HomeMy WebLinkAboutO-11986J-00-680
8/9/00
11986
ORDINANCE NO.
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 PROPERTY
LOCATED AT APPROXIMATELY 5061-5075 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, FROM OFFICE TO
RESTRICTED COMMERCIAL; 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
June 13, 2000, Item No. 4, following an advertised hearing,
adopted Resolution No. PAB 29-00, by a six to zero (6 to 0) vote,
thus constituting a RECOMMENDATION OF 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:
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
designations from Office to Restricted Commercial, for the
properties located at approximately 5061-5075 Biscayne Boulevard,
Miami, Florida, more specifically described as Lots 1 and 19,
Block 6, BAYSHORE PLAZA SUBDIVISION UNITS NOS. 4 AND 5, (43-74)
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 land use of more than 10 acres or a density
of more than 10 units per acre or involves other land
use categories, singularly or in combination with
residential.use, of more than 10 acres;
(c) is one which involves property that has not been the
specific subject of a Comprehensive Plan change within
the last year;
(d) is one which does not involve the same owner's property
within 200 feet of property that has been granted a
Page 2 of 4 11986
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 only proposes a
land use change to the future land use map;
(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 Planning and Development to immediately
transmit a copy of this Ordinance, upon approval on First Reading
and again 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.
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.
Page 3 of 4 11986
Section 7. This Ordinance shall become effective after
second and final reading and adoption thereof pursuant and
subject to §163.3189 Fla. Stat. (1999)."
PASSED ON FIRST READING BY TITLE.ONLY this 28th day of
September , 2000.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 26th day of October .2000.
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 place provided, said legislat cl r "a"N
becomes effective with the elapse of ten (10) da -1 m + date of CQ... niss:C
regarding same, without the Mayor exercising�t vim.
ATTEST: e e
Walter J. Foeman, "I
d
WALTER J. FOEMAN
SS :t
�i 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
I1986
E
4 PZ-8
SECOND READING
APPLICANT
HEARING DATE
REQUEST/LOCATION
LEGAL DESCRIPTION
PLANNING FACT SHEET
Xavier Lesmarie, for Fiftystreet Investments. LLC
June 13, 2000.
Amendment to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan Map.
Complete legal description on file at the Hearing Boards Office.
PETITION Consideration of amending Ordinance 10544, as amended, the
Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP) by
amending the Future Land Use Map by changing the land use
designation for the properties located at approximately 5061-5075
Biscayne Boulevard from "Office" to "Restricted Commercial".
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND Please see attached analysis.
ANALYSIS
PLANNING ADVISORY BOARD Approval VOTE: 6-0
CITY COMMISSION Passed First Reading on September 28, 2000.
APPLICATION NUMBER 2000-019 Item #4
CITY OF MIAMI - PLANNING DEPARTMENT
444 SW 2"D AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
1
11986
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 5061-5075 Biscayne Boulevard.
Application LU No. 00-10
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from "Office" to "Restricted
Commercial'. The subject property consists on two parcels fronting Biscayne Boulevard
between NE 50`b and 51' Streets more specifically described as Lots 1 and 19, Block 6,
BAYSHORE PLAZA SUBDIVISION UNITS NO.4 AND NO.5 (43-74).
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 "Office" and the same designation is immediately to the north; to the south
and east, the designation is "Single Family Residential' and to the west, the area is
designated "Restricted Commercial'.
The "Office" designated areas allow residential. uses to a maximum density equivalent to
"High Density Residential which is 150 dwelling units per acre, subject to the same
limiting conditions; transitory residential facilities such as hotels and motels; general
office use; clinics and laboratories, and limited commercial activities incidental to
principal activities in designated areas. Supporting facilities such as auditoriums,
libraries, convention facilities, places of worship, and primary and secondary schools may
be allowed with the "Office" designation.
