact representative Owner Representative: Javier Fernandez, esq Contact Info: Jfernandez@smgglaw.com Commission District: D-5 (Commissioner Jeffrey Watson) (*now Christine King*) Neighborhood Service Center (f/k/a NET District): Little Haiti Svc Area Properties involved: 1. 8032 NE 2 Avenue 1 City of Miami Planning Department Pre -Application Meeting Summary Information to Review for All Applications Do any of the properties involved fall within the following areas? (Select Yes/No) 1. A DRI area: No 3.An Historic designated area: No 5. A High Hazard Area: No 7. A CRA: No 9. Miami River: No 11. Little River: No 13. Regional Activity Center: Buena Vista Yards or Health District Regional Activity Center (DHRAC): No 2. Urban Central Business District : No 4. Residential Density Increase Areas: No 6. Edgewater Intensity Increase Area: No 8. Health/Civic Center District: No 10. Wellfield Protection Area: No 12. An Arch. or Environmental Protected Area: No If the answer to any of the above is yes, consider if there are any special considerations relative to the above. Submitting applications/pre-applications into ePlan. - Be mindful of the City's online checklists. These provide guidance as to specific requirements, especially important administrative requirements for successful applications. Important updates are made from time to time. Be sure to use the checklists that are accessed online and avoid saving checklists locally so that you avoid relying on outdated information. Become familiar with the naming conventions that are referred to on the checklists. Failure to comply with these naming conventions will significantly delay your application. Use the Pre -Application meeting time to ensure there is clarity on naming conventions. - Access information on checklists here: https://www.miamigov.com/Services/Building- Permitti nu/Permittinu-Forms-Documents Rev. 5/1912021 2 City of Miami Planning Department Pre -Application Meeting Summary Rezone Request For requests to change the Future Land Use Map (FLUM) or the Zoning Atlas, summarize the request in the table below. # Address Lot Size (sq. ft) FLU designation Zoning classification Existing Proposed Existing Proposed 1 8032 NE 2 Avenue 12,900 Res Com./ Med D Res Com/ Recreation Restricted Commercial T6-8-O/ T5-O/ CS T6-8-O Sub -Total and Total per request 12,900 Is a single change to the zoning atlas requested? Same rezoning for all properties Is the requested Transect Zone compatible with No the existing FLU designation? FLU change requested, if any? FLU change required for rezone? Analysis for Code Compliance Compliance with Section 7.1.2.8 (a Yes Yes Criteria Yes No Is the rezoning proposed to a lesser Transect Zone? 0 Is the rezoning proposed within the same Transect Zone to a greater or lesser intensity? ❑ 0 Is the rezoning proposed to the next higher Transect Zone? 0 Is the rezoning proposed through a Special Area Plan? ❑ 0 Compliance with Section 7.1.2.8 (c The rezoning of property(ies) Yes No Involve(s) an extension of an existing Transect boundary 0 ❑ Involve(s) more than forty thousand (40,000) square feet of land area ❑ 0 Has two hundred (200) feet of street Frontage on one (1) street. ❑ 0 Rev. 5/1912021 3 City of Miami Planning Department Pre -Application Meeting Summary Table for Reviewer Reference- Successional Zoning TRANSECTZONE FIR SUCCESSIONAL ZONE FLR T1 -- T1 -- T2 N/A -- T3 -- T4, CI — T4 -- T5, CI — T5 -- T6-8, CI 6 T6-8 5 T6-12, CI 8 T6-12 8 T6-24a, CI 7 T6-24a 7 T6-24b,T6-36a, CI 16 T6-246- 16 76-36a, CI 12 T6-36a 12 T6-6t3a CI 11 T6-48a 11 T6-60a, CI 11 T6-60a 11 T6-60b, CI 18 T6-48b. 18 T6-60b, CI 18 T6-366 22 T6-60b, CI 1.8. T6-60b 18 N/A, CI -- T6-80 24 N/A, CI -- CI -- Abutting Zones CI -HD 8 T6-24 7 D1 -- T6-8", T5, CI, D2 5 (T6-8)'or— all others D2 -- 01, CI -- 03. -- T6-81, T6-3 O. CI -- * The Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity Compliance with Section 7.1.2.8 c.2 Note: Yes * implies partial compliance. Some modifications may be required. Rev. 5/19/2021 4 City of Miami Planning