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HomeMy WebLinkAboutO-11290J-95-6 2/14/95 i1290 ORDINANCE NO. AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 4101 NORTHWEST 11TH STREET AND 1135-1145 NORTHWEST 41ST AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 27 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board at its meeting of February 6, 1995, Item No. 3, following an advertised hearing, adopted Resolution No. ZB 017-95, by an nine to zero (9-0) vote, RECOMMENDING APPROVAL of a change of zoning classification, subject to the exclusion from the change of Zoning of a one foot strip of land at the easterly property line, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CONTAINED I 11290 Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is hereby amended by changing the zoning classification from R-3 Multi -Family Medium -Density Residential to C-2 Liberal Commercial for the property located at 4101 Northwest 11th Street and 1135- 1145 Northwest 41st Avenue, Miami, Florida, more particularly described on Exhibit "A", attached hereto and made a part hereof. Section 2. It is hereby found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; -2- 11290 (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property values in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 27 of the Zoning Atlas, made a part jof Ordinance No. 11000, as amended, the Zoning Ordinance of the i City of Miami, Florida, by reference and description in said Ordinance, is hereby amended to reflect the changes made necessary by this Amendment. Section 4. All ordinances or parts of ordinances insofar I as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective after final reading and adoption thereof pursuant to Section 163.3189, Florida Statutes (1993). PASSED ON FIRST READING BY TITLE ONLY this 23rd day of February 1998. -3- 11290 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 13th day a f " ATTEST: 4ALTyELR4LVFOEMAN CITY CLERK PREPARED AND APPROVED BY: i G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W/ --4&j S, III CIT ATT N Y GMM/ms/ 101 -4- '-A I LEGAL DEESCRIPTIONt Tract A of " HANDELSMAN SUBDIVISION" according to the plat thereof as recorded in Plat Book 56 at Page 60 of the Public Records of Dade county, Florida, and, Commence at the SW corner of the NW 1/4 of the SE 1/4 of Section 32, Township 53 South, Range 41 East, Dade County, thence due North along the west line of the NW 1/4 of the SE 1/4 of said Section 32 for a distance of 25 ft.; thence North 88 degrees 51'30" East, parallel with the South line of the NW 1/4 of the sE 1/4 of said Section 32, for a distance of 340 ft. to a point; thence due North parallel with the west line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue due North for a distance of 69.46 ft to a point;, thence North 88 degrees 51'30" East, parallel with the South line of the NW 1/4 of the BE 1/4 of said Section 32 for a distance of 60 ft. to a point; thence due south, parallel with the west line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 70.50 ft. to a point; thence South 89 degrees 53'30" west for a distance of 59.99 ft. he, point of Beginning, lying and being in Dade county, Fla /�G'♦�J-'"t�,�R`Cn� mg, �T �t�f• commence at the southwest corner of the Northwest 1/4 of the Southeast 1/4 of the section 32, Township 53 south, Range 41 East, thence due North along the West line of the Northwest 1/4 of the southeast 1/4 of said Section 32, for 25 feet; thence North 88 degrees, 51'30" East, parallel with the south line of the Northwest 1/4 of the Southeast 1/4 of said Section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the west line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 80.54 feet; thence North 89 degrees, 53'30" East for 59.39 feet; thence due South parallel to and 400.00 feet East of the West line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 79.42 feet; thence south 88 degrees, 51130" West parallel with the south line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 59.40 feet to the Point of Beginning, lying and being in Dade county, Florida] les c . 00' �T oT EXHIBIT "A". 11290 ZONING FACT SHEETPZ= 11 LOCATION/LEGAL 4101 NW 11th Street and 1135-1145 NW 41 Avenue. (Complete legal description in the Hearing Boards Division's file). APPLICANT/OWNER Ronald Pellitero for Adelaida Fernandez-Fraga, Esq. Pell/Cruz Investments, Inc. 6061 Collins Avenue, #23C 3191 Coral Way, Suite 1005 Miami Beach, FL 33140 Miami, Florida 33145 461-4440 ZONING R-3 Multifamily -Medium Density Residential. "REQUEST Change of Zoning as listed in the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4., Section 401 Schedule of District Regulations, from R-3 Multifamily -Medium Density Residential to C-2 Libifral Commercial. C -RECOMMENDATIONS: .� PLANNING, BLDG & ZONING Approval with condition. PUBLIC WORKS No comments. PLAT AND STREET N/A. DADE COUNTY TRANSPORTATION. No comments. ENFORCEMENT HISTORY, IF�ANY C.E.B. Case No: N/A. Violations) Cited: N/A'. .Ticketing Action: N/A. Affidavit of Non -Compliance issued on: N/A. Total Fines To Date: N/A. CEB Action: N/A. Last Hearing Date; N/A. Found: N/A. Daily Fine: $0.00 Lien Recorded On: N/A. HISTORY Recommended for denial on 10/19/94 by Res. PAB 60-94 with a vote of 8-0. The Zoning Board on IV21/94 recommended approval by Res. ZB 128-94 with a vote of 8-0. Item is being returned to Zo-iing Board for inadvertent omission of a secondary street address which is part of request. ANALYSIS The petition for this change of zoning is in order to move the zoning designation boundary line of the adjacent property east and extend the C-2 Liberal Commercial designation to include the subject property. The Planning, Building and Zoning Department contends that the increased densities created by this change will not have additional impact on the existing conditions in the area and is recommending approval of the application with the condition that a one foot (1'-011) strip around the portions of the property which abut a less intense district remain R-3; this is in order to prevent the requested change from beginning 'a domino effect of changes within the area. ZONING BOARD APPELLANT CITY COMMISSION APPLICATION NUMBER Recommended for approval to City Commission. (Res. No. 017-95) 94- 312 Page 1 February 6, 1995 11290 Yes No N/A X Q X X X X X f"""1 ANALYSIS OF PROPOSED ZONING CHANGE APPLICATION NUMBER 94- 312 X The proposed change is in harmony with the adopted Miami Compre- hensive Neighborhood Plan, 1989-2000, and does not require a plan amendment. I X The proposed change is in harmony with the established land use pattern. The proposed change is related to adjacent and nearby districts. The change suggested is within scale with the needs of the neigh- borhood or the City. The proposed change maintains the same or similar population density pattern and thereby the load on public facilities such as schools, utilities, streets, etc. is the same. X Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. X There are changes or changing conditions that make the passage of the proposed change necessary. X The proposed change positively influences living conditions in the neighborhood. The proposed change has the same or similar impact on traffic and does not affect public safety as the existing classification. The proposed change has the same or similar impact on drainage as the existing classification. The proposed change has the same or similar impact on light and air to adjacent areas a: the existing classification. X The proposed change has the same or similar impact on property values in the adjacent areas as the existing classification. The proposed change will contribute to the improvement or deve- lopment of adjac,6nt property in accord with existing regulations. X The proposed change conveys the same treatment to the individual owner as to the owner within the same classification and the immediate area; and furthers the protection of the public welfare. X There are substantial reasons why the use of the property is unfairly limited under existing zoning. X It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. November 21, 1994 Item# 8 3 11290 I f W TRACT "A"*"l I'-� • �� . .. W \� D J itW • 1t = � �� G/I I- 14 I pro DIXON GLADYS RACT A C -I � t 41 • 7• • �• e ..s it son n e►�. H e. a es E Mr. Lorenzo Luaces offered the following Resolution and moved its adoption. RESOLUTION ZB 017-95 AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ATLAS OF THE ZONING ORDINANCE NO. 11000, PAGE 27, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 4101 N.W. 11TH STREET AND 1135-45 N.W. 41st AVENUE MORE PARTICULARLY DESCRIBED AS EXHIBIT "A" HEREOF ATTACHED; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. THIS CHANGE OF ZONING WAS APPROVED SUBJECT TO EXCLUDING FROM THIS APPLICATION A ONE FOOT (1-) STRIP AT THE EASTERLY PROPERTY LINE AS A CONDITION OF THE PLANNING DIVISION OF THE PLANNING, BUILDING AND ZONING DEPARTMENT. Upon being seconded by Mr. Osvaldo Moran-Ribeaux the motion was passed -and adopted by the following vote: AYES: Mses. Basila, Acosta & Morales. Messers. Luaces, Moran-Ribeaux, Barket, Carman, Crespo & Milian. NAYES: None. ABSENT: Mr. George Sands. Ms. Fernandez: Motion carries 9-0. February 6, 1995 Item# 3 Zoning Board OMM 221o. ins AM MWM� aF MMC R � m =1 aMEMOL When pertaining to the remoning of land under application made under esction 2202.1(e), the report ad recommendations of the Zoning Board shall show that the lacing Hoard has studied and considered, wi"iere applicable, whether or not: ( (a) The prgsosed change conforms with the adapted Nled Comprehensive Neighborhood Plan -- and does not require a plan shheadment; (b) The proposed starve is in harmony with the established land use pattern; (c) The proposed cihage is related to adjaoeot and nearby districts; (d)The dmp wanted is oat out of scale with the made of the neighborhood or the lr city; (e� The prapaed change maintains the save or similar population density pates and �..