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HomeMy WebLinkAboutO-12204J-02-142 02/22/02 12204 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 27 OF THE ZONING ATLAS OF 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 COMMERCIAL TO C-2 LIBERAL COMMERCIAL WITH AN SD -19 OVERLAY (2.0 F.A.R.), FOR THE PROPERTY LOCATED AT APPROXIMATELY 4101 NORTHWEST 11 STREET, 1135-1137 AND 1145-1147 NORTHWEST 41 AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting of January 28, 2002, Item No. 5, following an advertised hearing, adopted Resolution No. ZB 2002-0518, by a seven to zero (7 to 0) vote, thus constituting a RECOMMENDATION OF APPROVAL for a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: I � ,`2' 01 4 Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from C-2 Liberal Commercial to C-2 Liberal Commercial with an SD -19 Overlay (2.0 F.A.R.), for the property located at approximately 4101 Northwest 11 Street, 1135-1137 and 1145-1147 Northwest 41 Avenue, Miami, Florida, as legally described in attached "Exhibit A." Section 2. It is found that this zoning classification 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) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; Page 2 of 4 X2204 (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property value in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 27 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 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. Page 3 of 4 x'40 Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. -!I PASSED ON FIRST READING BY TITLE ONLY this 7th day of March , 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 11th day of April , 2002. MANUEL A. D , MAYOR ATTEST: PR SCILLA' A_-.•;:THOMPS N CITY: CLERK APPI,,ROVEJD AS T11rO AND CORRECTNESS: A ` 0 W TT211:YMT:,g(mq JANDRO VI ARELLO 7. Y ATTORN NY ffi10 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 4 of 4 1'2'1204 L LEGAL DESCRIPTION: �p`i`D ti d %- 292 ' 7S7 Tract A of "HANDDELSHM SUBDIVISION" according to the plat thereof as recorded in Plat Book 56 at Page 60 of the public records of Dade County, Florida, and, Comence at the SW corner of thw NW 1/4 of the SE 1/4 of Section 32, Township 53 South, Range 41 East, Dade County; thence due North along the West line of the NW 1/4 of the SE 1/4 of said Section 32 for a distance of 25 ft..; thence North 88 degrees 51" 30" East, parallel with the South line of the -NW 1/4 of the SE 1/4 of said Section 32, for a distance of 340 ft.. to a point; thence due North parallel with the hest line of the NW 1/4 of the SE 1/4 of said Section 32, for a dis- tance of 80.54 ft. to the Point of Beginning; thence continue' due North for a distance of 69.46 ft., to a point; thence North 88 degrees 51' 30" East,. parallel with the South line of the NW 1/4 of the SE 1/4 of Section 32 for a dis- tance of 50 ft. to a point; thence due South., parallel with the west line of the NW 1/4 of the SE 1/4 of said Section 32, for a di stance of 70.58 ft.to a point; thence South 89 degrees 53' 30" West for a distance of 59.99.ft. to the Point of Beginning, lying and being in Dade County, Fla and, / 5z % Al W 5ZI Z4 of !/� • �oU�'v: o/-� 3/3z-Doo--ol�a Commente at the Southwest corner of the Northwest 1/4 of the Southeast he/West the section 32 a , Township 53 South, Range 41 Est, thence due North along line .of the Northwest 1/4 of the Southeast 1/4 of said section 32, for 25 feet; thence North 88 degrees, 51 minutes 30 seconds East, parallel with the South o -f the Northwest 1/4 of the Southeast 1/4 of said section 32 for 340.6 fe=L `o _-rhe Point of Begiriming; thence due North _,a:rallel with the West line of the Northwest i./4 of the Southeast 1/4 of said section 32 for 80.54 feet; thence worth 84 degrees, 53 minutes, 30 seconds =est for 59.39 feet; thence due South naralle to n7]d 400 .00 feet East of the W?SL line of the Northwest 1/4' o� �he Southeast 1/4 of said section 32 for 79 • 42 feet; thence of 88 degrees, , G 0f t'�e s�inutes, 30 seconds West parallel with th_ South line of the Northwest n ls,inc So'utheas- 1/4 of said section 32 for 59.40 feet to the Point of Bpace 6 0 and being in Dade County, Florida, as recorded if O _ R: B . 