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HomeMy WebLinkAboutItem #1 - 5265 N. Miami Ave-PAB_3.4.09LEGISTAR FILE ID: 07-002161ul APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PLANNING FACT SHEET March 4, 2009 Item #P.1 Vicky Garcia -Toledo, on behalf of Douglas Gardens Holding Corp., Inc. Consideration of amending the Miami Comprehensive Neighborhood Plan 5 - Commissioner Michelle Spence -Jones 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 5265 N. Miami Ave., Miami, Florida from "Duplex Residential" to "Major Institutional Public Facilities, Transportation and Utilities". 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: 2/23/2009 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST 5265 N MIAMI AVENUE Application No. 09-07 File ID 07-00216lu1 REQUEST The proposal is for a change to the 2020 Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Duplex Residential" to ""Major Institutional, Public Facilities, Transportation and Utilities". (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). Major Institutional, Public Facilities, Transportation and Utilities: Areas designated as "Ma- jor Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to "High Density Multi- family Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" 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 de- velopment regulations; however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property, except within the Health / Civic Center District where it may not exceed a total FAR of 3.2 times the gross lot area of the subject property. 1 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 approximately 0.136 acres. It is located on the northeast corner of the block fronting N. Miami Avenue to the west and NE 53rd Street to the north. The parcel is additionally located within the block bounded by NE 52nd Terrace to the south and NE 1s' Avenue to the east. The site is currently the only designated "Duplex Residential" property within the block. The properties directly adjacent to the subject property on the north and west are designated ""Duplex Residential". The subject site is in the Little Haiti 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 east and south by a "Major Institutional, Public Facilities, Transportation, and Utilities" future land use. The requested change will allow this property to become compatible and consistent with these surrounding properties on this block. • On July 26th, 2007, the City Commission approved the change to a "Major Institutional, Public Facilities, Transportation and Utilities" designation for the entire block minus the property that is the subject of this application. The ownership is now the same for all the properties on this block. • The parcel is not a part of a Duplex Residential area. Therefore, the requested change does not represent an intrusion of Major Institutional, Public Facilities, Transportation and Utilities uses into the residentially designated area. • The "Duplex Residential" category allows residential structure to a maximum density of 18 dwelling units per acre. The requested "Major Institutional, Public Facilities, Transpor- tation and Utilities" designation at this location allows ancillary Residential facilities to a maximum density equivalent to "High Density Multifamily Residential" or to the least in- tense abutting/adjacent residential zoning district, or at this location to 18 dwelling units per acre. This residential density would be the same as currently allowed. • 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 "Major Institutional, Public Facilities, Transportation and Utilities" to occur on this site will facilitate development of the entire block creating more opportunities for job creation. Furthermore, the site falls within the City's Enterprise Zone. Land Use Goal LU -1 (5) promotes the efficient use of land and minimizes land use conflicts. A change to "Major Institutional, Public Facilities, Transportation and Utilities" is 2 a logical extension of that category at this location and would allow the entire block to be developed under one future land use category. 