% thereby does not increase or overtax the lad on public f-411d" such s Ala► ur1141-4 , streate, etc.; (f) Hdsting district boundaries are illogically &um in relation to sldstirg enrw��.�r on the property proposed for cihage; (g) ; Qhagd or dwglag conditions make the passage of the prapaa 0 dame necessary; �h'(h) 7ha proposed c w4p positively 'infiuenoam living conditions in the nei#6orhood; (i) The pr -1 1 chaos has the some or similar impact on traffic and does not effect public safety to a greater estent than the eadsting classification; (j) The prapaad dhaoe has the am or similar impact on drainage as the edstirg classifirstion; (k) The Iropceud dugp has the same or alldJjw Impact an light old air to adjacent areas as the existing rlassifirsticq; (1) my propoaad dugp has the some or similar impact on property values in the adjacent aces as the emdating classification; (ah) The proposed dhange will contribute to the improvement or development of djaws: property In accord with existing regulations; (n) The proposed dump coaueys the some trasrsant to the individual was as to cunace within the use Anal Ication and the ianrdtste area and furthers the protection of the public welfare; (o) 2mm an substantial ressons why the use of the property is unfairly limited under existing am' ; „� • (p) It is difficult to find other adequate sits in the surrounding arcs for tin proposed use in districts already permitting such use. (MM7M) After considering the factors wA forth in Section 2210 of Ordicanoe 11000, I we that qW-mequat (agenda item ) be reocmoeided to the City Comwdsajan for - ( z J ' ia+e Itea Date ' 11290 Mr. Lorenzo Luaces and moved its adoption. offered the following Resolution (RESOLUTION ZB 128-94 AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ATLAS OF THE ZONING ORDINANCE NO. 11000, PAGE 27, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL Ti! C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 4101 N.W. 11TH STREET MORE PARTICULARLY DESCRIBED AS EXHIBIT "A" HEREOF ATTACHED; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. THIS CHANGE OF ZONING WAS APPROVED SUBJECT TO THE CONDITIONS OF THE PLANNING DIVISION OF THE PLANNING, BUILDING AND ZONING DEPARTMENT. Upon being seconded by Mr. Osvaldo Moran-Ribeaux the motion was passed and adopted by the following vote: AYES: Mses. Basila and Morales. Messers. Luaces, Moran-Ribeaux, Barket, Carman, Crespo and Sands. NAYES: Nine. ABSENT: Mrs. Hernandez and Mr. Milian. Ms. Fernandez: Motion carries 8-0. November 21, 1994 Item# 8 Zoning Board / 5 11290 MMON 2210. BR= AM MqM=E= OF MM M CI1! 031USMIX When pertaining to the rezoning of land under application made under section 2202.l(e), the report and recommendations of the Zoning Hoard shall show that the Zoning Hoard has studied and considered, where applicable, whether or not: (a) 'Ilse proposed deep conforms with the adopbad Maori CampreI ive Neighborhood Plan and does not require a plan amendment; (b) The proposed change is in hanmocy with the established land use pattern; (c) Ma proposed change is related to adjacent and nearby districts; (d) The change suggested is not out of scale with the needs of the neighborhood or the city; (a) The proposed chase asinrsi.,a the ammo or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) Existing district boundaries are illogically drawn in relation to existing conditions oa the property proposed for change; (g) Changed or ranging conditions make the passages of the proposed ranee necessary; (h) Zits proposed dhmage positively influaeennae living conditions in the neighborhood; (i) The proposed Chasse has the Same or similar impact an traffic and does not affect public safety to a greater extent than the existing classification; (j) The proposed chugs has the same or similar impact on drainage as the existing classification; W 7hhe proposed chasm has' the same or aimilar impact an light and air to adjacent arras as the existing classification; (1) The proposed charge has the lama or mind impact on property values in the adjacent area as the existing classification; (m) The proposed change will contribute to the imprnvenent or develgmsat of adjacent property in accord with existing regulations; (a) The proposed change conveys the same treatment to the Individual o ffler as to owners within the sane classification and the Immediate area and furthers the protection of the public welfare; (o) There are substantial reasons why the use of the property is unfairly limited under existing zoning; (p) It is difficult to find other adequate sites in the ' as rounding diva for the proposed use in districts already permitting such use. (MMM) After considering the factors set forth in Section 2210 of Ordinsnee 110009 I move that the re*mt (aganda item ) be recommended to CL ion for (approval)(denial). f i129:0 g 1]ate AMENDMENT TO APPLICATION PURSUANT TO THE REPRESENTATIONS MADE BEFORE THE ZONING BOARD AT THE PUBLIC HEARING SCHEDULED ON JANUARY 23, 1995 AND IN ACCORDANCE WITH THE TERMS OF THE RECOMMENDED APPROVAL OF THE ZONING BOARD AT THAT HEARING, THE A 'LICATION IS HEREBY AMENDED, TO EXCLUDE FROM THE PROPERTY BEING L -ZONED IN THIS APPLICATION THE EAST ONE (1) FOOT OF THE PARCEL AS A WHOLE. DATED: FEBRUARY 13, 1995 _ ADRIENNE FRIE NER--.':RDO ATTORNEY FOR APPLICANT APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number 92- I, Ronald PellitPro.- as President of Pell ,'(r^n» _= Tn%?_runt-�r� hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: I. Address of property: 4101 N.W. 11th street Anri 1135 and 1145 N WT L1st_Ai�T11,� 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. 3. Affidavit disclosing ownership of property covered by application and disclosure of interest. (See attached form.) 4. Certified list of owner of real estate within a 375-foot radius of the outside boundaries of property covered by -this application. (See attached form.) 5. At least two photographs that show the entire property (land and improvements.) 6. Atlas sheet(%) on which property appears: 7. Present zoning designation(s): 13-1 8. Proposed zoning designation(s): C-2 9. Statement explaining why present zoning designation is inappropriate. (See attached form.) 10. Statement as to why proposed zoning designation is appropriate. (See attached form.) 11. Other (Specify) 12. Filing fee of ; according to following schedule: Change of zoning•classification to: CS, PR, R-1, R-2, per square -foot of net lot area ............. ; 0.12 Minimum....................................................... $550.00 R-3, R-4, 0, G/1, per square foot of net lot area ............. ; 0.16 Minimum.................................................4.... $650.00 per square foot of net lot area .................. ; 0.20 Minimum'....................................................... $750.00 COD and all SO's, per square foot of net lot area ............. ; 0.22 Minimum....................................0..4............... Signature: Name: Rcmal A P _71 i tern as P -eside ±t of PPl l /C4m 7. Investments, Inc. Address: 6061 Collins Avenue. L23c Miami Beach, FL 33140 Phone: ' 868-3733 STATE OF FLORIDA } SS: COUNTY OF DADE } President of Pell/Cruz Inviest=nt�s , The Ronald Pelliterc as being duly sworn, deposes an says that a isthi (Owner) (Authorized Agent for Owner) of the real ;,roperty-described in answer to question 1 above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) thpa has atithority to execute this petition on behalf of the owner. ? } (SEAL) SWORN TO AND SUBSCRIBED L before me this j/.jr day of 19,`: MY COMMIffSSION EXPIRES: Nottry- Public, Cat of Flo*rTda at Large ILI 11.200 LAW OFFS PADIERN �, FERNANDEZ-FRAGA & PADRON, PA. W 91 CORAL WAY SUITE 1005 MIAMI, FLORIDA 33145 FWAEL E. PADERNE .ADELAMA FERNANQEZ-FR44A CARLOS E. PADPON December 21, 1994 City of Miami Planning, Building &,Zoning Dept. P.O. Sox 330708 ; Miami, F7j 33233-0708, Attention: Teresita-Fernandez Re*: Ronald Pellitero zoning Our File No. 99}315 Dear Ms. Fernandez: 1tLEPHONE 130S) 4614440 FAMWLE (309) 461 4545 Please be advi'eed that the property is currently zoned medium density residential� although the maps show this designation is the result of an arbitrary drawing of zoning lines where, instead of the commercial z ning line being drawn straight to the, south, the line "zig zags" around this property. The property is i ordered by commercially zoned & utilized property to the northeast, north, northwest, west and southwest. The proposed zonin) change on this property would result in a more uniform zoning line. The proposed chang would not add moasurabl.y to the traffic on H.W. filth Street, nd would permit a substantial investment in improving the property, which would raise the city's general tax revenues. If you have any que0tions, please do not hesitate to call. sincerely, PADIERNE, FEANANDEZ;-FRAGA & PADAON, P.A. By : Adelaidge1`4rna ' ez-Fraga ` AFF/ i • 11290 •AFFIDAVIT STATE OF FLORIOA'} } SS J COUNTY OF OAOE } Before me, the undersigned authority, this day personally appeared Rmald al,litero who being by me first duly sworn, upon oath, deposes President & Pell/Cruz Investments, Inc., and says; 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by 1 Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as desctibed and listed on the pages attached to.this affidavit and made a part therec.f.'