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HomeMy WebLinkAboutO-12391J -03-043(a) 7/17/03 (CCM) 12391 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 30 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM (C-2) "LIBERAL COMMERICAL" AND (R-1) "SINGLE FAMILY RESIDENTIAL" TO (C-2) "LIBERAL COMMERCIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 536, 602-08, 690 NORTHWEST 57TH AVENUE, AND 601, 605, 611, 631 AND 641 NORTHWEST 57TH COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A"; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Page 30, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from (C-2) "Liberal Commercial" and (R-1) "Single Family Residential" to (C-2) "Liberal Commercial" for the 12391 properties located at approximately 536, 602-08, 690 Northwest 57TH Avenue, and 601, 605, 611, 631 and 641 Northwest 57TH Court, Miami, Florida, legally described in attached "Exhibit All except for a five foot strip of land along NW 57th Court and a five foot strip of land along the southern boundary of lot 7 (shown on attached "Exhibit A") which land shall remain R-1 Single Family Residential zoning. Section 2. It is found that this Zoning designation change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) will not materially alter the population density pattern or increase or overtax the load on public facilities such as the said school; and (e) is necessary due to the inconsistency with the current zoning and the actual use of the properties. Section 3. Page No. 30 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Page 2 of 4 12391 Ordinance, is amended to reflect the changes made necessary by this Amendment. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to 163.3187 (3) (c) , Fla. Stat. (2002) .1/ PASSED ON FIRST READING BY TITLE ONLY this 22nd day of May , 2003. 1� This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 3 of 4 12391 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 17th day of July , 2003. ATTEST: Zz �. PR CILLA A. TfIOMP90fi CITY CLERK APPROVF,EI AS jW FO,RM AND CORRECTNESS: VILAR I�' _" NEY yc 81:YMT:smg a44wwo 0 UEL A. DIAZ, MAYOR Page 4 of 4 12391 EXHIBIT "A" N.W. 7th STREET LOCATION MAP SCALE= 1" = 300' LEGAL DESCRIPTION: ALL OF LOTS 2,3,4,5 AND 6, TOGETHER WITH A PORTION OF LOTS 117,23,24,25,26,27,28,29 AND 30, BLOCK 17 OF "WEST FLAGLER PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8 AT PAGE 96 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE WEST LINE OF SAID BLOCK 17, SAID POINT LYING 20.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 7; THENCE NORTH 00'01'02" WEST ALONG SAID WEST LINE 235.79 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 36'30'27" AN ARC DISTANCE OF 15.93 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 7TH STREET; THENCE NORTH 89'37'19" EAST 168.75 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 90'22'42" AN ARC DISTANCE OF 78.87 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTHWEST 57TH AVENUE AND THE POINT OF TANGENCY; THENCE SOUTH 00'00'01" EAST ALONG SAID WEST RIGHT-OF-WAY LINE 240.89 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 23; THENCE SOUTH 89'46'20" WEST ALONG SAID SOUTH LINE 101.96 FEET TO THE WEST LINE OF SAID LOT 23 ;THENCE NORTH 00'00'32" WEST ALONG SAID WEST LINE OF LOT 23 AND ALONG THE WEST LINE OF SAID LOT 24 FOR 40.00 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 7; THENCE SOUTH 89'46'20" WEST ALONG SAID SOUTH LINE OF -THE NQRTH 20.00 FEET OF LOT 7 FOR 121.96 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 59,704 SQUARE FEET (1.3706 ACRES). �2� ITEM PZ 10 SECOND READING ZONING FACT SHEET Case Number: 2002-0613 16 -Dec -02 Item 2 Location: Approximately 536, 602-08, 690 NW 57"' Avenue & 601, 605, 611, 631, 641 NW 57th Court Legal: (Complete legal description on file with the Department of Hearing Boards) Applicant: Ben Fernandez, Esquire, on