HomeMy WebLinkAboutO-12152J-99-932
10/25/01
ORDINANCE NO. 12152
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO. 37 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 R-1 SINGLE FAMILY
RESIDENTIAL AND R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL TO R-4 MULTIFAMILY HIGH
DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED
AT APPROXIMATELY 2500 BRICKELL AVENUE, MIAMI,
FLORIDA; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of
October 18, 1999, Item No. 8, following an advertised hearing,
adopted Resolution No. ZB-1999-0224, by a six to zero (6-0) vote,
recommending 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:
12152
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
Page 37, Article 4, Section 401, Schedule of District
Regulations, is hereby amended by changing the zoning
classification from R-1 Single Family Residential and R-3
Multifamily Medium Density Residential to R-4 Multifamily High
Density Residential for the property located at approximately
2500 Brickell Avenue, Miami, Florida, more particularly described
as "Tract A" of Hampton Inn at Brickell Subdivision, according to
the plat thereof, as recorded in Plat Book 5, Page 44, of the
Public Records of Miami -Dade County, Florida.
Section 2. It is hereby 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;
Page 2 of 4
:x.2152
(g) will not adversely influence living conditions in the
neighborhood;
(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 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. 37 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 hereby 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 hereby 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 12
15
`,
Section 6. This Ordinance shall become effective
simultaneously with its companion Comprehensive Plan amendment
(Ordinance No. ), which takes effect thirty-one (3 1) days
after final reading and adoption thereof pursuant to
Section 163.3187 (3) (c) , Fla. Stat. (Supp. 1998) .1l
PASSED ON FIRST READING BY TITLE ONLY this 16th day of
November , 1999.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of October , 2001.
JOE CAROLLO, MAYOR
ATTEST:
W�-,,9ter J
WALTER J. F
CITY CLE&
APPROVED A$ TO/FORM AND CORRECTNESS:
PITY/ATTORNEY
W7 YMT:eij:RCL:BS
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 `�
J
y,
regarding game, without th : Mayo;
rcb s�n9
ATTEST:
W�-,,9ter J
WALTER J. F
CITY CLE&
APPROVED A$ TO/FORM AND CORRECTNESS:
PITY/ATTORNEY
W7 YMT:eij:RCL:BS
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 `�
ZONING FACT SHEET
PZ -7
SECOND READING
Case Number: 1999-0240 18 -Oct -99 Item No: 8
Location: Approx. 2500 Brickell Avenue
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Charles Leemon III & Linda Leemon Chad Williard, Esq.
3640 Fairlane Farms Road, Suite 2 999 Ponce de Leon Blvd.
Wellington, FL 33414 Coral Gables, FL 33134
App. Ph: Rep. Ph: (305) 444-1500 ext
Rep. Fa (_) = ext
Zoning: R-1 Single-family Residential
R-3 Multifamily Medium -Density 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 R-1 Single -Family Residential and R-3 Multifamily Medium -
Density Residential to R-4 Multifamily High -Density Residential.
Purpose: This will allow a new addition to the existing hotel.
Recommendations:
Planning Department: Approval
Public Works: No comments
Plat and Street Committee: N/A
Dade County Transportation: No comments
Enforcement History, If any C.E.B. Case No: Last Hearing Date:
Found:
Violation(s) Cited:
Ticketing Action:
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History: The Planning Advisory Board recommended approval to the City Commission for
the Change in Land Use on 09/22/99, by a vote of 9-0.
Analysis: Please see attached.
Zoning Board Resolution No.: ZB 1999-0224
Zoning Board: Recommended approval to City Commission. Vote: 6-0
City Commission: Passed First Reading on November 16, 1999. 1 5 2
Continued from CC of October 26, 2000. i
ANALYSIS FOR ZONING CHANGE
Approximately 2500 Brickell Avenue.
CASE NO: 1999-0240
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 has been reviewed
for an amendment to the Zoning Atlas as follows:
The request is to change the Zoning designation as follows:
Lots 36, 37, 38, 47, 48 and 49 on Block 56 BRICKELL'S FLAGLER SUBDIVI-
SION, (5 - 44), from R-1 "Duplex Residential" to C-2 "Liberal Commercial".
The following findings have been made:
• It is found that the subject properties create an isolated block parallel to the Ricken-
backer causeway.
• It is found that the subject properties consists of an existing Hampton Inn Hotel and it
is also found that the hotel use on this property has been existing for more than
twenty years.