?. 2. That alI.owners.which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion 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, phone numbers and legal descriptions for the the real property of which he 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. -- " rCl�f e ..�L L �1I1 (SEAL) (Name Sworn to and Subscribed before me this, day of,�, 19. N ary Public,.ttatv of 1 ida at Large My Coamission Expires: - Notary Pub!:e, r.ste of Floddm �w,s, tags 11290 OWNER'S LIST Owner's Name Pell./QZiz Tn.-,= +-e In^- Mailing Address 60_61 r_,l l ins ,-r42*1r_. W M4 goaeh. , Telephone Number _ Legal Description: -`c*, SEE ATTACHED Owner's Nave 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 375 feet of the subject site is listed as follows: Street Address Legal Description N/A Street Address Street Address Legal Description Legal Description LEGAL DESCRIPTIONS Tract A of " HANDELSMAN SUBDIVISION" according to the plat thereof as recorded in plat Book 56 at Page 60 of the Public Records of Dade County, Florida, and, Commence at the SW corner of the NW 1/4 of the SE 1/4 of section 32, Township 53 South, Range 41 East, Dade County, thence due North along the West line of the NW 1/4 of the SE 1/4 of said section 32 for a distance of 25 ft.; thence North 88 degrees 51130" East, parallel with the south line of the NW 1/4 of the sE 1/4 of said section 32, for a distance of 340 ft. to a point; thence due North parallel with the West line of the NW 1/4 of the sE 1/4 of said section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue due North for a distance of 69.46 ft . to a point; thence North 88 degrees 511300 East, parallel with the south line of the NW 1/4 of the BE 1/4 of said Section 32 for a distance of 60 ft. to a point; thence due south, parallel with the West line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 70.58 ft. to a point; thence south 89 degrees 53'30" West for a distance of 59.99 ft. to the point of Beginning, lying and being in Dade County, Fla j and, Commence at the southwest corner of the Northwest 1/4 of the Southeast 1/4 of the section 32, Township 53 south, Range 41 East, thence due North along the West line of the Northwest 1/4 of the southeast 1/4 of said section 32, for 25 feet; thence North 88 degrees, 511300 East, parallel with the south line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the West line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 80.54 feet; thence North 89 degrees, 53'30" East for 59.39 feet; thence due south parallel to and 400.00 feet East of the West line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 79.42 feet; thence South 88 degrees, 511308 West parallel with the south line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 59.40 feet to the Point of Beginning, lying and being in Dade County, Florida. EXHIBIT "A". a3 11290 DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: Tract A of HA'NDELSMAN SUBDIVISION, as recorded in Plat Book 56 at Page Dade County, Florida AND SEE ATTACHED according to the Plat thereof, 60 of the Public Records of 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 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Pell/Cruz Investments, Inc. , a Florida corporation— 100% ownership Ronald Pellitero — 50% shareholder Maria Pellitero — 50% shareholder 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. N/A NER OR ATTORNEY FOR OWNER STATE OF FLORIDA } SS: MARIA PELLITERO COUNTY OF DADE } Ronald Pellitero and the shareholders of Pell/Cruz Investments, Maria ppi 1 i tern ac all of being duly sworn, 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 same 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. A (SEAL) Ad 'TC16 . dr L ` SWORN TO AND SUBSCRIBED before me this day. of ��'.• 19. MY COMMISSION EXPIRES:. V Notary Public, State of Florida at Large Air 0616 BARMM 3c � �N„r AW * Expire. Apt. 2o,19" %p � Bonded by " ►•4=-10a Inc t1290 LEGAL DRBCt. 'ITION t Tract A of " HANDELSMAN SUBDIVISION" according to the plat thereof as recorded in plat Book 56 at Page 60 of the Public Records of Dade County, Florida, and, Commence at the SW corner of the NW 1/4 of the sE 1/4 of section 32, Township 53 South, Range 41 East, Dade County, thence due North along the West line of the NW 1/4 of'the BE 1/4 of said section 32 for a distance of 25 ft.; thence North 68 degrees 511300 East, parallel with the South line of the NW 1/4 of the BE 1/4 of said section 32, for a distance of 340 ft. to a point; thence due North parallel with the west line of the NW 1/4 of the BE 1/4 of said Section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue due North for a distance of 69.46 ft . to a point; thence North 88 degrees 511300 East, parallel with the South line of the NW 1/4 of the BE 1/4 of said section 32 for a distance of 60 ft. to a point; thence due South, parallel with the West line of the NW 1/4 of the BE 1/4 of said section 32, for a distance of 70.50 ft. to a point; thence South 69 degrees 53'30" West for a distance-caf 59.99 ft. to the point of Beginning, lying and being in Dads County, Fla and, Commence at the southwest corner of the Northwest 1/4 of the southeast 1/4 of the section 32, Township 53 South, Range 41 East, thence due North along the West line of the Northwest 1/4 of the Southeast 1/4 of said Section 32, for 25 foot; thence North 88 degrees, 51'30" East, parallel with the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the West line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 80.54 feet; thence North 89 degrees, 531300 East for 59.39 feet; thence due South parallel to and 400.00 feet East of the West line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 79.42 feet; thence South 88 degrees, 511300 West parallel with the South line of the Northwest 1/4 of the southeast 1/4 of said Section 32 for 59.40 feet to the Point of Beginning, lying and being in Dade county, Florida. EXHIBIT "A". a 5"'0 11290 } LEOAL DESCRIPTIONS Tract A of " HANDELSMAN SUBDIVISION" according to the plat thereof as recorded in Plat Book 56 at Page 60 of the Public Records of Dade county, Florida, and, Commence at the SW corner of the Nw 1/4 of the SE 1/4 of Section 32, Township 53 South, Range 41 East, Dade County, thence due North along the West line of the NW 1/4 of'tho SE 1/4 of said section 32 for a distance of 25 ft.; thence North 86 degrees 511300 East, parallel with the South line of the NW 1/4 of the SE 1/4 of said Section 32, for a distance of 340 ft. to a point; thence due North parallel with the West line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue duo North for a distance of 69.46 ft . to a point; thence North 88 degrees 511309 East, parallel with the South line of the NW 1/4 of the sE 1/4 of said section 32 for a distance of 60 ft. to a point; thence due south, parallel with the west line of the NW 1/4 of the SE 1/4 of said Section 32, for a distance of 70.58 ft. to a point; thence South S 89 degrees 531300 West for a distance of 59.99 ft. to the point of Beginning, lying and being in Dade County, Fla 1 and, commence at the southwest corner of the Northwest 1/4 of the Southeast 1/4 of the section 32, Township 53 South, Range 41 East, thence due North along the Nest line of the Northwest 1/4 of the southeast 1/4 of said section 32, for 25 feet; thence North 88 dogroos, 51'30" East, parallel with the South line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the west line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 80.54 feet; thence North 89 degrees, 53'30" East for 59.39 feet; thence due south parallel to and 400.00 feet East. of the West line of the Northwest 1/4 of the southeast 1/4 of said Section 32 for 79.42 feet; thence south 88 degrees, 511300 Wont parallel with the south line of the Northwest 1/4 of the southeast 1/4 of said Section 32 for 59.40 feet to the Point of Beginning, lying and being in Dade County, Florida. EXHIBIT "A". 