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HomeMy WebLinkAboutItem #5- 1400 NW 5 StLEGISTAR FILE ID: 09-00027lu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PLANNING FACT SHEET February 18, 2009 Item #P.5 Ben Fernandez, on behalf of Tony's Standard Services, Inc. Consideration of amending the Miami Comprehensive Neighborhood Plan 1 - Commissioner Angel Gonzalez Complete legal description on file with the Hearing Boards PETITION Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the properties located at approximately 1400 NW 27th Avenue, Miami, Florida from "Duplex Residential" to "Restricted Commercial". PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION APPROVAL See supporting documentation VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date Printed: 2/5/2009 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST 1400 NW 27 AVENUE Application No. 09-06 File ID 09-00027lu REQUEST The proposal is for a change to the 2020 Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Duplex Residential" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 establishes future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Duplex Residential" designation allows residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correc- tional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are al- lowed only in contributing structures within historic sites or historic districts that have been des- ignated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). The "Restricted Commercial" designation allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limit- ing conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommo- date the needs of potential residents; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typ- ically requiring easy access by personal auto, and often located along arterial or collector road- ways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commer- cial" that are not located within the Urban Central Business District or Regional Activity Center allow a maximum floor area ratio (FAR) of 1.72 times the gross lot area of the subject property; such FAR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property. Properties designated as "Restricted Commercial" within the Urban Central Business District or Regional Activity Centers are allowed an FAR of 10.0 times the gross lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and ser- vices included in the City's adopted concurrency management requirements. DISCUSSION The subject area consists of one parcel comprising of approximately 0.25 acres. It is located on the north side of the block fronting NW 14th Street. The parcel is additionally located within the block bounded by NW 27th Avenue to the east and NW 29th Avenue to the west. It is the second parcel from the east. The site is currently designated "Duplex Residential". The properties to the directly adjacent to the subject property on the north, east, and west are designated "Restricted Commercial". There are two properties directly to the south on the opposite side of NW 14th Street. The eastern property is designated "Restricted Commercial" and the western property is designated "Duplex Residential". The subject site is in the Flagami NET area. ANALYSIS The Planning Department is recommending APPROVAL of the application as presented based on the following findings: • The parcel is surrounded on the north, east, west, and southeast by "Restricted Commercial" future land uses. The requested change will allow this property to become compatible and consistent with the surrounding properties. The "Duplex Residential" category allows residential structure to a maximum density of 18 dwelling units per acre. The requested "Restricted Commercial" category allows to a maximum density equivalent to "High Density Multifamily Residential" which in this case is 150 dwelling units per acre, as well as commercial activities that generally serve the daily retailing and service needs of the public. This flexibility in uses is in scale with the surrounding Restricted Commercial properties. Land Use Goal LU -1:(3) encourages the city to promote and facilitate economic development and the growth of job opportunities in the city. Allowing commercial activities to occur on this site will facilitate the expansion of businesses creating more opportunities for job creation. Land Use Objective LU -1.3 indicates the city will encourage commercial, office, and industrial development within existing areas. Current activities at this location are consistent with Restricted Commercial uses. Land Use Goal LU -1 (5) promotes the efficient use of land and minimizes land use conflicts. A change to Restricted Commercial is a logical extension of that category at this location and would minimize the conflict of having a "Duplex Residential" property wedged between two "Restricted Commercial" properties. 