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HomeMy WebLinkAboutO-12066• J-00-1107 3/1/01 - ORDINANCE NO. 2 0H AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD,PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2744, 2752, 2784 AND 2800 SOUTHWEST 7TH STREET, MIAMI FLORIDA, FROM "RESIDENTIAL DUPLEX" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED 'AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning Advisory Board, at its meeting of February 21, 2001, Item No. 1, following an advertised hearing, adopted Resolution No PAB 19-01, by a vote of six to zero (6-0), RECOMMENDING APPROVAL of an amendment to the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive - Neighborhood Plan 1989-2000, 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 Comprehensive Plan change as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: L • Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the land use designation from "Duplex Residential" to "Medium Density Multifamily Residential" for the properties located at approximately 2744, 2752, 2784 and 2800 Southwest 7th Street, Miami, Florida, more particularly as Lots 4, 5, 6 and 7 in Block 2, HARDING HEIGHTS SUBDIVISION, in Plat Book 6, Page 138, of the Public Records of Miami -Dade County, Florida. Section 3. It is hereby found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale development" procedures; Page 2 of 5 12066 (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (e) the proposed amendment does not involve a text change to goals, policies and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site- specific development; and, (f) is one which is not located within an area of critical state concern. Section 4. The City Manager is hereby directed to instruct the Director of the Planning and Zoning Department to immediately transmit a certified copy of this Ordinance and the public notice published after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Page 3 of 5 12066 • Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. 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 7. 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. (2000) .1 PASSED ON .FIRST READING BY TITLE ONLY this 26th day of April , 20011. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 24th day of May , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated p provided, said legislation now ATTEST: becomes effective with the elapse of (10) days the date of Comml n n regarding same, without the Mayor, �� WALTER J. FOEMAN CITY CLERK Clark 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 5 12066 ldp CORRECTNESS: Page 5 of 5 0 cop., u PZ -7 SECOND READING PLANNING FACT SHEET APPLICANT Virgilio Perez for Roller Investment Inc. HEARING DATE February 21, 2001. REQUEST/LOCATION Approximately 2744, 2752, 2784 and 2800 SW 7t' Street. LEGAL DESCRIPTION Complete legal description on file at the Hearing Boards Office. . PETITION Consideration of Amending the Miami Comprehensive Neighborhood Plan by Amending the Future Land Use Map for the properties as listed: 2744, 2752, 2784 and 2800 SW 7t' Street, from "Residential Duplex" to "Medium Density Multifamily Residential". PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. See attached. PLANNING ADVISORY BOARD Approval VOTE: 6-0 CITY COMMISSION Passed First Reading on April 26, 2001. APPLICATION NUMBER 01-002 Item #1 CITY OF MIAMI . PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 2/13/2001 Page 1 12066 .0 0 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 2744, 2752, 2784 and 2800 SW 7th Street. Application No. 01-002. . DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "Duplex Residential' to "Medium Density Multifamily Residential'. The subject property consists of a 0.62 acre parcel: Lots 4, 5, 6 and 7 in Block. 2, HARDING HEIGHTS SUBDIVISION (6 - 138). Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The subject property is currently designated "Duplex Residential'; and the same designation west and north; to the west and south, the area is designated "Restricted Commercial'. The Duplex Residential land use category allows residential structure of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service. Other permissible land uses include community-based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities); places of worship, child care centers and adult day care centers and primary and secondary schools are also permissible in suitable locations within this land use designation. The Medium Density Multifamily Residential land use category allows residential structure of up to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service. Supporting services such as community-based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community-based residential facilities (15-50) clients and day care for children and adults may be permissible in suitable locations. Permissible uses within medium density multifamily areas also include commercial activities that intend to serve the retailing and personal services of the building or building complex; places of worship, and primary and secondary schools, and accessory post -secondary educational f icilities are also permissible in suitable locations within this land use designation. 4 12066 The Planning and Zoning Department_ is recommending .,APPROVAL of the application as presented based on the following findings: • -It is found that the subject properties are between "Restricted Commercial" and "Duplex Residential" land use designations and it is also found that"Medium Density Multifamily Residential" designation will serve as a. buffer between a commercial and a low density residential area. • It is found that the subject properties consist of four lots facing SW, 7`h Street and that, street in this area does not have a low density residential character. • It is found that the requested change to "Medium ;Density Multifamily Residential" will be a logical change serving as'a buffer. • . It is found that a change such has the one proposed is not in conflict with MCNP Land Use Policy 1:1.3. which requires. that all. areas. of the City be protected from encroachment of incompatible -land uses. • It is found that the requested change is 'also not,: in conflict with MCNP Housing Policies 1.1.5. and 1.2.7. which require the City to preserve and enhance the general appearance and character of the City's neighborhood. These findings. support the position that the existing land use pattern imthis neighborhood should be changed. It also should be stated, that whereas MCNP Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon availability of public facilities and services that meet or. exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy 1.2.3.). It is found that the attached. Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. 2 12066 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 01-02 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: February 14, 2001 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Virgilio Perez for Rolled Investments, Inc. RECREATION AND OPEN SPACE Address: 2800/2784/2752/2744 SW 7 St. Population Increment, Residents 75 Space Requirement, acres 0.10 Boundary Streets: North: SW 7 St. East: SW 28 Ct. Excess Capacity Before Change 182.80 South: West: Excess Capacity After Change 182.70 Proposed Change: From: Duplex Residential Concurrency Checkoff OK To: Medium Density Multifamily Residential. Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.62 acres K 18 DU/acre 11 DU's Population Increment, Residents 75 Peak Hour Person -Trip Generation, Residential 16 Transmission Requirement, gpd 16,897 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other 0 Excess Capacity After.Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.62 acres Cc 65 DU/acre 41 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 20 Population Increment, Residents 75 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Transmission Requirement, gpd 13,955 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population 75 Dwelling Units 29 STORM SEWER CAPACITY Peak Hour Person -Trips 5 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Little Havana Concurrency Checkoff OK County Wastewater Collection Zone 309 Drainage Subcatchment Basin 02 SOLID WASTE COLLECTION Solid Waste Collection Route 23 Population Increment, Residents 75 Transportation Corridor Name Flagler Solid Waste Generation, tons/year 97 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 403 Concurrency Checkoff OK Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 75 Peak -Hour Person -Trip Generation 5 LOS Before Change D LOS After Change D Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water r and Sewer Authority Department (WASA). Excess Capacity, any, is currently not known Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, Sth Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT -2(R1), Transportation Corridors report Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size: if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed ichange made. CM 1 IN 03/13/An RESOLUTION PAB -19-01 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION TO AMEND ORDINANCE 10544, AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2744, 2752, 2784 AND 2800 SOUTHWEST 7TH STREET FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL". HEARING DATE: February 21, 2001 ITEM NO.: 1 VOTE: 6-0 a ATTEST: '`— An befabe chez, 10irector Planning and Zoning Department I I CITY OF MIAMI OFFICE OF HEARING BOARDS APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ...............<..................... 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. ....................... ..................... NOTE: 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. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE ANY BOARD OR COMMITTEE AND THE CITY COMMISSION. 1. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive pian compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the pian may be made simultaneously pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 2. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 3. Surveys need to be stamped by the Office of'hearing Boards and signed by Public Works, Toning and Planning prior to submittal of application. 4. Affidavit and disclosure 'of ownership of property covered by application and disclosure, of interest (see attached form). 5. Complete application should be reviewed and initialed by Planning ,designee prior to submittal. 6. Cost of processing, according to Section 62-156 of the Zoning Ordinance` Conservation, recreation, residential single-family duplex. $ . 300.00 Residential medium .density multifamily $ 450.00 Residential high density multifamily, office, major public facilities, transportation/utilities $ 550.00 Commercial/restricted, commercial/general and 'industrial $ 650.00.01 Commercial (CBD) $ 1,200.00 Surcharge for adverting each item $ 1,200.00 Public hearing mail notice fees, including. cost of handling and mailing per notice $ 3.50 7. This petition is proposed by: ( ) Planning and Zoning Department ( g). Other (Please specify): Virgilio Perez on behalf of Rol i wri tTom` sm%=t=Qatw Inc. 2800/2784/2752/2744 Sv 7 Street, Miami, F1 33125 8. The subject property is located at: Folio number: 01-41-04-035-0250 / 01-41-04-035-0260 / 01-41-04-035-0280 01-41-04-035-0280 2 12066 AND MORE PARTICULARLY DESCRIBED AS: Lot(s) d—r 1 ani 7 Block(s) 2 Subdivision Harding Heights AMMEND TH Miami Comprehensive do(es) respectfully petition and request: _ Neighborhood Plan 9. The undersigned being the owner or the representative of the owner, of the subject property do(es) respectfully request the approval of the City of Miami for the following amendment(s) to. the Miami Comprehensive Neighborhood Plan for the above-described property as indicated in the Land Use Plan: FROM: Residential Duplex TO: Medium Density Multifamily Residential 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: See Exhibit "A" 11. Please supply a statement justifying your request to change the plan to your requested plan designation. See Exhibit "A" 12. What is the acreage of the property being requested for a change in plan designation? Total Acreage .6245 13. Has the designation of this property been changed in the last year? 0 14. Do