• It is found that the purpose of this application is in order to legalize an existing grand-
fathered use and that will increase the possibility of the subject properties being en-
hanced in a manner which will directly benefit the adjacent area.
Based on these findings, the Planning and Zoning Department is recommending
approval of the application as presented.
12152
ANALYSIS FOR ZONING CHANGE
Yes No N/A
CASE NO. 1999-0240
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.
Miami Zoning Board
Resolution: ZB 1999-0224
Monday, October 18,1999
Ms Gloria M. Basila offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED
APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING
ATLAS OF ZONING ORDINANCE 11000, PAGE 37, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS FROM R-1 SINGLE FAMILY RESIDENTIAL AND R-3 MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL TO R-4 MULTIFAMILY HIGH DENSITY FOR THE PROPERTY
LOCATED AT APPROXIMATELY 2500 BRICKELL AVENUE LEGALLY DESCRIBED AS LOTS 36, 37,
38, 47, 48 AND 49, BLOCK 56, BRICKELL'S FLAGLER (5-44), PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL AND R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL.
Upon being seconded by Mr. Osvaldo Moran-Ribeaux,
the motion was passed and adopted by the following vote:
Ms. Gloria M. Basila
Yes
Mr. Juvenal Pina
Yes
Mr. Humberto J. Pellon
Yes
Mr. Fidel A. Perez
Away
Mr. Ricardo D. Ruiz
Away
Mr. Charles J. Flowers
Yes
Mr. George Barket
Yes
Ms. Ileana Hemandez-Acosta
Away
Mr. Osvaldo Moran-Ribeaux
Yes
Ms. Fernandez: Motion carries 6-0
AYE: 6
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ASSENTS: 3
Teresita L. Femandez, Chief
Office of Hearing Boards
Case No.: 1999-0240 Item Nbr: 8
12152
SECTION 2210. NATURE AND REQUIREMENTS OF ZONING BOARD
REPORT TO CITY COMMISSION
(CIRCLE APPROPRIATE CONDITIONS)
When pertaining to the rewnarg of land under application made under
Article 22, the report and recommendation of the Zoning Board small show
that the Zoning Board has studied and considered, where applicable, whether
or not:
(a) The proposed change conforms with the adopted Miami
Cave Neighborhood Plan and does not require a plan
amendment;
(b) The proposed change is in harmony with the established land use
lam;
(c) The proposed .change is related to adjacent and nearby districts;
(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, utilities, 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 tuft and
does not affect public safety to a greater extent than the existing
classification;
6) 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 classificatiao;
(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 area for the
proposed use in districts already permitting such use.
(MOTION) After considering the factors set forth in Section 2210 of
Ordinance 11000, I the request be recommended to the City
Commission for OV ) (DENIM,).
t.;J."mm'M 0
Agenda Item
Date
12152
1 v
5�
a a
, • S ,O 2 1
YIII
�. <•• •.1
4
CITY OF MIAMI
OFFICE OF HEARING BOARDS
APPLICATION FOR AMENDMENT TO
ZONING ATLAS AND/OR OVERLAY DISTRICT
SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES
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 ACTMTIES 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.
I, Charles Leemon III and Linda Leemon, his wif%ereby 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, furnish the following information (see Article 22 of the Zoning Ordinance):
1. Address ofroPertY� 2500 Brickell Avenue, Miami, Florida
P
2. Folio number: 0141 39 001 0560
3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the
date of application.
4. Affidavit disclosing ownership of property covered by application and disclosure of interest (see attached
form).
5. Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered
by this application.
6. At least two (2) photographs that show the entire property (land and improvements).
7. Present zoning designation(s): R- 3 and R-1
8. Future zoning designation(s): R-4 (proposed)
9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this
application). N/A
12152
10. Statement explaining wh, present zoning designation is inappropriate.
See Exhibit "A"
11. Statement as to why proposed zoning designation is appropriate.
See Exhibit "B"
12. Recorded warranty deed and tax forms for the most current year available that show the present owner(s)
of the property.
13. Others eci N/A
(P fy)�
14. Filing fee of $ . according to Section 62-156 of the Zoning Ordinance:
Change of zoning classification:
CS, PR, R-1, R-2, per square foot of net lot area...........
Minimum........................................................................
R-3, R-4, O, GII, HP per square foot of net lot area ..............
Minimum................................................................................