behalf of Florida Union Land Corporation and Sime Corporation 200 South Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 Zoning: C-2 Liberal Commercial R-1 Single -Family Residential Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations from C-2 Liberal Commercial and R-1 Single -Family Residential to C-1 Restricted Commercial. Purpose: This will allow a unified commercial development site. Recommendations: Planning & Zoning Dept.: Recommended denial. Public Works: No comments. Plat and Street Committee: N/A. Dade County No comments. Enforcement History, If any Case No: Last Hearing Found Violation(s) Ticketing Action: Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded Comply Order CEB Action: History: On November 20, 2003, the Planning Advisory Board recommended approval to the City Commission on the Change of Comprehensive Neighborhood Plan by a vote of 6-2. Analysis: See supporting documentation. Zoning Board Resolution: ZB 2002-0651 Zoning Board: Recommended denial to City Commission. Vote: 4-2 City Commission: Denied First Reading on January 23, 2003. Reconsidered by motion 03-151 on February 13, 2003. Continued from City Commission of March 27, 2003. Passed First Reading on May 22, 2003. 12391 ANALYSIS FOR ZONING CHANGE Approximately 536, 602-608, 690 NW 57th Ave. & 601, 6059 6119 631, 641 NW 57b Court CASE NO: 2002-0613 Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for an amendment to the Zoning Atlas has been reviewed as follows: The request is to change the Zoning designation as follows: Ten (10) lots at the west half of the block bounded by NW 5th and 6th Streets be- tween NW 57th Ave. and 57th Ct. (complete legal description on file with the Office of Hearing Boards), from C-2 "Liberal Commercial' and R-1 "Single -Family Resi- dential to C-1 "Restricted Commercial'. The following findings have been made: • It is found that the current designation of the east part of the subject property is C-2 "Liberal Commercial". • It is found that a change to C-1 "Restricted Commercial" could be a logical extension of the designation immediately north and it is also found that the change could be beneficial to the area in providing development of commercial activities that serve the daily retailing and service needs of the public especially if it is located along 5701 Avenue, a major arterial roadway. • It is found that the current designation of the west part of the subject property is R-1 "Single Family Residential" and is facing NW 570' Court. It is found that the character of NW 57th Court is residential. • It is found that a change in the designation will represent a commercial intrusion into a stable residential neighborhood. Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. 12391 ANALYSIS FOR ZONING CHANGE Yes No N/A ❑ W ❑ ❑ © ❑ ❑ © ❑ ❑ o ❑ ❑ O ❑ ❑ a ❑ O DD ❑ ❑ a ❑ ❑ W ❑ ❑ 0 ❑ ❑ O ❑ ❑ S? ❑ ❑ O ❑ ❑ ❑O ❑ ❑ O ❑ ❑ a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CASE NO. 2002-0613 In harmony with Comp. Plan; does not require amendment. In harmony with established land use. Is related to adjacent and nearby districts. Is within scale with needs of neighborhood or City. Maintains similar population density pattern. Existing district boundaries are illogically drawn. Changes or changing conditions that make change necessary. Positively influences living conditions in neighborhood. Has similar impact on traffic; does not affect public safety. Has similar impact on drainage. Has similar impact on light and air to adjacent areas. Has similar impact on property values in adjacent areas. Contributes to improvement or development of adjacent property. Conveys same treatment as to owners within same classification. Property is unfairly limited under existing zoning. Difficult to find other adequate sites in surrounding area. 12341 •IIr - mew � a0 'p© 1� ®s ©®'a !gym o■� ©m �■ ® � m •,� m esse` st zu® s�� mo■ a® a� d a® ms am mo a® - tov eo111111a ® Kwwwrm m® o ® ® O 0 - S mv tea® oML7 iv� vsra Q ® ■ "09 60 i Q ® �- - �0 0® . z 0111113V M sm [ ' % 9 ® ®0 ®® �Wts �a manm ©® �a �. 