1 "7 , at Page 640 the Publ;t Records of Dade County, Florida_ 1220 PZ 3 SECOND READING ZONING FACT SHEET Case Number: 2001-0511 28 -Jan -02 Item 5 Location: Approximately 4101.NW 11 Street, 1135-1137 and 1145-1147 NW 41 Avenue Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Ronald Pellitero on behalf of Pell/Cruz Investments, Inc. 6061 Collins Avenue 23-C Miami, FL 33140 App. (305) 868-3733 Zoning: C-2 Liberal Commercial 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 to C-2 Liberal Commercial with an SDA 9 Overlay (2.0 F.A.R.). Purpose: This will increase the floor area ratio of this commercial site. Recommendations: Planning and Zoning Dept.: Denial. Public Works: No comments. Plat and Street Committee: N/A. Dade County No comments. Enforcement History, If any Case No: Last Hearing Date 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: Zoning Board Resolution: ZB 2002-0518 Analysis: Please see attached. Zoning Board: Recommended approval to City Commission. Vote: 7-0 City Commission: Passed First Reading on March 07, 2002. n ANALYSIS FOR ZONING CHANGE Approximately 4101 NW 11 Street, 1135=1137 and 1145-1147 NW 41 Avenue CASE NO: 2001-0511 Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: The request is to change the Zoning designation as follows: A parcel along NW 11th Street, located approximately between 41St Avenue and 42°d Avenue,,from C-2 "Liberal Commercial' to C-2 "Liberal Commercial' with an SD - 19 "Designated F.'A. -R. Overlay District" designating an F.A.R. of 2.0 (Complete_ legal description on file with the -Hearing Boards Office). The following findings have been made: • It is found that the SD -19 "Designated F.A.R. Overlay District" is a district that was created as an instrument to modify (increase or decrease) the E.A.R. on specific properties within the City. • It is found that the effect of the SD -19 shall be to modify regulations within portions of other zoning districts included within the SD boundaries to designate properties or areas of the City with a specific floor area ratio (F.A.R.). • It is found that the subject property has a C-2 zoning designation that allows for a F.A.R. of 1.72 times the gross lot area. It is also found that due to the geographical conditions of the subject property and the potential development allowed, the increase of the F.A.R. could result in a massive over -development with all the subsequent negative results. • It is found that the additional F.A.R. requested is not necessary to accommodate reasonable development. The requested additional F.A.R. could only serve to create a massive amount of development on this site that is totally out of scale and character ..with the surrounding area. 122A� It is found that if .an anticipated project requires additional F.A.R., a twenty (20) percent F.A.R. increase could be obtained through the process of a Major Use Special Permit (MUSP) for Planned Unit Development (PUD) in which case the Planning and Zoning Department would be allowed to review the effects of the additional F.A.R. on specific properties and areas. • It is found that the requested zoning designation change is not inconsistent with the underlying land use designation and therefore does not require an amendment to the Future Land Use Map of the Comprehensive Plan. Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. 1204 ANALYSIS FOR ZONING CHANGE Yes No N/A a ❑ ❑ We ❑ ❑ ❑ o ❑ ❑ 7 ❑ ❑ a ❑ ❑ o ❑ ❑ a ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ a ❑ ❑ W ❑ ❑ O ❑ ❑ o ❑ O ❑ ❑ ❑ O ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CASE NO, 2001-0511 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. 