.................................$ 15
.................................$ 635.00
.............$ .20
............$ 750.00
C-1, C-2, I, 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................................................................................................................$1,000.00
Public hearing mail notice fees, including cost of handling and
mailingper notice...................................................................................................$ 3.50
i
SignatureW. Chad w1iliard, Attorney
Name for property owner/applicant
Address
999 Ponce de Leon Blvd., #1000
Coral Gables, FL 33134
Telephone 305-444-1500
Date
12152
Exhibit "A"
Inappropriateness of Current Zoning Classification:
The subject property, 2500 Brickell Avenue (the "Property"), is currently zoned R-1 and
R-3. That portion of the Property which is zoned R-3 obtained that classification in 1957 by
order of the Supreme Court of Florida (Tollius v. City of Miami, 96 So 2d. 122, (Fla. 1957)). In
Tollius, the Court found that the requested hotel use proposed for the Property was appropriate
given the fact that it was "a veritable island" surrounded by four and five lane streets on all
sides. At that time, the zoning district which allowed hotels was R-3. Therefore, the Court
ordered the City of Miami to rezone the Property to R-3. In the (approximately) forty two years
(42) that have passed since said R-3 rezoning, the surrounding streets and highways have only
grown and intensified; thereby confirming and validating the Tollius decision which authorized
the hotel use.
The appropriateness of hotels on the Property notwithstanding, at some point during the
late 1960s or early 1970s, the text of the City of Miami Zoning Ordinance was amended to
delete hotels as a permitted use in the R-3 zoning district (See Attached April 21, 1997, City of
Miami letter to architect, David Jay Feinberg). The consequence of this amendment to the R-3
zoning ordinance (pursuant to a City of Miami opinion) was that the Property's existing hotel use
was rendered a legal non -conforming use, which prohibited the Property owner's ability to
expand the hotel as a matter of right.' Thus, in order to obtain a development order to expand
the hotel, the Property owner must amend the City of Miami Zoning Atlas to change the zoning
of the Property to R-4 (R-4 is the first zoning district that permits hotels as a matter of right).2
But for the aforementioned change to the R-3 zoning ordinance, the Property owner
would be permitted to undertake the hotel expansion as a matter of right. Moreover, a review of
the existing conditions around the Property confirm that the requested expansion (and the
proposed R-4 rezoning) is indeed compatible with the surrounding area. In particular, as was
the case at the time of the Tollius decision, the Property continues to be a "veritable island"
surrounded by major streets and highways: SE 25th Road to the east, Brickell Avenue to the
south, the 1-95 flyover to the west and South Miami Avenue to the north. Given the unique
characteristics and location of the Property, the proposed expansion of the hotel from three
stories to five stories is both appropriate and compatible. Consequently, the current R-3 zoning
district (which no longer permits hotel uses) and R-1 zoning district (which is essentially an
isolated, "spot zone") are inappropriate — an error which can be remedied by approving the
application to rezone the Property from R-1 and R-3 to R-4.
\\CW PAI \SYSWPPS\W ORMMISCUiamptonExZoning.doc
' This zoning application is being submitted to the City of Miami because it has been determined by the
Property owner as the most expeditious way in which to receive authorization to allow the above
mentioned expansion to the hotel. However, in so filing this zoning application (and accompanying land
use designation amendment application), the Property owner does not waive its assertion that the
aforementioned Tollius decision is binding on the City of Miami and, therefore, entitles the Property owner
to the hotel expansion requested herein, as a matter of right.
2 It should be noted that the existirig hotel (as well as the proposed expansion thereto) is located entirely
on the R-3 portion of the Property. The rezoning of the R-1 portion of the Property is required in order to
permit its continued use as parking for the hotel — clearly a benign, passive use.
12152
Exhibit "B"
Appropriateness of Proposed Zoning Classification:
The merits of the request to rezone the Property from R-1 and R-3 to R-4 are
memorialized in Exhibit "A" attached hereto and are herein incorporated by reference. The
Property's R-3 zoning classification no longer allows hotel uses; the R-4 zoning district is the
next available district which permits said hotel; therefore, simple deductive logic dictates that R-
4 is the appropriate zoning classification for the Property.
Moreover, as compatible as the proposed R-4 zoning classification is with the
surrounding area, the portion of the Property which is zoned R-1 is equally incompatible: as
discussed in Exhibit "A" attached hereto, the Property is a veritable island isolated from any R-1
properties. Therefore, if approved, the R-4 rezoning request will correct the Property's current,
inappropriate zoning classifications.