2 Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. These findings support the position that the Future Land Use Map at this location should be changed. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 09-06 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 2/18/2009 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez on behalf of Tony's Standard Services, Inc. RECREATION AND OPEN SPACE Population Increment, Residents 85 Address: 1400 NW 27 Avenue Space Requirement, acres 0.11 Boundary Streets: North: NW 15 St East: NW 27 Av Excess Capacity Before Change 182.80 South: NW 14 St West: NW 29 Av Excess Capacity After Change 182.69 Proposed Change: From: Duplex Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.2500 acres @ 18 DU/acre 5 DU's Population Increment, Residents 85 Peak Hour Person -Trip Generation, Residential 4 Transmission Requirement, gpd 18,997 Other sq.ft. @ FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.2500 acres @ 150 DU/acre 38 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 20 Population Increment, Residents 85 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 15,690 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population 85 Dwelling Units 33 STORM SEWER CAPACITY Peak Hour Person -Trips 16 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Flagami Concurrency Checkoff OK County Wastewater Collection Zone 315 Drainage Subcatchment Basin J1 SOLID WASTE COLLECTION Solid Waste Collection Route 118 Population Increment, Residents 85 Transportation Corridor Name NW 27 AV Solid Waste Generation, tons/year 109 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 691 Concurrency Checkoff OK Land Use Goal LU -1 (See attachment 1) TRAFFIC CIRCULATION Land Use Objective LU -1.1 Land Use Policy 1.1.1 Population Increment, Residents 85 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 16 Capital Improvements Objective CI -1.2 LOS Before Change B Capital Improvements Policy 1.2.3 a -g LOS After Change B Concurrency Checkoff OK NOTES: 1. Permit for sanitary sewer connection must be issued by Metro Dade Water and Sewer Authority ASSUMPTIONS AND COMMENTS Department (WASA). Excess capacity, if any, is currently not known. Population increment is assumed to be all new residents. Peak -period trip Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density equivalent to generation Is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning LOS are from Table PT -2(R1), Transportation Corridors report. Director that the proposed site's proximity to other residentially zoned property makes it a logical extension Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service or continuation of existing residential development and the adequated services and amenities exist in the connections to water and sewer mains are assumed to be of adequate size; if not, adjacent area to accommodate the needs of potential residents;transitory residential facilities such as hotel new connections are to be installed at owner's expense. and motels; general office use, clinics and laboratories; as well as commercial activities that generally serve the Recreation/Open Space acreage requirements are assumed with proposed change made. daily retailing and service needs of the public, and often located along arterial or collector roadway, which include: general retailing, personal and professional services, real estate, banking, restaurants,saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scaleand land use impacts aresimilar in nature of those uses described above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. Allow a maximum lot Floor ratio FLR) of 7.0 times the net lot area of the subject property: such FLR may be incre ased upon compliance with the detail provisions of the applicable land development regulations:however, FLR may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as Restricted Commercial in the Urban Central Business District and Buenavista Yards regional Activity Center allow a maximum floor area lot ratio (FLR) of 37.0 times the net lot area of the subject property CM 1 IN 03/13/90 FUTURE LAND USE MAP NW 1 NW 14TH ST Q _ rn N Z NW 13TH ST S/? 836 OFF RESTRICTED COMMERCIAL DUPLEX RESIDENTIAL SR- 836 EXPYSR $36 ON F E SR 1 N�, �sTN SRO F. I MEDIUM DENSITY MULTIFAMILY— RESIDENTIALI =NW 13TH -ST Rp,MP V� 0150 300 600 Feet L I I I I I I I I ADDRESS: 1400 NW 27 AVENUE ZONING ATLAS MAP NW 16TN v �> STRO Q NW 16TH TER x N c Q 3: ;N x z 3 z N Z Z iv = Q � x to N R-1 �: z NW 1STH -ST C-1 NW 14TH ST Q x R-2 cnN 7z R-3 NW 13TH -ST= 0000 IIINW 13TH ST N �op 836 ON SMP V� SR -836 EXPY SR$36O SR S/? 