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F �t fir, , "".. flmemo - ,'.I >r 3 4 �'ris 7rs x� .t r " ro 'µz7 fit'.+ x '., ✓ r._ a'�,:, qex i i QL q >¢ c 11 NIL � .: ' � �.y € i'�[`✓ }T�r ; , "<� � t'�ru �C ss k ^ �c � 3 � } r �� ._; �� �a. � u���� �� �_, � y '�c ZZ Miami Zoning Boara Resolution No.: 2002-0518 Monday, January 28, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 27, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-2 LIBERAL COMMERCIAL TO C-2 LIBERAL COMMERCIAL WITH AN SD -19 OVERLAY (2.0 F.A.R.), LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), - PUBLIC;=RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL-. Upon being seconded by Mr. Georges Williams, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Abs Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez-Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Abs Mr. Georges Williams Yes AYE: 7 NAY: 0 _ ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 7-0 Case No. 2001-0511 \A Teresita L. Femand6z, Executive Secr Department of Planning and Zoning Hearing Boards Division Item Nbr: 5 EKUblt Ile' PROPERTY ADDRESS: 4101 NW. 11th STREET, MIAMI FLORIDA. LEGAL DESCRIPTION: 7.RA ' A, 0"r r:,:d�ELSl."".:, . SJ3i:I'.': ,cCii�" .:: vRvI':C 70- -CKL RECORDED IN PLAT BOOK 56, AT PAGE 60, OF THE PUBLIC RECORDS OF MIAMI—DADE AND, COMMENCE AT TiiE SW. CORNER OF THE NW. 1,'4 0= Ts -'F- SE c-,770', 32 53 SOUTH, RANGE 41 EAST, DADE COUNTY; THENCE DUE NORTH ALONG THE VIE - THE NW. 1/4 OF THE SE. 1 /4 OF SAID SECTION 32, FOR A DISTANCE OF 25 FT_: N3RTH 88 DEGREES 5" 31V' EAST. PARA' -L V07HTHE SvU T H LINE- OF IN?.. ' c < SF. 1/4 OF SAID SECTION 32, FOR A DISTANCE OF 340 FT. TO A POINT; THENCF DUF iin-,RTH PARALLEL WITH THE K'EST LINE 'OF THE NW, .1 4 OF THE' SE, 4 OF S A:D EEC' C,. 32, FOR A DISTANCE OF 80.54' FT. TO THE POINT OF -BEGINNING; THENCE, CONTINUEDUE NORTH FOR A DISTANCE OF 69.46 FT. TO -A POINT; THE14CE NORTH 85 -DEGREES 35" EAST, PARALLEL WITH THE SOUTH LINE OF THE NW. 1/4 OF THE SE. 1/4 OF SAID SECTION 32, FOR A DISTANCE OF 60 FT. TO A POINT; THENCE DUE SOUTH, PARALLEL -WITH THE WEST UNE OF THE NW. 1/4 OF THE SE.1/'4 OF SAID SECTION 32, FOR A DISTANCE OF 70.58 FT.. TO A POINT; THENCE SOUTH 89 DEGREES 53' 30" ATST FOR • A .DISTANCE OF 59.99 FT. T;, .HE POINT OF BEGINNING, LYING Ary' BEING IN DADE COUNTY, FLORIDA, AND, "'MME NCE A` TzE SOUTHWEST CORNER OF THE NORTHWEST 1,/4 OF' T�+F SOU' +EAS' 1,14 OF THE SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, THENCE DUE NORTH ALONG THE WEST LINE OF THE NORTHWEST 1,/4 OF. THE SOUTHEAST 1/4 OF SAID SECTION 32, FOR 25 FEE`; THENCE NORTH 88 DEGREES, 51 MINUTES 30, SECONDS EAST, PARALLEL WITH THE Sc.JTw LI:`:E GF THE NORTHWEST 1 /4 0=7 THE 'SOUTHEAST 1 /4 OF SAID SECTION 32, FOR , 40.b FEE -1 !Ci TIME POINT OF BEGINNING; THENCE. DUE • NORTH PARALLEL WITH THE WEST L INE Or THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF' SAID SECTION 32, FOR 80.54 - _ ` 89 DEGREES, 53 V:NUTES30 SECONDS EAST FOR 59.35 FEET THENCE DUE SOUTH PARALLEL TO AND 400.00 FEET EAST OF THE WEST LINE OF THE 'HE S0,17j4EAST ':%4 OF SAID SECTION 32, FOR 79.42 FEE'; THENCE SO::—•i 88 DEGREES, 51 MINUTES, 30 SECONDS WEST PARALLEL WITH THE SOUTH LINE OF ;,R'�IW=.�' ,•4 �E - �OUTH_AST 114 Oc SAID SEAT:��p� 37. FOR 59.4 FE, THE PUN -1 OF i3EGINNING, 'LYING AND BEING IN DADE COUNTY, FLORIDA, AS RECORDED IF n_p ,S? -7?7 �,T oA^ 640 `1F TUC-D��qi it prCORDc OF ne.nE COUI`1TY, FLORIDA. TRAC' "},, LA JEUNE MANORS COMMERCIAL CENTER j (58-50) i LIGUA i RAY Ross TRACT "A"/ 9 I 8 + 7 SUBDIVISION / ` 1(79-4) NW. 11th 'STREET 20 I LJ I 19 j 2 I LLJ ED Q iz Q �- -� !-- --� > 11 I 4 i r.. Z) W Q IPP() Section 2210. Nature and Requirements of Zoning Board Report to City Commission Circle appropriate condition(s): When pertaining to the rezoning of land under application made under Article 22, the report and recommendation of the Zoning Board shall show that the Zoning Board has studied and considered, where applicable, whether or not: a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. s =he,:_proposed change is in harmony with the established land use c) The proposed change is related to adjacent and nearby district. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilizes, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. 1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly .limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding are for the proposed use in districts already permitting such use. Motion: After considering the factors set forth in Section 2210 of Ordinance 11000, 1 move that the request on agenda item # J be recommended to the City Commission for (approval) (denial). k .Print IN14tie Date I J rf CITY OF MIAMI OFFICE OF HEARING BOARDS 444 SW 2n° Avenue, 71" Floor • Miami, Florida 33130 • 305-416-2030 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 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK: IT WILL BE ACCEPTED BY THIS OFFICE, ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL. 3:30 PM. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE . A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. I, Ronald Pellitero on behalf of PELL/CRUZ INVESTMENTS INC. 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: 4101 N.W.11 St., 1135-1137 N.W. 41 Ave. 1145=1147 N.W.41 Ave 2. Folionumber- 01-407-282-7575, 01.-3132-000-0150, 01-3132-000-0160 3. Two original surveys prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 4. Surveys need to be stamped by, the Office of Hearing Boards first and then signed by Public . Works, Zoning and Planning prior to -submittal of application. 5. Affidavit and .disclosure of .ownership of subject property and .disclosure of interest (see .attached forms). 6. Certified list of owners of real estate within, a .375 -foot radius of the outside -boundary of the subject property (see pages 5 and 6). 7. At least two (2) photographs that show the entire property (land and improvements). 8. Present zoning designation(s): C-2 .4 i 9. Future zoning designation(s): C-2 + SD19 (FAR 2. o') T 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. 12. Statement as to why proposed zoning designation is appropriate. Ar 13. Recorded warranty deed and tax forms of the most current year available that show the present owner(s) of the property. . t . 14. Cost of processing according to the City Code: . a. 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/l, HP. per square foot of net lot area $ .20 Minimum $ 750.00 C-1, C-2, 1, per square foot of net lot area $ .2:5 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 Signatures Name RONALD PELLITERO Address 6061 Collins Ave. #23-C Miami Beach, F1.33140 Telephone (305)868-3733 Date December 6, 2001 STATE OF FLORIDA AFFIDAVIT STATE OF FLORIDA } ) SS COUNTY OF MIAMI-DADE } Before me, the undersigned authority, this day personally appeared RONALD P E LL IT E R 0 on behalf of Pell/Cruz Investments, Inc. who being by me first duly sworn, upon oath, deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the realproperty located in the City of Miami, as described and listed on the pages attached to 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. 3. That the pages attached hereto and made apart 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's Si atu a Ronald Pellitero STATE OF FLORIDA COUNTY OF MIAMI-DADE 1�;LThe foregoing instrument was acknowledged before me this day of C+, I %;Mt by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced (• 3 - 7 Z c -3 �-i - O - as identification and who did (did not) take an oath. Notary Public -State of Florida Commission No.: My Commission Expires: 12204 F4\ STEVEN R[TTER My Comm Exp. 2/9/04 p PueuC ' No. CC 909217 [ 1 Pneegnagy Knavn 1.0. COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this �J day of 20 801 , by who is per.3onally known to me or who has producedas identification identification and who did.