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. Because the potential residential density at this location will not increase from what is currently allowed, no school concur- rency review is required at this time. 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 09-07 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 3/4/2009 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant, Vicky Garcia -Toledo attorney for Douglas Grdens Holding Corp., Inc. a RECREATION AND OPEN SPACE Florida non -for profit, holding company of Miami Jewish Home & Hospital for the Aged Population Increment, Residents 0 Address: 5265 N Miami Avenue Space Requirement, acres 0.00 Boundary Streets: North: NE 53 ST East: NE 1 AV Excess Capacity Before Change 182.80 South: NE 52 TER West: N MIAMI AV Excess Capacity After Change 182.80 Proposed Change: From: Duplex Residential Concurrency Checkoff OK To: Major Institutional, Public Facilities, Transportation & Utilities Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.1360 acres @ 18 DU/acre 2 DU's Population Increment, Residents 0 Peak Hour Person -Trip Generation, Residential 2 Transmission Requirement, gpd 0 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 0.1360 acres @ 18 DU/acre 2 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 2 Population Increment, Residents 0 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 0 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 0 STORM SEWER CAPACITY Dwelling Units 0 Peak Hour Person -Trips 0 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District LITTLE HAITI Concurrency Checkoff OK County Wastewater Collection Zone 308 Drainage Subcatchment Basin E3 SOLID WASTE COLLECTION Solid Waste Collection Route 109 Population Increment, Residents 0 Transportation Corridor Name N MIAMI AV Solid Waste Generation, tons/year 0 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 800 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 0 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 0 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 Departmern (WASH). Excess capacity, if any, is currernly not known. Population increment is assumed to be all new residents. Peak -period trip Major Institutional, Public Facilities, Transportation & Utilities allow facilities for federal, state and local govem- generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and ment activities, major public a private health, recreational, cultural, religious or educational activities, and major LOS are from Table PT -2(R1 ), Transportation Corridors report. transportation facilities and public utilities. Residential facilities ancillary to these was are allowed up to a maximum Potable water and wastewater transmission capacities are in accordance with density equivalent to'High Density Multifamily Residential' or if applicable the least intense abutting/adjacent red- Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size, if not, dential inning district, subject to the same limiting conditions. Allays a maximum floor area ratio (FAR) of 1.72 ti- new connections are to be Installed at owners expense. mes the gross lit area of the subject property, except within the Health/Civic Center District where it may not Recreation/Open Space acreage requirements are assumed with proposed change made. exceed a total FAR of 32 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 services included in the City's adopted concurrency management requirements. CM 