The Restricted Commercial category accommodates commercial activities that
generally serve the daily retailing and service needs of the public, typically requiring easy
access by personal auto and often located along arterial or collector roadways. Residential
uses equivalent to High Density Multifamily Residential, up to 150 dwelling units per
acre, including hotels, are also permissible within this land use category. Commercial
uses include general retailing, personal and professional services; real estate; banking and
other financial services; restaurants; saloons and cafes; general entertainment facilities
and private clubs and recreation facilities whose scale and land use impacts are similar in
nature to those uses described above. Other permissible land uses include motels and
hotels; community based residential facilities; offices; major sports and exhibition or
entertainment facilities; places of worship and primary and secondary schools. Mixed -
uses containing commercial, office and/or residential are also permissible within this land
use designation.
- 11986
The Planning and Zoning Department is recommending APPROVAL of the
application as presented based on the following findings:
• It is found that west of the subject properties, across Biscayne Boulevard, there is an
area designated Restricted Commercial.
• It is found that the existing character of Biscayne Boulevard is commercial in nature,
except for a small strip just north of the subject properties, which is designated
"Office"; however, within .this "Office" area, there are a number of grandfathered
commercial uses, including 'motels which are, now no longer permitted within this
portion of Biscayne Boulevard,
• It .is found that the change to "Restricted Commercial" is a logical extension of that
category given its location on Biscayne Boulevard. The "Restricted Commercial"
category will allow the subject properties to be developed in a manner which can
more directly serve and enhance the Boulevard and the surrounding areas.
• It is found that this application is supported by MCNP Objective LU-1.3 which
require the City to encourage commercial development within existing commercial
areas.
These fmdings support the position that the existing land use pattern in this neighborhood
should be changed.
It also should be stated, that whereas MCNP Land Use Policy. ,1. L I. 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, 11986
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF. MIAMI PLANNING DEPARTMENT
Proposal No. 00-10 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 06/09/00 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION I CONCURRENCY ANALYSIS
Applicant: Xavier Lesmarie
Address: 5061-5075 Biscayne Blvd.
Boundary Streets: North: NE 51 St. East:
South: NE 50 Ter. West: Biscayne Blvd.
Proposed Change: From: Office
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
Residential 0.66 acres @ 150 DU/acre
Peak Hour Person -Trip Generation, Residential
Other 0 sq.fL@ 0 FAR
Peak Hour Person -Trip Generation, Other
RECREATION AND OPEN SPACE
Population Increment, Residents
Space Requirement, acres
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
POTABLE WATER TRANSMISSION
99 DU's Population Increment, Residents
50 Transmission Requirement, gpd
0 sq.ft. Excess Capacity Before Change
0 Excess Capacity After Change
Concurrency Checkoff.
Proposed Designation, Maximum Land Use Intensity
Residential 0.66 acres @ 150 DU/acre 99
Peak Hour Person -Trip Generation,- Residential 50
Other 0 sq.ft.@ 0 FAR 0
Peak Hour Person -Trip Generation, Other 0
Net Increment With Proposed Change:
Population
Dwelling Units
Peak Hour Person -Trips
Planning District Upper Eastside
County Wastewater Collection Zone 109
Drainage Subcatchment Basin E3
Solid Waste Collection Route 6
Transportation Corridor Name Biscayne
RELEVANT MCNP GOALS, OBJECTIVES, AND PC
Land Use Policy 1.1.1
CIE Policy 1.2.3.
NOTES
1. Permit for sanitary sewer connection must be issued by
Metro -Dade Water and Sewer Authority Department (WASA).
Excess capacity, if any, is currently not known
CM 1 IN 03/1
DU's SANITARY SEWER TRANSMISSION
Population Increment, Residents
SO. Transmission Requirement, gpd
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
STORM SEWER CAPACITY
Exfiltration System Before Change
Exfiltration System After Change
Concurrency Checkoff
SOLID WASTE COLLECTION
Population Increment, Residents
Solid Waste Generation, tonstyear
Excess Capacity Before Change
Excess Capacity After Change
Concurrency Checkoff
TRAFFIC CIRCULATION
Population Increment, Residents
Peak -Hour Person -Trip Generation
LOS Before Change
LOS After Change
Concurrency Checkoff
0
0.00
182.80
182.80
OK
>2% above demand
>2% above demand
OK
0
0
See Note 1.
