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HomeMy WebLinkAboutO-11481J-96-430 6/25/96 ORDINANCE NO. 11481 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS OF PROPERTIES LOCATED AT APPROXIMATELY 215 LEJEUNE ROAD, 4091 SOUTHWEST 2ND TERRACE AND 4100 SOUTHWEST 2ND STREET, FROM OFFICE AND SINGLE FAMILY RESIDENTIAL 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 May 15, 1996, Item No. 1, following an advertised hearing, adopted by Resolution No. PAB 26-96, by a vote of seven to zero (7-0), RECOMMENDING DENIAL 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, notwithstanding the Planning Advisory Board's recommendation, 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 and Single Family Residential to Restricted Commercial for the properties located at approximately 215 Lejeune Road, 4091 Southwest 2nd Terrace and 4100 Southwest 2nd Street, Miami, Florida, more particularly described as Lots 1 to 6 and the west 45 feet of Lot 7 and Lot 8 and the east 5 feet of Lot 7 of Block 5 of SICKLES GROVE SUBDIVISION, Plat Book 15 at Page 6, and Lot 1 of Block 1 of WINDSOR TERRACE SUBDIVISION, Plat Book 42 at Page 57, of the Public Records of 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 Comprehensive Plan change within the prior twelve months; 2 11481 • (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 Community Planning and Revitalization to immediately transmit a copy of this Ordinance, upon approval on F; rat Reading and again after its adoption on Second Ready *+Q to: James F. Murley, Secretary, Florida Department of Community Affairs, Tallahassee, Florida; Carolyn Dekle, Executive Director, South Florida Regional Planning Council, Hollywood, Florida; Sam E. Poole, Executive Director, South Florida Water Management District, West Palm Beach, Florida; Ben G. Watts, Secretary, Department of Transportation, Tallahassee, Florida; and Virginia B. Wetherell, 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 G. 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. 3 11481 i • Section 7. This Ordinance shall become effective after second and final reading and adoption thereof pursuant and subject to § 163.3189 (2) (a) , Fla. Stat. (1995) . PASSED ON FIRST READING BY TITLE ONLY this 27th day of June, 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this loth day of April 1997. A.ROLL6, MAYOR ATTEST: WALTER J. F EMAN CITY CLERK PREPARED AND APPROVED BY: Ll r A, Z' E. MAX Y CITY APPROVED AS TO FORM AND CORRECTNESS: A'. INN /J 1�7ES , rI I CI Y ATTORNEY W149:.JEM:WSS:mis 4 11481 Pz- I € SECOND READING PLANNING FACT SHEET APPLICANT - Manelous Stavrous and Norman Rosen APPLICATION DATE March 26, 1996 REQUEST/LOCATION Approx. 4100 SW 214 St.; 215 SW Lejeune Rd and 4091 SW 2' Terr. LEGAL DESCRIPTION (Complete legal description on file with the Hearing Boards Office) PETITION Consideration of amending the City of Miami Future Land Use Map of the Comprehensive Neighborhood Plan by changing the land use designation of the properties located at approximately 4100 SW 2nd Street, 215 SW Lejeune Road and 4091 SW 2nd Terrace , from "Office" and "Single Family Residential' to "Restricted Commercial". PLANNING Denial. RECOMMENDATION BACKGROUND AND See attached analysis. ANALYSIS PLANNING ADVISORY BOARD Denial. VOTE: 7-0. CITY COMMISSION Passed First Reading on CC 6/27/96- APPLICATION NUMBER 96-249 May 15, 1996 Page 1 11481 0 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 4100 SW 2" St., 215 SW Lejeune Rd. and 4091 SW 2" Terrace. Application No. 96-1. 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 and Single Family Residen- tial to Restricted Commercial. The subject property consist of a 1.16 acre parcel made up by of nine lots as follows: • Lots 1 to 6 and W 45 feet of Lot 7 in Block 5 of SICKLES GROVE SUBDIVISION ( 15 - 6), at approximately 215 Lejeune Road, actually designated Office. • Lot 1 in Block 1 of WINDSOR TERRACE SUBDIVISION (42 - 57), at approxi- mately 4091 SW 2" Terrace, actually designated Office and, • Lot 8 and the E 5 feet of Lot 7 in Block 5 of SICKLES GROVE SUBDIVISION (15 - 6), at approximately 4100 S W 2"D STREET 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 site is currently desig- nated Office and Single Family Residential. To the north and south, the area is designated Office and Single Family Residential, to the east, the area is designated Single Family Residential and, to the west, the area is designated Office and Major Public Facilities, Transportation and Utilities. The Office land use category allows residential uses to a maximum density equivalent to High Density Multifamily Residential, i. e., residential structures up to a maximum den- sity of 150 dwelling units per acre subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laborato- ries; and limited commercial activities incidental to principal activities in designated ar- eas. Supporting facilities such as auditoriums; libraries; convention facilities; places of worship; and primary and secondary schools may be allowed within the Office designa- tion. The Single -Family Residential land use category allows single family structures of one dwelling unit each, to a maximum of 9 dwelling units per acre. Supporting services such as foster homes and family day care homes for children and/or adults; and commu- nity based residential facilities (6 clients or less), not including drug, alcohol of correc- 3 11481 9' 0 . t tional rehabilitation facilities also will be allowed. Places of worship, primary and sec- ondary schools, day care centers for children and adults may be permissible in suitable locations. The Restricted -Commercial category accommodates commercial activities that gener- ally serve the daily retailing and service needs of the public, typically requiring easy ac- cess 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 state; 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 ho- tels; community based residential facilities; offices; major sports and exhibition or enter- tainment 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. The Department of Community Planning and Revitalization is recommending DENIAL of the application as presented based on the following findings: • It is found that the increased densities of the commercial activities intruding into the existing residential neighborhood created by this amendment are not consistent with the future low density residential use pattern proposed for the area actually desig- nated Single Family Residential. • It is found that a change such as the proposed is in conflict with MCNP Land Use Policy 1.1.3. which requires that all the areas of the City be protected from encroach- ment of incompatible land uses. • It is found that this application is also 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. • It is found that at the present time, the Restricted Commercial areas, north and south of the Office designated area have sufficient capacity to accommodate more intense commercial uses. These findings support the position that the existing land use pattern in this neighborhood should remain unchanged. 11481 E �_ I CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT Proposal No.: 96-1 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 04/23/96 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Manelous N. Stavros and Norman S. Rosen Address: 4100 SW 2 St., 215 Lejeune Rd., 4091 SW 2 Ter. Boundary Streets: North: SW 2 St. East: SW 41 Ave. South: SW 2 Ter. West: SW 42 Ave. Existing Designation, Maximum Land Use Intensity I Residential 1.16 acres 9 OUfacre 10 DU's Peak Hour Person -Trip Generation, Residential 15 i Other 0 sq.ft.