1 IN 03/13/90 FUTURE LAND USE MAP 0150 300 600 Feet ADDRESS: 5265 N Miami Avenue ZONING ATLAS MAP 0150 300 600 Feet ADDRESS: 5265 N Miami Avenue Z, - iia law. - ri, 0150 300 600 Feet L I I I I I I I I ADDRESS: 5265 N Miami Avenue LO©� � x l ��A,'* E�ca ie s°e�TEo a, S i. 1 -1 HEARING BOARDS 444 SW 2"d Avenue, 7th Floor t Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com/hearing boards Planning Designee Initial & Date 1oa,2- 1044- `pub -_ ; ` ` 25 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 3:00 pm, except on the fifth day. at 12:00 pm. The application 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 language 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 MIAMI 1737296.1 7650523941 Please refer to Section 62-32 of the Miami City Code for Comprehensive Plan information. 1. Applicant name(s): A. Vicky Garcia -Toledo, attorney for Douglas Gardens Holding Corp., Inc.. a Florida not -for profit corporation, holding company of Miami Jewish Home & Hospital for the Aged, 2. Subject property address(es): 5265 N. Miami Avenue; and folio number(s): 01-3124-011-0100 3. Current designation: Duplex Residential 4. Future designation: Maior Institutional Public Facilities, Transportation and Utilities 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? No 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? 5,915 square feet or 0.136 acres 2 Rev. 12-16-08 MIAMI 1737296.1 7650523941 4_1 19. What is the purpose of this application/nature of proposed use? The proposed use of the Property is for a parking lot to support the Miami Jewish Home and Hospital for the Aged. 20. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3`d Floor for information. No. 21. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3`d Floor for information. Yes. 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) $ 1,200.00 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 Oaj1271 , all planning and zoning fees in excess of $25, 000, 00, shall be paid in the form d check, cashier's check, or money order. Signature Name Telephone 305-350-2409 Address Bilzin Sumberg Baena Price & Axelrod LLP 200 S. Biscayne Blvd. Suite 2500 Miami, Florida 33131 Date E-mail Address vgt(a-)-bilzin.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 5- day of -a-Qr, '2009 by A. Vicky Garcia -Toledo, as President of A. Vicky Garcia -Toledo, P.A., a corporation. She is personally known to me and who did not take an th. ll 1101",CHRISTINE A. BOWE MY COMMISSION # DD 4 (Stamp)H.. :gip: EXPIRES: February 20, of e 0 OondedThru Piftrd Insurance 3 Rev. 12-16-08 MIAMI 17372 96.1 765052 3941 WRITTEN CONSENT TO CORPORATE ACTION BY THE BOARD OF DIRECTORS OF DOUGLAS GARDENS HOLDING CORP., INC., AS HOLDING COMPANY FOR THE MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED INC The undersigned, constituting all of the members of the Board of Directors (the 'Board") of DOUGLAS GARDENS HOLDING CORP., INC., a Florida corporation (the "Corporation"), do hereby waive any and all requirements for notice of the time and place, and any special purposes, of a meeting of the Board of the Corporation and do hereby consent, pursuant to the Florida Statutes Sections 607.0821, to the adoption of, and do hereby adopt, the following preamble, resolutions and the actions specified herein: WHEREAS, Bilzin Sumberg Baena Price & Axelrod LLP, through its partner, A. Vicky Garcia -Toledo, Esquire P.A., ("Counsel") will be handling, on behalf of the Corporation, certain documents and applications, including, but not limited to, a public hearing application for an Amendment to the Zoning Atlas and a public hearing application for an Amendment to the Comprehensive Plan (collectively, the "Applications") with the City of Miami, and/or other governmental authorities, pertaining to the zoning, land