See Note 1.
WASA Permit Required
On -site
On -site
OK
0
0
500
500
OK
0
0
B
B
OK
ASSUMPTIONS AND COMMENTS
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. Tramportarbn Corridor capacities and
LOS are from Table PT-2(Rt). Transportation Corridors report.
. Potable water and wastewater trwisrnfasion 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; d not,
new connections are to be installed at owners expense.
Recreation/Open Space acreage requvemerrts are assumed with proposed
change made.
11986
RESOLUTION PAB -29-00
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
5061-5075 BISCAYNE BOULEVARD FROM "OFFICE" TO "RESTRICTED
COMMERCIAL".
HEARING DATE: June 13, 2000
ITEM NO.: 4
VOTE: 6-0
ATTE
xz4/ 4r��
a Gelabert-Sant it for
Planning and Zoning Department
N. E
OFFICE
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RESTRICTED a
COMMERCIAL,
Simons
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SINGLE
FAMILY
RESIDENTIAL ,
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. . . . . . . . . . . .
To
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CITY OF MIAMI 0,0_1 D
OFFICE OF HEARING BOARDS
APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
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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 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.
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NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
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 building 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 plan 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 pf
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 plan 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.
11986
l o. Restricted Cumrnercial (C 1)
'!ease supply a statement indicating why you think the existing plan•designation is inappropriate:
Neither the present"O" zoning (witch, only allow office and residential), nor the old motel, Grand
Fathered in its use will permit the Upper East Side of the Boulevard to gain its own community identity. —
The upper East Side is seeking its reborn by being at first a neighborhood friendly destination, and
regaining the "Village Flavor" it always meant to have. "C I" zoning (or SD9) is the more appropriate
one. It will create possibility of Shops, Retails and being able to economically rehabilitate the old
-existing motels witch gives today its uniqueness to the area. But change of use is mandatory: —
To stop prostitution getting roots in motels .
-- To create social environment.
Our company wants to make of the 1947 Deco building a restaurant-cafd with outdoor terrace and a
gourmet shop. Parking lot with landscaping: will be built instead of the old -New -Deal motel .in very poor
condition.
tease supply a statement justifying your request to change the plan to your requested plan designation.
C l (or SD9) is a proper zoning for a restaurant/Retail. The lot size has the proper characteristic to .be _
rezoned C 1 (on the opposite side of this lot the zoning is already C 1, the 2 lots size are respectively
13,284 square feet and 15,444 square feet for a grand total of. 28,728 square feet, and 222 feet of _
frontage on Biscayne Boulevard). This zoning designation is also the more appropriate to move toward a
"New" Biscayne Boulevard Upper Eastside district by:
Creating friendly pedestrian environment (as a restaurant with outdoor terrace and a gourmet shop will do)
-► Respecting the spirit of the proposed Upper Eastside Master plan adopted by the commission in June 1999.
— Promoting a positive community identity.
-hat is the acreage of the property being requested for a change in plan designation?
0.66 acres
is the designation of this property been changed in the last year? No.
you own any other property. within 200 feet of,the subject property? _ No if yes, has this other,
Operty been granted a change in plan designation within the last twelve months?
lde you made a companion application for a change of.zoning for the subject property with the Planning and Zoning
,ards Administration Department? yes
E
•
lave you filed with the Planning and Zoning Boards Administration Department: Affidavit, of ownership? Yes
ist of owners of property within 375 feet of the subject property? Yes Disclosure of ownership
orm? Yes If not, please supply them.