(did not) take ph oath. (Stamp) ure IS' OF FEo STEVEN RITTER ARr o MY Comm Exp. 2/9/04i W PUSUC s No. CC 909217 I ] Persona�b K� I.D.' . 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) Signature M STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature OWNER'S LIST 3 12204 Owner's Name P E LL / CRUZ I NVE SI ME NTS INC. Mailing Address 6061 Collins Ave. Miami Beach Zip Code F1. 33140 Telephone Number (305)868-37.33 ! Legal Description: see Attached $ Exhibit "A" Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number. Legal Description: Zip Code - Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description N/A Street Address Legal Description Street Address Legal Description NOTICE TO THOSE PREPARING CERTIFIED LISTS OF PROPERTY OWNERS FOR CITY OF MIAMI PUBLIC HEARINGS 4 4 Y`X i DISCLOSURE OF OWNERSHIP ' 1. Legal description and street address of subject real property: ` See Attached Exhibit "A" 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-61.8 of the Code of the Citi 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 42 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with.their addresses and proportionate interest. PELL/CRUZ INVESTMENTS INC. RONALD PELLITERO - 50% MARIA P. PELLITERO-50% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 42, and (b) located within 375 feet of the subject real property. N/A i r Owner or orney for Owner RONALD PELLITERO OWI9ER on behalf of Pell/Cruz-Investments., Inc. STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this day of e20, 4e•e l jg7 !, by of _ a _ corporation, on behalf of the corporation. J3e/She, is personally known to me or has produced as identification and who did (did not.) take an oath. Notary Public -State of Florida Commission No.: My Commission Expires: of fjo STEVEN RITTER 9 My Comm Exp. 219/04 0 m PUSUC > No. CC 909217 I ] Pera+atb Kr— i I 61,4 1-3 '7-// v♦ /V� LEGAL DESCRIPTION: �O �- 7S_ 7s Tract A of "HAZ�D£LSMAN SZWIVISION" according to the plat thereof.as recorded in Plat Book 5.6 at Page 60 of the public records of Dade County, Florida, and, Commence at the SW corner of thw NW 1/4 of the SE 1/4 of Section 32, Township 53 South, Range 41 East, Dade County; thence due North along the West line of the NW.1/4 of the SE 1/4 of said Section 32 for a distance of 25 ft . ; thence North 88 degrees 51' 30" East, parallel with the South line of the -NW 1/4 of the SE 1/4 of said Section 32, for a distance of 340 ft. -to a point; thence due North parallel with the West line of the NW. 1/4 of the SE 1/4 of said Section 32,' for a dis- tance- of 80.54 ft. to the Point of Beginning; thence continue, due. North for a distance of 69.46 ft.. to a point; thence North 88 degrees 51' 30" East; parallel with the South*line of the NW 1/4 of the SE 1/4 of.''said Section 32 for a dis- tance of 60 it_ to a point; thence due South, parallel with the West line of the NW 1/4 of the SE 1/4 of said Section 32, for a distance of 70.58 ft.to a point; thence South 89 degrees -53' 30" West for a distance of 59.99 ft;. to the Point _ of Beginning, lying and being in Dade County, Fla and, �S / / 7,- % Al W 5z/ 4;I!/6 Commence at the Southwest corner of the Northwest 1/4 of the -South eastrie/4 of west the section 32, Township 53 South, . Range 41 Eos_ t, thence due North along Zee .of the Northwest 1/4 of the Southeast .1/4 of said section 32, for 25 feet; fence North. 88 degrees, 51 minutes 30 seconds East; parallel with the South line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 340.6 _feet t9 ;^ne Point- of Begin_r�ing; thence due North rallel with _the West rite o= the Northwest 1/4 of the Southeast 1/4 of said section 32 for 80.54 ,.eet; thence North 89 degrees, :53 .minutes, 30 seconds =ast. for 59.39 feet th- encel4. duo.Soneh p�:ralle_ o and 400:00 feet East of the west line o.f the Nor�hwes�..