11.29� ZONING FACT SHEET LOCATION/LEGAL 4101 N.W. 11th Street and 1135-1145 N.W. 41st Avenue. (Complete legal description in the Hearing Boards Division's file). APPLICANT/OWNER Ronald Pellitero for Adelaida Fernandez-Fraga, Esq. Pell/Cruz Investments, Inc. 6061 Collins Avenue, #23C 3191 Coral Way, Suite 1005 Miami Beach, FL 33140 Miami, FL 33145 461-4440 ZONING R-3 Multifamily -Medium Density Residential. REQUEST Change of Zoning as listed in the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, ScheTule of District Regulations, from R-3 Multifamily Medium -Density Residential to C-2 Liberal Commercial. ._ RECOMMENDATIONS: PLANNING, BLDG & ZONING Approval with condition. PUBLIC WORKS No comments. PLAT AND STREET - N/A. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A. Last Hearing Date: N/A. Found L N/A. Violation(s) Cited: N/A. Ticketing Action: N/A. Affidavit of Non -Compliance issued on: N/A. Daily Fine: $0.00 Lien Recorded On: N/A. Total Fines To Date: N/A. CEB Action: N/A. HISTORY Recommended for denial on 10/19/94 by Res. PAB 60-94 with a vote of 8-0. The Zoning -Board on 11/21/94 recommended approval by Res. ZB 128-94 with a vote of 8-0. Item is being returned to Zoning Board for inadvertent omission of a secondary street address which is part of request. ANALYSIS The petition for this change of zoning is in order to move the zoning designation boundary line of the adjacent property east and extend the C-2 Liberal Commercial designation to include the subject property. The Planning, Building and Zoning Department contends that the increased densities created by this change will not have additional impact on the existing conditions in the area and is recommending approval of the application with the condition that a one -foot 41 (1'-0") strip around the portions of the property which abut a less intense district remain R-3; this is in order to prevent the requested change from beginning a domino effect of changes within the area. ZONING BOARD Recommended for approval to City Commission. (Res. No. 017-95) APPELLANT N/A. CITY COMMISSION Passed on First Reading. - APPLICATION NUMBER 94- 312 Page 1 February 6, 1995 11 2' 0 Yes No N/A ' X R X X X X X X X X ANALYSIS OF PROPOSED ZONING CHANGE APPLICATION NUMBER 94- 312 X The proposed change is in harmony with the adopted Miami Compre- hensive Neighborhood Plan, 1989-2000, and does not require a plan amendment. j X The proposed change is in harmony with the established land use pattern. The proposed change is related to adjacent and nearby districts. The change suggested is within scale with the needs of the neigh- borhood or the City. The proposed change maintains the same or similar population density pattern and thereby the load on public facilities such as schools, utilities, streets, etc. is the same. X Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. X There are changes or changing conditions that make the passage of the proposed change necessary. X The proposed change positively influences living conditions in the neighborhood. The proposed change has the same or similar impact on traffic and does not affect public safety as the existing classification. The proposed change has the same or similar impact on drainage as the existing classification. The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. X The proposed change has the same or similar impact on property values in the adjacent areas as the existing classification. The proposed change will contribute to the improvement or deve- lopment of adjacent property in accord with existing regulations. The proposed change conveys the same treatment to the individual owner as to the owner within the same classification and the immediate area; and furthers the protection of the public welfare. There are substantial reasons why the use of the property is unfairly limited under existing zoning. It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. 3 11290 VO TRACT C-I ' - mumr�rr I�i9.�R9 i .. ' ul1111110,� i • NA IZ N ! 1 l0 N N ' ��[oClMlufTi• to M N 1• 1•••1•••M IN•K 1 !• • • 1• 11 1 w oA uA Iti � � ! � �d n�• I o' / a t 0 � O 10 I• 1• I7 I• is N la Is Z !• ST 7 • • t0 , so Ie Q i/ r • a tO rl • • ) •. . 10 ! tai K Y • ) ti. •° N ! n a i s : N a • • f f 1 • i' ,a .i 1, t3. A. T•ACT•1" •1•.>r . 1• ! . two! 1• I 1• a 2 if 10 T n • 1/ •! a e 1♦• a sy WILDER SUB. . w a » I r M r w. T TRACT A' p u • a . • , » • Ia • 'C A.A MANOR sT cc ' Q • • n • •1 • - ` a • rt M • •• ► • o• .aI i • p Ii If 14 N to /1 :► s N t0 S � t1 !0 1f ! 1 O t0 y t 1 0 1a e I 10 COHEN 1• 3 i Is ) i 1• 03 SUB• tll� W 1 • • . IF ♦ ♦ 17 • TrtACl A' T A' _ IT to • � f M a • off lA 1•Di $US W r 17 4 y . , Isis tS • T •: r TA 7►• TtiT, LE JEUNE CENTER SIA Ad t•s-s1 e.FLAI � , • • 1• • tt[RVICb fUA D a Tf. Z12 rA 1 • 7f • 10 it 11 tl 10 • ` 17 1/ 10 • y� • r1 r•' n pollcu 199211MU 0 ov�l� .�F m . reWalla MmEm `ems Ea@-_ ioa �g W 1 a 7• a• T• • �e 1 .42 !I' so 1• If IT if Is 14 1. Is is on IMMUNE NOlurladmmmmom iiIll C!NUNN MrAl 'Amy© �Qn'�0 w r /S7 1'rT'TTT1 :�sl-� .. • . • 7 o f I a a a7 a • 7 • s Io 11 d 11290 t Mr. Lorenzo Luaces and moved its adoption. offered the following Resolution RESOLUTION ZB 017-95 AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ATLAS OF THE ZONING ORDINANCE NO. 11000, PAGE 27, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 4101 N.W. 11TH STREET AND 1135-45 N.W. 41st AVENUE MORE PARTICULARLY DESCRIBED AS EXHIBIT "A" HEREOF ATTACHED; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. THIS CHANGE OF ZONING WAS APPROVED SUBJECT TO EXCLUDING FROM THIS APPLICATION A ONE FOOT (1') STRIP AT THE EASTERLY PROPERTY LINE AS A CONDITION OF THE PLANNING DIVISION OF THE PLANNING, BUILDING AND ZONING DEPARTMENT. Upon being seconded by Mr. Osvaldo Moran-Ribeaux the motion was passed -and adopted by the following vote: AYES: Mses. Basila, Acosta & Morales. Messers. Luaces, Moran-Ribeaux, Barket, Carman, Crespo & Milian. NAYES: None. ABSENT: Mr. George Sands. Ms. Fernandez: Motion carries 9-0. February 6, 1995 Item# 3 Zoning Board I 11290 i 9eC�oN 2210. gib MI) MWUMM OF MM MW MmW m =r Oa!omxIL *an pertaining to the rezoning of land under application made under section 2202.1(e), the report aid taoommeadations of the Toning Board shall show that the Toning Boatel has studiad and considered, wfiere applicable, whether or not: (a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan ammdoent; (b) 7he proposed. dnnge is in harmony with the established land use pattern; (c) The proposed change is related to adjacent and nearby districts; (d) ' The change anggeeted is not out of scale with the needs of the neighborhood or the city; (e) The prapoeed drags m i„taina the am or similar population lenity Pattern and thereby does not increase or overtac the load on public facilireao such as schools, utilities, streets, etc.; (f) Wsting district boundaries are illogically drawn in relation to ad.eting �. Condit' Ctla on the property Pied for dwp; (g).% Qna4ed or changing conditions make the passage of the proposed dmgr- necessary; 4`(h% The ProPismA change positively' inf]uumCes living conditions in the neighboihood; (i) The proposed image has the save or similar impact on traffic and does not affect pubic safety to a greater extent than the existing classifi—don; (j) lure proposed drags has the same or similar impact an drainage as the endatizg classification; (k) 2ne proposed dnaop has the same or sisdlar Impact an light and air to adjacent armea as the eodsting classification; (1) Ire proposed dmcge has the sae or similar impact on property vecluee in the adjacent am as the endstieg ciasaiflcation; (m) Mne Proposed change will contribute to the impraeooent or development of adj&mit ptvParty in accord with eaiatirg regulations; (n) 7he Proposed change Conveys the am treatnneot to the individual owner as to owners within the same classification and the iame+i,te area eod furthers the protection of the public welfare; (o) mere are substantial reasons why the use of the property is unfairly limited under todatitg zonin6; , (P) It is difficult to find other adequate sites in the anToundinng area for the Proposed use in districts already permitting such use. (MM70N) After considering the factors egg forth in Section 2210 of Ordinance 11000, I move that —raquest (agenda item ) be reoommnnded to the City O.adsajm for . ( (derulal). —� ore r Item Ante i Mr. Lorenzo Luaces and moved its adoption. M , offered the following Resolution IRESOLUTION ZB 128-94 AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ATLAS OF THE ZONING ORDINANCE NO. 11000, PAGE 27, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT 4101 N.W. 11TH STREET MORE PARTICULARLY DESCRIBED AS EXHIBIT "A" HEREOF ATTACHED; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. THIS CHANGE OF ZONING WAS APPROVED SUBJECT TO THE CONDITIONS OF THE PLANNING DIVISION OF THE PLANNING, BUILDING AND ZONING DEPARTMENT. Upon being seconded by Mr. Osvaldo Moran-Ribeaux the motion was passed and adopted by the following vote: AYES: Mses. Basila and Morales. Messers. Luaces, Moran-Ribeaux, Barket, Carman, Crespo and Sands. NAYES: Nine. ABSENT: Mrs. Hernandez and Mr. Milian. Ms. Fernandez: Motion carries 8-0. November 21, 1994 Item# 8 Zoning Board 11290 /3 CIRB APFKFS 8 024ME Lt S M=13R ZUO. MOM AND MWMMUS OF 3MM MUD WWW M my O02li=x When pertaining to the rezoning of lend under application made under section 2202.1(e), the report and reaommerndations of the Zoning Hoard shall show that the Zoning Board has studied ad considered, where applicable, whether or not: (a) The proposed charge conforms with the adopted Maml Comprehensive Neighborhood Plan and does not require a plan am+sdcent; (b) The proposed dnange is in hm=ny with the established land use pattern; (c) The proposed du ge is related to adjacent and nearby districts; (d) The dum9e suggested is not out of scale with the needs of the neighborhood or the city; _ (e) The proposed change maintains the same or similar population density pattern and thereby dons not increase or overtax. the load an public facilities such as schools, utilities, streets, etc.; (f) 8dating district boundaries are illogically drawn in relation to existing conditions on the property proposed for donnas; (g) Changed or changing conditions make the passage of the Proper d=W wry; (h) The proposed dome positively influences living conditions in the neighborhood; (i) The proposed change has the same or similar impact an traffic and does not affect public safety to a greater enttsnt than the existing classification; (j) The proposed change has the same or similar mart on drainage as the existing classification; W The proposed donnas has' the sacs or similar impact on light and air to adjacent areas as the existing classification; (1) The proposed d ange has the same or sindlar impact on property values in the adjacent area as the existing classification; (m) The proposed donnas will contribute to the Improvement or deve1wmm t of adjacent Property in acoord with existing *+pity *m; (n) The proposed d=W eoams the same fitment to the individual owner as to whets within the same classification and the Immedia area. and furthers the protection of the public welfare; (o) 7here are substantial reasons why the use of the property is unfairly limited under existing zoning; (p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. (MlUN) After considering the factors set forth in Section 2210 of Ordinnanoe 11000, I moue that r the request (agenda item ) be reco®ended to Ci ion for (approyal)(danial). nee Item �� go I AMENDMENT TO APPLICATION Pursuant to the representations made before the Zoning Board at the public hearing scheduled on February 6, 1995 and in accordance with the terms of the recommended approval of the Zoning Board at that hearing, the application is hereby amended to exclude from the property being re -zoned in this application the East one (1) foot of the parcel as a whole. Dated: February 10, 1995_- 11290 APPLICATION FOR AMENDMENT TO 20N I NG ATLAS File Number 92- 1, Ronald PellitPro.' . as Presjgtent of Pell �7- Trninetrpnt,S Inc, , hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: 1. Address of property: 4101 N W 11th Streat and 1135 an 1149 N W 41 zt- Avenue 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. 3. Affidavit disclosing ownership of property covered by application and disclosure of interest. (See attached form.) 4. Certified list of owner of real estate within a 315-foot radius of the outside boundaries of property covered by -this application. (See attached form.) 5. At least two photographs that show the entire property (land and improvements.) 6. Atlas sheet(s) on which property appears: 1. Present zoning designation(s): R-3 B. Proposed zoning designation(s): C-2 9. Statement explaining why present zoning designation is inappropriate. (See attached form.) 10. Statement as to why proposed zoning designation is appropriate. (See attached form.) 11. Other (Specify) 12. Filing fee of $ according to following schedule: Change of zoning,classification to: CS, PR, R-1, R-2, per square -foot of net lot area ............. $ 0.12 Minimum....................................................... $550.00 R-3, R-4, 0, 6/I, per square foot of net lot area ............. $ 0.16 Minimum ...................................................... $650.00 C-1,/C-2,, I, per square foot of net lot area .................. $ 0.20 Minimum'....................................................... $750.00 CBO and all SO's, per square foot of net lot area ............. $ 0.22 Minimum ..................... ........... I ......... ...... ....... SB .00 Signature: Name: n1 d PP11 f terms aS PrasldgMt of Pnl l lCLn,� Investments, Inc. Address: 6061 Collins Avenue. #23C niami Beach, FL 3314C Phone: STATE OF FLORIDA } SS: COUNTY OF DADE } 868-3733 President of Pell/Cruz s Investment Ronald Pelliterc as being duly sworn, deposes and says that Ile'isie (Owner)(Authorized Agent for Owner) of the real property -described in answer to question 1 above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) thqx has authority to execute this petition on behalf of the owner. ..�: _C'�ll l0� .i.! e l(' + (SEAL) SWORN TO AND SUBSCRIBED before me this j/�'-day of 19 : MY COMMISSION EXPIRES: Public, Yat of FloTfaa at Large 11290 LAW OFFICES FERNANDEZ-FRAGA & PAORON, P.A. 3191 CORAL WAY SUITE 1005 i MAW, FLORIDA GGU5 RARAEL E. PAOICANE AwLAIOA FERNANOExtFRAGA CARLOS E. PAORON December 21, 1994 City of Miami Planning, Building &!Zoning Dept. P.O. Box 330708 ; Miami, FIu 33233-0708, Attention: Teresita'rernatdez Re's Ronald pelliteroi zoning Our File No. 94-;315 Dear Ms. Fernandez: TEIPPHONE (305) 451.4440 FACSIMILE (309) 461 4945 Please be advised that the property is currently zoned medium _density residential although the maps show this designation is the result of an arbitrary drawing of zoning lines where, instead of the commercial z ning line being drawn straight to the, south, the line "zig zags" around this property. The property is *ordered by commercially zoned & utilized property to the northeast, north, northwest, went and southwest. The proposed zonin} change on this property would result in a more uniform zoning line. The proposed Chang would not add measurably to the traffic on N.W. llth .Street, nd would permit a substantial investment in improving the property, which would raise the city's general tax revenueso if you have any que6tions, please do not hesitate to call. sincerely, PADIERNE, FERNANDEZ;-FRAGA & PADRON, P.A. -------------- a 9a 11290 •AFFIDAVIT STATE OF FLORIDA•} } SS J COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Komar) P llitero jq�q, who being by me first duly sworn, upon oath, deposes President of. Pell/Cruz Investments, Inc., and says: 1. That he is the owner, or the legal representative of the owner, submitting- the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. -That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion of a classification or regulation of toning 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, phone numbers and legal descriptions for the the real property of which he 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. CZCYp• �� �1�!!t• (SEAL) (NMQ Sworn to and Subscribed before me this day of �,r-•� Ntrtary Public, Statq of 1 ida at Large My Commission Expires: Plot,2r}, Rub!;o, '.:sta of Florida cy IUi,Gom--.!.n•ionLx;.4rea,%Vjyo.IM 11290 ((�� J U OWNER'S LIST \ Owner's Name Pell / Mailing Address 6061n11;nc a.��Tr M4 m, Telephone Number Legal Description: i'n� SEE ATTACHED *k 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 375 feet of the subject site is listed as follows: Street Address Legal Description N/A Street Address Legal Description Street Address Legal Description i1-90 LEGAL DESCRIPTION: Tract A of " HANDELSMAN SUBDIVISION" according to the plat thereof as recorded in Plat Book 56 at' Page 60 of the Public Records of Dade County, Florida, and, Commence at the sw corner of the NW 1/4 of the sE 1/4 of Section 32, Township 53 South, Range 41 East, Dade County, thence due North along the West line of the NW 1/4 of the SE 1/4 of said Section 32 for a distance of 25 ft.; thence North 88 degrees 51'30" East, parallel with the South line of the NW 1/4 of the SE 1/4 of said Section 32, for a distance of 340 ft. to a point; thence due North parallel with the West line of the NW 1/4 of the SE 1/4 of said Section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue due North for a distance of 69.46 ft . to a point; thence North 88 degrees 51'30" East, parallel with the South line of the NW 1/4 of the SE 1/4 of said Section 32 for a distance of 60 ft. to a point; thence due South, parallel with the West line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 70.58 ft. to a point; thence South 89 degrees 53'30" West for a distance of 59.99 f� (t®�hs.poi�tj cf ginning, lying and being in Dade County, rl �—.do fOCTTH O and, Commence at the southwest corner of the Northwest 1/4 of the Southeast 1/4 of the section 32, Township 53 South, Range 41 East, thence due North along the West line of the Northwest 1/4 of the southeast 1/4 of said section 32, for 25 feet; thence North 88 degrees, 51'30" East, parallel with the South line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the West line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 00.54 feet; thence North 89 degrees, 53'30" East for 59.39 feet; thence due South parallel to and 400.00 feet East of the West line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 79.42 feet; thence south 88 degrees, 51130" West parallel with the South line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 59.40 feet to the Point pof Beginning, lying and being in Dade county, Florida,r'Q��t�.