Signature:
Name:�Xavier Lesmarie
Address: 1230 Ocean Drive
Miami Beach, FL 33139
Telephone: 305-672-2579 ext. 108
Date: Sunday April 2"d, 2000
11986
STATE OF FLOPJDA
cOUNTY Of MAMI-DAD
The foregoing instrument was acknowledged before me this dny of _
19 . by who is,petsonaliv known to me or who hay
produced as identification and who did (did not) take an oath
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
ArAlAAlAAl6wrAr•irrA!`lAArliwrl�rlgrrwlbbwrflAlrllbrfwrrlirwllwwrAAwlLwrwrssrswworrrrerorerarrr�
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before ;me this TUESDAY _day of A PR I L 4 t h
W2JOby Xavier LESMARIE of FIFTY STREET INVESTMENT
a LIMITED LIABILITY COMPANY OF FLu_RIDA corporation. on. behalf of the corporation..
He/She is personally known to me orh&% produced DL n° L256-953-64-427-0 identification
and who did fjRNM) take in oath.
DID .
c^o`I%ord GABO.
' CHALLANS CEDEX 1
y✓/ SOG
SS�DE JUSTICE AS
0 00
Name: �/ p
Notary Public -State of Florida
Commission No.: = J 1
My Commission Expirm- N�
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STATE OF FLORIDA
COUNTY OF MIAMl-DADS
The foregoing instrument was acknowledged before'me this day of
19 by pmrwer (or agent) vn behalf of
a pannership. He!She is personally known to.mr. or who has
produced as identification and who did (did not) take an omit.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
11986
•
AFFIDAVIT
STATE OF FLORIDA }
)SS
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally appeared XA/\/I s_: (L. s- E3 T6 .2c e
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 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. .
Applicant's Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was ac owledged before me this day of /_//4 R C 4 /
by \/A it I Qe_ CC j!�JA %Zi E partner (or agent) on behalf of
a partnership. HetShe is personally known to me or who has
produced - 2,7 - U as.44I,Y' cation az4AW*KdA(did not) take an oath
Cp)mm. No. CC SW843
m.; Comm. EXP. Nov. 29, 2000
e` s Bonded thru Pichard Ins. RBCY.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:. .
OWNER'S LIST
Owner's name: Bernard Gauthier
Mailing address: 8-9 Silverstrand Garden, 11 Silverstrand Beach Road, Clearwater Bay, Kowloon. Hong Kong.
Telephone number: 305-672-2579
legal Description: Foreign owner
,7wner's name: Leelee Gauthier
Mailing address: 8-9 Silverstrand Garden, 11, Silverstrand Beach Road, Clearwater Bay, Kowloon. Hong Kong.
:lephone number: 305-672-2579
.egal Description: Foreign owner
hvner's name: Fifty Street Investment LC- Xavier Lesmarie, Secretary
ailing Address: 1230 Ocean Drive, Miami Beach, FL Zip Code 33139
Lephone number: 305-672-2579.ex. 108
egal Description: Management Company and Investment
other real estate property owned, individually, jointly, or severally (by corporation, partnership or privately) within
feet of the subject site is listed as follows:
Street Address Legal Description
Street Address Legal Description
Street Address Legal Description
0 1 0
DISCLOSURE OF ONN ERSHIP
1. Legal description and saw address of subject real property: Lot 1 Mock 6 BaY
Shore Plaza Unit N14 (record in Plat book 42 at page 2 of public record of Miami
— Dade County Flofid2) and Lot 19 Block 6 Bay Shore Plaza Unit N05 (record in
plat book 43 at page 74 of dx FiWk. record of Miami — Dade County Florida)
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-6I 8 of the Code of the C its• 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. -
B & L HOLDING COMPANY LLC OF STATE OF FLORIDA
FOR FIFTY STREET INVESTEMENT LLC
OWNER : Bernard GAUTHIER 50 % / LEE LEE CHOW GAUTHIER 50 %
3. Legal description and street address of any real property (a) owned by any part), listed in answer to question 2, and
M located within 375 feet of the subject real property.