---ees, 5 Sroutheast 1/4 of. said section 32 for 79.4:2 feet; thence^South 88 degrees, G a f the minutes, 30 seconds west parallel with the South line or the Northwest. / lyinc Southeast 1/4 of said section 32 for 59:40 feet to the' Point of Beginning, of and being in Dade County, .Florida, as recorded if O.R.B. 717 , at Pag- =he Publ_c Records of Dade County, Florida. x.2.204 CORPORATE RESOLUTION On December 6, 2001 all members of PELLICRUZ INVESTMENTS INC. met and agreed the RONALD PELLITERO would represent them in all matters infront of the CITY OF MIAMI in order to obtain an amendment to the Zoning Atlas. WITNESS SECRET kRY WITNESS ��OF FE�9 STEVEN RITTER TARr o My Comm Exp. 2/9/04 No. CC 909217 1 Persmx,'y Known I.D. i M- l 5T55ft i 710 NEC. THIS INSTRUMENT PREPARED BY: y, r} c �! I 1 % I Y'� E l 11 % MARIO VELEZ, ESQUIRE 815 N.W. 57th Avenue, Suite 484 Miami, Florida 33126 Grantee SS# Grantee SS# DDCSTPDEE 3h.00 SURTX z52. MARSHALL ADERY CLERK LADE COUNTY, Real Estate Tax Folio No.: 01-3132-000-0150 WARRANTY DEED (STATUTORY FORM - SECTION 689.02 F.S.) THIS INDENTURE, made this 7th day of December, 1992 BETWEEN CARLOS A. LEYVA, a single man grantor*,and PELL/CRUZ INVESTMENTS INC., a Florida corporation, whose post office address is -6061 Collins Ave Miami, $ 23C Miami. 33140 in Dade county,.State of Florida,grantee*. That said grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by ,said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee s heirs and assigns forever, the following described land, situate, lying and being in Dade County, Florida, to wit: Commence at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of the section 32, Township 53, South, Range 41 East, thence due North along the West line of the Northwest 1/4 of the southeast 1/4 of said Section 32, for 25 feet; thence North 88 degrees, 51,30" East, parallel with the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the west line of the Northwest 1/4 of the southeast 1/4 of said Section 32 for, 80.54 feet; thence North 89 degrees, 53,30" East for 59.39 feet; thence due South parallel to and 400.00 feet East of the west line of the Northwest 1/4 of the Southeast 1/4 of said Section 32 for 79.42 feet; thence south 88 degrees, 51'30" west parallel with the South line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 59.40 feet to the Point of Beginning, lying and being in Dade county, Florida, as recorded in official Records Book 717, at Page 640 of the Public Records of Dade County, Florida. Subject to restrictions, reservations, easements, dedications, rights- of-way and limitations of record, if any, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. said grantor does hereby fully warrant the title to said land, and will defend that same against the lawful claims of all persons whomseover. *"Grantor" and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantors hand and seal the day and year first above written. Signed, sealed and delivered in the pr ce of: Y y v4 A. LEYVA Addresst 4930 S.W. 91ST Ave Miami, Florida 33165 (Pzi/Z:f pore) f Ria T• ✓E (Print name pare) UC01eM #" d'r JVD( tQ[O16! 00 OP c.o( cou"n. PtcamA. STATE OP FLORIDA ) *ecoeo vaur.to ) es ^derN 01 circuit & Cou* COUNTY OF DADE ) courts I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Carlos A. Leyva, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same, and who did tpAq� gn oath, .and produced a valid Florida Driver's license as pr of iden�,di 6a�hy WITNESS my hand and official seal RQtyt,;9i ate et aforesaid this 7th day of December, 1992. �• . ' te, JA : MY COMMXi/30N Exprand( �s T• i. i i it 7` OrCP Utt. RcL 5 �) OFf �. (tSb instrument prepared by: 93RO314'P93 1993 JAN 21 12602 H0.'rARD L. KUKER f 508 Dadeland Towers North 9200 So. Dadeland Boulevard DOCSTPDEE 342.00 SURTX 256.5f' Miami, Florida 33156 HARVEY RUVINP CLERK DADE COUNTYP 11 Folio No.: Grantee's Federal ID No THIS WARRANTY DEED made and executed the 8th day of Decembe:r,1992 by LOCKPORT INVESTMENTS, S.A., a corporation existing under the