Department Pre -Application Meeting Summary Correspondence Table: Zoning and Future Land Use Map, for Reviewer Reference Transect Miami 21 Transect October 2009 MCNP Future Land Use DU/ AC (Max) T3 (R, L) Sub -Urban Single -Family Residential 9 du/ac T3 0 Duplex Residential 18 du/ac T4 R General Urban Low Density Multifamily Residential 36 du/ac T4 (L, 0) Low Density Restricted Commercial 36 du/ac T5 R Urban Center Medium Density Multifamily Residential 65 du/ac T5 (L, 0) Medium Density Restricted Commercial 65 du/ac T6-(8 — 48) R Urban Core High Density Multifamily Residential 150 du/ac T6-(8 — 48) L, 0 Restricted Commercial / General Commercial D1 Work Place Light Industrial 36 du/ac D2 Industrial Industrial N/A D3 Marine Industrial N/A T6-80 (R, L, 0) Urban Core Central Business District 1000 du/ac CI Civic Institutional Major Institutional, Public Facilities, Transportation, And Utilities 150 du/ac CI HD Civic Institution — Health District Major Institutional, Public Facilities, Transportation, And Utilities 150 du/ac CS Civic Space/Parks Public Parks And Recreation N/A Commercial Recreation N/A T1 Natural Conservation N/A Items to Address in a Pre -Application Meeting for a Rezone, SAP (FLUM if applicable Questions and Discussion Items during Pre- Application Meeting City Staff Comments/Feedback for Final Submittal 1. Will a covenant be proffered? Not expected 2. What is the history of the site (e.g. are there any existing covenants, liens, other encumbrances?) Respond to the question to the left upon submission of formal application. Rev. 5/1912021 5 City of Miami Planning Department Pre -Application Meeting Summary 3. Has any neighborhood outreach occurred? Please summarize. Contact the relevant Neighborhood Service Center for assistance. Respond to the question to the left upon submission of formal application. 4. Include in your analysis an explanation of why the existing zoning classification is inappropriate for the subject property(ies), and how this request will benefit the immediate neighborhood or the entire city. Respond to the question to the left upon submission of formal application. 5. Is the surrounding neighborhood a stable area or is it changing? Substantiate. Respond to the question to the left upon submission of formal application. 6. Explain the relationship of the proposed amendment to the goals, objectives, and policies of the MCNP, with appropriate consideration as to whether the proposed change will further the goals, objectives, and policies of the MCNP, Miami 21 Code, and other City regulations (Sec. 7.1.2.8.f). Respond to the question to the left upon submission of formal application. 7. Elaborate on the need and justification for the proposed change, including changed or changing conditions, that make the passage of the proposed change necessary. Respond to the question to the left upon submission of formal application. 8. If the request involves a density increase, the application will require a test of school concurrency. Staff will automatically submit this. Be sure to timely pay your fees to Miami -Dade County Public Schools to prevent delays. Respond to the question to the left upon submission of formal application. 9. Review the City's updated checklists online. The checklists are updated from time to time —be sure to use the checklists from the City's website (do not rely on copies you may save locally). We have supplied naming conventions. Be sure to strictly follow the naming conventions as listed on the checklists for all applications. Respond to the question to the left upon submission of formal application. Rev. 5/1912021 6 City of Miami Planning Department Pre -Application Meeting Summary Comments from Other Disciplinef If staff from other City Departments have reviewed materials provided by the applicant for this Pre -Application Meeting, the Project Manager shall present all comments here, as applicable. NOTE: All comments are merely provided for consideration for an eventual application submittal and they do not