use and platting issues of that certain property described on Exhibit "A" attached hereto; NOW, THEREFORE, BE IT RESOLVED, that the Corporation hereby authorizes, directs and empowers its Counsel to apply for; modify, execute and deliver the Applications and any and all documents required in connection with said Applications, on behalf of the Corporation; FURTHER RESOLVED, that any officer of the Corporation, be and hereby is, authorized, empowered and directed to take all such further actions and to execute and deliver all such further agreements, instruments and other documents in the name and on behalf of the Corporation, that each, in his sole discretion, shall deem to be necessary, proper or advisable in order to fully carry out the intent and accomplish the purpose of the foregoing resolution and the transactions contemplated thereby; FURTHER RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolutions in the name and on behalf of the Corporation, be, and it hereby is authorized and empowered to be deemed conclusive proof of the approval thereof by the Board of the Corporation; AND, FURTHER RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of these resolutions be, and they hereby are, approved, ratified and confirmed in all respects. [SIGNATURE PAGE FOLLOWS] MIAMI 1736093.1 7650523941 IN WITNESS WHEREOF, the undersign Dave executed this Written Consent in order to give their consent hereto as of thec day of . Yy , 2009. WITNESSES: A`- Signature Print Name Signa e Print Name V' Signature MttAtL -r, Print Name Si e Print Name MIAMI 1736093.1 7650523 941 DIRECTORS: Harold Beck teph H. Cypen Exhibit "A" Property Description Lot 10 less the West 10 feet thereof, Block 1, ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof, as recorded in Plat Book 9, Page 30, of the Public Records of Miami -Dade County Florida Specific Legal Description, Folio Number, Address, Ownership and Deed Information for Subject Property Lot 10 less the West 10 feet thereof, Block 1, ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof, as recorded in Plat Book 9, Page 30, of the Public Records of Miami -Dade County Florida. Folio: 013124-011-0100 Address: 5265 N Miami Avenue, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc. a Florida not for profit corporation Deeds: 26694/3362-3365 Recorded 12/22/2008 MIAMI 1736093.1 7650523941 AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared A. Vicky Garcia -Toledo, 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, Q 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 in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. A. Vicky Garcia -Toledo, PA. A. Vicky Garcia -Toledo, Esq. Applicant(s) Name Applicants) ignature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 5 da of �-�; , 2009 b A. g g g — Y Y Vicky Garcia -Toledo, as President of A. Vicky Garcia -Toledo, P.A., a corporation. She is personally known to me and who did not take an oxfi� / CHRISTINE A. BOWER v 4 MY COMMISSION 4 DD 4998 a* EXPIRES; Febwary20, 2010 i na (Stamp) h....... t BmdodThruPlcherdinsuranceAgency R41� 5 Rev. 12-16-08 MIAMI 1737001.1 7650523941 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) Douglas Gardens Holding Corp., Inc., A Florida not for profit corporation, owned by Miami Jewish Home & Hospital for the Aged Percentage of Ownership 100% Subject Property Address(es) See Exhibit "A" Telephone Number 305-350-2409 E-mail Address vgtabilzin.com 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): See Exhibit "B" for Detailed List A. Vicky Garcia -Toledo, PA. A. Vicky Garcia -Toledo, Esq. Owner(s) or Attorney Name Legal Description(s): Owner(s) or �ttorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of , 2009 by A. g g Vicky Garcia -Toledo, as President of A. Vicky Garcia- oledo, P.A., a corporation. She