None
Owner or Attorne}, for Grinner
STATE OF FLORIDA
COUNTY OF MIAAE-DADS
The foregoing instrument was acknowledged before me this TUESDAY day of APRIL 4 th
1)9}C2000by Xavier LESMARIE of' FIFTY STREET INVESTMENT
t LIMITED LIABILITY COMPANY OF FLORIDT corporation, on behalf'of the corporation.
He/She is personally known to me or has produced
and who did 0WdW take an oath.
DID
-0 as identification
oo
Lt' 4-� 1j00 p l CHALLANSiCEDEX G1
Name: y �`�
Notary Public -State of Florida��ss�fRp /USrICEpSS�`�/
Commission No.:
My Commission Expires: /A
i
11986
•
•
Prepared By:
Alan E. Kriltzman Esq.
Rollnick & Linden, P.A
133 Sevilla Avenue
Coral Gables, Florida 33134
POWER OF ATTORNEY
KNOB' ALL MEN BY THESE PRESENTS: that BERaVARU GAUTIIIi:R as Co -
Manager and f:F•.F LF.E CHOW GAUTHIER as a Member ofB&L Gauthier Holding Company,
I.LC, a Florida limited liability company and the sole stockholder of FIFTYSTRFET
INVESTMENT, LLC, a Florida limited liability company (the "Company"), have made, constituted
and appuinted, and by these presents do make, constitute and appoint NAVTF.R LF.SMARIE as the
Company's true and lawful attorney for the Company and in the Company's name, place and stead
for all needs in connection with the preparation and filing cif any zoning application(s) with the City
of Miami, Florida (the "Applications"), Xavier Lesmarie may deem advisable in connection with
the Company's use of its property located at 5061-5075 Biscayne Boulevard, Nbami, Florida (tile
"Property"), giving,and granting unto XAVIERLESMARIE said attorney full power and authority
to do and perform all and every act and thing whatsoever requisite to be done and to sign any and
all documents necessary to be signed in connection with the Property and the filing of an Application
and about the premises as fully, to all intents and purposes, as they n*ght or could do on behalf of
the Company if personally present, with full power of substitution and revocation, hereby ratifying
and confirming all that XAVIER L.ES1vMAR -* said attorney or his substitute shall lawfully do or
cause to be done by virtue hereof on behalf of the Company.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5 - day of April,
2000.
Signed, sealed an-d delivered
in the pret~e ca.af:
Guroan
--- Sollcito:.- F'1olir i�orlr'
CONSULATE OF THt UNITED STATES
,FKANCE
FIFTYSTUET INVESTMENT
LLC, a Florida limited liability company
BY: H&:L GAUI'HIER HOLDING
CoheANY. LLC, so ckholder.
By.
BERNAIM-GAUTITIER Co-Managor
t
e
The signature of Gordon D Old
was verified by rre Geoffrey N
Booth, on the 5th of April 201
C
MOM" Nrt M Barra
Nomy Public
ft Floor. Ron=* Hgan
11 Duddcll suee4 Cc=,
Hong lions
The foregoing Power of Attorney was acknowledged before me this _
.2000. by BERNARD GALrrHLER, as Co -Manager. and LEE LEE CHOW
GAUTHIPR, as a Member, respectively, of B&L Gauthier Holding Company. LLC. a Florida limited
liability company and sale stockholder ofFIFTYSTREET INVESTMENT, LLC, a Florida limited
liability company, on behalf of FIFTYSTREET INVESTMENT, LLC.
:.. . • i I
Z. - :DTI
Deputy Consulate
,� ' '
11
•
This instrument should be returned to:
Mr. Alan Krinzman, Esq.