@ 0 FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Proposed Designation, Maximum Land Use Intensity i Residential 1.16 acres 150 DU/acre 174 DU's Peak Hour Person -Trip Generation, Residential 97 Other 0 sq.ft.@ 0 FAR 0 sq.ft. j Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change; Population 420 Dwelling Units 164 Peak Hour Person -Trips 83 Planning District Flagami County Wastewater Collection Zone 315 Drainage Subcatchment Basin M1 Solid Waste Collection Route 33 I Transportation Corridor Name Flagler RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES 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 03/13/90 101 RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 420 0.55 55.12 54.57 OK POTABLE WATER TRANSMISSION Population Increment, Residents 420 j Transmission Requirement, gpd 94,158 I Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff — _ _ —_ OK SANITARY SEWER TRANSMISSION Population Increment, Residents 420 i Transmission Requirement, gpd 77,765 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change On -site Exfiltration System After Change -On-site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 420 Solid Waste Generation, tons/year 538 Excess Capacity Before Change 1000 Excess Capacity After Change 462 Concurrency Checkoff OK TRAFFIC CIRCULATION Population Increment, Residents 420 Peak -Hour Person -Trip Generation 83 LOS Before Change C LOS After Change C Concurrency Checkoff 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. Transportation Corridor capacities and LOS are from Table PT-2(Rt), 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 change made. • It should be stated however, that whereas MCNP Land Use Policy 1.1.1. requires devel- opment 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 Pol- icy 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. 3 W 11481 9==o M' I gr ; Mq Y; N � ��,�i�f it 9�aa_aa ��n�a �aaaa®�� MiNj -FLAGLER STREET LE JEUNE ROAD MMUM Mw&-a 0(70 Iffb PROPERTY Tll* 1 1% MkM��. m �60-Wlg �Km IMILk-4ceil'Ask At Ma1' 115 10MY 11-PIMI-3— PEMEi IL"*;115 oil Ifill I I fall A y I M. raw dL:g %Wooll 13, �18 1411m, 0,� A I :rr. morg- IT - I or X� V ® t Application 1 Date: -CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT 275 N.W. 2 STREET MIAMI, FLORIDA 33128 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City of Miami, Periodic review, additions and amendments to the adopted comprehensive plan, reads as follows: Periodically, but not less often than once in five (5) years or more often than once in two (2) years, adopted comprehensive plans, or a portion thereof, shall be reviewed 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 plans, or portion thereof. If .the City Commission desires an amendment or addition, it may on its own motion, direct the Planning Department to prepare such amendment for submission to and review by the Planning Advisory Board. The Planning Advisory Board shall make a recommendation on the proposed plan amendment to the City Commission within a reasonable time as established by the City Commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the same as the procedure for original adoption. This petition is proposed by: ( City Commission ( Planning, Building and Zoning Department ( Zoning Board (X Other 6 Please Specify: Manelous N. Stavros O The subject property is located at 4100 SW 2nd. Street, AND MORE PARTICULARLY DESCRIBED AS: Lot (s) Lot 8 & E. 5 feet Lot 7 Blk 5 Block(s) Block 5 Subdivision Sickles Grove PB 15-6 Page 1 of 3 /3 11481 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: Single Family —Residential TO: Restricted —Commercial Please supply a statement indicating why you think the existing plan designation is inappropriate: See attached Exhibit "A" — Please supply a statement justifying your request to change the plan to your requested plan designation. See attached Exhibit_` What is the acreage of the property being requested for a change in plan designation? .35 acres ' Page 2 of 3 11481 • • Has the designation of this property been changed in the last year? No Do you own any other property within 200 feet of the subject property? No If yes, has this other property been granted a change in plan designation within the last tweTve months? Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? Yes Have you filed with the Planning and Zoning Boards Administration Department: Affidavit of ownership? Yes List of owners of property within 375 feet of the subject property? Yes Disclosure of ownership form? Yes . If not, please supply them. SIGNATURE DATE February 14, 1996 NAME Santiago D. Echemendia ADDRESS 999 Ponce De Leon Blvd., Suite 1150., Coral Gables, FL 33134 PHONE . 305-444-1500 STATE OF FLORIDA } SS: COUNTY OF DAt } D. 6&Ashi( N-biX , being duly sworn, deposes and says that he is the(Owner) Aut or ze Agent orOwner) of the real property described above: that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. SWORN TO AND SUBSCRIBED befor =is�0 NOT'JAL�Emil E OF FLORIDA. CC220957HY COHHISSION EXPIRES:.S'PT22,t6 Computation of Fee: Receipt l: Page 3 of 3 SIB f�' 5(6,44T( {SEAL) OA�a- (i"�4 Notary u c,-, tate of FloridF—at—F&W—ge t i 4 0 1 EXHIBIT STATEMENT INDICATING WHY EXISTING DESIGNATION IS INAPPROPRIATE The subject site i$ currently zoned R-1 with a land use designation of Single Family Residential- The proposed amendments involve changing the zoning and land use designation to C-1 and Restricted Conmiercial, respectively. The reasons that the current zoning and land use designation are inappropriate are outlined below. 1. Restricting the Subject Site to Residential Uses Will Limit the Development Potential. The use proposed for the subject site and the adjacent parcel to the west is a fast-food restaurant. Typically, a fast-food restaurant requires at least 5,000 households within a 2 mile trade area (' he Retail Environment, Ken Jones & Jim Simmons, 1990, p. 324). For the sul?iect property there are over 5,700 households within a 0.75 mile trade area. This trade area extends from NW 7th Street to SW 8th Street and along Flagler Street from 37th Avenue to 46th Avenue. 1-he subject property has been used as a residence for several years. Current real estate market forces indicate a need for retail or restaurant uses in the trade area. This parcel is required as part of a larger commercial development plan with the parcel to the west. Therefore, the R-1 zoning is considered inappropriate,as this is not the highest and best use of the site. The proposed C-1 zoning will permit the proposed use as well as other retail uses. This will permit the site to be developed to its full potential and better position the site to market. conditions. STATEMENT JUSTIFYING REQUESTED PLAN DESIGNATION The reasons to justify this request are outlined below: 1. There is Essentially No Vacant Commercial Land in the Study Area of the Subject Parcel. The Subject parcel is located in Minor Statistical Area (MSA) 5.1 which contains a mature, urbanized portion of Miami (bounded by the Tamiami Canal on the northwest, Miami River on the northeast, and SW 8th Street on the south). This MSA has virtually no existing vacant land zoned or designated for commercial use. In 1990, MSA 5.1 had 17 acres of vacant commercial land and an average annual absorption rate of 5.6 acres ("Proposed 1995 EAR for the Land Use Element I", Metro -Dade County CDMP. June, 1995, p. I-136). The projected depletion year for commercial land in the MSA was 1993. Review of 1995 aerial photographs indicates that approximately 8 acres of vacant commercial land remain in MSA 5.1. Much of this remaining vacant acreage is on verysmall or irregularly shaped lots which 11481 0 - 0 2. The Average Ratio of Commercial Land to the Number of Residents in the Study Area is Below the County wide Average. In 1990 the-conunercial land base for MSA 5.1 was 687 acres or 5.9/I.000 persons. This is below the County wide average ratio of 7.8 acres/1,000 persons ("Proposed 1995 EAR for the Land Use Element I" Metro -Dade County CDMP, June, 1995, p. I-S8 & I-137). The projected ratio of commercial land is expected to increase slightly in the future and is projected to be 6.2 acres/1,000 persons in 2005 and 6.0 acres/1,000 in 2015. Since the population in the study area is also expected to grow slightly, the amount of commercial use must also increase. Future conunercial expansion will only occur through intensification and rezoni.ngs, because there is essentially no vacant land in the MSA. 3. Compatibility with Neighboring Uses. LeJeune Road is a major commercial arterial witbin the City of Miami.. Office and retail uses interact positively and are mutually supportive. The residential land uses which are abutting these uses have grown accustomed to the externalities, such as higher traffic flows, associated with office and retail uses. Although the increase of these externalities is not necessarily desirable or acceptable, the level of service (LOS) on LeJeune Road at the level of the subject site is C or better ("Proposed 1995 EAR for the Traffic Circulation Element IF', Metro -Dade County, CDMP, June, 1995, p. 11-27), which indicates that there is no - congestion. 4. Other City Major Arterial Roads Have Mixed Land Uses Alongsidc & Abutting. It is not unusual, throughout the City of Miami, to encounter mixed uses along major arterial roads. For example,. land use patterns along Biscayne Blvd., 7th Avenue, 27th Avenue, Sth Street, 22nd Street, and 79th Street are similar to that of LeJeune Road. and Flagler Street It is also not unusual to find small retail sites (C-1 zoning) interspersed with office uses (0 zoning). This is particularly the case at the intersections of NW 7th Street/NW 47th Avenue, SW 27th Avenue/SW 12th. Street, SW 27th Avenue/SW 28th Street, SW 25th Avenue/SW 2211d Street, and SW 17th Avenue/Dixie Hwy. 5. The Proposed Amendments Support City of Miami CNP Policy Goals. The City of Miami Comprehensive Neighborhood Plan (CNP) generally encourages infill development in order to better utilized existing public resources and services. The proposed land use and zoning amendments is based on this policy and will better utilize existing resources and services. This application is also consistent with the policies below: I`6 Policy LU-1.1.7: Land development regulations and policies will allow for the provision of adequate neighborhood shopping, recreation, day care, entertainrnent, and other neighborhood oriented support activities. Objective J_U-1 .3: The City will encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical cliaracter and appearance of existing buildings; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). 6. Commercial Use Will Be Population -Serving. The City of Miami is expected to grow by 8,119 residents by the year 2000 ("Proposed 1995 EAR for the Future Land Use Element", City of Miami CNP 1989-2000, Vol. 1, Rev. November, 1995, 1-23). The trade area (0.75 mi) of the subject property contains 15,512 persons or 5,775 households and a population density of 10,858 persons/square mile in 1995. This area is a manure residential area, yet it is expected to absorb an additional 742 residents by the year 2000. As discussed earlier, the surrounding population will easily support the proposed fast-food restaurant. Furthermore, there is sufficient residential population within the 2 mile trade area to support 8 fast-food restaurants. Iq 11481 ,AFFIDAVIT STATE Of FLORIDA } } COUNTY OF OAOE } Iefore M, the anderlirod authority, this do personally ""swag Mane l ous N , Stav roses ami� sr in first duly smm, ups oath, deposes and says: I. fiat he is tM cram?, or tM legal nNrosontetive of the swam?, SubiMing the occsupeoytitg application for a pollle heariNg as rewired by OrdinaneS li000 of the Code of the City of itiari, Florida, attesting the root property imtated in the City of.Niali, as doseribed ad lilted an the 0"" attached to this affidavit and •ads a part thereof. t. That all Women which he rspresests, if &Vt have give their full and couplet$ "Ilion for his to act in their bftlf for toe change or modifies- tion of a clusiflcatlen er repletion of sating as set out its the seceip"ing petition. J. That dW oW attached harote and share a part of this affidavit contain the current nave, atiling addresses, phone vacates and legal description for the the real property of wAlsk he it the enter or 14gt1 roprwantatiro. d. The facts of rmp?omted in the application WA deeu anes writted in conjunction with this affidavit aro,tnte and esnyet. Further Affiawt soyoth rat. (SUL) Nate Scorn to and stibscribed before >~ this . 440 of t publie, state of 716rided Liam ur PAM46Mao 1TAiPM1 11481 • • STATE OF FLORIDA COUNTY OF DADE AFFIDAVIT Wore me, the undersigned authority, this day personally appeared MARIAN CAKMES, who being by ms 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 Ordinance 110M of the Coda of the City of Mlami, Florida, affecting the real property located In the City of Miami, as described and listed on the popes attached to this affidavit and made a part hereof. 2. That all owners which he/she represents, If any, have given theirfuil and complete permission for himlher to act In their behalf for the change or modification of a claselfk ation or regulation of zoning as set out In the accompanying petltlon, 3. That the pages attached hereto and made a part of this afNdavR contain the current names, mailing addresses, phone 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 con)unction with this affidavit are true and correct. Further aftlant sayeth not. Name., MARIAN CAKMES Sworn to and subsodbed before me this ��day of March, ION. fiu'>gcz� /< zga� Notary Public, State of Florida at Large MY trgY P(je' OFFICIAL NOTARY SEAL kwR' Y MIC14AEL K NORTHROP COMMISSION NUMBER CC407936 MY COMMISSION EXP. _ SEPT_15,1998_ a) 11481 0 OWNER'S LIST Owner's Name Manelous N. Stavros Mailing Address 4240 SW 60th Place, Miami, FL 33155 Telephone Number Legal Description: Sickles Grove PB 15-6 Lot 8 & E. 5 feet Lot 7 Blk 5 61 Owner's Name I" t � O--i A -. Mailing Address �f ( 0 ` S� .W, ')-Y,) d S-r Telephone Number —' Legal Description: L� I g � � ' S ( I � ) 0 U1- Owner's Name Mailing Address 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 Street Address Legal Description Street Address Legal Description 11481 DISCLOSURE OF owNERSMIp I. Legal description and street address of subject real property: Sickles Grove PB 15-6 Lot 8& E 5 Ft Lot 7 Blk 5 4100 SW 2nd Street _1 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 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 12 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Manelous N. Stavros 2/3 owner Marian Cakmes 1/3 owner 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 02, and (b) located within 373 feet of the subject real property. None OWNER OR ATTORNEY FOR OWNER STATE OF FLORIDA } SS: COUNTY OF DADE } ( Av nAC_:: 6 . `�4 , being duly swam, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question 01, above; that he -has read the foregoing answers and that.the saaio are true and cosipiate; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership fors on behalf of the *war.. (SEAL) (Name) SWORN TO AND SUBSCRIBED before a this (/'I day of Notary Public, State of"Florida at Large OFFICIAL NOTARY SEAL MY COMMISION EXPIRES: ALI�;A CARVA'AL NOTARY PUBLIC STATE OF FLOR15A COMMI53I0,ti' i" 0O CC:2-N57 MY COMMISSION EXP. SE!yr22,:99b 11481 Scanned on SCANERO' '-v Operator MEMAR on Wednesday, February 1996 at 02:34:04 AM W*m VWWIILV UnCK HEM THE aw0dumn, PWZ"W:-*VTIE . twTiTm vo*:mwaw.maww COURTMUSE TOKR CATT 1UNED, L=T10U DttNitA;Ulrc C RIECI: 15609FMOUZ90 92R300778 1992 AN 04 1410C.