836 OtR FW 12TH ST pF 0150 300 600 Feet L I I I I I I I I ADDRESS: 1400 NW 27 AVENUE 150 300 600 Feet ADDRESS: 1400 NW 27 AVENUE File Number: 09-00027lu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PERSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO § 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1400 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on February 18, 2009, Item No. P.5, following an advertised public hearing, adopted Resolution No. by a vote of _ to_ recommending of an amendment to Ordinance No. 10544, as amended 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 adopted by reference and incorporated 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, pursuant to small scale amendment procedures subject to § 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Duplex Residential to Restricted Commercial for 0.25± acres of real property located at approximately 1400 NW 27th Avenue, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (c) 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; (d) the proposed amendment does not involve a text change to goals, policies, and objectives Cite of _Miami Page I of 2 Printed On: 21512009 City of Miami rs r c Legislation PAB Resolution File Number: 09-00027lu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PERSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO § 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1400 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on February 18, 2009, Item No. P.5, following an advertised public hearing, adopted Resolution No. by a vote of _ to_ recommending of an amendment to Ordinance No. 10544, as amended 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 adopted by reference and incorporated 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, pursuant to small scale amendment procedures subject to § 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Duplex Residential to Restricted Commercial for 0.25± acres of real property located at approximately 1400 NW 27th Avenue, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (c) 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; (d) the proposed amendment does not involve a text change to goals, policies, and objectives Cite of _Miami Page I of 2 Printed On: 21512009 File Number: 09-00027lu of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development; (e) is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of § 420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by § 380.0552, Florida Statutes or by the Administration Commission pursuant to § 380.05(1), Florida Statutes. Such amendment is not subject to the density limitations of sub -subparagraph f., and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located and shall not become effective until a final order is issued under § 380.05(6), Florida Statutes; and (f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4, Section 4.01, C-1 Restricted Commercial of the City of Miami Zoning Ordinance 11000, as amended. (g) the proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, § 163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; and any other person or entity requesting a copy. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective date stated herein, whichever is later. City of Miami page 2 of 2 Printed On: 2/5/2009 Exhibit A LEGAL DESCRIPTION: LOT 4, LESS THE SOUTH 10 FEET, BLOCK 1, "OAKHURST" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 142,. PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING 10,470 SQUARE FEET, 0.2404 ACRES. r: L t f/a �*{4 INEARL RRRLLR .rte �� `s;5sxts""f Planning Designee Initial & Date HEARING BOARDS ;_jo AS 444 SW 2"d Avenue, 7th Floor . Miami, Florida 33130 -� = �-e' Telephone 305-416-2030 Fax 305-416-2035 LU: 09.06 www.miamigov.com/hearing boards AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us at the number above, should you have any questions.. The deadline to file the complete application with supporting documents is the first five working days of each month from 8:00 am until 3:00gm, except on the fifth day. at 12:00 Dm. 'The auDiication submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the application shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review before the deadline to ensure completeness. You will be responsible, if needed, to bring an interpreter for the. English languade-to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies,. exhibits (8'/z x11") or other materials submitted during this process will be kept as part of the record. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133, Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at ,the commencement of any public hearing .on. the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions. and ordinances can be obtained at our website through the "Legislative - Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed and dated by the Planning Department designee. Rev. 12-16-08 Please refer to Section 62-32 of the Miami City Code for Comprehensive Plan information. 