is personally known to me and who did not take an Oth. (Stamp) C MIAMI 1737001.1 7650523941 MY COMMISSION Y OD 499610 EXPIRES: February 20, 2010 ew,nommru Pla wd Inswa-Agency Rev. 12-16-08 Exhibit "A" Legal Description Lot 10 less the West 10- feet thereof, Block 1, ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof, as recorded in Plat Book 9, Page 30, of the Public Records of Miami -Dade County Florida. Specific Legal Description, Folio Number, Address, Ownership and Deed Information for Subiect Property Lot 10 less the West 10 feet thereof, Block 1, ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof, as recorded in Plat Book 9, Page 30, of the Public Records of Miami -Dade County Florida. Folio: 013124-011-0100 Address: 5265 N Miami Avenue, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc. a Florida not for profit corporation Deeds: 26694/3362-3365 Recorded 12/22/2008 7 Rev. 12-16-08 MIAMI 1737001.1 7650523941 Exhibit "B" Street Address(es): Legal Description(s): 5200 NE 2nd Avenue Miami. Florida 33137 151 NE 52 Street Miami. Florida 33137 58 NE 53 Street Miami. FL 33137 34 NE 53 Street, Miami. FL 33136 30-32 NE 53 Street Miami, FL 33137 20 NE 53 Street Miami, FL 33137 0 NE 53 Street Miami, FL 33137 11 NE 52 Terrace Miami, FL 33137 17 NE 52 Terrace Miami, FL 33137 25 NE 52 Terrace Miami, FL 33137 35 NE 52 Terrace Miami, FL 33137 MIAMI 1737001.1 7650523941 Tract C, Douqlas Gardens South Revised PB 146 P. 63 Tract A, Douglas Gardens Revised PB 123 P. 49 Lot 5 and the East 1 foot of Lot 6, Block 1, Orchard Villa Tract Third Section. PB 9, P. 30 West 59 feet of Lot 6, Block 1, of ORCHARD VILLA TRACT THIRD SECTION. PB 9, P. 30. Lot 7, Block 1, of ORCHARD VILLA TRACT THIRD SECTION PB. 9. P. 30 Lot 8, Block 1, of ORCHARD VILLA TRACT THIRD SECTION PB. 9. P. 30 Lot 9, Block 1, of ORCHARD VILLA TRACT THIRD SECTION PB. 9, P. 30 Lot 11, less the West 10 Feet, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, PB. 9, Pg. 30 Lot 12, Block 1, of ORCHARD VILLA TRACT THIRD SECTION PB. 9, P. 30 Lot 13, Block 1, of ORCHARD VILLA TRACT THIRD SECTION PB. 9, P. 30 Lot 14, Block 1, of ORCHARD VILLA TRACT THIRD SECTION PB. 9, P. 30. Rev. 12-16-08 d 43 NE 52 Terrace Miami, FL 33137 7 NE 52 Terrace Miami, FL 33137 61 NE 52 Terrace Miami, FL 33137 Lot 15, Block 1, of ORCHARD VILLA TRACT THIRD SECTION PB. 9, P. 30 Lot 16, Block 1, of ORCHARD VILLA TRACT THIRD SECTION PB. 9. P. 30 Tract F, of DOUGLAS GARDENS REVISED, PB. 9, P. 30. 9 Rev. 12-16-08 MIAMI 1737001.1 7650523941 State of Flort*da Department of State I certify from the records of this office that MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. is a corporation organized under the laws of the State of Florida, filed on September 25, 1973. The document number of this corporation is 727539. 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 February 25, 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 Thirtieth day of January, 2009 i Secretary of State Authentication ID: 000142512270-013009-727539 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html EXECUTIVE BOARD Edward (Eddie) Barrocas, Secretary Harold Beck, President Samuel (Sam) Byron Eleanor (Elly) Cristo[ Stephen (Steve) H. Cypen, Chairman Wayne A. Cypen, Past Chairman David (Dave) Farkas, Treasurer Ronald (Ronnie) Fieldstone Martin (Marty) Fine William (Bill) Foor Stuart Geller Sidney (Sid) Goldin Samuel (Sam) Harte Peggy Hollander Jane Kahn Jacobs Alfred (Fred) Katzin, 1St Vice President Michael Male Jill Klaskin Press Jay Solowsky Arthur (Artie) Unger, Vice Chairman MIAMI 1739417.1 7650523 941 ABBOTT, Ada ABEL, Mimi ADLER, Bunny APPLESTEIN, Allan ARONOVITZ, Todd BARASH, Jeffrey BARROCAS, Alegre BARROCAS, Edward BARROCAS, Jacob BECK, Harold BECK, Stanley BEHAR, Ike BEHAR, Roberto BELOFF, Jonathan BLAKE, Marilyn