you own any other property within 200 feet of the subject property? Yes If yes, has this other property been granted a change in plan, designation within the last twelve months? No 15. Have you made a companion application for a change of zoning for the subject property with the Office of Hearing Boards? Yes 3 12066 • STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 20 , by known to me or who has produced as identification and who did (did not) take an oath. STATE OF FLORIDA COUNTY OF MIAMI-DADE 0 day of who is personally Name: Notary Public -State of Florida Commission No.: My Commission Expires: The foregoing instrument was acknowledged before me this day of May 20 n 0 _ , by Virgilio Perez _of Miami -Dade a representative of said corporation, on behalf of the corporation. He/She is personally known to me or has produced A'L as identification and who did (did not) take an oath. NATASHA D. RENNIE Notary . Public - State of Florida My Commission Expires Mar 27, 2001 Comm. No. CC633681 STATE OF FLORIDA COUNTY OF MIAMI-DADE Name: A 7_4sjvR Z? AVE & va, Alt, Notary Public -State of Florida Commission No.: CC &33 & S1 My Commission Expires: 3 -a 7- of 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. (or agent) on a partnership. Name: Notary Public -State of Florida Commission No.: My Commission Expires: 3 12066 Exhibit To the Application for Amendment to Zoning Atlas and/or Overlay District 1. Address of Property: 1) .4 1- 2800 SW 7' Street, Miami, FL 33125 2) # 2 - 2784 SW 7"'Street, Miami, FL 33125. 3) # 3 2752 SW 7" Street, Miami, FL 33125 4) # 4 - 2744 SW 7h Street, Miami, FL 33125 2. Folio Number of Properties: 1) 4 1- 01-41-04-035-0250 2) # 2 01-41-04-035-0260 3) # 3 — 0141-04035-0270 4) # 4 - 01-41-04035-0280 lo. We would request to remove the SD -12 designation on,the 4 lots that pertain to this application. 11. The present zoning is inappropriate since it is not in harmony with the area. It is creating conditions that are not compatible with the surrounding properties. The economic evaluation of said properties are not consistent with the development of the area 12. The request for a Multifamily Medium -Density Residential zoning would permit the owners of the property to build a structure as used in any type of residential facility with a maximum density to R-3. This will permit the utilzation'of the property to a much needed use, in the area, where housing is in demand. This will also be in harmony with the increase of student and teacher population required by the Miami - Dade Junior College Campus, which is in walking distance. Not to mentioned the increase in tax revenues offered by new development to the City of Miami, versus nm - down wooden small houses with their back to a commercial area. 12066 0 0 AFFIDAVIT - Virgilio Perez on behalf Before me, the undersigned authority, this day personally appeared Rollert Investments Inc. who being by me first duly sworn, upon oath, deposes and says: 1. That he he is the owner, or the ;legal representative of the owner, submitting the accompanying application for a public hearing as required by Chapter 55 of the Code of the City of Miami, Florida, affecting the real property 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 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,$Gbmitled in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicant's STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instruent was ac owledged before me this day of Jun � 2000 , by7. /i 0 e r who is personally known to me or who has roduced r,4 D . as identification a who did (did -not) take an oath. ,7 GLENNA J. CARROLL Notary Public - Stote of Florida My Commission Expires Dec. 4, 20034, Name: Notary Public -State of Florida Commission No.: 0-C Y �a-o 9 My Commission Expires: / a —1/—e 0 OWNER'S LIST Owner's Name Rollert. Investments Inc. Mailing Address P. O. Bos 45067.7 Miami Zip; Code 33245'.. Telephone Number (305) 858-9901 See . Exhibit "C.. Legal Description: r.. Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address 'Zip Code Telephone Number Legal Description: Any' other real estate property owned individually, jointly, or severally (by corporation, 11 partnership or privately) within 375 feet of the subject site is listed as follows: see Exhibit, "C Street.Address Legal Description Street Address. Legal Description Street Address Legal Description. 4 12066. Owner's List Exhibit "C" 1. Legal description and street address of subject real property: 1) Legal: lots 4,5,6 and 7 in Block 2, of "Harding Heights" according to the Plat thereof; as recorded in Plat Book 6, at Page 138 of the Public Records of Miami -Dade County, Florida. 2) Property Address: 2744, 2752,2784 & 2800 SW 7"' Street, Miami, Florida 33135 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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 trust, and/or any interested parties, together with their addresses and proportionate interest. Rollert Investments, Inc. Shares 1000/0 Shareholders Name Address % of Shares Rodolfo Lleonart 7135 Collins Ave, Apt 606, Miami Beach, FL 33141 40% Mercedes Lleonart 7135 Collins Ave, Apt 606, Miami Beach, FL 33141 100/0 Orestes Lleonart 9295 SW 35'h St., Miami, FL 33165 40% Magaly Lleonart 9295 SW 35h St., Miami, FL 33165 100/0 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 375 feet of the subject real property. a) Legal description: lots 4,5,6 and 7 in Block 2, of "Harding Heights" according to the Plat thereof as recorded in Plat Book 6, at Page 138 of the Public Records of Miami Dade County, Florida. Property Address: 2744, 2752, 2784 & 2800 SW 7' Street, Miami, Florida 33135 b) Property owned by Mr. Rodolfo & Orestes Lleonart located within 375 feet of the subject real property: 1) Property Address: 2734 SW 7'h St, Miami, FL 33135 Legal: Lot 8 Blk 2 OF HARDING HEIGHTS SUBDIVISION PB6-138 2) Property Address: 2726 SW 7'' St, Miami, FL 33135 Legal: Lot 9 Blk 2 OF HARDING HEIGHTS SUBDIVISION PB 6-138 3) Property Address: 700 SW 27' Av, Miami, FL 33135 Legal: Lot 11, 12 Blk 2 OF HARDING HEIGHTS SUBDIVISION PB 6 —138 4) Property Address: 2713 SW 8'h St, Miami, FL 33135 12066 • DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: See Exhibit "B" • 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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. See Exhibit "B" 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 375 feet of the subject Leal property. See Exhibit "B" vmi4 Owner or Attome4 for Owner STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrumen was acknowled,9�d before me this Jeg day of J U h CO320 Oy , by P'- r 6'z-- who is personal known to me or who has prod ed 16. as identification and who did (did not) take an oath. GLENNA ). CARROLL Notary Public -Smote of Florida Name: `Lo!'� My Commission Expires Dec. 4, 2003 C 884209 Commission #Notary Public -State of Florida C Commission No.: 0_0G[r<Zao % My Commission Expires: / a 3 1. Legal description and street address of subject real property: 1) Legal: lots.4,5,6 and 7 in Block 2, of "Harding Heights" according to the Plat thereof as recorded in Plat Book 6, at Page 138 of the Public Records of Miami -Dade County, Florida. 2) Property Address: 2744, 2752,2784 & 2800 SW 7h Street, Miami, ;Florida 33135 2.. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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 trust, and/or any interested parties, together with their addresses and proportionate interest:: Rollert Investments, Inc. Shares 1000/0 Shareholders. Name Address % of Shares Rodolfo Lleonart 7135 Collins Ave, Apt 606, Miami Beach, FL 33141 401/6 Mercedes Lleonart 7135 Collins Ave, Apt 606, Miami Beach, FL 33141 100/0 Orestes Lleonart 9295 SW 35t' St., Miami, FL 33,'165 40% Magaly Lleonart 9295 SW 35' St., Miami, FL 33165 .100/0 3. Legal description and street address of any real property (a) owned by any Pte' listed in answer to question #2 and (b) located within 375 feet 'of the subject real'property. a) Legal description: lots 4,5,6 and 7 in Block ' 2, of 'Warding Heights' according to the Plat thereof; .as recorded in Plat Book 6, at Page 138 of the Public Records of Miami -Dade County, Florida. Property. Address: 2744, 