- POMAL REPUSMATIVES, DIMUSUrM DEED 50CSTPDM 0.60 SURTX 00' MMHALL AKR, CLERK WE MIMI FL. THIS INDDnM, made this -12 day of z22/k 1992, by and between MANELOUS N. STAVROS, the duly qualified and acting Personal Representative of the Estate of ASPASIA STAVROS, decessed, party of the first pan and MANELOUS N. STAVROS. as a TWO-THIRDS (2/3) undivided Interest and MOIAN CATMB. as to &ONE-THM (1/3/) undivided Interestwhose post office address is 4240 Southw*960th Place. Miami. Florida 33133, pa desof the second pan. VffNESSEM: That THOUS. ASPASIA STAVRM died upstate. a resident or Dade County. Florida, on March 3,1990. seized and possessed of the red property fs hereinafter described; and VHEU.AS, title to said property passed to the parties of the second pin as of the data of aid decedent's death pursuant to the provisions of the decedanfs IAA Will and Testament, which was admitted to probate and recorded by the Circuit Court for DeAe County, Florida, Probate Division. in Case No. 0-2110. subject only to the right of the party of the run part to sell or encumber the property for the purpose of defraying claims. costs and expenses of administration of the decedent's estate; and WE306. the party of the ru-st pan wishes w distribute mto id property the parties of the second part and evidence the release of the property from said right to sell or encumber. NOW THERUM, in consideration of the foregoing and in connection with the distribution of the estate of said decedent. the Party Of the first pan has released to the parties of the second part the right to sell or ant -umber said property and granted, Scanned on SCANER01 by Operator iv1EMAWR on Wednesday, February 14 1996 at 02:34:04 AM 'rttcaoritr ester tEeTs swEiicatwiom +raouta�ort a' �ttwatt NKMI taUL STI Coo iNsTrTUTE FOi,f'tfrGl.W i0coo"Womumac XPROouct104. COURTHOUSE TOUER oATE TROFILK0 LOCATION GWERA DCW1 CLERK. CIRCUIT COLW..:, 'r44 kfI. 15609C,4091 A ; :t conveyed and confirmed unto the parties of the second part, their heirs and assigns foreser, all o: the interest of said decedent in and to tb.e the real property sian"d in Dade County. Florida, described as follows: ` Y.• 4 Lot E, and the fast S feet of Lot 7, Block 5 of SICBEL GROVE, according to the Plat thereof, recorded in Plat Book 15. d �Y at Page 6. of the Public Records of Dade County, Florida 4. • ` 4 TOGETIlER with all and singular the tenements, hereditaments and a appurtenances belonging to or in any way appertaining to that real property, subject to all restrictions, reservations and easements of record, if any, and ad valorem taxes for the current year. Because this deed is given to evidence the distribution of assets of a decedent's estate and involves the assumption of no mortgage, minimum state documentary sumps are affixed. yhf PROPERTY APPRAISER'S PARCEL IDWIFICAATION NO.41030360210 i'' IN WITNESS THEM. the undersigned. as Personal Representative of the • estate of the aid decedent• has executed this instrument under seat on the data :. aforesaid. E=, f: J' a 11481 Scanned on SCANER01 by Operator MEMAR on Wednesday, February -1. 1996 at 02:34:04 AM wwtea 1� Cap/FW w:at Yeema T1E rumEeiao tnWItEaatr OF M wptaw 1 STAMM= TWTtTM Foe t[)11wm Mt1M ATovW"IC aEPaooUCTtekt. _/) � _. . COURT40USE TONER OATI IwEO LOCATION WM term CAW. CtI1WtT CWtT:.:' Ri�.15609PC4092 Signed. sealed and delivered in the presence of t "TUJS:xOnq n1 A PO as Personst Rep active of the Estate of Aspitia Stavros — - 4240 Southwest 60th Place Mismi.Florida 33153 STAIEOF FLORIDA - COUNTY OF DADE I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this _,L2 day of — ✓1 v 1992. by MANELOUS N. STAVROS, as s x Personal Representative of the Estate of Aspasis Starros. deceased, who is personally ref known to me and who did (did no take an oath. w" '^aft '•�` 4'a ` E,. �~ IRA L FORD. Rotary Publi .. of Florida at Large 49 jT... p ..; s -` M7 Commission e:pife5: This instrument re b prepared Y' Yfi 2Y PllHLIC 57ATF LF FLGRII>A �y X' YY CONYISSION EXP. NAY 19.1993 F-7—D TYRU GENERAL INS. UND:, �rrrmruh•N" Thomas L. Ford. Esq. 3333 Southwest 94th Court Miami. Florida. 33163 (303)271-1063 uco.uto .. ON K•t &COWS so" . or o.o* muar, no.m•. .. _ u�o .un •eo �ec4 of laradt 3 ON* Cousb 1'lr.tlLL�s 11481 Application f la_o� Date: CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT 275 N.W. 2 STREET NIAHI, FLORIDA 33128 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City of Miami, Periodic review, additions and amendments to the adopted comprehensive plan, reads as follows: Periodically, but not less often than once in five (5) years or more often than once in two (2) years, adopted comprehensive plans, or a portion thereof, shall be reviewed 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 plans, or portion thereof. If the City Commission desires an amendment or addition, it may on its own motion, direct the Planning Department to prepare such amendment for submission to and review by the Planning Advisory Board. The Planning Advisory Board shall make a recommendation on the proposed plan amendment to the City Commission within a reasonable time as established by the City Commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the same as the procedure for original adoption. This petition is proposed by: ( City Commission ( Planning, Building and Zoning Department ( Zoning Board ( X Other b Please Specify: Norman S. Rosen The subject property is located at See attached Exhibit "A" AND MORE PARTICULARLY OESCRIBEU AS: Lot(s) See attached Exhibit "A" Block(s) Subdivision Page 1 of 3 S a7 11481 The undersigned beingthe 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: Office & *Sin le Family Residential T0: Restricted Com ercial Please supply a statement indicating why you think the existing plan designation is inappropriate: See attached Exhibit "B" Please supply a statement justifying your request to change the plan to your requested plan designation. See attached Exhibit "C" What is the acreage of the property being requested for a change in plan designation? $1 acres i3S� 2t 3 �(Y7 A Page 2 of 3 1 1 8 1 1-1 • Has the designation of this property been changed in the last year? No Do you own any other property within 200 feet of the subject property? No If yes, has this other property been granted a change in plan designation within the last twelve months? Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? Yes Have you filed with the Planning and Zoning Boards Administration Department: Affidavit of ownership? Yes List of owners of property within 375 feet of the subject property? Yes Disclosure of ownership form? Yes . If not, please supply them. SIGNATURE DATE February 8, 1996 NAME Santiago D. Echemendia ADDRESS 999 Ponce De Leon Blvd., Suite 1150, Coral Gables, FL 13134 PHONE 305-444-1500 STATE OF FLORIDA } SS: _ COUNTY OF DATE } sM3nw'-6 b- GL'tt&nitt J fN A- , being duly sworn, deposes and says that he is t e ner) (Authorized Agent forOwner) of t e real property described above: that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. f &\/G S140JAT RG- (SEAL) SWORN TO AND SUBnRIBED befo me this da of 7u1/ �9M MY COMMISSION EXPIRES: Computation of Fee: Receipt !: Page 3 of 3 Notar Iddida at Large OFFICIAL tV A ALALINA IARyPUBLICTE OF FLORIDACOMMISSIOO- CC720957 �� -.22 i �4.-4;11- L15 S.W. Le Jeyne Mold Lots 1 thru 8 and the West 45 loot of Lot 7, Block 5, SICKELS GROVE, according to the Plat thereof, recorded In Plat Book 15, at Page 8, of the Public Records of Dade County, Florida. 4091A.W. 2nd Twrago j Lot 1, In Block 1, of WINDSOR TERRACE, according to the Plat thereof, recorded In Plat Book 42, at Page 57, of the Public Records of Dade County, Florida, LESS all that part of said Lot 1 that Iles West of a line which is 44.6 feet* East of as measured at right angles and parallel to the West Ilne of the Southeast 1/4 of Section 5, Township 54 South, Range 41 East thereof, lying and being In Dade County, Florida. UL.V 1 V JU M_u 1 I CU I UC - � T `-HIBIT "B" STATEMENT INDICATING WHY EXISTING DESIGNATION IS INAPPROPRIATE The subject site is currently zoned O and R 1 with a land use designation of Office and Single Family Residential. The proposed amendments involve changing the zoning and land use designation to C-1 and Restricted Commercial. respectively. The reasons that the current zoning and land use designation are inappropriate are outlined below. 1. Small Scale Office Uses Have Limited Success in the LeJeune Road/Flagler Area. The use proposed for the parcel is a fast-food restaurant. Typically, a fast-food restaurant requires at least 5,000 households within a 2 mile trade area (The Retail Environment, Ken Jones & Jim Simmons, 1990, p. 324). For the subject property there are over 5,700 households within a 0.75 mile trade area. This trade area extends from NW 7th Street to SW 8th Street and along Flagler Street from 37th Avenue to 46th Avenue. A preliminary examination of the office buildings in the trade area show that most of the buildings are occupied by doctors and medically -related services, lawyers, accountants, and other professional tenants. The large office buildings along LeJeune Road are well -tenanted and have low vacancy rates. However, the size of the subject parcel will only allow a small office building. Other small office buildings have higher vacancy rates in the study area than the large buildings, with some of the small buildings being almost completely vacant. 2. Restricting the Subject Site to Office Uses Will Limit the Development Potential. The subject property has been used as a real estate office for several years. The site is currently under -used. Current real estate market forces indicate a need for retail or restaurant uses in the trade area.. Although office uses in the City of Miami Zoning Code permit retail uses as accessory, a mixed office -retail building is not considered to have appeal in the current real estate market considering the tenant -retention problems being experienced by small office buildings in the trade area. A mixed office -residential building, which is also permitted, will also have limited appeal due to design restrictions that will require the residences to front along LeJeune Road. The R-1 zoning is also considered inappropriate, as this is not considered to be the highest and best use of the site. The proposed C-1 zoning, in addition to the office uses, will permit the proposed use as well as other retail uses. This will permit the site to be developed to its full potential and better position the site to market conditions. 3/ 11481 0 EXFJ1E1 STATEMENT JUSTIFYING REQUESTED PLAN DESIGNATION The reasons to justify this request are outlined below,: 1. There is Essentially No Vacant Commercial Land in the Study Area of the Subject Parcel. The subject -parcel is Iocated in Minor Statistical Area (MSA) 5.1 which contains a mature, urbanized portion of Nfiami (bounded by the Tamiami Canal on the northwest, Miami River on the northeast, and SW 8th Street on the south). This MSA has virtually no existing vacant land zoned or designated for commercial use. In 1990, MSA 5.1 had 17 acres of vacant commercial land and an average annual absorption rate of 5.6 acres ("Proposed 1995 EAR for the Land Use Element P', Metro -Dade County CDMP, June, 1995, p. 1-136). The projected depletion year for commercial land in the MSA was 1993. Review. of 1995 aerial photographs indicates that there approximately 8 acres of vacant commercial land remaining in MSA 5.1. Much of this remaining vacant acreage is on very small or irregularly shaped lots which are difficult parcels to develop. 2. The Average Ratio of Commercial Land to the Number of Residents in the Study Area is Below the County wide Average. In 1990 the commercial land base for MSA 5.1 was 687 acres or 5.9/1,000 persons. This is below the County wide average ratio of 7.8 acres/1,000 persons ("Proposed 1995 EAR for the Land Use Element I" Metro -Dade County CDMP, June, 1995, p. I-88 & I-137). The projected ratio of commercial land is expected to increase slightly in the future and is projected to be 6.2 acres/1,000 persons in 2005 and 6.0 acres/1,000 in 2015. Since the population in the study area is also expected to grow slightly, the amount of commercial use must also increase. Future commercial expansion will only occur through intensification and rezonings, because there is essentially no vacant land in the MSA. 3. Compatibility with Neighboring Uses. LeJeune Road is a major commercial arterial within the City of Miami Office and retail uses interact positively and are mutually supportive. The residential land uses which are abutting these uses have grown accustomed to the externalities, such as higher traffic flows, associated with office uses. Although the increase of these externalities is not necessarily desirable or I cceptable, the level of service (LOS) on LeJeune Road at the level of the subject site is C or better ("Proposed 1995 EAR for the Traffic Circulation Element W', Metro -Dade County, CDMP, June, 1995, p. H-27), which indicates that there is no congestion. DEC-13-95 WED 17:27 f.N 4. Other City Major Arterial Roads have Mixed Land Uses Alongside & Abutting. It is not unusual, throughout the City of Nfiami, to encounter mixed uses along major arterial roans. For example, land use patterns along Biscayne Blvd., 7th Avenue, 27th Avenue, 8th Street, 22nd Street, and 79th Street are similar to that of LeJeune Rd. and Flagler Street It is also not unusual to find small retail sites (C-1 zoning) interspersed with office uses (0 zoning). This is particularly the case at the intersections of NW 7th Street/NW 47th Avenue, SW 27th Avenue/SW 12th Street, SW 27th Avenue/SW 28th Street, SW 25th Avenue/SW 22nd Street, and SW 17th Avenue/Dixie Hwy. , 5. The Proposed Amendments Support City of Miami CNP Policy Goals. The City of Miami Comprehensive Neighborhood Plan (CNP) generally encourages infill development in order to better utilized existing public resources and services. The proposed land use and zoning amendments is based on this policy and will better utilize existing resources and services. This application is also consistent with the policies below: Policy LU-1. I.7: Land development regulations and policies will allow for the provision of adequate neighborhood shopping, recreation, day care, entertainment, and other neighborhood oriented support activities. Objective LU-1.3: The City will encourage commerc office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). 