BLAKE, Teddy BLANK, Jerry BLUM, Irwin BLUM, June BORGER, Erin BORGER, Sam BRAMAN, Norman BRAMSON, Seth BRODIE, Yetta BRONSTEIN, Dr. Marshall BYRON, Sam CHERNIN, Ralph COHEN, Jerry CRISTOL, A. Jay CURTIS, Joe CYPEN, Hazel CYPEN, Judge Irving CYPEN, Myles CYPEN, Stephen CYPEN, Wayne DAVIS, Joel DELASTER, Rebeca DENMARK, Irving DERMER, Yaffa DWORKIN, Mickey ESFORMES, Nathan FALK, Joseph FARKAS, David FARR, Myra FELDENKREIS, George FIELDSTONE, Ronald FINE, Martin FINE, Pat FISCHLER, Dr. Abe FOOR, Bill FREHLING, Robert FRIEDMANN, Albert FRIEDMANN, Kathy Members of the MJHHA Board Of Directors FRIEDSON, Belvin FROST, Dr. Phillip FUTERNICK, Morris GALE, Joan GAMBACH, Roberto GANZ, Charles GANZ, Elinor GARAZI, Esther GARAZI, Solomon GARRETT, Barbara GELB, Martin GELBER, Rep. Dan GELBER, Mayor Seymour GELLER, Stuart GERSON, Gary GIBSON, Thelma GILBERT, Lucille GILBERT, Warren GOLDABER, Marilyn GOLDBERG, Hank GOLDIN, Sidney GOLDNER, Leo GOLDSTEIN, Bella GOLDSTEIN, Goldie GOLDSTEIN, Leonard GOLDSTEIN, Mina GOODMAN, Jerrold GREENBERG, Carol GREENBERG, Lorraine GRENALD, Ben GROSS, Doug GROSSMAN, Claire GUMENICK, Randy HALBERSTEIN, Alex HALBERSTEIN, Monique HARRIS, Ed HARRIS, Shirley HARTE, Phyllis HARTE, Samuel HATTENBACH, Muriel HECHT, Florence HERTZ, Jacque HIPSMAN, Mitchell HOLLANDER, Peggy HORVITZ, David HURWITZ, Elmer JACOBS, Douglas JAFFE, Dr. Norman JAFFE, Ros JOEL, Billy KAHN, Dr. Guinter KAHN-JACOBS, Jane KAPLAN, Mary Rose As of 01/30/2009 MIAMI 1739418.1 7650523941 KAPUSTIN, Rafael KATZ, Eleanor KATZIN, Fred GOLDEN, Fruma KAYTON, Claire KISLAK, Jay KLENK, Charles J. KOGAN, Chief Justice Gerald KOSNITZKY, Michael KOSSOFF, Stanley LAWRENCE, David LEESFIELD, Ira LEHRMAN, Dr. Rosalind LESSER, Kathy LEVITT, Sonny LEVY, Harry LEWIS, Marcy Miller LIBBIN, Comm. Jerry LIPPMAN, Rep. Fred LOPEZ, Liliam MALE, Michael MARCUS, Averill MARGOLIS, Sen. Gwen MARGULIES, Martin MARK, Robert MARTIN, Gloria MARTIN, Leo MATZ, Ruben MAY, Isabel M IOT, Sandy MISHCON, Mayor Jeffrey MITTLEMAN, Scott MONDRE, Richard MORJAIM, Dr. Isidoro MUSS, Sandra NEINKEN, Ruth NELSON, Ted NEWMAN, Joel OLEMBERG, Isaac OROVITZ, Michael PAPIR, Sam PARKER, Leonard PERTNOY, Earl PERTNOY, Sid PINCUS, Rosalie POLITANO, Aida POTAMKIN, Alan POTASHNICK, Hildine POTASHNICK, Jerry PRESS, Gary PRESS, Jill RAIFFE, Herbert RAIFFE, Rita RAFFEL, Forrest RETELNY, Rosita RICHELSON, Roz ROBBINS, Leonard ROBINSON, Morris ROBINSON, Hon. Steven ROSS, Joe ROTH, Seymour RUBIN, Hal RUDOLPH, Muriel RUSKIN, Lloyd RUSS, Denis RUSS, Ruth SACKS, Alfred SAHM, William SALTI, Rebecca SCHAEFER, Rowland SCHEINBLUM, Michael SCHIFF, Rabbi Solomon SEIDEN, Michele SELIGMAN, Mac SERURE, Ike SHAPIRO, Howard SHAPIRO, Ruth SHOCHET, Suzanne SILVER, Max SILVER, Peggy SILVERMAN, Dr. Michael SILVERMAN, Ralfe O.P. SINGER, Larry SLEWETT, Nathan SMALL, Morris SOLOMON, Marilyn SOLOWSKY, Jay SOMMER, David SONDERLING, Marjorie SONDERLING, Roy SREBNICK, Mariita STEADMAN, Martin STEIN, George STEIN, Howard STEINBERG, Robert TATE, Stanley TAYLOR, Mitchell TENDRICH, Elayne TOPPEL, Harold TRAUM, Judith TRAUM, Sydney TRAURIG, Jackie UNGER, Arthur WAGNER, Steve WARREN, Philip WASSERMAN, Martin WEINER, Arnold WEISBERG, Florence WEISS, Cecile WERNER, Seth WINN, Sen. Sherman WODNICKI, Dr. Henry As of 01/30/2009 MIAMI 1739418.1 7650523941 WOLFF, Jr. Henry ZELCER, Isaac ZEMEL, Herb ZILBER, Linda ZIMMERMAN, Sarah As of 01/30/2009 MIAMI 1739418.1 7650523941 frm.:wa,, g \} City of Miami Public School Concurrency ConcurrencyMana ement System Entered Requirements Applicant Fields Information Application Type Land Use and Zoning Application Sub -Type Application Name * A. Vicky Garcia -Toledo, attorney for Douglas Gardens Holding Corp., Inc.. a Florida not -for profit corporation, holding company of Miami Jewish Home & Hospital for the Aged, Application Phone * 305-350-2409 Application Email * VGT@bilzin.com Application Address * 200 S. Biscayne Blvd., Suite 2500, Miami, FL 33139 Contact Fields Information Contact Name * A. Vicky Garcia -Toledo Contact Phone * 305-350-2409 Contact Email * VGT@bilzin.