2752, 2784 & 2800 SW 7'h Street, Miami, Florida 33135 b) Property owned by Mr. Rodolfo & Orestes Lleonart located within 375 feet of the subject real property: 1) Property Address: 2734 SW 7 h St, Mianri, FL -33.13.5 Legal: Lot 8 Blk 2 OF HARDING HEIGHTS SUBDIVISION PB6-138 2) Property Address: 2726 SW 7'h St; Miami, FL 33135 Legal: Lot 9 Blk 2 OF HARDING HEIGHTS SUBDIVISION , PB 6-138 3) Property Address: 700 SW 27 h Av, Miami, FL 33135 Legal: Lot 11, 12 Blk 2 OF HARDING HEIGHTS SUBDIVISION .PB 6 —138 4) Property Address: 2713 SW .8ffi St, Miami, FL 33135 12066 Legal: Lot 15 less E5 Ft Blk 2 OF HARDING HEIGHTS SUBDIVISION PB 6 —138 5) Property Address: 2729 SW a St, lvi'iami, FL 33135 Legal: Lot 17 less S10 Ft for R/W Blk 2 OF HARDING HEIGHTS SUBDIVISION PB 6 —138 c) Property owned by Mr. Rodolfo Lleonart located within 375 feet of the subject real property: 1) Property Address: 2720 SW 7'h St, Man* FL 33135 Legal: Lot 10 Blk 2 OF HARDING HEIGHTS SUBDIVISION PB6-138 2) Property Address: 2719 SW a St, Miami, FL 33135 Legal: lots 13, 14 & 16 Blk 2 OF'FpRDING HEIGHTS SUBDIVISION PB 6 — 13 8 1 / 1 Owner or Power of Attorney Know All Men By These Presents That Rodolfo Lleonart, as President of Rollert Investments Inc Has made, constituted and appointed, and by these presents do make, constitute and appoints Virgilio Perez, with offices at P. O. Box 450677, Miami, Fl. 33245, true and lawful attorney in fact for him and in his name, place and stead to submit an application, prepare all paperwork, make all appearances and do anything that may otherwise be necessary in connection with the various individual sections within the Miami Building _and Zoning Department in order to change the zoning from R-2 to R-3 the described legal description or to subcontract any person or entity that would be required to accomplish said scope of work. For the premises described as: Legal Description Lots 4, 5, 6 and 7 in Block 2, of "Harding Heights" according to the Plat thereof,. as recorded in Plat Book 6, at page 138 in the Public records of Miami — Dade County, Florida. giving and granting unto Virgilio Perez said attorney in fact full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that Virgilio Perez said attorney in fact or his substitute shall lawfully do or cause to be done by virtue hereof. In Witness Whereof, I have hereunto set my hand and seal(s) the 13th day of February, in the year Two Thousand and One. Sealed and Delivered in the presence of X; /�� (L. S.) (L.S.) State of Florida of Dade Be it known that the foregoing instrument was acknowledged before me the 13'h day of February in the year Two Thousand and One by Mr. Rodolfo Lleonart, as President of Rollert Investments. Inc, who is personally known to me or who produce F4 entification and who did not take an oath. Lary Public GLENNA I CARROLL ial # Notary Public - State of Florida to of Florida My Commission Expires Dec. 4, 2003 1 Commission # CC BRA209 12066 n tera.suer+t..w.I er. may RttamPA t/le Oogrr Karl. 8wen int t Cental GOMM Fbl/a 33131 ar.nwr as. ua PmpeftApprab" Pa" Mrllnaarrn ren: F".1141191510 • `a 6R.0 395x' .. ia:il STATUTORY WARRANTY DEED i:�•i �ily.,Ql1 THIS INDENTURE, made Va day of October, 119%. Mwten S ! M PROPERTIES a Fwtaa Gertefar Pamwahp and Ho~o KAPLAN. as Trustee of the 1HoVVARD KAPLAM tNTERvtvOS TRUST AGREEMENT. oat" October 3.1991. aS Grerttols'. tsllpse MMWV address is CIO .tack R Bknmdetn_ ESQ . 26M Douglas Rod. Sage 911 Coral GabkM Flonda 33134. IkCUERT WVESTWNT. INC. a Fign.ft cmpwatw Gramme• wnoscirtat +9 awress ,s WITNESSETH: TTtat>e1e sad Grantee fol and in af�the sun of TEN (St3 tlL1? DOLLARS aro -low ww ano valuable coraderaa Wn to sad Gumem In hand "d by said e. the MVe;pt edleted 6 heflby 7CItnOq:1edQlC. las g Ied. bargained and sold to the said Grantee: and Grwo s hews and angor brew, the bbwrq dex"Lt a Mai prop" sauce. V" and bm1g in Dade Cm*. FW da, to wit Left 4, 5, stw t{. Blonk%HAROM HEIGNTS. 