6. Commercial Use Will Be Population -Serving. The City of Mra ni is expected to grow by 8,119 residents by the year 2000 ("Proposed 1995 EAR for the Future Land Use Element", City of Miarni CNP 1989-2000, Vol. 1, Rev. November, 1995, I-23). The trade area (0.75 mi) of the subject property contains 15,512 persons or 5,775 households and a population density of 10,858 persons/square mile in 1995. This area is a mature residential area, yet it is expected to absorb an additional 742 residents by the year 2000. As discussed earlier, the surrounding population will easily support the proposed fast-food restaurant. Furthermore, there is sufficient residential population within the 2 mile trade area to support 8 fast-food restaurants. ' w f I i I i STATE 0¢ FLOAlOA } �OWOY 0f CAD( } ,Aif;pAY1T • itfore me, Cho w4frtignot wtnority, tr:T1 ctr personally appet " i, Norman S. Rosen one ainq by so tint d,►y sworn, wpm oath, :000111 ' and 1aya: I. !'fat At i1 the Owwr, v CM legal oprtstntatitt of the we?, subultting the actvGwyin9 appifcatjon for a Palle nearing as "quirel by 1 i Ortinance IIWQ of the Cate of th• City of Kiwi, Florida. affottiev the real property loeater +n trio City of Ninsi, as doscrtbsr and 1lsted OR the ofw attschor to this effiaarit wed oleic a Dart tliersef. Z. that all owners which he retretontf, if wq, hjve tiro" their full am co"loto pertissiw for his to apt in their bolkIf for the ehaoo or 4"I fies. tior of a cl asificatiun or roguletian 3! rating as 1tt out in tf» ecterpanyinq petition. 3, that the 1" att4ow horns and ads a part of this affitavit contain tM current "ales. sailing aedrt s", phone rdaMre ml level descriptions for the the real peopm ly of w ift it i f iba owtwer or iwl ropr'osmutirt. 4. tht facts ea rwo Intod iA the awlicetie" owl t"Um ubnittsd in C*Nu"etion with this affi/snit are, %mw A cs+Toet. FvMMr Afflaot seyeth not, ' �' ,i✓, Sworn to and 540scribed Were sa this 'LL .rd4y of Aetary public, State of ► ends at L . � wow f+�laa/er+ tisiroi� Q/111AL formr a" 00467164 0 Jt1\ 1 LS I KVJCIV A33VU t ' ' tJy fd —(9 /— i>tdfdlS 1 S : �01 Si05 4q STATE OF FLORIDA COUNTY OF DADE r - �o ibr n 1/ AFFIDAVIT i� e1i24ado41;9 3/ 3 ham. via Before rns, the undersigned authoft thb day perecnaly appeared CLIFFOAD FIOSEN, who being by ms first duly wmm, upon oath, deposes and says; 1. That he/she is the owner, or the "W repraNntalvr of 1110 owner, vAwWing the moornpanying application for a pubflo hearing as required by Ordinance 11000 of the Code of to Chy of Miaml, Florida, aff nq the real property moods Into City► of Miami, as deaorlbed and listed on the pages attached to 1% WTdavit and made a part hereof. 2. That all owners which hel" ruprssrrb, I any, have given their full and oompleb0 permission for hkryher to act In their behalf for the ahanpe or ►nadlfloadon of a alaasiAoetlen or regulation of zoning as sat out In the aeoompanying petition. a. 'That the pages attached hersto mid made a part of this aAvd oomWn the current names, millng addresses, phone rwrnWm atnd legal descriptbns for the real property of which fWahs Is the owner or Neal tvpuwbdft 4. The facts as rspreserI Conjunction with this affidavit are true and C Further Mo. sayeth not. Swom110 and mAmodbed before rna this / —dayCof Mamh, 1= ? blic, State of Fbrida at Large My Coninl lion bq)hm: E ICIAI. NOTARY SEAL ,NANA M AMAGO ONNSWN NUMBER CC487164 Y COMMISSION EaP.sEPT s,� asp n 3600' MAR. 07 ' 96 (THU) 14: 36 COMMUNICA710N Nc : 16 PAGE. 3 11481 C] Owner's Name Norman S. Rosen OWNER'S LIST Hailing Address 215 SW LeJenue Road, Miami, FL 33134 Telephone Number , 305-446-5663. Legal Description: _ See attached Exhibit "A" 40 Y Owners Name Mailing Address %{ 0 C1 1 5LJ 2,,,d Tem• min i of t-ae�, Telephone Number Legal Description: I— b? I ) (3 LO C_rL ( I w 1 502 %�'L/L IEC>r� <4L:Z — S7) Pie b . C . l_-E-ss Ake. -r,,-(A, P-07RT vt -S'Riv �T t -Tfs¢Ir IJ ES Vj. Or !a LlAjE WW,CN IS S 4eq. S` �. QF�I S MEftSI/!�D AT 2/G' HT ANcL &S• AND p� AAE'4 7D Tfi�G41 L/�/� QF T E �. l✓ . 1/j4 of - -rl-O I s, To AIAIsH/,� . �SodT 6� •;�/ EAST Tl- DER F L Y/Al G f�-nli� 6 E7 [/Jc tJ 1�ADE GOL)%J�� f=�-t�fitD' 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 Street Address Street Address Legal Description Legal Description Legal Description 11481 • 0 OISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Windsor Terrace PB 42-57 Lot 1 Less R/W Blk 1 4091 SW 2nd Terrace 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance Me. 9419 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 Com•ission. Accordingly, question 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Norman S. Rosen 500 Clifford Rosen 500 3. Legal description and street address of any real property (a) owned by any party listed in answer to question i2, and (b) located within 375 feet of the subject real property. Sickles Grove PB 75-6 Lots 1 to 6 & W 45 Ft of Lot 7 Less R/W Blk 5 215 SW 42nd Avenue OWNER OR ATTORNEY FOR OWNER STATE OF FLORIDA } SS: COUNTY OF DADE } 7S>,iv-1 kGz 0 -ECt-rGmduly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question PI, above; that ha-has read the foregoing answers and that the save are true and c"Witte; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership fora on behalf of the owner. (SEAL) (Mamie) SWORN TO AND SUBSCRIBED before let this ;� day of �� ct Notary Public, State ofJFlorida at Large OFFICIAL NOTARY SEAL MY COMMISSION EXPI ALLNA CARVA)AL . CITARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC220,95' MY COM�i1S>;G\ i ,tiP.. F'F 22,1996 37 t1481 :u J , 11 'V uv 0 u i i J U WARRANTY DEED WARRANTY DEED, made this -21 day of 1986 between LOUISE V. LUDWIG, a single person, (the."Grantor") and NORMAN S. ROSEN and CLIFFORD D. ROSEN, as tenants in common whose post office address is c/o Rosen Associates, 215 S.W. LeJeune Road, Coral Gables, Florida 33134, (the "Grantee"). W I T N E S S E T H That the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) to it in hand paid by the Grantee, the receipt whereof is hereby acknolwedged, does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee the property lying and being in Dade County, Florida, and more particularly described as follows: Lot 1, in Block 1, of WINDSOR TERRACE, according to the Plat thereof, recorded in Plat Book 42, at Page 57, of the Public Records of Dade County, Florida. LESS all that part of said Lot 1 that lies West of a line which is 44.5 feet East of as measured at right angles and parallel to the West line of the Southeast 1/4 of Section 5, Township 54 South, Range 41 East thereof, lying and being in Dade County, Florida. SUBJECT TO: 1. Taxes and assessments for the year 1986 and all subsequent years. 2. Easements, restrictions and reservations appearing in the public records. 3. Zoning ordinances and other prohibitions and regulations imposed by government.authorities. This InsfrumPnt PSeD$L2d $y: EDWARD A. STERN, ESQ. One Biscayne Tower, Suite 2800 Miami, Florida 33131 00 44, 11 81 AEA: f ��4 338 4. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. .TO HAVE AND TO HOLD the same in fee simple forever. And Grantor hereby covenants with said Grantee that it is lawfully seized of said property in fee simple; that it has good right and lawful authority to sell and convey said property; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as set forth above. IN WITNESS WHEREOF, the Grantor has caused this Warranty Deed to be executed the day and year first above written. Witnesses: LOUISE V. LUDWIG STATE OF FLORIDA SS: �.V COUNTY OF BROWARD ) BEFORE ME; a Notary Public authorized to take acknowledgments in the State and County set forth above, personally appeared Louise V. Ludwig, a single person, known to me and known by me to be the person who executed the foregoing and she acknowledged before me that she executed the same. IN WIT ESS WHEREOF, -I have hereunto set my hand and axed my of is al seal in tho State and County aforesaid, this day of ! , 1986. My commission Expires:' ;� J Notary Public. State of Fonda at lr_r4e 'totary Public My Commission Expeee Sept 12 t 60.,0 OW AGM-S WTAM POKOL048 0 weas.8550.0093 ( NOTARY SEAL) ,�� �'••••••.��b /7 z �'.j V) 39 11481 Application i Date: -CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT 275 N.W. 2 STREET MIAMI, FLORIDA 33128 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City of Miami, Periodic review, additions and amendments to the adopted comprehensive plan, reads as follows: Periodically, but not less often than once in five (5) years or more often than once in two (2) years, adopted comprehensive plans, or a portion thereof, shall be reviewed 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 plans, or portion thereof. If the City Commission desires an amendment or addition, it may on its own motion, direct the Planning Department to prepare such amendment for submission to and review by the Planning Advisory Board. The Planning Advisory Board shall make a recommendation on the proposed plan amendment to the City Commission within a reasonable time as established by the City Commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the same as the procedure for original adoption. This petition is proposed by: ( City Commission ( ,Planning, Building and Zoning Department ( Zoning Board ( X Other b Please Specify: Norman S. Rosen 4 . - hib E xit "A" The subject property is located at See attached AND MORE PARTICULARLY DESCRIBED AS: Lot(s) _ See attached Exhibit "A" -_- - Block(s) Subdivision Page 1 of 3 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: Office & Single Family Residential TO: Restricted Commercial Please supply a statement indicating why you think the existing plan designation is inappropriate: See attached Exhibit " B" Please supply a statement justifying your request to change the plan to your requested plan designation. See attached Exhibit "C" What is the acreage of the property being requested for a change in plan designation? I n .81 acres I � 3 S, 2�3 � �1'i %� Page 2 of 3 4 8 1 Has the designation of this property been changed in the last year? No Do you own any other property within 200 feet of the subject property? No If yes, has this other property been -granted a change in plan designation within the last twe ve months? Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? Yes Have you filed with the Planning and Zoning Boards Administration Department: Affidavit of ownership? Yes List of owners of property within 375 feet of the subject property? Yes Disclosure o owners ip form? Yes . If not, please supply them. SIGNATURE DATE February 8, 1996 NAME Santiago D. Echemendia ADDRESS 999 Ponce De Leon Blvd., Suite 1150, Coral Gables. FL 13134 PHONE 305-444-1500 STATE OF FLORIDA I SS: COUNTY OF DATE SN+FF(Ak'.(-) b - , being duly sworn, deposes and says that he is t e er) (Authorized Agent for er of t e real property described above: that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has -authority to execute this petition on behalf of the owner. � �C-Bd�IE 514�Ti� (SEAL) SWORN TO AND SUB,RIBED befo me this day of MY COMMISSION EXPIRES: Computation of Fee: Receipt l: Page 3 of 3 -ALINA CARVAJAL ARy 1,UBUc STATE OF FLOP COMMWION NO. CC220957 PI,�3 i AFf1DAV(T STATE Olt FL0110A } `` COUNrY OF CAGE } I i tefore so, the ar Imigew ,wthority, t„1g ory porwnelly Aposerea 1 Norman S. Rosen k,rl by at first a,ly sworn, wpm oath. Qeposat ana t Wro : 1. !hat ho is the wwr, or the 1e4e1 ioprosentative of the oMor, tubsitting the eCG~ring appiication for a pO lic hearirq at required by Ordinanto 11M of the Colo of the City of Mimi, Rlorida. affecting the reel Iproperty located in the City of Pimi, at 441mbod and tittod an the pages I - ttttsAOd to this affilei►ilh+sd wado t art thorret'. 2. That ell owners Which he r"retents, ++< av, , havo Vivo" their full am cavltto porisisti-A for hi• to kt it their bohallf foo the Change or swifiee- :for; of .a rlasificttim or r plAtioh of maimg a& 14t aui` in the tctamwginq i petition. J. That tM mes attubw home ow WAI a on of this +Nitwit Conte!* the current new, aalilinV ar1�^eeaaf pho"o rr 6m end level descriptions for the the real proge+1,17 of $hi ch h* Is µil owner or l ogatl ropmantative. i 4. The fatter ea r+spresanted in the %viicttion and doicam ulaaittw in Conjunction with this Affilavit are,tr w1lAl correct. { ►wMW Affiot s q►eth not, n Sworn to WA 50scri boas Were aw this �,,;rdey of notary Public, State of p erida a la �"rAKWO 91 o1111 0 N"n1RR � Mr rl�slee [i�aires� CC487164 ONION EXP. OF ft SEPT 8 1999 1481 OWNER'S LIST Owner's Name _ Norman S . Rosen Mailing Address 215 SW LeJenue Road, Miami, FL 33134 Telephone Number .305-446-5663. Legal Description: \ See attached Exhibit "A" L 21'S�'^ �` Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 37S feet of the subject site is listed as follows: Street Address Legal Description Street Address Street Address Legal Description Legal Description 9 i:42 i -05 GG; - _AR!__- � ECHEt1ENG;a Y.02 i ! 5 S.W.- Le Jegno Rogd i Lots 1 thru 8 and the West 45 feet of Lot 7, Block 5, SICKELS GROVE, according to the Plat thereof, recorded In Plat Book 15, at Paige 8, of the Public Records of i Dade County, Florida. �091 3l1�, Tarr cp i Lot 1, In Block 1, of WINDSOR TERRACE, according to the Plat thereof, recorded In Plat Book 42, at Page 57, of the Public Records of Dude County, Florida LESS all that part of said Lot 1 that lies West of a line Which le 44.6 feet Fast of a$ l measured at right angles and parallel to the West line of the Southeast 114 of i Section 5, Township 54 South, Range 41 East thereof, lying and being In Dade I County, Florida, l t DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Sickles Grove PB 15-6 Lots 1 to 6 & W 45 Ft Qf Lot 7 Less R/W Blk 5 1 215 SW 42nd Avenue 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 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. Norman S. Rosen 1000 3. Legal description and street address of any real property (a) owned by any party listed in answer to question f2, and (b) located within 375 feet of the subject real property. Windsor Terrace PB 42-57 Lot 1 Less R/W Blk 1 4091 SW 2nd Terrace OWNER OR ATTORNEY FOR OWNER STATE OF FLORIDA } SS: COUNTY OF DADE } being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question 11, above; that ha-has read the foregoing answers and that the saw are true and complete; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership form on behalf of the owner.. (SEAL) (Name) SWORN TO AND-SUBSgIBED before a>t this C�-�to�C` ��L+✓� day of Ltic.Fl� Public, State of Ilorids at Large OFFICIAL NOTA?Y" SEAL ALI C- A. MY CMlSSION EXPIRES: NOTARY PUBLIC STAT-rCF FLORIDA COMMISSION NO. CC2 0957 . *7 \IY CO-.