Finally, approval of the requested zone change will greatly benefit the surrounding area
in that it will allow the hotel to expand to meet the increased demand for hotel rooms which
exists in the adjacent Brickell Avenue area.
F:\APPS\WORK\MISC\HamptonExZoning.doc
4.1
cif II 4HMUVA�
JACK L. LUFT
Director �►at u0u r
�► u o
April 21, 1997
Mr. David Jay Feinberg, AIA
4960 Southwest 721 Avenue, Suite 306
Miami, Fl. 33155
Re: Zoning for Hampton Inn at 2500 Brickell Avenue
Dear Mr. Feinberg:
EDWARD MARQ�;=
Citv ,%iana¢er
Pursuant to your letter of December 19, 1996, and our subsequent meetings regarding your client's desire
to expand the existing Hampton Inn at 2500 Brickell Avenue, please be advised that the Department of
Planning and Development contends that the zoning on the subject property was amended sometime in the
late 1950's (as demonstrated by our research of the historical zoning atlas in this department). It is also
evident upon our research that the text of the Zoning Ordinance was amended sometime in the late 1960's
or 70's to delete hotel uses from R-3 zoning districts.
Pursuant to the above referenced amendment having been approved by the City Commission without an
objection or appeal by your client at that time, this department would argue that the amendment is valid
and that it cannot be objected to at this time.
As we discussed, a more appropriate way for your client to be able to expand his hotel would be to apply
for a change of zoning on his property from R-3 to R-4 (which is the first district that permits hotels). One
of the criteria this department uses to evaluate a request for change of zoning is whether there are changing
conditions in a particular area that wan -ant such a need for a change of zoning, another is compatibility. It
appears, upon a preliminary review of the existing conditions surrounding the subject property, that such a
request may be appropriate, however, the final staff recommendation for such a change would have to be
evaluated by the Director of this department at the time of the application.
Please advise if you have any further questions regarding this matter.
Sincerely,
urdes Slazyk
Assistant Director
cc: Joel Edward Maxwell, Deputy City Attorney
Jack L. Luft, Director, Planning and Development
Santiago Jorge -Ventura, Interim Director, Building and Zoning
Juan Gonzalez, Acting Zoning Administrator
Rafael Rodriguez, Coral Way NET Administrator
DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION
444 S.W. 2nd Avenue/Miami. Florida 33130/(305) 416-1400/felecopier 6051 41 6-21 56 i�
Mailing Address: P.O. BOX 330708/Miami. Florida 33233-0708 2
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
1999 , by W. Chad Williard who is personally known to me or who has N
produced as identification an w o i i not) take an oath.
Notary Public -State of Florida
Commission No.: —
My Commission Expires: l AL NA i i.i:`v: •.i, '
NOTARY' Ei iC 57.7111 OF'rL'.'
MY
********w********w*wwwww+►w+►wwwwwwwwwwwwwwwwwww,t*wwwwwww+twwwwwww,twwwwww*wwwwwww*+cw*w�erew**i,►•w*****
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
19 , 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.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
*wwww********wwwwwwwwwwwwwwwwwwwwwwwwwwww****w*wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww
STATE OF FLORIDA
COUNTY OF NIIAMI-DADS
The foregoing instrument was acknowledged before me this day of
19 , 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.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
12152
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF MIAMI-DADE }
Chad l;'illia: d
Before me, the undersigned authority, this day personally appeared
who being by me first duly sworn, upon oath, deposes and says:
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 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 submitted in conjunction with this affidavit are true
and correct.
Further Affiant sayeth not.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
App.hcant's Signature
The foregoin& instrument was acknowledged before me this ' day of
19 by ' , ` , ' , ' l ' ' ' -; , who is petsona N known to me or who has
produced ! /f— as identification and who did (did not) take an oath.
Name: t t: ;,.,. ; ;,..,.._._
Notary Public -State of Florida
Commission No.:
My Commission Expires:
12152
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lots 36,37,38,47,48 and 49, Block 56 "Brickell's Flagler" according to the Plat theree�
as recorded in P.B. 5 at Page 44 of the Public Records of Dade County, Florida. - less
right-of-way for Brickell Avenue.
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. Charles Leemon III and Linda Leemon, his i ife = 100'6
3460 Fairlane Farms Road, Suite 2
Wellington, FL 33414
3. Legal description and street address of any real property (a) owned by any parry listed in answer to question #.2, and
(b) located within 375 feet of the subject real property. N/A
Owner or Attorney for Owner
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of - f
19 ' ?by i , fit who is personally known to me or who has
produced as ident�.fication and who did (did not) take an oath.