6. of Page WS ofthe Pu mic Reexeds of Dade Subject to: 1. Tam for the ym 1896 sad wbwwnt 2 Eawufus. eestriWoful surd otsvenannt f 3. Alt ttlefsels sa oodtalned on the Plat or m PuMic Recomb of Dade County. Flofida. gtathe Plot enema, as eeeofdetl In Plat Book Fiatida. It any, and not to *lit+lpoeQ #w saw. HEX;HT-c. a reeoeded in Piet Book G. at Page 138 of the and said Gmraw does hereby W via wtt the We to said rand. arta wut come itme sate against hie twul claims of all persons wtmmgoever "C,lanmr and "Grantee" are used Ifor sngetar r. > . as COr4M MQwres $I VMNESS WHEREOF Gla ft has herer:nto S Graettof's ha= arc seal 919 clay arm year fret =me wnttert Sued, sealed and bow ' Posen= .: ! i S 1 M PROPERTIES. a Fimva pwInefshm .f Ail% q}. c7 Lf PMT OFlitaWARD KAPLAN. as T tee of the HOWARD KAPLAN IATTERIM10S TRUST ( Agreement daftd October 3. 1991 STATE OF FLORIDA ) A COUNTY OF DADE Instrumaluwas at;finatee of #w HOWARD KAPLAN INTER OTARY Kar, Swle ammda-at Large 1M Cat vission Exp+ w . CvryFde5VlXVbdRM M81b dee/.rpe this day of October. 1996 perwrh* appeared PROPERTIES. a Florida patbrership and XAPIJM--, REEIIENT dated actober 3.1991. who =l pwser W known ps identiEa- and who did take an oath 'I o�A AaCC4.j%R ROY R LUSTIG a xv:s..• . cs�- s un 3. ccs HARM MN _ s:�;.'-:'r_ 2 0 i"; 1 o f�fin _ rw O t.+ 250 t Z 7 c - r M �c no�J a► C) X b w O Z L oQ C) c') Vr s a� 12066 'Mft1n*uM8Mp*aMdby0rtmdw : 18851 T03 the wpwvWm at PeW A Dine, Esta. MHER ZELMAN, PAUL, BEILEY & VAN SANT, PA 998566913 1999 NOV 05 09:42 1401 BricW Avenue, Sine 700 a&NK Florida 33131 rMs SPACE RESERVED FOR THE CLERK OF COURTS) Property Appraiseft Parcel I.D. No. 01.4104-0350280 THIS DEED is made as of ft 27th day of October, 1999, by and between LUIS M. TAPIA, a single man (the "Grantor"), whose address is 3162 S.W. 26 Street, M -rand, Florida 33133 and ROLLERT INVESTMENTS, INC., a Florida corporation (the"Grantse"), whosetaucpayeridenditafion number is 65- 0567340 and whose address is 706 S.W. 27 Avenue, Miami, Florida 33135. WITNESSETH: GRANTOR. in consideration of Ten ($10.00) Dollars and other good and valuable consideration paid by Grantee, the receipt and legal sufficiency of which are herby aclowwiedged, has granted, bargained and sold, and bythese pts does grant, bargain and sell, to Grantee, and Grantee's heirs and assigns forever, the following property located in Miami -Dade County, Florida (the "Property"), 4o- wit Lot 7, of Block 2, of HARDING HEIGHTS, according to the Piet thereof, as recorded in Plat Book 6, at Page 138, of the Public Records of M-ramf-Dade County, Florida. TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. crzrrr�rOCSTPKE ARVE7 _�rTn- H0 t CLEM � CC=# 1. Taxes and assessments for the year 1999 and subsequent years which are not yet due and payable. 2. A9 laws, ordinances. regulations, restrictions, prohibitions and other requirements imposed by government auttwrity. 3. ' Matters appearing on the plat, or otherwise common to the subdivision, without the Intention of reimposing same. 4. Restrictions, utility easements and other matters of record, without the intention of reimposing same. TO HAVE AND TO HOLD unto Grantee and Grantee's heirs, successors and assigns in fee simple forever. GRANTOR hereby covenants with grantee that Grantor is lawfully seized of the Property in fee simple, that Grantor has good right and IawU aut horityto sell and convey the Property. and that Grantor hereby warrants the We to the Property and will defend the same againstthhe lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year fust above wrttt M Signed, sealed and delivered in the presence at f i LUI A. TAgWeikigle man 12066 -5=..'.:::;�...dht'i`,• S..,mo-�.:�ti_."'i%'�YxS::•:.�?'.i;�; :r,v> Fs.,::- STATE OF FLORIDA ) _ S& ' °`� sirument turased 6 oi8 mB 27at1 : of Ociob6r a999 Li31S ....:. .::.: +...:nieor:has. coed- L a 1M-TAP7;aman; +smecsialif►ioiow�i�o'.. `I+l, �: ident�atiotii snd:todi•an oath. � r[:A , ;. ' � w -J ti z- h?iy NORM HAM MMIJ CLOW CO DMCD&W 'A Y .. ;TATE OF FLORIDA, .COUNTY OF'�nDF -_ +:REBT CERTIF'/ thol the foregoing is o Ime and correct r.;pr of tfiis c,'�`*ND"enc 0 vraol on file in this tsffice. A 3 d AG 10�y e HAAVEV RUVIN, CLERK( of C• chit ard County C lN ourt�' �. 2' .y'��:�"r�:::,iy 12066