Holtzman, Krinzman, Equels & Fuqua
2601 S. Bayshore Dr., #600
Miami, Fla. 33133
Property Appraiser's Folio #s
01-3219-018-0080
01-3219-006-0100
STATUTORY WARRANTY DEED
This indenture, made this i 5 day of March. 2000. between NEW DEAL MOTELS
CORP., a Florida Corporation, whose Post Office address is 5061 Biscayne Blvd., Miami. Fla.
33137 (hereinafter "GRANTOR"), and FIFTYSTREET INVESTMENT, L.L.C. a Florida
Limited Liability Company, whose post office address is 1230 —1238 Ocean Drive, Miami
Beach. Fla. 33139 (hereinafter "GRANTEE"), witnesseth:
That the GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00), to
it in hand paid by the GRANTEE, the receipt of which is hereby acknowledged, has granted,
bargained, and sold to GRANTEE, its heirs and assigns forever. the following described real
property:
Parcel 1:
Lot 1. Block 6, BAYSHORE PLAZA UNIT NO.4. according to the plat thereof, as recorded in Plat
Book 42, at page 2 of the public Records of Miami -Dade County, Fla. &
Parcel 2:
Lot 19. Block 6. BAYSHORE PLAZA UNIT NO.5 according to the plat thereof, as recorded in Plat
Book 43. at page 74 of the public Records of Miami -Dade County, Fla.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto
belonging or in anvwise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever. The Grantor does hereby fully
warrant the title to said land, and will defend same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date first above written.
Signed, Sealed and delivered
in thepresence of.
Printed name
NEW DEAL MOTELS CORP.
a Florida Corporation
edro R. Fuentes, President
5061 Biscayne Blvd., Miami Fla. 33137
11986
COUNTY OF
BEFORE ME, the undersigned authority, this date personally appeared PEDRO
FUENTES, President of New Deal Motels Corp., a Florida Corporation, a person well known to
me or who presented as identification, F�fhd who, being first duly
sworn. deposes and says that he has read the foregoing Deed. understands same, and has this day
executed same for the purposes therein expressed of his own free act and will and with full
knowledge of the consequences thereof and with full corporate.authority on behalf of the
corporation.
SWORN TO AND •SUBSCRIBED before e 's Lday of Marc 000.
OTARY ' PUBLIC
State of Florida at Large
My Commission Expires:
This instrument was prepared by: v;
r
IT -th Fir.,<:_i}Jc! > (
!:JI>7lJiiN777!??7? 17i.'i >7J: 77?7N77.�>
S. David Sheffman, Esq.
l I I I Lincoln Rd. #800
Miami Beach, Fla.-33139
(305)868-0727
n
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11986
in the ........... XXXXX ...................... court,
was published in said newspaper in the issues of
NOV 1, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at a post office in Miami in said Miami -Dade
County on a, for a period of one year next preceding the
first blica n of the attached copy of advertisement; and
affi t furt r says that she has neither paid nor promised
any perso , firm or corporation any discount, rebate, com-
mis ion refund fcAthe purpose of s uring this advertise -
men f publicatio n the said newspa r.
r
W
before me this
2000
... j.... I/ ......... )....s!it, A.D.--......
.................................................... -...
(SEAL) °°`''�'�'
Sookie William r ��� ���� �AR�I.M SA
�' '`W&VIMISSION i CC 885640
o;€ EXPIRES: March 4, 2004
n j y Bonded UWNotary Public llndewniters
OF PROPOSED ORDINANdES
VAII interested persons will take notice that on the 26th of October, 200(
the City Commission of Miami, Florida -,adopted the following titled ord
nances:
ORDINANCE NO. 11982 .