1
Name: .
Notary Public -State of Florida
Commission No.:
My Commission Expires:
12152
OWNER'S LIST
Owner's Name
Charles Leemon III and Linda Leemon, his wife
Mailing Address 3640 Fairlane Farms Road, Suite Z Wellington,
FL Zip Code 3'414
Telephone Number
Legal Description:g to the
Lots 36 37,38,47,48 and 49, Block 56 "BrpublictRecordsckells eof DaderCo ty, Flo pdt thless
as recorded if p'BrickellpAvenue,e 44 of the
right-of-way
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, partnership or privately) within
375 feet of the subject site is listed as follows:
Street Address Legal Description
NONE
Street Address
Street Address
Legal Description
Legal Description
Jun -28-99 03:S3P Charles Leemon
-.05
This Tristrumem Prepared by:
lame. H. Sweeny.
44 West Flagler Stree?, lath floor
Nhattu. Honda 33130-1308
Parcel IM No. 01 4139 001 0560
30S-232-3325 P -O2
9ZRSCJ 44-'97 1995 JUL :Z: 12!.5
DOCSTME 4r800.00 SURTX 3.600.00
HARVEY RUVIN► CLERK DADE COUMTT, FL
WARRANTY DEET)
IlU'
TIIIS I.NDENTURE. made this 3i qday of July, 1995, bctw-ccn Margarets M.
Tollitrs and 'risomu G. Tollius, as trustees under the trust created under the last will and
t�:.tarneni of Go•ta A. Tolhuc, deceased. (the -0, mors"), of the County �of at r�c SVtr Nonda, whose address is �S! J�_ �. / 1 r $i-����:Gi ��rlecsl au
.CeR nr
IT[ and Linda Leerrion, his wife (the "Granites"), of the County of t ide lit the St.JTr Of
Honda. wh,vc twsr office address is c/o Holiday Imi. 10/•/5 Cairihbcan rilv&, Mrinu. Horui:,
3*4189.
WiTN F:SSETN.
That Grantors, for ;jttd in consideration of the such of Ton and No/100 Dollars
(cl()AM. to Grantors in stand paid by Grantees, the receipt whereof i. hereby aclenowl,%1vee1,
havc _gratt od. hareatned and sold to Grantees. their heir. surd a."t};tr f�re�cr, land..itrt.itc,i .n
Dade C'o►ully. Horida, described as:
l�>T, :36. 37, 39, 47, 48, and 49. Block 56. of 8RLCKELL'S F) A(YLli)t
SIIAUfl'1CION, according to the Plat thereof rocorde:d in plat hook 5. m pa£r
44, public records of D=ide County. Florida
Subject to: Taxes for 1995 azul subsequent years; Toning and other regulatory restrictions
impo,-ed bv novcinmenral authority; iutd easements, restrictionsc and agramtents of record. and
(Object to the 99-yeat lease recorded in O.R. Book 2256 at Page: 563, and •upplenicutal ic:„e
.,ttreement recorded in O.R. Book 3853 at Pagge b49 of the public racutds of made C:-�;itil%.
rlmiaa, none of w fuch are intended to he reimpcncd hereby.
Amor f.i,:antor dues herchy .pedally warrant the title to x:iid luted, and will d;:TC1,d Itle,
same aramst the. lawful claims of all persarts whomeoe.ct
-I-
12152
.jun -28-99 03:53P Charles Leetmcn 305-232-3325
%r'.�1.'LiL�� -3506
(N %*T'VNI:} SS WHEREOF, Grantor has hereunto -,ct lu• hand And acral on 1t-( � w
h?t rl, ahovc .
Sic ned. Seale 4nd WliVOTed
f�•'1171c•�� : t!�tlai' t� 3/r� '
(Print witness nautr)
;�'tUlccy at�tlaturc) .