1111110111 .gym !�7® NOW Clrr 1.._-L EG END �• m BOB : i r—T` ��`_ tMrTs_ am 'A MIAMI CITY ': c 9 TRACT (/�RAILP- 3 � �••L 1. I, I �< 1= b - 0111 oil, 11 s - •1 1 i ; . GOV'T OR,.EXCFSS LOT I AIRF PLAZA 7t+eT BLUE L CENTRE fPST-AD — y 1 .� ' ��89��9���i yc� �ii9i oT iiiII lCI!! ACT ' S E V E HUMBLE i. '.6. 13 14 10 I`7 .1, .Ip 20. 21 22 23 SUB. 7RACT TOAQ I 3 = r �, R' D E N H' 0 o • — A80011 } a.. 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N H u . 17 1{ q I 13 N 1• 17 17 N e • `_ 13 - 12 11 7 1 1♦ 17 1{ , • 1 li H 1{ ti S T. 3 - mew a0 'p© 1� ®s ©®'a !gym o■� ©m �■ ® � m •,� m esse` st zu® s�� mo■ a® a� d a® ms am mo a® - tov eo111111a ® Kwwwrm m® o ® ® O 0 - S mv tea® oML7 iv� vsra Q ® ■ "09 60 i Q ® �- - �0 0® . z 0111113V M sm [ ' % 9 ® ®0 ®® �Wts �a manm ©® �a - mew a0 'p© 1� ®s ©®'a !gym o■� ©m �■ ® � m •,� m esse` st zu® s�� ® - tov eo111111a ® Kwwwrm m® o ® ® O 0 - S mv tea® oML7 iv� vsra Q ® ■ "09 60 i Q ® �- - �0 0® 0111113V [ ' % 9 ® �v ® •.� �. 1111110111 .gym !�7® NOW � vELM �• m BOB mm am - 1� ®s ©� a® o■� ©m .vim. o � ©m •,� 0© ® tov eo111111a ® Kwwwrm m® o ® ® O 0 - S mv tea® oML7 vsra Q ® ■ "09 60 i Q ® �- - �0 0® 0111113V [ ' % 9 ® i i© Im ® !�7® NOW � vELM �• 0111 oil, 11 F . i��..�•������ o»� ��89��9���i �ii9i oT iiiII lCI!! � � � `�r`"� �`�'�j,'�'k,:^'Y3��°,�3b�'�'7! .�� �(�� .�^e.7f r. "'��•�'i'°,r"t'' var.,;• _rn� Y.,'l� _ � :S :+Kt � x;'moi '� ti �'. ii' 1�tM) �'• t t -84 �IQ Alt t v y 44w� $ 7 gyp q F�• 4 t' Ir - r '�'p�A�xi+ mr'�" _ Y� �.4.tti• *2� C � Y f: >+y Miami Zoning Board Resolution No.: 2002-0651 Monday, December 16, 2002 Mr. Allan Shulman offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 30, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-2 LIBERAL COMMERCIAL AND R-1 SINGLE FAMILY RESIDENTIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 536, 602-08, 690 NORTHWEST 57TH AVENUE, 601, 605, 611, 631 AND 641 NORTHWEST 57TH COURT, LEGALLY DESCRIBED AS THE NORTH 1/2 OF LOT 23, ALL OF LOTS 24 AND 25, LESS THE EAST SIX FEET OF ALL LOTS, BLOCK 17, WEST FLAGLER PARK (8-90), AND LOTS 1, 2, 3, 4, 5 AND 6, NORTH 20 FEET OF LOT 7, LOTS 26, 27, 28, 29 AND 30, BLOCK 17, WEST FLAGLER PARK (8-96), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL AND R-1 SINGLE FAMILY RESIDENTIAL. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr. Fredric B. Bums Mr. Charles J. Flowers Mr. Joseph H. Ganguzza Mr. Charles A. Garavaglia Ms. Ileana Hemandez-Acosta Mr. Humberto J. Pellon Mr. Juvenal A. Pina Mr. Allan Shulman Mr. Angel Urquiola Mr. Georges Williams AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 4-2 Away Away No Yes Away No Yes Yes Away Yes 4 1 Teresita L. Fernandez, Executive Secr pfary Hearing Boards Case No. 2002-0613 Item Nbr: 2 12391 EXHIBIT "A" N.W. 7th_ STREET J Q Z ut'' LOCATION MAP SCALE= 1" = 300' LEGAL DESCRIPTION: ALL OF LOTS 2,3,4,5 AND 6, TOGETHER WITH A PORTION OF LOTS 1,7,23,24,25,26,27,28,29 AND 30, BLOCK 17 OF "WEST FLAGLER PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8 AT PAGE 96 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE WEST LINE OF SAID BLOCK 17, SAID POINT LYING 20.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 7; THENCE NORTH 00'01'02" WEST ALONG SAID WEST LINE 235.79 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 36'30'27" AN ARC DISTANCE OF 15.93 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 7TH STREET; THENCE NORTH 89'37'19" EAST 168.75 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG TME ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 90'22'42" AN ARC DISTANCE OF 78.87 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTHWEST 57TH AVENUE AND THE POINT OF TANGENCY; THENCE SOUTH 00'00'01" EAST ALONG SAID .WEST RIGHT-OF-WAY LINE 240.89 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 23; THENCE SOUTH 89'46'20" WEST ALONG SAID SOUTH LINE 101.96 FEET TO THE WEST LINE OF SAID LOT 23 ; THENCE NORTH 00'00'32" WEST ALON.G SAID WEST LINE OF LOT 23 AND ALONG THE WEST LINE OF SAID ..LOT 24 FOR 40.00 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 7; THENCE SOUTH 89'46'20" WEST ALONG SAID SOUTH LINE OF !HE NORTH 20.00 FEET OF LOT 7 FOR 121.96 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 59,704 SQUARE FEET (1.3706 ACRES). Sent By: Bercow & .Radell; 305 377 8226; Nov -8-02 1:47PM; Page 212 PLANNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION 444 SW V Avenue, r Floor • Miami, Florida 33130 Telephone 305.4101480 • Fax 305.416-2035 APPLICATION FOR AMENDMENT TO ZONING ATLAS AND/OR OVERLAY DISTRICT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3300 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CrTY COMMi3S1oN. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE- APPLICATION HEAPPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED W BLACK INK IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. I, ---.Ben Fernandez. Esq., on behalf of the Owners Florida Union Land Corp., and Sime Co_r�o _,ration , hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, fumish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 690 NW 57 Avenue; 602-08 NW 57 Avenue, 601 NW 57 Court. 536 NW 57 Avenue, 605 NW 57 Court, 641 NW 57 Court, 631 NW 57 Court, 611 NW 57 Court. 2. Folio number. 01-40014003-3050. 01-4001-003-3042. 014001-003-3041, 01-4001-003 3040, 01-4001-003-3030. 01.4001-03-2890, 014001-993-2900, 01-4001-003-2910, 01. 4001-003-2920, 01-4001-003-2921.01-4001-003-2922. 3. Two 11x17" original current surveys prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 5. Certifred list of owners of real estate within a 500 foot radius of the outside boundary of the subject property (see pages 5 and 6). 6. At least two (2) photographs that show the entire property (land and improvements). 7. An 8 % x11' copy of all exhibits that will be presented at the hearing shall be attached to Oft application. Rev. 06M4W 12391 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Statement explaining why present zoning designation is inappropriate. The narrow string of C-2 lots along NW 57' Avenue can not accommodate a neighborhood serving retail use while providing a transition to the residential neighborhood to the west 12. Statement as to why proposed zoning designation is appropriate. The proposed use is a neighborhood serving retail establishment The downsizing of a portion of the property will be more compatible with the area. 13. Recorded warranty deed and tax forms of the most current year available that show the present owner(s) of the property. 14. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, O, G/I, HP per square foot of net lot area $ .20 Minimum $ 750.00 C-1, C-2, 1, per square foot of net lot area $ .25 Minimum $ 900.00 CBD and all SD's, per square foot of net lot area $ .30 Minimum $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 15. What is the purpose of this zoning change? To accommodate a proposed Eckerd Drug store on the property. 16. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? No. 17. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? No. Signature -� Name Address sc-u.w4L 3 j& Telephone -3 0 J 3 -1 -) - LDL 3 S^ Rev. 06/04/02 Date owew--7r2'� STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of b who is ona ly k to m or wfiffai produce as identification and who did (did not) take an oath. BEIM L1ERENA QP W COMMISSION # 000'M7 (Stamp) EXPIRES: Februw, 27.2MS 1aoo-s#=� RY R nosy s«aas &a - Inc STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this day of _ 20 , by partner behalf of He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 06/04/02 3 Signature (or agent) on a partnership. 