1.<: Applicant name(s): Ben Fernandez on behalf of Tony's Standard Services, Inc. 2.' Subject property address(es) and folio number(s): 1400 NW 27th Avenue, Miami. Florida folio no. 3..` Current designation: Duplex Residential 4. Future designation: Restricted Commercial 5. Has the designation of this property been changed in the last year? If so, when? No. 6. Do you own any other property within 200 feet of the subject property? Yes. If yes, has the property been granted a Land Use Change within the last year? 7. Obtain signature or initial and date by the Planning Department designee prior to submittal. 8. Two (2) 11x17" original and one (1) 8'/2 x 11 copy of the survey of the property prepared by a . State of Florida registered land surveyor within six (6) months from the date of the application. 9. The subject property(ies) cannot have any open code enforcement/lien violations. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. At least two photographs showing the entire property showing land and improvements. 12. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. 13. A clear and legible copy of the subject property address(es) and legal description(s) on a - separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit.. 15. Original Public School Concurrency Management System Entered Requirements form (page 4 of the attached packet). 16. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). 17. For all corporations and partnerships indicated: a) Articles of Incorporation; b) 'Certificate from Tallahassee showing good standing, less than one (1) year. old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 18. What is the acreage of the project/property site? 0.25 acres 19. What is the purpose of this application/nature of proposed use? Parking to serve abutting commercial area. 2 Rev. 12-16-08 20. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. No. 21. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. No. 22. Cost of processing according to Section 62-156 of the Miami City Code*: Application to Amend the Comprehensive Neighborhood Plan to: a. Conservation, Recreation, Residential Single Family, Residential Duplex $ 300.00 b. Residential Medium Density Multifamily ' $ 450.00 c. Residential High Density Multifamily, Office, Major Public Facilities, Transportation/,Utilities $ 550.00 d. Commercial/Restricted, Commercial/General and Industrial $ 650.00 e. Central Business District (CBD) 1$ 1,200.00 f. Surcharge for advertising each item $ 1,200.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000. 00, shall be paid in the form of a certified check, cashier's. check, or money order. Signature Name Ben Fernandez Es . Telephone 305-377-6235 Address 200 S. Biscayne Blvd # 850 iami. FL 33131 E-mail BFernandezCD_BRZoningLaw. corn STATE OF FLORIDA -- COUNTY OF MIAMI-DADE f � The foregoing was acknowledged before me this ' (� day of January, 2009, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, PA a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and d' id not) take an oath. (Stamp) ig)lf P_. fVot ry pathic S@� reredoff �yCe Ca;e,rr';�Ra ne Farprt°s 03/05/20100524988 3 Rev. 12-16-08 AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq., who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located.in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, Z including or ❑ not including responses to day to day staff inquires. .3. That the foregoing and following pages are part of this affidavit and contain the current names, 'mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented inthe application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ben. Fernandez, Esq. / Applicant(s) Name Applicants) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 0 The foregoing was acknowledged before me this 4—day of January, . 2009, by Ben Fernandez, Esq. who is a(n) individual/partner/agenticorporation of Bercow Radell & Fernandez. PA a(n) individual/partnership/corporation. He is personally known to me and who did not take an oath. 9fZI/ / t (Stamp) -- Si nature i Gots a P&HO State of F1orw Beftr Ltarana W 0t Mftsbn 00524 8 0� �xplras 03t0a12010 4 Rev. 12-16-08 DISCLOSURE OF OWNERSHIP 1, List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Tony's Standard Services, Inc. Percentage of Ownership Antonio Orozco (100%) Subject Property Address(es) 1400 NW 27th Avenue, Miami, Florida (folio No. 01-3133- 010-0010) 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): N/A Legal Description(s): Ben Fernandez. Esq. I .J — 3 Owner(s) or Attorney Name Owner(s) or Attorney S gnature . STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of January, 2009, by Ben Fernandez. Esq. who is a(n) individual/partner/agent/corpo ration of Bercow Radell & Fernandez, PA a(n) individual/partnership/corporation. He is personally. known to me and who did not