1:J7�. LC�.l�e�2l�_1�1111!/• �u C>~
(Print w v itc•. matte)
STATr OF FLORIDA }
C(WNTY 01- DADL t
tnistee urldC7 t}lc INC► creiartl with r t1n:
List will and tc-a smc:nt of Gt.N-a- -k r •;I u
:tCc;a;aac:cl - -
Thomas 0. Tollius. bidividually anti 4%
i rts.tt:c under the trvrr created ut,tict
last will anti tectam rrt M .1
deceascd
The io,c i.-oin- tr,nmiment was acknowledged before rve, the uruic•t>,rned not;,-%•
tlu: 3/ : • vI' ;�,1� . 1995. by hlaibarela M 'TAIli . ;ind 11jumas G Tolliuk. rn,1l,. i(L:::1: •. u7,c1
4? tr1;acv; iinder tic: Irwo stented undcr the last twill aril trctarnant of GcAll A
Q:cewe`., cr,•hn wrsonally appeared before me at the•'.uric of acknuw•)ed},t34 and tt.�r;ut,::+trnrr
••hr arc: PCTS01i 1115 knctwn to mc. or who produced and exhimited to me a current 'I
clnver'c liceiise as evidence that they are the peraans who ate dr -scribed in and who cxc-ci,tt:ti
itis fmcratn instruiricrit. and who did not take an hath.
(Signatuic of Notary Nubl,c) �.
(Otticial SeAtl)
(Typed ctr Printed Name of Ncua7- Vkibl:c
Notar%• Public. State of Frl.-rida
-;Ct S Captis wAlewlNG
,Mr c �wwi�7�n CC3atp?
socja�-.Yrs
, —W -p rrur rd
P.03
1215 4t
OCT
EOB 8023623752 P.03
r4�'�" '}
Submitted into theublic 13 oc�
P � �
rec , in connection with
item on Q i Lf (`
Walter Foernarg
City Cierk -
•�C R
I
`` ��•:o �t�2l.G /L�44-Lc'C-r.LG� . ECe�T� �.
' f
C3�>.• o� fro �� '
� ,01
'i
'4
DO
G�> G •fir -Z �?ir�'rLO ��=
S
ZZZ
L.. 1.
23 2001 11:25 8023623752 PAGE.03
OCT
EOB
;1
�17
IEV
,6y oz
lye
1
i 3 (SD X /70
8023623752
P. 04
i
Submitted into the pUblic',
record in connection with.
item P 7 on —W-115
Walter Foernan .
City Clerk
1215
23 2001 11:25 6023623752 PAGE.04
DCT
EOB 8023623752 P.05
Submitted into the public y
` record in connection with
;f
stern PZ' on � °� F
Walter Foem' an
1 Ci,y Clerk
I ���Z �l � •� � i 1
N, d
I,4 r4 G'
I � '
ell
23 2001 11*26
8023623752
2152
PAGE. 05
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Walter Foeman
City Clerk
FROM:
Eileen Damaso
Chief of Staff to Commissioner Sanchez
DATE: October 25, 2001 FILE
SUBJECT: Jennings Rule
2500 Brickell Ave. — R1 to R4
REFERENCES:
ENCLOSURES:
I am forwarding correspondence received by this office and not viewed by
Commissioner Joe Sanchez regarding the rezoning of 2500 Brickell Ave — R1to R4.
Cc: Alejandro Vilarello, City Attorney
12152
TO: Mayor J. Caroilo
Commissioner W. Gort
Commissioner J. Sanchez
Commissioner A. Teele
Commissioner J. Winton
Commissioner T. Regalado
FROM Eva Nagymihaly
DATE October 25, 2001
PAGES 4 (INCLUDING COVER)
REF TODAY'S HEARING
REZONING 2500 BRICKELL AVENUE — R1 TO R4
12152
vo/I0'd 98£SOSES0£6 01 Si£Z ££S S0£ U3Id3WU d0 ANUG 8J £Z:80 i00Z SZ 130
EOB e023623752
:000�
0--Zep
Al 'o4v
I
0
DO
12152.1
-e- �cn
9023623752
vo/eo*d 982SOSES026 01 STEE 22S SOZ 00183WU AO MUS 6A VF:80 TOOZ SE 100
Q
t,�p 802._ 23732 P. 04
i 3
1 {
' F
i
7
IJ
� .3 ;CSO � x X70 � ,-�.a��-�t�,�.c� �f�,o •,
1
i
�
A 215..
6023623752 PRGE.04
1rT ^19 71?f71'I'•I :'�G
b0/20'd 982SOGES026 01 STEE EES S0Z OD183WU d0 ANUG bd VZ:80 i00Z SZ 1J0
V0'390d -IUIOI
8023623752
e, e,
cow
M C7
/to
70/t70*d 982GOSES026 oi ST2Z 22S soz
12152
802:3623752 PAGE.05
U0183WU dO ANblg NA SZ :80 TOOZ SE iDO