12391 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez, Eso., who being by me first deposes and says: 1. That he/she is the owner, or the,.le al representativ of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, ❑ including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 305-377-6235. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE plicant Signat The foregoing instrument was acknowledged before 2002, by Ben Fernandez, Esq. who is an individual rson produced as identifica an oath. / (Stamp) BETTY LLIJ (& W COMMISSIOEXPIRES: Feb_0op3A1pTARr Ft none Rev. 1210 (b*i2day of October rn to r who has ho did (did not) take DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Sime Corporation, see attached Exhibit "A". Florida Union Land Corporation, see attached Exhibit "B". 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Sime Corporation Florida Union Land Corporation Scott K. Sime 50% Ronald B. Picchi 33.33% Belinda S. Sims 50% Eugune Picci 33.33% Blaize Picci 33.33% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. I J - Owner or Attorney for Owner Name Owner or Attorney for O r Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me ' (v1�1 day of October 2002, by Ben Fernandez, Esq. who is an individual ersonali known to m r who has produced as identification and who did (did not) take an oath. (Stamp) (9 Mr COMMISSION # W ooW EVIRES: February 27. zoos lgw*NVAAY RNNNYSWAN3Bora*%.VC Rev. 12 OMI . 12391 EX I IBIT The North 1/2 of. Lot all pf Lole 24 and 25, less the East b' of all Lws. Block 17, of WEST FLAGLER PARK, oQording to the Flat thereof, recorded in Plgt Book 8; Page 8o, of tho Publio Mocords of D db aunty. Florida. 12391 fA Legal Description: Lots 1, 2, 3, 4, 5, 6, North 20 feet of Lot 7, Lots 26, 27, 28, 29, and 30;31-0-11 West Flagler Park Subdivision, according to the Plat thereof recorded in Plat Book 8, Page 96 of the Public Records of Dade County, Florida. 12391 tine bUCUr►•ui • _ :� '�;" TAlssestru^^�prspwe8ya «rd.�w.�c� �. . . NOW 1 A*% t tea. Ttsudp 1' g*nr . Upoff. noun & Oumw, P. t401 11400 AVWW Mle/rll, faattda OSt 1.lee1 I Op"o tea"md for CJ«k of Courq _ Property hppralsor�s P8 41 ++3FiT02v32 1993 AU6 13 frrj{STF*v 1016.03 SURTX it2�z�.lr:� i H4RUE7 p-n4rNr CLERIC DADE CDUNIY, FL WARRANTY DGED THIS DEED Is mado del of the t da d August,. , between SANDRA E. N. a j)��mauled woman Ohs'dranicel limb address Is ' Lyr, t CSL! to 't".P rL%1. �'� 141�'G,'E e- end SA 81ME CORP., a FlarldsI eorporatton (the "Orantee'j whose taxpayer Idwifbkadon number Is and wtwso addrshs.le-60S Luang& Avenue. Corsi Gables, Florida 33t4a WITNESSETH: GRANTOA. kr ocnetdera ion of Tan ($10.00) 0o11Nre and other good and Yetuablo consideration renin by Grartee, the recelot and WfA nog of whicif are hOW4y acknowledged, has granted, bargained and sold, art! by :twee promme does gran ba and ad. to Grantee, and Grantee's hake, successors and aasigns forever, the following Property I! . In Dade County, Florida #Mw'Property"), to•wlr The North 1/4 of Lot all pf Mote 24 and 26, Is" the East 6' of all Lots. Block 17, of WEST PLAOLER PARK, i io4arding to the Plat thereof, recorded in Plat Book 8, Pane 90, of the Public Records of Di id# C�ounty. Florida. 911111JECT TO; 1. Taxes and asset Brbents for the yaw 1003 and subesquent years. 2. AN laws, ordinan iaj, regulatlons, restrictions, protribitimm and other requirements Imposed by governirnonts sWittrity. 