construe any approval nor do they imply future approval. Department Status Notes, if applicable (Paste from Project Dox) Environmental Resources N/A N/A Planning Department See Notes Comprehensive Planning (FLUM Amendment) • Pursuant to MCNP Transportation Policy TR-1.3.3, at the time of development or redevelopment, a Traffic Statement will be required if 20 or more peak hour trips are generated. • Ensure continued coordination with surrounding property owners • Please refer to the Comprehensive Plan Amendment checklist for required documentation and how it must be prepared Land Development • Zoning Administrator thinks that there are map errors and that the property should not be zoned CS. Zoning Department N/A N/A Historic Preservation N/A N/A Resilience and Public Works N/A N/A Building Department N/A N/A Additional Discussion and Special Recommendations Additional Discussion Planner should detail any additional information discussed during the meeting here. Be sure to include any questions raised by the prospective applicant and any requests for additional information that may need to be provided after the conclusion of the meeting. • Does the Property owner truly own CS lands • Is there any ability for Private Owners to rezone CS lands • The applicant can move forward with the Application due to the determination made by the Zoning Administrator. Special Recommendations Rev. 5/1912021 7 City of Miami Planning Department Pre -Application Meeting Summary Planner should detail any special recommendations that were made during this meeting. Recommendations may include the provision of additional information from the prospective applicant, the application of additional permits, changes (i.e., in the event a prospective applicant has assumed a specific permit is needed to accomplish a desired outcome, if a different approach may accomplish the outcome, that information should be detailed here). Recommendations for correspondence from other agencies or neighborhood associations should be detailed here. N/A Planner Certification of Pre -Application Meeting The signed copy of this form certifies that you, Javier Fernandez, Esq, have attended a Pre -Application meeting to discuss your interest in FLUM & Rezone Amendments. If you are eligible for the permit you seek, you may qualify for a $250 credit toward the application fee if you submit your application within 90 days from your Pre - Application Meeting. Failure to submit that application within this time period will result in the forfeiture of any credit due to you from this meeting toward your application fees. Please note, neither your attendance to this meeting nor the comments here construe the City of Miami's approval of your request. Be sure to include this document with your application submittal to ePlan as your Pre -Application Form. If you have additional questions, please contact me at the email address listed on the front page of this document. The City of Miami looks forward to working with you on this application and we are happy to assist you in any way we can. Sincerely, Digitally signed Echols/Megan by Echols, Date: Megan 2022.01.19 16:44:16 -05'00' Megan Echols Planner II Rev. 5/1912021 8 Existing Zoning Transact Designation(s) T6-S-0 T5 —O 1 January 25, 2022 1:564 0 20 40 80 ft I 0 5 10 20 m Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, © 2021 City of Miami, Department of Innovation and Technology, GIS Team , © 2020 City of Miami, Department of Innovation and Technology - GIS Team, Planning Department City of Miami Planning and Zoning Proposed Zoning Transect Designation January 25, 2022 Urban Core Transact Zone Open (T6-8-O) 1:564 0 20 40 80 ft 0 5 10 20 m Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, © 2021 City of Miami, Department of Innovation and Technology, GIS Team , © 2020 City of Miami, Department of Innovation and Technology - GIS Team, Planning Department City of Miami Planning and Zoning zs o crapoic Scaie5 Scale In teat lea 42. (A Portion of Tract A) DOBBS BUSINESS CENTER (P.B. 53- PG. 73) Commereol Building No 8038 //2 N89°SA'63^E I]2.00'� fi /20 00 2 i& 2 9°54'S5"E. 50.0 2' Curb &Gutter undil Requested Zoning Designation: Urban Core Zone open (T6-8 0) N89°54'S3'E 122.00' NOT A PART OF THE SURVEY CITY OF MIAMI PARK N.E. BOTH TERRACE Pavement LOCATION MAP IVIIIVuI"°" 'O1011lllpp Scale: N.T.S IIIIIII VVI TRACT 'A' NOT A PART OF THE SURV CIry OF MIAMI PARKJ #E. O LEGAL DESCRIPTION Thot part of Troct A of DOBBS BUSINESS CEMER occordng to the Plat thereof os recorded in Plat Book 53 at Page 73 of the Public Records of Miomi-Dade county Rondo mare particulorly desenlged as folbws Begin et the mast rerNSoumeanern.Comerofsod Trod- A. thence NIDrtheost Second Avenue o did -once of 60 feet of sad troct o o did -once of 172 feet thence M1e;nadstonceo Westerly o intonnttneline of sad Tract A odstonce of . cSo. Line of sad Trod- fA thence North . thence Eost bng the the BounderBound., of sad Tract A 51. feet. o Corner of sod cfA thence Fssterly obng the So. Boundary line of sold Trod -A �a did -once of 122 feet to the Point of Beginning SURVEYOR'S NOTES TI The captioned Property was surveyed and described based once awve Legol Descripton furnished byClent aI This only for the lands as described. Ifis not a CertAeafon ofTitle _Zoning, Easements_ sriFreedom a omo ncum rences. VI recordsere may . odel,onol Restnetions not shown on this Surveythot may. found mite Public rumen - area eproper, ACTOFTITLE will hove to ee made to determine recorded r ai Ownershlpsubact m OPINION OF TITLE g Type of survey SURVEY' SKETCH. el Reosonoble efforts made to the existence ond loceton of the olgove ground Ufilfies This Firrr does not accept eiury for onv Underground information Before excavator or constructor es for TaTM1 property 6Un n located wdM1 fia Fbd Fa,ordAreaas defined by Federal Insurance 650L302&If, L Food Zone'X' -Base Elevation N/A. Mop eSeptem r 11 2009(Revised) e1 This Plan OFF SURVEY,M1 exclusive use of the enM1M1es named hereon The .. party e ae ro e does rear oa paTry 0 unnamed sj Cr Indieotes Ezeting Elevations. Tol Eevaons ore referred, one r eo etc ea um 1429.(NG V.0) 11) Bench Mark (Used) OM. ND - R19. Crtyof Mom Elevation: ZCSfeet. 12) Beorings shown hereon are lxised onCenterline of SW 27th Avenue 13) Zoning, Zoned - Undergrounds Easeme d fits (not in Plat) oRightof-Ways efcto d verified dd/orobfainedbrowner Arc M1decf or Builder before desgn or construcfbn. 14) TProd-ice ((5,7051)-is 10A00001eut to acre kr12yobtainatlbydmzasuremzntadcalZulatO ofaclbed geome'tric figure wos found exceed this requirement 15) CiNof Miami rtshould be verified and/oruobtai obtained by owner Architect or Builder beforendesgn or construucton. FOR THE BENEFIT OF'. I) Rlvercow, LLC REV 8iONB AnnREV ATiONB Plan of Survey Sketch peM M1nd/ordere , Ho rre pe� eti ed n NOTe 0zelru aAiseD MBOssED SEA PresEmT aslemATuaEAND III II MARIO PRATS JR. 8e ASSOCIATES, INC. ose oeserl Hen srv. ,e^® ������� �� �Ne.=.e ��y �� �� s D. BJOB Y' NUMBEI P'°`e44 eHMeane„ee rme ease Hesrs/zoiP Fe//iP MP III 31126 t 0f t eFEE EXHIBIT "A" LEGAL DESCRIP Property Address: 8032 NE 2nd Avenue Miami, FL 33138-4404 Folio No.: 01-3112-002-0011 Description: This submittal needs 10 be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the public hearing to render a recommendation or a final decision. That part of Tract A of DOBBS BUSINESS CENTER, 'Y s/28/2024 �`V orded � in Plat Book 53 at Page 73 of the Public Records o gyp Q a 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. 