� OOM -W QA = r-. EXHIBIT "A". 11290 DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: Tract A of HA'NDELSMAN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 56 at Page 60 of the Public Records of Dade County, Florida AND SEE ATTACHED 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 f2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Pell/Cruz Investments, Inc., a Florida corporation— 100% Ownership Ronald Pellitero — 50% shareholder Maria Pellitero — 50% shareholder 3. Legal description and street address of any real property (a) owned by any party listed in answer to question !2, and (b) located within 375 feet of the subject real property. N/A k4lLNER OR ATTORNEY FOR OWNER STATE OF FLORIDA } SS: MARIA PELL TERO COUNTY OF DADE } Ronald Pellitero and the shareholders of Pell/Cruz Investments, Vari a pei j i-erQ as all of being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question fl, above; that he has read the foregoing answers and that the same 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. A (SEAL) Ad a7c4 de L �l�•y R, ^ 711,17 SWORN TO AND SUBSCRIBED rI before as this ( / day of ��k:.,��; lg:it• 1,,111(((.CCC�. t,!_ LCJ_ Notary Public, State of Florida at Large +% �4• BARBARA GARCIA My Convrwpion CC366M MY COMMISSION EXPIRES:. * * UonExPeeAw.zO,1°8° tt�r�a.d by wu Inc 11290 LEGAL DESCRIPTION1 _ Tract A of " BANDELSMAN SUBDIVISION" according to the plat thereof as recorded in Plat Book 56 at Page 60 of the Public Records of Dade County, Florida, and, Commence at the SW corner of the NW 1/4 of the SE 1/4 of section 32, Township 53 south, Range 41 East, Dade County, thence due North along the West line of the N.W 1/4 of the SE 1/4 of said section 32 for a distance of 25 ft.; thence North 88 degrees 51130N East, parallel with the south line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 340 ft. to a point; thence due North parallel with the West 'line of the NW 1/4 of the SE 1/4 of said section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue due North for a distance of 69.46 ft . to a point; thence North 88 degrees 511300 East, parallel with the south line of the NW 1/4 of the SE 1/4 of said Section 32 for a distance of 60 ft. to a point; thence due South, parallel with the West line of the NW '1/4 of the SE 1/4 of said section 32, for a distance of 70.58 ft. to a point; thence South 89 degrees 53'30" West for a distance of 59.99 ft, to the point of�nn� gilying and being in Dade County, Fla and, T��G/ Commence at the southwest corner of the Northwest 1/4 of the southeast 1/4 of the section 32, Township 53 South, Range 41 East, thence due North along the West line of the Northwest 1/4 of the Southeast 1/4 of said Section 32, for 25 feet; thence North 88 degrees, 51'30" East, parallel with the South line of the Northwest 1/4 of the southeast 1/4 of said Section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the West line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 80.54 feet; thence North 89 degrees, 53130' East for 59.39 feet; thence due South parallel to and 400.00 feet East of the West line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 79.42 feet; thence South 68 degrees, 51130N west parallel with the south line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 59.40 feet to the Point of Beginning, lying and being in Dade County, Florida) T QA)e P06T TWEPIeDr. EXHIBIT "A". FIAIAr TRANSPORT ANALYSIS PROFESSIONALS, INC. 9300 SOUTH DADELAND BOULEVARD 0 SUITE 501 • MIAMI. FL 33156-2704 • TEL 305/670-0007 • FAX: 305/670-9997 FAX & HAND DELIVERY May 8, 1995 Mr. Clark Turner Transportation Planner Planning Building & Zoning Department City of Miami 275 Northwest 2nd Street 3rd Floor Miami, Florida 33128 RE: Traffic Study for a 137 Room Hotel at 4101 NW 11th Street Dear Mr. Turner: We have been asked to assess the traffic impacts associated with a 137 room hotel located at 4101 NW 11th Street in the City of Miami. The new project is replacing an existing development comprising the following land uses: Single Family Home - 1 unit 2 Duplexes - 4 units Apartments - 6 units As of right, the existing property and current zoning will support 46 apartments. Two intersections were studied to assess existing and proposed traffic and are as follows: NW 42nd Avenue and 11th Street NW 41st Avenue and 11th Street The intersection of NW 42nd Avenue and llth Street is signalized and at NW 41st Avenue . and 11th Street there are stop signs for north and southbound traffic. PM peak turning movement counts were taken during the week of March 2nd, 1995 at the two study locations. The count data is attached to this letter report. The Institute of Transportation Engineer's (ITE) fifth edition trip generation rates were used to generate traffic for the proposed development. The ITE computer output is attached. The ITE rates and PM peak hour traffic generation volume are as follows: ZI 11290 Mr. irk Turner May 8, 1995 Page 2 ITE PM Peak Hour Traffic Land Use Rate' In Out Total Apartments - 46 units 0.67 20 11 31 Hotel - 137 Rooms 0.62 51 34 85 Net Total N/A 31 23 54 Rate is based ou per occupied unit Although the hotel will generate 85 two-way trips during the PM peak hour, only 54 trips or the net increment of trips that could be generated between the 46 apartments and the 137 room hotel will be used to assess traffic impacts at the two intersections under study. A level of service (LOS) analysis depicting current and proposed conditions was conducted at the two study locations. Proposed hotel site traffic was distributed using M.U.A.T.S. traffic zone No. 520 cardinal distribution and was assigned through the study intersections. - The results of the LOS analysis revealed that NW 42nd Avenue and 11th Street intersection _ operates at LOS "F" with and without the proposed development. However, with a minor traffic signal timing modification, the intersection will operate at LOS "C" including the proposed site traffic. NW 41st Avenue and 11th Street (unsignalized) will operate at LOS "A" both before and after development traffic is assigned through -the intersection.. Computer outputs that support the 1985 Highway Capacity manual are attached. If you have any questions regarding this matter, please don't hesitate to call me at your convenience. Sincerely, TRANSPORT ANALYSIS PROFESSIONALS, INC. r i� Richard P. Eichinger Senior Associate RPE/jb/ssiz Enclosures cc: Ronald Pellitero W I1290 TRANSFCR; 6NA"; S:, fEt ...:C6F,,, :N: i.EfErE6CE.; :5ii FAEE: 1 a-S Street: N.h. 41st AVENUE FILE: 11ST41AV E-W Street: N.W. 11th STREET :aerator : SBR Aovements by: All Veh DATE: S/e2/95 ---------------------------------------------------------------------------------------------------------------------------- - - - - - - PEAK PERIOD ANALYSIS FOR THE PERIOD: 4 : I I PA - E : e t PA DIRECTION START PEAK MR ..I..... VOLUAES ........ .... PERCENTS ... PEAK HOUR FACTOR Right Thru left Total Right T n r u left ----------------------------------------------------------------------------------------------- S'bnd 5:60 PA 1.66 e e 8 8 e e e W'bnd 5:8e PN I.86 e 3E8 28 396 e 93 7 N'bnd 4;11 PM 1.69 14 1 7 21 64 E 32 E'br.6 • S:ee PK e.92 17 264 a 281 6 94 t Entire Intersection S'bnd S:ee PA I.te 8 e e e t e e W'bnd 1.86 a 368 2e 396 _ e 93 7 N'bnd e.71 13 e 7 2e E5 e 3E E'bnd I.92 17 264 8 281 6 94 e F0 396 363 L2d I. L L i 267 PACE: 41Et A',,ENUE FILE: L1ST':A1' :-„ Streit: N.W. filth S,REET YErator S8R kovements by: All Veh GATE: 5/e2/95 ---------------------------------------------------------------------------------------------------------------------------------- 'ire S'bnd W'bnd H'bnd E'bnd Vehicle n ----------------------------------------------- FT THP,U IT RT ------------------------------------------- THRU IT FT TERU LT ---------------------------------------- F7 TFP,U 1T TOtal 4;ee PY. e e e 0 95 3 e 58 0 1E1 4:15 B 0 0 0 61 3 1 0 1 1 31 1 99 4:3e e 0 e 0 78 5 3 e 3 1 69 e 159 4:45 0 0 8 6 75 5 6 0 2 0 5S 0 143 Er TuTAI 0 e 0 e 3e9 16 14 i 7 2 213 i 56-s E:88 PM e e 0 8 83 4 1 e 0 3 T3 e 164 15 e 0 0 e I e 6 9 4 e 2 7 61 e 195 30 0 0 0 0 89 8 6 0 1 3 66 a 173 0 0 0 9e 7 2 e 4 4 SF e 1610 TOTAL 0 0 0 0 368 28 13 e 7 17 264 8 691 ---------------------------------------------------------------------------------------------------------------------------------- i f TOTAL 0 I 0 8 0 671 44 27 1 14 19 A 7 7 1 1266 PEAK. PERIOD ANALYSIS FOR THE PER100; 4:00 PM - E:ee PK OIF,ECTION START PEAK FIR ........ VCLUMES ........ FEFCENTS .. ----------------------------------------------------------------------------------------------- PEAK NCUR FACTOR Riq t Thr LEft Tctal Fight Thru Lfft i j S'br,E 12:00 AM 0.08 B 0 0 0 0 8 0 R'bnd 5:0e PA e.86 a 368 28 396 0 93 7 N'bnd 4:ee PM e . E 9 14 1 7 22 E4 5 3^ E'bnd 5:e0 PM e.92 17 264 a 281 6 94 0 Entire Intersection S'bnd 5:00 PM e . I 1 0 8 8 0 0 e 0 b''tr.G e.86 a 368 18 396 e 93 7 N'bnd 0.71 13 0 7 20 65 a 35 E'bnd 1.92 17 2E4 a 281 6 94 e 11290 L -S Street: LEJECNE FCAO (NW 42nd AV) -� FILE: 42NW11ST E-W Street: NW 11th STREET ;perator : DAEtPCC Movements by: All Veh DATE: $113195 ---------------------------------------------------------------------------------------------------------------------------------- PERK PERIOD ANALYSIS FOR THE PERIOD: 4:t1 PN - 6 : I I PM CIRECTION START PEAK HR ........... VOLUMES ........... PERCENTS ....... PERK HOUR FACTOR R-O-R Right Thru left Total R-O-R Fight Thru Left -------------------------- S'bnd 4:36 PM -------------------- 1.99 21 ------------------------------------------------- 244 3117 75 3326 - 7 91 2 W'bnd S:ee PM 1.89 5 55 216 89 361 - 15 6e 25 N'brd 5:06 PA 1.97 2 29 2241 35 13t4 - 1 97 2 E'brL S:1t PM t.SI a 28 2t1 Zee 429 - 7 47 47 Entire Intersection S'bnd 5:10 PM 0.98 18 222 2981 81 3284 - 7 91 1 W'bnd 1.89 S 55 216 89 360 - 15 61 2$ N'bnd 8..97 2 2S 2241 3$ 2314 - 1 97 2 E'bnd 1.91 1 18 211 206 429 - 7 47 47 LEJELJNE ROAD (NW 42nd AV) 2110 201 429 1 55 216 89 [R—O—R] 11290 �E`FrEGtE.: -S Street: �� LEu'EUNE RCAD (NW 42nd AV) r � _ , FiIE: 42N�11Si :-W Street: NW 11th STREET :perator : DABIPCC Novements by: All Veh DATE: S/13/95 - ----------------------------------------------------------------------------------------------- .ime ... S'bnd .... .......... W bnd .... .......... N'bnd .... .......... E'bnd .... Vehicle R-O-R EeSin F-O-R R1 1HEU IT R-O-R RT THRU 1T R-O-R RT THFU IT R-O-R RT THRU IT Total -ctal ---------------------------------------------------------------------------------------------------------------------------------- 4:1e FA 6 47 $84 29 a 1S 32 15 1 6 474 7 6 5 37 46 1297 6 4:15 8 48 724 21 1 21 43 11 0 6 442 6 0 4 38 S2 1414 8 4:31 7 74 740 18 a 16 53 18 1 7 4 S 2 9 1 4 34 $1 1S16 S 4:45 8 S8 749 17 2 10 S1 18 1 4 499 e 1 7 41 55 ISe9 11 TOTAL 29 227 2797 85 1 61 179 61 1 23 1511 22 2 20 150 2e4 5736 34 It PR 3 46 771 23 2 11 46 14 1 8 $58 6 _ e 7 $6 $5 1S5S 6 5:1S 3 66 747 17 2 21 53 27 e 8 S77 it e --4 S3 44 1627 5 5:30 6 53 724 23 1 12 61 25 e 6 $28 8 0 11 46 46— - 1543 7 5:AS 6 57 739 18 0 11 62 23 1 7 577 11 0 6 46 55 1612 7 HR TOTAL 18 222 2981 81. 5 55 216 89 2 29 2241 35 1 28 201 208 6377 25 ---------------------------------------------------------------------------------------------------------------------------------- TC1AL 47 449 5778 166 7 116 39$ 151 3 52 4147 $7 2 48 3S1 404 12113 59 PEAK PERIOD ANALYSIS FOR. THE PERIOD: 4:1e PR - 6:11 Pk DIRECTION START PEAK HR .........I. VOLUPES ........... . PERCENTS........ FEAK HOUR FACTOR R-O-R Right Thru Left Total F.-O-R Right Thru Left ----------------------------------------------------------------------------------------------- S'bnd 4:38 PA e.99 21 244 31e7 75 3326 - 7 9e 2 _ W'bnd 5:06 PN 6.89 5 55 216 89 36e - 15 6e 25 N'bnd S:e1. PN e.97 — 2 29 2241 35 23e4 - 1 S7 2 E'bnd 5:e0 PN e.91 1 28 211 200 429 - 7 47 41 Entire Intersection S'bnd S M PN 0.98 18 222 2981 81 3284 - 7 91 2 W'bnd e.89 5 55 216 89 361 - 15 6e 25 N'bnd 6.97 2 29 2241 35 2304 - 1 97 2 E'bnd e.91 0 28 281 21e 429 - 7 47 47 11290 SUMMARY OF TRIP GENERATION CALCULATION FOR 46 DWELLING UNITS OF APARTMENT, POST 1973 AVERAGE STANDARD RATE DEVIATION DRIVE ADJUSTMENT WAY FACTOR VOLUME AVG WKDY 2-WAY VOL 6.06 0.00 1.00 279 7-9 AM PK HR ENTER 0.14 0.00 1.00 6 7-9 AM PK HR EXIT 0.43 0.00 1.00 20 7-9 AM PK HR TOTAL 0.56 0.00 1.00 26 4-6 PM PK HR ENTER 0.43 0.00 1.00 20 4-6 PM PK HR EXIT 0.24 0.00 1.00 11 4-6 PM PK HR TOTAL 0.67 0.00 1.00 31 AM GEN PK HR ENTER 0.25 0.00 1.00 11 AM GEN PK HR EXIT 0.34 0.00 1.00 16 AM GEN PK HR TOTAL 0.59 0.00 1.00 27 PM GEN PK HR ENTER 0.36 0.00 1.00 16 PM GEN PK HR EXIT 0.32 0.00 1.00 15 PM GEN PK HR TOTAL 0.67 0.00 1.00 31 SATURDAY 2-WAY VOL 2.70 0.00 1.00 124 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.65 0.00 1.00 30 SUNDAY 2-WAY VOL 4.23 0.00 1.00 195 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.77 0.00 1.00 35 Note: A zero rate indicates no rate data available The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2-Way Volume: Sat. Pk Hr. Total: Sun. 2-Way Volume: Sun. Pk Hr. Total: LN(T) = 1. 024LN (X) + 1.71. R"2 = 92 T = .491(X) + 3.391 R"2 = .92 , .24 Enter, .76 LN(T) _ .928LN(X) + -.118 R"2 = .9 , .64 Enter, .36 T = .557(X) + 1.61 R"2 = .91 , .42 Enter, .58 LN(T) _ .986LN(X) + -.344 R"2 = .93 , .53 Enter, .47 T = 7.462(X) +-219.248, R"2 = LN(T) _ .807LN(X) + .308 R"2 = 1 , 0 Enter, 0 Exit T = 5.915(X) +-77.409, R"2 = LN(T) = .67LN(X) + 1.004 R"2 = 1 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 5th Edition, 1991. TRIP GENERATION BY MICROTRANS Exit Exit Exit Exit 1 1 33 11290 SUMMARY OF TRIP GENERATION CALCULATION FOR 137 OCCUPIED UNITS OF BUSINESS HOTEL DRIVE AVERAGE STANDARD ADJUSTMENT WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 7.27 0.00 1.00 996 7-9 AM PK HR ENTER 0.34 0.00 1.00 47 7-9 AM PK HR EXIT 0.24 0.00 1.00 33 7-9 AM PK HR TOTAL 0.58 0.76 1.00 79 4-6 PM PK HR ENTER 0.37 0.00 1.00 51 4-6 PM PK HR EXIT 0.25 0.00 1.00 34 4-6 PM PK HR TOTAL 0.62 0.79 1.00 85 AM GEN PK HR ENTER 0.30 0.00 1.00 41 AM GEN PK HR EXIT 0.26 0.00 1.00 35 AM GEN PK HR TOTAL 0.56 0.75 1.00 77 PM GEN PK HR ENTER 0.35 0.00 1.00 48 PM GEN PK HR EXIT 0.22 0.00 1.00 30 PM GEN PK HR TOTAL 0.57 0.77 1.00 78 SATURDAY 2-WAY VOL 0.00 0.00 1.00 0 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.00 0.00 1.00 0 SUNDAY 2-WAY VOL 0.00 0.00 1.00 0 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.00 0.00 1.00 0 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 5th Edition, 1991. TRIP GENERATION BY MICROTRANS I 1.1290 I HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4 05-08-1995 TRANSPORT ANALYSIS PROFESSIONALS, INC. Streets: (E-W) NW 11th Street (N-S) Lejeune Road Analyst" RPE/TAP File Name: 42PMEX11.HC9 Area T e: other 5-3-95 PM PEAK Comment: Existing Conditions - - - --Eastbound - Westbound Northbound - Southbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 1 1< 1 1< 1 3< 1 3< Volumes 200 201 28 89 216 55 35 2240 29 81 2981 222 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 RTOR Vols 0 Lost Time 2.00 2.00 2.00 2.00 ------------------------ Signal 5 2 18 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 --------------------------------------- Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left * * NB Left * _ Thru * Thru Right * Right Peds Peds WB Left * SB Left Thru * Thru Right * Right Peds Peds 14B Right EB Right SB Right WB Right Green 5.OA 21.OA Green 90.OP Yellow/AR 3.0 6.0 _ Yellow/AR 5.0 Cycle Length: 130 secs Phase combination order: #1 #2 #5 ----------------------------------------------------------------------- Intersection'Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts' Cap Flow ----_-- Ratio ----- Ratio Delay ----- ----- LOS ___ Delay LOS ----- --- ----- EB L ---- 132 1770 1.667 _0.104 TR 345 1829 0.731 0.188 34.7 D WB L 70 372 1.426 0.188 TR 341 1810 0.877 0.188 41.7 E NB L 58 81 0.625 0.712 14.3 B 7.9 B TR 3960 5565 0.649 0.712 7.8 B SB L 162 227 0.514 0.712 7.6 B 12.9 B TR 3930 5523 0.910 0.712 13.1 B Intersection Delay = * (sec/veh) Intersection LOS = (g/C)*(V/c) ----------------------------------------------------------------------- is greater than one. Calculation of D1 is infeasable. 35 11290 HCM: SIGNALIZED INTERSL--ION SUMMARY Version 2.4 05-08-1995 TRANSPORT ANALYSIS PROFESSIONALS, INC. Streets: (E-W) NW ------------ --------------- lath Street (N-S) Lejeune Road Analyst: RPE/TAP File Name: 42PMFU-11.HC9 Area Type: Other 5-3-95 PM PEAK Comment: Existing Conditions With Hotel & Modified Signal Timing _____--______-_--__-- Eastbound Westbound Northbound Southbound L ---- T R ---- L T R ---- ---- ---- L T R L T R No. Lanes ---- 1 1< 1 1< ---- ---- ---- 1 3< ---- ---- ---- 1 3< volumes 200 208 28 92 219 59 35 2240 32 88 2981 222 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 RTOR Vols 0 5 2 18 Lost Time 2.00 2.00 2.00 2.00 2.00 2.00-2.00 2.00 2.00 2.00 2.00 2.00 ----------------------------------------------------------------------- Signal operations Phase Combination 1 2 3 4 5 6 7 8 EB Left * * NB Left- Thru * Thru Right * Right Peds Peds A'B Left * SB Left Thru * Thru Right * Right Peds Peds NB Right EB Right SB Right WB Right Green 10.OA 25.OA Green 81.OP Yellow/AR 3.0 6.0 Yellow/AR 5.0 Cycle Length: 130 ----------------------------------------------------------------------- secs Phase combination order: #1 #2 #5 Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS EB L 206 1770 1.068 0.181 80.5 F - - 53.0E+ TR 401 1829 0.648 0.219 29.8 D WB L 98 445 1.056 0.219 99.9 F 49.7 E TR 396 1807 0.772 0.219 32.8 D 14B L 57 89 0.630 0.642 17.8 C 12.1 B TR 3574 5565 0.720 0.642 12.0 B SB L 146 227 0.617 0.642 13.2 B 27.2 D TR 3547 5523 1.008 0.642 27.6 D Intersection Delay = 24.7 sec/veh Intersection LOS = C Lost Time/Cycle, L ----------------------------------------------------------------------- = 5.0 sec Critical v/c(x) = 1.060 11290 Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 1 File Name ............ 