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, > AS . f, AMENDED, ..ENTITLED -
"ADMINISTRATION/BOARDS, - COMMITTEES,- COMMIS;;
SIONS" TO ESTABLISH THE MIAMI-COMMISSION ON THE
STATUS .OF WOMEN ("MCSW"); SETTING FORTH -•THE
MCSW'S PURPOSE, POWERS, AND DUTIES; AND`TO-PRO-
VIDE FOR "SUNSET_" REVIEW; MEMBERSHIP, TERM bF OF-
FICE, VACANCIES, OFFICERS, RULES OF PROCEDURE;_
MEETINGS; VOTING AND QUORUM, ATTENDANCE RE-
QUIREMENTS, COUNSEL; AND ASSIGNMENT- OF, STAFF, P
MORE PARTICULARLY BY AMENDING SECTIONS 2-887'
AND 2-892, AND CREATING A NEW DIVISION AND SEC-
TIONS (TO BE CODIFIED) TO SAID CODE; FURTHER RE-
SCINDING RESOLUTION;NOS. 73-566, 74-1373, 78-271, 89-
217, 93-4:1.9, 94-183, 96-522; IN THEIR ENTIRETY; AND CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO. 11983
AN ORDINANCE OF THE MIAMIbTY COMMISSION AMEND-
ING CHAPTER 38, ARTICLE II, OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, -ENTITLED "PARKS AND
RECREATION/USE REGULATIONS," TO PERMIT THE SALE
AND, CONSUMPTION OF ALCOHOLIC BEVERAGES ON A
REGULAR' BASIS AT THE ALLEN MORRIS-BRICKELL PARK,
LOCATED AT 25 SOUTHEAST 10TH STREET, MIAMI, FLORI-
DA; MORE PARTICULARLY BY AMENDING SECTION 38-69 -
OF SAID CODE; CONTAINING A REPEALER PROVISION'
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
—EFFECTIVE DATE.
ORDINANCE NO. 11984
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING THE FUTURE LAND USE -MAP OF THE COMPREHEN-
SIVE NEIGHBORHOOD'PLAN BY.CHANGING THE LAND USE
'DESIGNATION OF THE PROPERTIES LOCATED AT AP ---
PROXIMATELY 1900 -.1902 AND 1910 SOUTHWEST,7TH,
STREET -AND 710 SOUTHWEST 19TH AVENUE, MIAMI,
FLORIDA, FROM MEDIUM DENSITY MULTIFAMILY REST=
DENTIAL TO RESTRICTED COMMERCIAL; MAKING FIND
INGS; DIRECTING TRANSMITTALS TO AFFECTED AGEN-
CIES; CONTAINING A REPEALER PROVISION AND A SEV-
ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. . -
ORDINANCE'140.,A.1985
AN ORDINANCE OF THE_MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 34 OF. -THE ZON-
ING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,,FLORIDA, AR-
TICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULA-
TIONS, FROM R-3 MULTIFAMILY MEDIUM -DENSITY REST-
DENTIAL TO C-1- RESTRICTED COMMERCIAL, -THE PROP-
ERTIES LOCATED AT APPROXIMATELY 1900 - 1902 AND
1910 SOUTHWEST .7TH STREET AND 710 SOUTHWEST
19TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN
ATTACHED EXHIBIT "A"; CONTAINING A REPEALER PROVI-
SION, -A SEVERABILITY CLAUSE;,AND PROVIDING FOR AN
EFFECTIVE DATE. -
•
•
ORDINANCE NO. 11986
N ?RDINANCE OF THE MIAMI CSSION AMEND=.
r INTHE FUTURE LAND USE MAP OF THE COMPREHEN-
SIVE NEIGHBORHOOD PLAN BY'CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXI-
MATELY 5061 - 5075 BISCAYNE BOULEVARD, MIAMI, FLORI- ,
DA,, FROM OFFICE TO RESTRICTED, COMMERCIAL; MAK-
ING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFEC-
TIVE DATE
ORDINANCE NO. 11987
AN ORDINANCE'OF THE MIAMI CITY COMMISSION, WITH--
ATTACHMENT(S), AMENDING PAGE NO:_1'5 OF THE ZON-
ING ATLAS OF ORDINANCE,NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,' FLORIDA, AR-
TICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULA=
TIONS, FROM O OFFICE WITH SD-9 OVERLAY DISTRICT TO
C-1 RESTRICTED COMMERCIALWITH',SD-9 OVERLAY,DIS-
TRICT FOR THE PROPERTIES LOCATED AT APPROXI-
MATELY 5061 - 5075 BISCAYNE BOULEVARD„MIAMI, FLORI--
DA, LEGALLY DESCRIBED ON ATTACHED EXHIBIT `'A";.