3 Esaamente, rest, leflons and reservations of record, without the Intention of relrnV-Wng ese++e. NAVA ANO TO HOU I gnto Grantee and G►antoe'a heirs, successors and assigns in tee simple GOA NTOR resraby wam nto the title to the Property and will defend the some against the lawful h+t+re e1 all seasons wh*n"o*V4 r. - G RANTON represents ais that the Property Is not now nor has k ever been the homestead nt Grantor nor is the Pe roprty oo � to the hoewatead of Grantor. IN WITNESS WHflA80P GMtcr has executed this Dead as of the day and year Ikat above written. _ , ;psd aseled and delivered In the presence of: { . a - Nemo: SANDRA E. DAMN Addfass.. Name: CA•aCoL " .a�' ti / h ; STATE OP48=6- 99: / COUNTY txsl>rr ,� is The ffW�beog�n Inatrtanan wee.aokrwwtedgod baton me ")k - "flay of ��T1993. by i BANDRA E. DAt.Ktrl. She Is para oinally known to me oehas produced Identlfloallon i and did take an oath .....aA r, nr ... y.'.._ � 01I ereeeM e0ae able 1111101DID vow" .. y, Pabk Slate o1i��R—zt! tNo i My Commission smorea' INots 8ealj - p F f' 1 C s A L SEAL JANE SCARAVILLI L'f . w�.w..•.w.,wp,.s TE OF MY OOMMiSS10N $E AXPIRE VVI � ' Hd j&8491890NN St:6i ¢ttl'r tilt " '�"�o;et et:: i i�eo +iQ>i�w P�pMpa c ,• Sent By: Bercow & Radell; -`' 305 377 8226; Oct 23-' 6:OOPM; _ Page 2/2 /2100 Thal %1,47 rX ro: FL -C 6W-166:7202►10021447-1 6 10613966714 D.gel 003-010 1 I TL -02-166172-2 10/02/2002 11241143pm Pa" 1 of 1 teeioi �� shirr e;,as, elloat u1e! 4Y., A" KID Yti BUZZ Pr=l. D.A. 1"WIT AT LAT .,-2316 90=14let ltd AYeatle A Port Landerdsle, rzorlda 93310 d F. I gpwlfp klmawtv AT ur By Sisiae k whi, =eq. &.few4mm"t 0d012 ad W*% r.wARKN: tw4pW LL NIM RMI" mom R 9 R03.t15Ri9 19?a F11 03 o6:63 1w° rr,lir sm• eon! a a lxlfri'r . -..- ow Rba 141 Ma m1 OW"wtaR bRIt[,p Rwmv2m Oft 404rahleek. 1. tAta o d4 e* t . e.G. If $$ LAMA 910M, a aURI a woman. 11116 iontLeaat !rd tve., Tort Lead R AM 90% a AAIB, llarida Mis "IU S A2W WO CDRPMTIOR, a Florida concretion, aian p1I 00" aidlw. 6 11107 Ilooaaei LAM, 309& RUGA, !L MRS Misle- no sksmWittapart14.lam'lad ik aRlid.r4Ph dlie an #'? 10.00 06 • It>tfir�6�re!}e r��Aanedit*lwrrgf6w01r.del.kiR�,�w alrbyrwltl�are aadPelrillA�. all lAerfjif,Mh feMi+aR eldw wltrnYsf aliiel fAe sOff,I6w !tet � Half a► tlk�4trdtetttMat leo P� ayRwi IIIaeR rdplNa �1 all{ hely d1 dte C.wt?.J RAL: 1ri,mm Lori 26, 27, XS, is, Aad 30, sad are lkst $0.80 Seel of Lots 1, 2, 0, sad 4, all in alonk %T of WW2 FLA= PARK. aoaerAler to tho D11Lt thereof as rseorbd in Dlatbook 6 at Pap N of the PAb1 is IIaearde of Daft Dowty. Florlds, -AND- the awth 20 Swei, leas the Uv. h int at Lot 93 111 Block 17 of r=BT P64AU PA21, acoordiaq to the Plat tharsoi as recorded to flat- back ;s at Paan 92 of tht Pdbl le Rocarm or bade Cou%7. Morlda, alb RA11etAt7 Coniderationleas exchaspd hapaw berefora. this dead re muts a trus9w of it $31* call. am n* to Salk i}raNM loP6tM wilt aiadd yldv+lte.srwldalen r&wftRIo+.•kltp w erpt01016 aldol fb#Oft" •;ro fw"VI tAf�.,M d4wdaee.b0Awgr m(d ,f�+e ParlF I� w e pent torah Inere�t. 'lfe 6elLJirs! perCr an JyW wf aeo-e bare prgr+ro Nr doymH Rvr Arir alwr 111QIR. I0� V it 41 'ICC q� � F1 ak wm Pico, .• oil alrt. _ . CI1� { mro► lDA s u..Mo.aq.1N•n�r.4.at.s�,.. .,+r.•h:.r++�•.e . _ r�i.4►►+sAo.wi.•....�..►;,�„�.Ia1�.•. r..: fir..+ LAL'IIA iiccaI ..-.��wWrlh..,•....,1•..IA,Iw.ed�haar!YIl).pomwi trla+she IM.rrtie :.�4�IVwaw +,,.•Rio.. r[.i.�.GA•wlYn�at >ru .I.h.a%%Vi ��•L me-vwsr-ly-f.LG wi1Y�w.aN.%%t-••�.•W.+ ••.•. •• •• "1�11+�r�11f .. l�� M wNAM,d v lbN.-+. t. bhR..Hl.,. yi11�. � rr�-... -z.� �1• • -ice I .•iCrf Cl/A �I. _.AO 11�� 2 3:9 FORM 813 MEMORANDUM OF VOTING CONFLICT COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS�`'AME—FIRST J�AME—MIDDLE NAME NAME OF BOARD. COUNCIL. WMMISSION. AUTHORITY. OR COMMITTEE t� v �, z `e z 4 ti a' -t-ZZ MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON DA WHICH I SERVE IS A UNIT OF. Ave COUNTY X CITY :1 COUNTY :1 OTHER LOCAL AGENCY CITY NAME OF POLITX�� 77LLAG SUBDIVISION: DATE ON WHICH VOTE OILED [A/ MY POSITION IS: ELECTIVE 7 APPOINTIVE q -V L v 17 WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, .please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shales of the corporation are not listed on any national or regional stock exchange). o n � w . . ELECTED OFFICERS:�� In addition