41PMFU11.HC0 Streets: (N-S) NW 41st Avenue (E-W) Major Street Direction.... EW Length of Time Analyzed... 60 (min) Analyst .... .. ........... RPE\TAP Date of Analysis.......... 5/2/95 other Information......... Existing Conditions Two-way Stogy No. Lanes Stop/Yield Volumes PHF Grade MC' s ( o ) SU/RV's (%) CV' s ( o ) PCE's ?-controlled In, ^Eastbound L T R 0> 1< 0 N 0 274 17 .92 .92 .92 0 1 1 1 1 1 1 1 1 1 1 1 1 --------------- :ersection Westbound L T R N 28 376 0 .86 .86 .86 0 1 1 1 ---------------- 1 1 1 1 1 1 1 1 1 NW 11th Street and Proposed Hotel Traffic Northbound L T R 0> 1 1 7 0 13 .71 .71 .71 0 1 1 1 1 1 1' 1 1 1 1 1 1 Adjustment Factors Southbound L T R 0> I 1 0 0 1 .95 .95 .95 0 1 1 1 ---------------- 1 1 1 1 1 1 1 1 1 Vehicle Critical Follow-up Maneuver --------------------------------------------------- Gap (tg) Time (tf) Left Turn Mayor Road --------------- 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 11290 Center For Microcomputers In Transportation HC-S-: Unsignalized Intersection Release 2.1 Page 2 WorkSheet for TWSC Intersection -------------------------------------------------------- Step 1: RT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows: (vph) 282 376 Potential Capacity: (pcph) 996 893 Movement Capacity: (pcph) 996 893 Prob. of Queue -free State: 0.98 1.00 __.: ------------------------------------------------------ Step 2: LT from Major Street WB EB _ -------------------------------------------------------- Conflicting Flows: (vph) --- 291 376 - Potential Capacity: (pcph) 1246 1135 Movement Capacity: (pcph) 1246 1135 Prob. of Queue -free State: 0.97 1.00 TH Saturation Flow Rate: (pcphp.l) *1900 *1900 RT Saturation Flow Rate: (pcphpl) *1900 *1900 Major LT Shared Lane Prob. of Queue -free State: 0.96 ------------ 1.00 -------------------------------------------- Step 3: TH from Minor Street NB SB -------- ------------------------------------------------ Conflicting Flows: (vph) - 686 695 Potential Capacity: (pcph) 476 471 Capacity Adjustment Factor. due to Impeding Movements 0.96 0.96 Movement Capacity: (pcph) 459 454 Prob. of Queue-free.State: 1.00 1.00 -------------------------------------------------------- Step 4: LT from Minor Street - NB SB -------------------------------------------------------- Conflicting Flows: (vph) 687 693 Potential Capacity: (pcph) 424 420 Major LT, Minor TH Impedance Factor: 0.96 0.96 Adjusted Impedance Factor: 0.97 0.97 Capacity Adjustment Factor due to Impeding Movements 0.97 0.96 Movement Capacity: (pcph) -------------------------------------------------------- 412 401 ��j 11290 Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 3 Intersection Performance Summary FlowRate MoveCap SharedCap Avg.Total Delay Movement -------- v(pcph) ------ Cm(pcph) ------ Csh(pcph) ------ Delay ------------ LOS ------ By App NB L 10 412 > 412 > 9.0 > B --------- 6.0 I4B R 18 996 3.7 _A SB R 1 893 4.0 A ` WB L _ 33- 1246 3.0 A 0.2 Intersection Delay = 0.3 - Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 1 File Name ................ 41PMEX11.HC0 Streets: (N-S) NW 41st Avenue (E-W) Major Street Direction.... EW Length of Time Analyzed... 60 (min) Analyst... .............. RPE\TAP Date of Analysis.......... 5/2/95 other Information......... Existing Conditions Two-way Stoj No. Lanes Stop/Yield Volumes PHF Grade MC's ( o) SU/RVIs (% CV's (%) PCE's )-controlled Ini Eastbound L T R 0> l< 0 N 0 264 17, .92 .92 .92 0 1 1 1 ---------------- 1 1 1 1 1 1 1 1 1 :ersection Westbound L T R 0> 1< 0 N 28 368 0 .86 .86 .86 0 1 1 1---------------- 1 1 l NW llth Street Northbound L T R 0> 1 1 7 0 13 .71 .71 .71 0 1 1 1 1 1 1 1 1 1 Adjustment Factors 1 1 1------------- Southbound L T R 0> 1 1 0 0 1 .95 .95 .95 0 1 1 1 ---------------- 1 1 1 1 1 1 1 1 1 Vehicle Critical Follow-up Maneuver ------------------------------------------------------------------ Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 4.0 11290 Center For Microcomputers in Transportation HCS: Unsignalized Intersection Release 2.1 Page 2 **************************************************************** WorkSheet for TWSC Intersection -------------------------------------------------------- Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 272 368 Potential Capacity: (pcph) 1008 901 Movement Capacity: (pcph) 1008 901 Prob. of Queue -free State: 0.98 1.00 -------------------------------------------------------- Step 2:.LT from. Major Street WB EB -------------------------------------------------------- Conflicting Flows: (vph) 281 368 Potential Capacity: (pcph) 1259 1145. Movement Capacity: (pcph) 1259 1145 Prob. of Queue -free State: 0.97 1.00 TH Saturation Flow Rate: (pcphpl) *1900 *1900 RT Saturation Flow Rate: (pcphpl) *1900 *1900 Major LT Shared Lane Prob. of Queue -free State: 0.97 1.00 -------------------------------------------------------- Step 3: TH from Minor Street NB SB -------------------------------------------------------- Conflicting Flows: (vph) 668 677 Potential Capacity: (pcph) 487 481 Capacity Adjustment Factor due to Impeding Movements 0.97 0.97 Movement Capacity: (pcph) 471 465 Prob. of Queue -free State: 1.00 1.00 -------------------------------------------------------- Step 4: LT from Minor Street NB SB -------------------------------------------------------- Conflicting Flows: (vph) 669 675 Potential Capacity: (pcph) 434 430 Major LT, Minor TH Impedance Factor: 0.97 0.97 Adjusted Impedance Factor: 0.97 0.97 Capacity Adjustment Factor due to Impeding Movements 0.97 0.96 Movement Capacity: (pcph) -------------------------------------------------------- 422 411 q I 11290 Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 3 Intersection Performance Summary F1owRate MoveCap SharedCap Avg.Total Delay Movement v(pcph) Cm(pcph) Csh(pcph) Delay LOS By App -------- ------ ------ ------------------ ------ --------- NB L 10 422 > 422 > 8.7 > B 5.9 NB R 18 1008 3.6 Ar- SB R 1 901 4.0 A WB L 3 a 1259 2.9 A 012 Intersection Delay = 0.3 ' 4L LEGAL DRSCRIPTIONt Tract A of " HANDELSMAN SUBDIVISION" according to the plat thereof as recorded in Plat Book 56 at Page 60 of the Public Records of Dade county, Florida, and, commence at the sw corner of the NW 1/4 of the BE 1/4 of Section 32, Township 53 South, Range 41 East, Dade County, thence due North along the West line of the NW 1/4 of the BE 1/4 of said Section 32 for a distance of 25 ft.; thence North 88 degrees 51130" East, parallel with the South line of the NW 1/4 of the BE 1/4 of said section 32, for a distance of 340 ft. to a point; thence due North parallel with the West line of the NW 1/4 of the BE 1/4 of said section 32, for a distance of 80.54 ft. to the Point of Beginning; thence continue due North for a distance of 69.46 ft . to a point; thence North 68 degrees 51'30" East, parallel with the South line of the NW 1/4 of the BE 1/4 of said section 32 for a distance of 60 ft. to a point; thence due South, parallel with the west line of the NN 1/4 of the BE 1/4 of said Section 32, for a distance of 70.58 ft. to a point; thence South 89 degrees 53'30" West for a distance of 59.99 ft. ¢o the, paint of Beginning, lying and being in Dade County, Fla OR" FOVT TOE1-60-F. and, Commence at the southwest corner of the Northwest 1/4 of the southeast 1/4 of the section 32, Township 53 South, Range 41 East, thence due North along the West line of the Northwest 1/4 of the southeast 1/4 of said section 32, for 25 feet; thence North 88 degrees, 51'30" East, parallel with the south line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 340.6 feet to the Point of Beginning; thence due North parallel with the west line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 00.54 feet; thence North 89 degrees, 53130" East for 59.39 feet; thence due South parallel to and 400.00 feet East of the West line of the Northwest 1/4 of the Southeast 1/4 of said section 32 for 79.42 feet; thence south 88 degrees, 51130" West parallel with the South line of the Northwest 1/4 of the southeast 1/4 of said section 32 for 59.40 feet to the Point of Beginning, lying and being in Dade county, Florida, /,use'. 611-17T oVE FT r EXHIBIT "A". 41 11290 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. 11277 (#23G3) Inthe........................XXXXX..................................... Court, was published in said newspaper in the issues of Sep 15, 1995 Affiant 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 mail 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.advertisemenh and afflant further says that she has neither paid nor promised a�nor �ref m or corporation any disco t, rebate, commd for the purpose of secu g this adverts ation in the said news Sworn to an bsc-r�i..� d� �b�efore me this 15�� �mbte. _ 95 t/ .... %Ferb ........�.......L A PUCsi.IC sr.�'i4 QF M 0R7iyA (SEAL) ifril$SI();�1721U8 lJ.MISSIOIY Octelmapersonally known tome�'�• 6 ]996 IT