take an oath. (Stamp) Sign*ture f4�� Public State of Floe Getty Liemns. My Commission OD524-988 :p'r.Pw03/05/2010 5 Rev. 12-16-08 Exhibit A LEGAL DESCRIPTION: LOT 4, LESS THE SOUTH 10 FEET, BLOCK 1, "OAKHURST" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 142,. PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING 10,470 SQUARE FEET, 0.2404 ACRES. State of Florida Department of State I certify from the records of this office that TONY'S STANDARD SERVICE, INC. is a corporation organized under the laws of the State of Florida, filed on January 4, 1980. The document number of this corporation is 664207. I further certify that said corporation has paid all fees due this office through December 31, 2008, that its most recent annual report was filed on April 24, 2008, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Fifth day of January, 2009 61-1� � - Secretary of State, Authentication ID: 900139539499-010509-664207 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https:Hefile.sunbiz.org/certauthver.html COURTHOUSE TOWER LOCATION CAMERA OPERATOR •, DEPUTY CLERK, CIRCUIT COURT WARRANTY DEAD 1:: 15573 2760 RAMCO FORM 36Ys 1l flaw CO IIf'D1IA CI Oil TD CDar-T10111 �,1 Uiii�; �litlrl►t�tt�p, A/ndr,ilth 30011 days( Julle "4.1)-1992 Il r•:•ru•l•:F:ry • RADIANT 011, CDMPANY , n rarparnrinn existing tender rhe Imus of the State of FLORIDA , having ita prinripnt plan DJ business in the County of and State of DADE, F 1.,0RIDA and Inn•futly mrrhuriavi to transart business in the Starr. of Florida, party of flit, first part, need 1110NY'S STANDARD Sls'RVICl3S,INC. II-1lJL% P,3 1-%) ''% 71Uc• a rorpureltion vs;sting under rite faun of the, Starr. of FLORIDA having its prinripal pbu•r n1 beeriness in fha l:ounry of DADI: and State of P LORIDA mol Irneftflly authorized to tratsart blf ;nese ;n (he Staff, n/ Florida, party of the serand part, 1rnt'VESSETII: Thut fill! said burry of rhe first part, for and in ronsideratiun of fit,- nun of Dollars TLN and 00/xx n1 it in hand paid by tbu said party of thv serand part, the rereipt uduereaf*is hereby arknowlcdged, has granted, bargained and siJd.1a the said party of the sernnd part, its successors need assigns fureuer, the fullmring desrribed land situale, lying "fill bring'I1fill- County of DADE.' and Staff, (of Florida, fu -wit: 1.,0TS 1 and 2, Less the L. 25 EceL, Toot 3, t,ass the East 25 Lec L• and Lcss L•hc SOUL11 10 fout and Ito L• 4, L,CSS Lhe SouLh 10 PcuL, 131,OCK .1, OAKHURST, according t:o the PML: LhercoC, as recorded in Plat Book 9, aL Pare+ 142, of the Public Recouds of: Daclu County, Florida DOCSTPDEE 3t240.00 SURTX 21430,00 MARSHALL ADERs CLERK DADE COUHTYr FL And the will party of the., first part duns hereby fully uxurrartl the fide to said laud, and trill ill -fend file carne ngainst the lawful claims of all persons whommeeer. 77n? hatrrunew prcparrr7 by,- Add= y,Addrs:tr I.,UIS FERNANDEZ ESQ, LUIS FERNANDEZ P.A. 1901 N.W. 17th Avenue Miami, Florida 33125 e.. . — .. COURTHOUSE TOWER LOCATION DEPUTY CLERK, CIRCUIT COURT 1'1�::15573PC376 i At N1mum Witreof, the said party of tha first part has caused thrra presents to be signed in its panne by iU prop er.offiren, and its corporate seal to be agisrd, atlestrd by fU Ser•relnry, the day and yeor abuse u1,Nten. .�(tt1•at: `:�. '�E;��`, .... ley 11 ,,, ( ��' %�; LU S J Serretury OR]'•.STES PI.ORPS t'msident. Signed, eatul d da,Ih red in,.Ihe. preuenre of cur mian N•PI 313 St. . � ... P1iatni, T'1 33139 m Mate of 3fi1nr1bni'. ITJnnutp Df . 3f{erthlj merltfl), that ort this 30Lh tlgy of ,Juni. i A. l). 19r�? before me per anally appeared (JR14S'1'Iafi atld 1111./S COS'T'A Yresidrni and Serrerary rns/rei*tirelY of r acorporotion under thelnas of IdA01.ANrl' 0:1.11 COMPANY Nor State a f F1,011 I DA to 1111, knomn to be the in-rsuos u•ho signer/ the faro• going instrument as inch agirers artd u-mvally ac600u•Irr/god the ererution thereof to be their free art and doed its such obrirers for rhe ours and purposes thermic mentioned and that they agi.ted ilrrreto the 0(]1• vial sunt of said rmrpmration, and flint torr said Juslreou•ot is the art and th•ed of said rorpuratinn, QIP' HIMUS toy hand ant official ,ealat M Lanni itt the Cnrolt Y o 1 17iuh. and State of or. i (ls-t Ihv day and ,year last aforesaid. ARMANDO OLIVGROS, . n m o sa W r 0 n n b �s p O O i 4—t` t*f (/) ry0 � 3 W r) u • b ice, b ri.iJ MCORDId MO rCIAt IKWDI/Ops } OF DAN CDaeh, ItD•10A. sscosD vrV T Volk D1 Circuih A I ,wit► Cawu 4 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils. or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed., directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether •direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before, the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ren J. FernandAz (First Name) (Middle) (Last Name) HOME ADDRESS: 1837 SW 23rd Street (Address Line 2) CIT Y:. Mi ami STATE: Florida ZIP: 33145 HOME PHONE: 305-857-0337 CELL PHONE: 305-978-2866 FAX: 305-377-6222 EMAIL: BFernandezABR7oninglaw cnm BUSSINESS or APPLICANT or ENTITY NAME Bercow Radell & Fernandez, PA BUSINESS ADDRESS: 200 S. Biscayne Blvd. Suite 850 (Address Line 1) Miami, FL 33131 (Address Line 2) 1. PIease describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Land Use & Zoning change for property at 1400 NW 27th Avenue, Mlami, Florida 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? F] YES ® NO If your answer to'Question 2 is No, do not answer questions 3, 4 & 5 proceed to.read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:36543 3. Please provide the name, address and phone number of the person(s).or entities to whom consideration has been provided or committed. Name Address Phone# a. N/A b. N/A . c• N/AS Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A N/A ACKN0WLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the. criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicables) until expirat' n of a riod of one year after the nullification of the applie on or der. PERSON SUBMITTING DISCLOSURE.: —� Ig re Ben Fernandez Print Name Shorn to and subscribed before me this LY dad, of January 200 9 , The ore oin .i .g S instrtrtnent ti,as acknoiuledged before Me by _ Ben Fernandez, , who has produced as identification andlor is personally knotivn to me and who didVid not take an oath. STATE OF FLORIDA CITY OF MIAMI aryMYCOMMISSION o EXPIRES: By na Print Name ic. No.:8G543 $ Notary Public State of Flom Page 2 My uo mesion uUu4m o rr; Expires 0310512010 :i}•'Public x^;a City, of Mia»u School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Application Sub -Type Application Name ,� t t S Application Phone Application Email Application Address 0 c-;, lL uc � Contact Fields Information Contact Name �ew v. -Ga w r2 Contact Phone Contact Email Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGavlOci.miami.n.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number Additional Folio Number Total Acreage *— Proposed Land Use/Zoning Single -Family Detached Units * (� Single -Family Attached Units (Duplex) Multi -Family Units Total # of Units Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights: or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20 -unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application Owner(s)/Attomey/Applicant Name Owner(s)/Attorney/Applicant Signatu STATE OF FLORIDA COUNTY OF MIAMI-DADE 20 4foregoing was 1 be ore is day of r by r who is a(n) indi��ual/partner/agent/corporation of 'ndivi partnership/corporation. UdShe is personally known tb me or who has produced as identification and who did (did not) take an oath. All (Stamp) Si6rdatgrt =ga:Y?P,F,, ANELRODRIGUEZ MY COMMISSION # DD 661036 EXPIRES: June 12, 2011 9onded Thru Notary Public Underwriters ;`o, (_,o .-_ From: concurrency@dadeschools.net [mailto:concurrency@dadeschools.net] Sent: Wednesday, January 28, 2009 2:15 PM To: bfernandez@brzoninglaw.com; bfernandez@brzoninglaw.com; Gay, Gregory; concurrency@dadeschools.net Cc: cyordan@dadeschools.net; wmurillo@dadeschools.net; tchau@dadeschools.net Subject: Application submitted. Wednesday, January 28, 2009 Dear: Ben Fernandez 305-377-6235 BFernandez(d)BRZoningLaw.com Toni's Standard Services, Inc. 305-377-6235 BFernandez(d)BRZoningLaw.com 1400 NW 27 Avenue Miami has submitted Application No.PH0109012700084 on Wednesday, January 28, 2009 to Miami - Dade County Public Schools for review of Public School Concurrency. Please review the following information pertaining to your application. LG Application Number: LG # 09-00027 Folio Number: 0131330100010 ; Applicant Name: Toni's Standard Services, Inc.; Application Type: Public Hearing Zoning; # of Units: 0 Single -Family Detached Units: 0 Single -Family Attached Units: 0 MultiFamily Units ; For a total number of 0 units Review Fee Due: 250.00 The Miami -Dade County Public Schools Application No. is PH0109012700084 Please allow 24 hours from the date of submittal to MDCPS to pay the Public School Concurrency Review fee. Click on the link below to make payment: httos://www.velocitvoavment.com/vbills/lookup/bankofamerica/schoolmiamidade NOTE: Only completed applications will be reviewed. An application is considered complete for MDCPS to conduct the Public School Concurrency Review once payment has been received. Failure to pay the review fee will result in the application not been reviewed or processed. Should there be an error in the information submitted to MDCPS, please contact the Miami so that they may correct the information. Also, do not make payment until the application is correct. Should you have any questions for MDCPS, please do not reply to this email. You can email us at: concurrency(a)dadeschools.net or call us at 305-995-7634.