11ulllllllllllllllm1illllllllllllllm11 110011111111111111, Mr. Cesar Garcia -Pons, Director Department of Planning City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 MARIO PRATS SURVEYO Re: Rivercow, LLC — 8032 NE 2nd Avenue, Miami, Rezoning Applications Survey Sketch of Existing & Proposed FLUM and Zon This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making body will review the information at the pubtic hearing to render a recommendation or a final decision. Dear Mr. Garcia -Pons: I am licensed surveyor retained by Rivercow, LLC to prepare survey submittals in conjunction with their proposed applications to amend the FLUM and zoning designation of the Property. Presently, the Property has three (3) different FLUM and zoning designations and Rivercow, in an effort to satisfy the City's application requirements, asked that we prepare a sketch of the existing condition describing the portions of the site designated either Recreation/CS, Med. Den. Restricted Commercial/T5-O, and Restricted Commercial/T6-8-O and the corresponding square footages for such portions of the site. From our review of the zoning atlas, it appears that the existing boundaries for the FLUM/Zoning Transect lines do not follow any recognized lot or boundary lines and does not seemingly correspond to any monuments in the field. The lack of such objective reference points will not allow us to prepare an accurate description of the existing condition and corresponding square footage of such designated areas. Therefore, we cannot provide a certified sketch of the existing FLUM/zoning designations of the property without further information from the City, if satisfactory information exists that can confirm the actual placement of such FLUM/zoning boundaries as reflected in the current FLUM/zoning atlas. Should you have any questions regarding this correspondence, please do not hesitate to contact me. Respectfully submitted, By: Mario Prats III PSM 52 S.W. 81st Avenue, Miami, Florida 33144 Voice: 305-551-6000 — Fax: 305-265-9480 E-mail: docs@pratssurvey.com This Instrument Prepared by: Lorene Seeler Young, Esquire Lorene Seeler Young, P.A. 9124 Griffin Road Cooper City, Florida 33328 File Ref: 18-0184 / IR ive rcow Property Appraisers Parcel Identification (Folio) Numbers: 01-3112-002-0011 CF1: 20180578285 BOOK 31151 PAG DATE:09.%2112018 09:11.20 AM DEED DOC 9,000.00 SURTAX 6:.750.00 HARVEY RUVIN, CLERK OF COURT, 1v11A-DADS CTY WARRANTY DEED SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made the 1144" 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 surn 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.,P.A.IPROFIT SHARING PLAN Witness #1 Signature Zbi otio 0. LID/9 Witness #1 Printed Name o .e.J G ay 4 Witness #2 Si nature LORENE SEELER YOUNG Witness #2 Printed Name STATE OF FLORIDA COUNTY OF BROWARD By: MICHAEL WEINER M.O., P.A., A Florida Corporation, Trustee By: MI HAEL WEINER, President The foregoing instrument was acknowledged before me on September / % , 2016 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 al produced a valid driver's license ❑ produced the following as identification: .),.0.A-di 1 a-0J Ala Notary Pus, c LORENE S ELER YOUNG My Commission Expires: LORENE 8EELER YOUNG MY COMMISSION 1 FF 18a352 EXPIRES; October 21, 2618 �f 9onded 7hfu Notary Puh x ilnderurters 7/27/22, 10:44 PM https://secure35.ipayment.com/Miami/my/0/print_version.htm?DOUBLESUBMIT= WYFKcDB19F%2fJ%2f2E%2by9vlTOxdd9TIPQaCjg1tKPQ282A°k3d TRANSACTIONS Department of Finance Online Payments Receipt Your Reference Number: 2022208001-738 07/27/2022 10:39:46 PM Web_user If you have a Transaction ID, please click here 2022208001-738-1 $10,000.00 TRANS ID: 895825 BUSINESS NAME: COM Lien Search $10, 000.00 FEE NAME: REZONING CHANGES FROM ANY TRANSECT (EXCEPT T3 ) TO T6 OR CI -HD - UP TO 2 ACRES PAYMENT American Express Credit Sale TOTAL AMOUNT: $10, 000.00 $10,000.00 CARD NUMBER ***********1009 LAST NAME: Fernandez 1111 II 11111 II II i CE2022208001-738 https://secure35.ipayment.com/Miami/my/0/print_version.htm?DOUBLESUBMIT= WYFKcDBI9F%2fJ%2f2E%2by9vlTOxdd9TIPQaCjg1tKPQ282A°k3d 1/1 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 895825 Transaction Date: Jul 22 2022 10:58AM Permit Number: PZ2215069 FEE SUMMARY Rivercow LLC 19790 DIXIE HIGHWAY (305)770-4440 Fee Category Fee Code Fee Description Quantity Unit Type Amount PLANNING MS-373 REZONING CHANGES FROM ANY TRANSECT (EXCEPT T3) TO T6 OR CI -HD - UP TO 2 ACRES 1.0000 SQ. FT. $10,000.00 Total: S 10,000.00 Rev. Jul/02/2012 Generated on Jul/22/2022 10:58 AM