law@ @i rahmt@; �3i4 �#&i/ill� it=B is 'llft ig al plac4 of biiai Masa at 4011 W. Flagler Street, Suite 403, Miami, Florida hereinafter called the grantor, to PELL/CRUZ INVESTMENTS INC., a Florida corporation whose post office address is 6061 Collins Avenue, Apt. 23C, Miami Beach,' Florida hereinafter called the grantee: WITNESSETH: The the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by,theses present does grant, bargain, sell, alien remise, release, convey and confirm unto the grantee, -all that certain land situate in Dade County, Florida, viz: i Commence at the SW corner of the NW 1/4 of the SE 1/4 of Section 32,.Township 53 South, Range 41 E, Dade County „ Florida. See attached j Exhibit "A". SUBJECT to conditions, restrictions, reservations, limitations and easements of record, if any. 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. AND the grantor hereby covenants with said grantee that it is lawfg;ly seized of said•land; that it hereby fully warrants the titic;,o:-said land and will defend the same against the :Lawful cl•aim,%�of..all persons whomsoever; and that said land is free of all erir•.um�rY`rf�ces: IN WITNESS WHEREOF the grantor has te:Seal') caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper ...... officers thereunto duly authorized, the day and year first above written. ATTEST: LOCKPORT INVESTMENTS, S.A., a Panama n' n corporation Signed.t'Se led and delivered o in the pr §epcof: By: GG.U,LERMqDRIGUEZ, Attorney- in-fact Nam1�.,ciE�'i� Nam ►}, .Ind �. I(..ei c_ STATE OF FLORIDA ) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this . 8th day of December, 1992, by GUILLERMO RODRIGUEZ, who is the Attorney-in-fact of LOCKPORT INVESTMENTS, S.A., a Panamanian corporation and who is personally known .to me or who has produced Pa. o-a.+w �..+.Ir _ as identification and who did take an oath. NOTARY PUBLIC, STATE OF FLORIDA my commission expires:oppj= =Anr3M 1* B( MWARD L 9UKfW 2 U pprltmOfOM •VY181V AA $53674 . R KV AV IM UP. OF it0 1220-4 �� REC:1568 APTS THIS INSTRUMENT PREPARED BY: MARIO VELEZ, ESQUIRE 815 N.W. 57th Avenue, Suite 484 Miami, Florida 33126 Grantee SS# Grantee SS# Real Estate Tax Folio No.: 01-407-282-7575 xxxxxxxxxxxxxxxxfxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx THIS QUIT -CLAIM DEED, executed this 8th day of October, 1992 by Ronald Pellitero and Maria Pilar Pellitero, his wife, Grantor*, to PELL/CRUZ INVESTMENTS INC., a Florida Corporation whose post office address is 6061 Collins Ave Unit 23 C Miami, Florida 33140 Grantee. WITHE88ETH: That the said Grantor, for and in consideration of the sum of $10.00 in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described.lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit: TRACT A of HANDELSMAN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 56, at Page 60, of the Public Records of Dade County, Florida. TO HAVE AND TO HOLD the same together with all and singular the appurtenance thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or in equity, to the only proper use, benefit and behoof of the said Grantee forever. *"Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor hereunto set Grantor's hand and seal the day and year first above written. signed, sealed and livered DDCSTPDEE 0.60 SURTX is the presence of: MARSHA DEfi, CLERK DACE COUNTY,I io Velez (P int Name) RONNnn��, PELLITERO &061 Gor(I'�5 };tee /#jp+ 013 C gCacti, FL 33 yo w6e_e�-7. ortensia Velez (Print Name) MARIA PILAR PIOLLITERO 4 STATE OF FLORIDA) ) se COUNTY OF DADE ) The foregoing instrument was acknowledged before me this 8th day of October, 1992 by Ronald Pellitero and Maria Pilar Pellitero who is personally known by me or and who did take an oath. QM4Dft IN CWR7At RtcoRDR 1001 O/ DAN COUNTY, fIORIDA. "CORD VtRINW vert of ai rQin & CwntyCwts `"rrppnnnpq„r'/ 1 .. Yom` Ve ez NOTARY PU a e of Florida. = o i v My oommiesion expirest IPj?e L -d.4 Thu Tra, Fain - l—.— lac, JglJtJll I:.