\4yIISSION EXP. S�-. i Z,1996 fulfil. N-;'-4:5922 - , :.j ::: a ave insura -n cornnv;^lent .,Y ' MORTGAGE DEED wb....r r.d M.ia tb. cus sw�np .nd "warty.." I.d,,d. @9 tb. P d. t. tbY IwW. wt Yul W bdM I.pl npe+suYir• ..d rYd.. d tndStidu.l. .ed YD. YY�on _d &ULM d Ymyae U_; "d W to nnn' iedYd� YW tb..oY� bn.,n dYcibYd It ma. tban m.. Whw�.YYJ. mW the dngWw amnbw.b.R IYda& the am.J wW tb. plan" tb. docw....d tb. d .., d. A_ YA.II i.dld. dl d..dYY..J - Executed the %rd day of July .4. D. 1968 , by NORMAN S. ROSMd hereinafter called the .Vorteafor, to L. E. THOMPSON and FLOSSE S. THOMPSON, his wife hereinafter called the Mortgagee, Witnesseth, that for divers good and valuable considerations, and also in consideration of the aggregate sum named in the promissory note of even date here- with, hereinafter described, the said Mortgagor, does grant, bargain, sell, alien, remise, release, convey and confirm unto the said Mortgagee, in fee simple, all that certain tract of land, of which the said Mortgagor is now .seized and possessed, and in actual possession, situate in Dade County, State of Florida, described ae follows: Lots 1 thru 6 and the rest 45 feet of Lot 7, Block 5, SICKE,S GROVE, according to the Plat thereof, recorded in 711?t Book 15, at Page 6, of the Pablic ,ecords of Dade County, Florida. THIS IS PfTRCAASE MONEY :'ORTGAG Ro (FLORIDA iVt�w �1�111����}�aT 1 10 T=1L Vl'.1V11': aSL NO LL KiY 11 N,vlu.u�arJ) To Have and to Hold the same, together with the tenements, heredita- ments and appurtenances, unto the said Mortgagee in fee simple. And said Mortgagor does covenant with said Mortgagee that said Mortgagor is indefeasibly seized of said land in fee simple; that the said Mortgagor has full power and lawful right to convey said land in fee simple as aforesaid; that it shall be lawful for said Mortgagee at all times peacedbly and quietly to enter upon, hold, occupy and enjoy said bind; that said land is free from all incumbrances; that said Mortgagor will make such further assurances tc perfect the fee simple title to said land in said Mortgagee as may reasonably be required; and that said Mortgagor does hereby fully warrant the title to saui land and will defend the same against the lawful claims of all persons whomsoever. ,ma t RESOLUTION PAB - 26-96. A RESOLUTION RECOMMENDING DENIAL OF AMENDING ORDINANCE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1989-2000, FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 4100 S.W. 2ND STREET, 215 S.W. LEJEUNE ROAD AND 4091 S-.W. 2ND TERRACE, FROM SINGLE-FAMILY RESIDENTIAL AND OFFICE TO RESTRICTED COMMERCIAL. HEARING DATE: May 15, 1996 VOTE: 7-1. v J JACK LUFT, DIRECTOR COMMUNITY PLANNING & REVITALIZATION DEPARTMENT MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11481 Inthe........................XXXXX..................................... Court, was published in said newspaper in the Issues of May 5, 1997 Attiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached. copy of advertisement; and afflant further says that she has neither paqo nor promised an Irm or corporation anFerl;g nt, rebate, com r refu d for the purpose of this adve nt r publ atlon In the said ne.I,, S to and subscribed before me this 5 ay 97 .......day of ..... ..... .................... ..,,c........,Lll,(A.D. 19...... (SEAL) OFFICIAL NOTARY S®� Octelma V. Ferbey pR9qonalPy P.n4*XyT LLERENA _ n COMMISSION NUMBER Q CC566004 MY COMMISSION EXPIRES FOF F',O JUNE 23,2000 -CITY OF MIAMI,- FLORIDA • LEGAL NOTICE Allinterested "persons wilf take notice that.,on the'10th day. of April, 1997,. the City Commission of. Miami; Florida, adopted the following' titled ordinances: ORDINANCE NO.11476 AN ORDINANCE,'. WITH ATTACHMENT(S); APPROVING CREATION OF.THE."BAY HEIGHTS -ROVING SECURITY.' GUARD SPECIAL TAXING DISTRICT' BY METROPOLITAN DADE .COUNTY FOR THE BAY HEIGHTS NEIGHBOR- ` HOOD, MIAMI, FLORIDA, FOR THE PURPOSE OF PRO- `•VIDING-ROVING POLICE PATROL SERVICE; SUBJECT TO: COMPLIANCE -WITH' APPLICABLE CITY OF MIAMI.'AND METROPOLITAN' DADE . COUNTY REQUIREMENTS; -AP- } PROVING NECESSARY EXPENDITURES FOR SAID ROV.- .: ING ' OFF -DUTY POLICE PATROL SERVICE; REQUIRING'- REIMBURSEMENT,FOR ALL EXPENDITURES; REQUIRING, EXECUTION OF iNTERLOCAL `AGREEMENT, IN SUB- $TANTIALLY-THE FORM ATTACHED HERETO,. BETWEEN: THE CITY AND .METROPOLITAN DADE -COUNTY; CON- TAINING A REPEALER : PROVISION, -SEVERABILITY CLAUSE; AND PROVIDING FOR AN -EFFECTIVE DATE. ORDINANCE NO. 11477_ AN.ORDINANCE ESTABLISHING FOUR-(4) NEW SPECIAE1 REVENUE FUNDS `UNDER THE FOUR TITLES LISTED BELOW AND APPROPRIATING'FUNDS FOR'THE-OPERA- TION OF EACH OF THE FOUR. (4) NEW --SPECIAL -- REVENUE. FUNDS IN .THE AMOUNTS SPECIFIED, AS' FOLLOWS: COMMUNITY DEVELOPMENT BLOCK GRANT (.TWENTY-THIRD YEAR), $13,106,000; •HOME INVEST-- MENT PARTNERSHIP (HOME) GRANT"' $4,203,000; EMERGENCY SHELTER GRANT (ES%.--..$346,000;,•AND "HOUSING OPPORTUNITIES FOR PERSONS :WITH AIDS (HOWPA) GRANT - $8,832,000; FURTHER .•APPRO PRIATING THE SUM OF $2,500,000 FROM COMMUNITY: - DEVELOPMENT BLOCK GRANT (CDBG).:PROGRAM.'IN- COME AS .APPROVED BY U.S. HOUSING .AND, URBAN DEVELOPMENT FOR A TOTAL APPROPRIATIONS OF $29,987,000; CONTAINING'A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO.11478 AN ORDINANCE. ESTABLISHING A SPECIAL•;REVENUE.. ; FUND ENTITLED:-t.T.O'.0. PROGRAM',' AND -APPRO- PRIATING -FUNDS-- FOR THE OPERATION OF. SAME, IN -THE AMOUNT- OF $47;2%00, CONSISTING, OF. A GRANT FROM_T,;HE•U.S..DEPARTMENT OF JUSTICE; AUTHOR- IZING THE CITY MANAGER TO ,ACCEPT .SAID GRANT . AND TO EXECUTE THE NECESSARY, DOCUMENTS, :IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION ANDA. . 'SEVERABILITY CLAUSE..._ ORDINANCE NO.11479 AN ORDINANCE AMENDINGSECTION 2-7 OF THE CODE OF THE CITY OF MIAMI; •FLORIDA, AS AMENDED, THERE- BY INCREASING' THE ;SERVIQElPHARGE ON REFUSED BY ADDING A , NEW , SECTION 2-8 DEFINING ACCEPTABLE FORMS • OF • PAYMENT 'AND REQUIRING, CERTAIN IDENTIFICATION;.FROM,THE PERSON ISSUING A CHECK, DRAFT OR ORDER;, CONTAINING A REPEALER PROVISION; SEVERABILITY <CLAUSE; -AND PROVIDING ' FOR AN EFFECTIVE DATE. ORDINANCE NO. 11480 "AN;'ORDINANCE AMENDING.SEGTION 22-37(f),.OF, THE CODE OF THE CITY�OF MIAMI, FLORIDA; AS AMENDED, TO IMPOSE AN ADMINISTRATIVE FEE OF $100.00 OR' TEN PERCENT, WHICHEVER`IS"GREATER, IWADDITION TO THE ACTUAL' EXPENSES. INCURRED . BY THE CITY WHEN CORRECTIVE ACTION IS. TAKEN TO REMEDY 'A VIOLATIVE CONDITION .ON kA. LOT;, PROADING FOR A REPEALER PROVISION, AND A�$EVERABILITY CLAUSE ORDINANCE NO. 11481 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS OF PRO- PERTIES LOCATED AT APPROXIMATELY 215 LEJEUNE ROAD, 4091 SOUTHWEST 2ND TERRACE AND 4100 SOUTHWEST 2ND"STREET, FROM OFFICE AND SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO: AFFECTED AGENCIES; -CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. - ORDINANCE NO: 11483 AN ORDINANCE AMENDING CHAPTER 35, ENTITLED:. "MOTOR VEHICLES AND TRAFFIC,", OF THE CODE OF THE CITY OF. MIAMI, FLORIDA, 1996, BY ADDING A NEW ARTICLE Vill ENTITLED: "VALET PARKING"; PROVIDING FOR THE ESTABLISHMENT OF VALET PARKING IN THE DOWNTOWN CENTRAL BUSINESS DISTRICT, AS DE- FINED IN THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; PROVIDING FOR RELATED- PERMITS, . FEES, RULES AND REGULATIONS AND APPEALS, FURTHER, RESERVING SECTIONS IN ARTICLE VII OF SAID -CHAPTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances may be -inspected by the public at the Office of the City Clerk, 3500 Pan American Drive,Miami, Florida, Monday through C.:.1.... +he L,e. ;, ni a o m ­4 r. n m