to abstaining from voting in the situations described above, you must disclose the conflict: �+ J ; pi PRIOR TO THE VOTE BEING TAKEN b y publicly stating to the assembly the nature of your interest in VPT4eesuWn w*h you are abstaining from voting; and :r73— Z 1 WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responloie f®r reving the min- utes of the meeting, who should incorporate the form in the minutes. O C) cn X APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 R-2-- =gdtA . la 39 c, r'2- C I a 39 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at tfle next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: i • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the otner members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INYEREST hereby disclose that on f al A measure came or will come be a my agency which (check one) __ inured to my special private gain or s; inured to the special gain or loss of my t inured to the special gain or loss of my n inured to the special gain or loss of whom I am retained; or inured to the special gain or to of is the parent organizatio r subsidiary of a principal which has retained m+ (b) The measure before m gency and the nature of my conflicting interest in the (�ee Date Fi d is as follows: ,20 by , which u t7 N O C= n o`er r. X71 co 1 rte- "U Cn O Cn 2 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 On Monday, June 20, 2003, I met with the members of the State Attorney's Office. I was advisgd that there was an on-going investigation of the rezoning of 536, 602, 608 and 690 NW 57`h Avenue and 601, 605, 611, 631 and 641 NW 57`h Court which appear on the July 17, 2003 Planning and Zoning agenda as items PZ 9 and PZ 10. The investigation appears to involve a claim that retention of a certain individual would be instrumental in obtaining a favorable vote from me. In fact, because of the "Jennings Rule" I have not spoken to anyone involved in the application; neither the applicants representatives nor the homeowners affected. 1 was advised by the State Attorney's office t hat I w as n of a t arget, b ut rather a witness. I w ill, a nd h ave already begun t o, cooperate fully with the appropriate law enforcement authorities to remedy this. Although, I did nothing wrong, after consultation with my attorney, Jack R Blumenfeld, and C ity Attorney Alejandro V ilarello, I h ave concluded t hat, b ecause o f these allegations and my role as a witness, there appears to be a possible conflict of interest. I emphasize that there is only an appearance of a conflict; I believe that I have no actual conflict. Nevertheless, under these circumstances, our interpretation of FS 286.012 compels that I abstain. I do so reluctantly, but agree that this is the proper course to take R t!i N CL An nza ez ! D 1,910 00 � J - � o w v � N (Y Blank Page 1 of 1 Scheider, Sylvia From: Vilarello, Alejandro Sent: Thursday, July 24, 2003 10:30 PM To: Scheider, Sylvia Cc: Castaneda, Frank; Gonzalez, Angel (Commissioner); Thompson, Priscilla A.; Medina, Anna M. Subject: RE: Memorandum of Voting Conflict -----Original Message ----- From: Scheider, Sylvia Sent: Friday, July 18, 2003 4:11 PM To: Vilarello, Alejandro Cc: Castaneda, Frank; Gonzalez, Angel (Commissioner); Thompson, Priscilla A.; Medina, Anna M. Subject: Memorandum of Voting Conflict Commissioner Gonzalez had filed with our office a Memorandum of Voting Conflict in connection with items PZ -9 and PZ -10 of the July 17th Commission meeting, but he was absent all during the afternoon and evening session. Should our office reflect the Commissioner as having abstained and file the memorandum of voting conflict, or should we rel flect the Commissioner as being absent during those two items and return the memornadum of voting conflict back to the Commissioner? Sylvia Scheider Sylvia Scheider Assistant City Clerk 250-5367 7/25/2003