CONTAINING A REPEALER PROVISION AND A SEVERA6IL'I-
TY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. .
ORDINANCE N0. 11988
AN ORDINANCE OF THE MIAMI CITY,COMMISSION AMEND-
ING THE FUTURE LAND USE MAP -OF THE -COMPREHEN-
SIVE NEIGHBORHOOD PLAN, BYCHANGINGTHE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXI
MATELY 1951 NW SOUTH RIVER DRIVE, MIAMI, FLORIDA,
FROM INDUSTRIAL TO HIGH DENSITY MULTIFAMILY RESI-
DENTIAL; MAKING'FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A REPEALER PRO-
VISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.-. _
-ORDINANCE NO: 11989'
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING PAGE NO. 25 OF THE ZONING ATLAS OF ORDINANCE_
NO. 11600, 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 SD-4 WATERFRONT
INDUSTRIAL DISTRICT TO R-4 MULTIFAMILY HIGH DENSI-
TY RESIDENTIAL FOR.THE PROPERTY LOCATED AT AP-
PROXIMATELY 1951 NORTHWEST SOUTH RIVER DRIVE,
MIAMI, .FLORIDA; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.'
ORDINANCE NO. 11990 _.
IN ORDINANCE OF THEMIAMI CITY COMMISSION AMEND-. '•�
NG THE FUTURE LAND USE MAP OF THE.MIAMI COMPRE-
HENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND
USE DESIGNATION OF THE PROPERTIES LOCATED AT AP-
PROXIMATELY [I] (1) 8295, 8296, 8298,'8299, 8307, 8312,
8315, 8320, 8321, 8329, 8401, 8450 AND 8455 NORTHEAST
MIAMI COURT, (2)•30 AND 50 NORTHEAST 84TH STREET, (3)
8305 AND 8401 NORTH MIAMI AVENUE, (4) 8290, 8300, 8310,
8320, 8334, 8340, 8400 AND 8440 NORTHEAST. 1 ST AVENUE,
FROM "RESTRICTED COMMERCIAL" TO "OFFICE;" [II] 1175
NORTHWEST 67TH STREET, FROM "SINGLE-FAMILY RESI-
DENTIAL" TO"MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
r _ ' -TRANSPORTATION AND UTILITIES;" AND [III] 220 NORTH-
EAST 43RD STREET, MIAMI, FLORIDA, FROM :'MAJOR 'IN-
STITUTIONAL, PUBLIC - FACILITIES, TRANSPORTATION
AND UTILITIES" TO. -"SINGLE-FAMILY RESIDENTIAL;" MAK-
ING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFEC-
TIVE DATE. -
Said ordinances maybe inspected by the.public at the Office of
the City Clerk; 3500 Pan American Drive, Miami, Florida, Monday
.through Friday, excluding holidays,. between the hours of 8 a.m.
and 5 p.m.
All interested persons may appear at the meeting and may be heard
with respect to the proposed ordinances. Should any person desire to ap-
peal any decision of the City Commission with respect to.any matter to be
considered at this meeting, that person shall ensure that a verbatim
record of the proceedings is made including all testimony and•evidence
upon which any appeal may be based.
Lit'( OP
i
WALTER J. FOEMAN
_J CITY CLERK `
O
CO-?
(#9350)
11 /1. . _ __ _____ _ � _ _00-4-44/104411 M