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay6W.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3124-011-0100 Additional Folio Number Total Acreage * 5,915 square feet or 0.136 acres Proposed Land Use/Zoning * Major Institutional Public Facilities, Transportation and Utilities/GI Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 0 Total # of Units * 0 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. Required Fields forApplication A. Vicky Garcia -Toledo, PA. A. Vicky Garcia -Toledo, Esq. Owner(s)/Attorney/Applicant Name STATE OF FLORIDA Owner(s)/Alto e /Applicant Signature COUNTY OF MIAMI-DADE e0gri- ng cno� ledged before me this day of 200, by V tGT I a - / who is a(n) individual/partner/ gent orporation of a(n) individual/partnership/corporation. HeA ee is personally known to me or who has produced as identification and who did (did not) take an oath. A Y'P CHRISTINE k 60N MY COMMISSION # DD EXPIRES: February 2C (Stamp) 7'tiiRfu�t+' bWed fhruRaWdMrart MIAMI 173 966 3.1 765 0523 941 a This instrument prepared by Slewn W. Simon. Esq. Biliin Sumhere Miens Price t{. Axelrod LLP 200 South Risn"•ne Boulevard Suite 2500 Miami. Florida 3313) -2336 CFN ?t ej ISR 1 CD 21:14.6 9 OR Bk 26694 Fes 3362 — 3363; (2ass) RECORDED 12/22/201.1811 15:39:17 DEED DDC TAX 487.80 HARVEY RUVIN, CLERK. OF COURT MI AMI—DADE COUNTY; FLORIDA is line Inr recorder-, use onh STATUTORY WARRANTY DEED THIS DEED, made on this /sT day of December, 2008, between Marjoe Porter a/k/a Marjoe Washington Porter a/k/a Marjoe Harris, a single woman (the "Grantor"), whose address is 5265 North Miami Avenue, Miami, Florida 33127 and Douglas Gardens Holding Corp., Inc., a Florida not-for-profit corporation (the "Grantee"), whose address is 5200 NE 2"d Avenue, Miami. Florida 33137. WITNESSETH, that Grantor, for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell and convey to the Grantee, its heirs, successors and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Her entire interest as tenant-in-common in the real property described as: Lot 10 less the West 10', Block 1 of ORCHARD VILLA TRACT, THIRD SECTION, according to the Plat thereof recorded in Plat Book 9. Page 30 of the Public Records of Miami -Dade County. Florida. SUBJECT TO: Taxes for the year 2009 and subsequent years, which are not yet due and payable. 2. Restrictions, covenants, limitations, agreements, reservations and easements of' record, and applicable zoning ordinances, without reimposing said matters. MIAMI 1665932.2 7650524324 Book26694/Page3362 CFN#20081020469 Paqe 1 of 2 ILI OR BK 26694 PG 3363 LAST PAGE And Grantor hereby fully warrants the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. Signed sealed and delivered in our pr nce: Print Name: '7 A UL 77. *N I . 'a 1A_ dPrins Nal o 4 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) I A� I _ r_ �/, '_�- 1 Marjoe Port a/k/a Marjoe Wa ngton Porter a/k/a Marjoe Harris The foregoing instrument was acknowledged before me this L ay of Dece ber, 2008, by Marjoe Porter a/k/a Marjoe Washington Porter a/k/a Marjoe Harris who is (personally known to me or ( ) who produced as identification and who did not take an oath. NO'T'ARY SEAT NOTARY P BLIC, STATE 917 FLORIDA Print Name: rG ` r j'0 " NARCY INTERIM MY COMMISSION 4 DD 492128 EXPIRES; November 17, 2009 eaided ltxu Nobq P bid U xlotMY+n 2 MIAMI 1665932.2 7650524324 Book26694/Page3363 CFN#20081020469 Page 2 of 2 This instrument prepared by Steven W. Simon, Esq, Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Miami, Florida 33131-2336 i MM HN INI ilii! IN! MH MH rill Mi C -FH 2i=1 03R1C_I2I147CI DR Bk 26694 Pss 3364 — 33651 (2p9s) RECORDED 12/22/2008 15:39:17 DEED DOC TAX 11462.80 HARVEY RUVIN? CLERK OF COUR,r MIAMI—DADE COUNTY? FLORIDA Space above this line far recorder's use only STATUTORY WARRANTY DEED THIS DEED, made on this 19th day of December, 2008, between Bennie L. Harris a/k/a Bennie Lee Harris, a single man (the "Grantor"), whose address is P.O. Box 2111, Newnan, Georgia 30264 and Douglas Gardens Holding Corp., Inc., a Florida not-for-profit corporation (the "Grantee"), whose address is 5200 NE 2 Avenue, Miami, Florida 33137. WITNESSETH, that Grantor, for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, does grant, bargain, sell and convey to the Grantee, its heirs, successors and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: His entire interest as tenant-in-common in the real property described as: Lot 10 less the West 10', Block 1 of ORCHARD VILLA TRACT, THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami -Dade County, Florida. SUBJECT TO: Taxes for the year 2009 and subsequent years, which are not yet due and payable. 2. Restrictions, covenants, limitations, agreements, reservations and easements of record, and applicable zoning ordinances, without reimposing said matters. MIAMI 1666197.2 7650524324 Book26694/Page3364 CFN#20081020470 Paqe 1 of 2 OR PIK 26694 F•G 336 LAST PAGE ,A And Grantor hereby fully warrants the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. Signed sealed and delivered in our nresence: ., .r, . P n ame: t'22 , R Print Name: N ,5n�,t/U/ W, (Wa) STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) 41-1- /;,�� Bennie L. Harris a/k/a Bennie Lee Harris The foregoing instrument was acknowledged before me this 19th day of December, 2008, by Bennie L. Harris a/k/a Bennie Lee Harris who is (_) personally known to me or (X) who produced a 6eolal a Driver's License as identification and who did n e an oath. V ti NOTARY SEAL/STAMP ee�5"N&FARY PUBLIC, S OF FLORIDA W-80 Print Name: 2 MIAMI 1666197.2 7650524324 Book26694/Page3365 CFN#20081020470 Paqe 2 of 2 CITY OF MIAMI 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: A. Vicky (First Name) (Middle) HOME ADDRESS: 200 S. Biscayne Blvd. Suite 2500 (Address Line 1) (Address Line 2) Garcia -Toledo (Last Name) CITY: Miami STATE: Florida ZIP:33131 HOME PHONE: (05)350-2409 CELL PHONE: EMAIL: vgt(Z�bilzin.com BUSINESS or APPLICANT or ENTITY NAME FAX: (305) 351-2233 A. Vicky Garcia -Toledo, attorney for Douglas Gardens Holding Corp., Inc.. a Florida not -for profit corporation holding company of Miami Jewish Home & Hospital for the Aged BUSINESS ADDRESS: 200 S. Biscayne Blvd. Suite 2500. (Address Line 1) Miami, FL 33131 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Application for approval of an amendment to the zoning atlas and comprehensive plan. 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? ❑ YES Cif 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. MIAMI 1737373.1 7650523 941 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name a. b. C. Address * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE Phone# 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 sa a issue shall be reviewed or considered by the applicable board(s) until expiratid of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Signature A. Vicky Garcia -Toledo, PA. A. Vicky Garcia -Toledo, Esq. Print Name STATE OF FLORIDA -- CO LINTY OF MIAMI -DADS Q The foregoing was acknowledged before me this � day of 2009 by, A. Vicky Garcia -Toledo, as President of A. Vicky Garcia -Toledo, P.A., a corporation. She is personally known to me nd who did not take an oath. "Y P CHRISTINE A. R c MaCOMMISSION Q ebm (Stamp) Af;th 80ndsdlrRi,-rk hsrd n# $p t(iur Enclosure(s) MIAMI 1737373.1 7650523941