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HomeMy WebLinkAboutItem #3- 190 NE 71 StLEGISTAR FILE ID: 08-01207lu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PLANNING FACT SHEET February 18, 2009 Item #P.3 Estrellita Sibila, on behalf of Niclas and Lisanne Pierre. 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 190 NE 71St Street and 185 NE 70th Street, and alley abutting to the East, Miami, Florida, from "Duplex Residential; Medium Density Multifamily Residential" to "Restricted Commercial'. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION DENIAL See supporting documentation VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date Printed: 2/4/2009 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 190 NE 71st Street & 185 NE 70th Street and Alley Abutting to the East Application No. 09-04 File ID 08-01207lu REQUEST The proposal is for a change to the 2020 Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Duplex Residential" and "Medium Density Multifamily 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 established future land use categories according to the 2020 Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map." Duplex Residential: Areas designated as "Duplex Residential" allow 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 re- quired 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 allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within dup- lex 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). Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the main- tenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community-based residential facilities (14 clients or less, not includ- ing drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community-based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory post- secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily 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). Restricted Commercial: Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Resi- dential" subject to the same limiting 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 accommodate 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, typically requiring easy access by personal auto, and often located along arterial or collector roadways, 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 en- tertainment facilities and other commercial activities whose scale and land use impacts are simi- lar 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 per- missible. The nonresidential portions of developments within areas designated as "Restricted Commer- cial" 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 appli- cable 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" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allows a maximum floor area ratio (FAR) of 10 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 two parcels comprising approximately 0.25 acres. The parcels are located within the block bounded by NE 70th Street to the south, N Miami Avenue to the west, NE 71St Street to the north and NE 2nd Avenue to the east. The site is currently designated "Duplex Residential" and "Medium Density Multifamily Residential". Surrounding the subject site is also "Medium Density Multifamily Residential" land use to the north. To the east the 2 designation is "Restricted Commercial", to west the designations are "Duplex Residential" and "Medium Density Multifamily Residential" and to the south of the parcel is a "Duplex Residential" Land Use designation. The subject site is in the Little Haiti NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The parcels are part of a duplex residential and medium density residential neighborhood. • The requested change will represent an intrusion of commercial uses into a duplex residential and medium density residential neighborhood. • A land use change at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications. • The "Duplex Residential" and "Medium Density Multifamily Residential" land use cate- gories allow residential structures to a maximum density of 18 and 65 dwelling units per acre respectively. The requested "Restricted Commercial " designation allows to a maximum density equivalent to "High Density Multifamily Residential" or to 150 dwelling units per acre. This potential increase in residential density will be out of scale with the established neighborhood. • MCNP Land Use Goal LU -1(1) encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods, and (5) promotes the efficient use of land and minimizes land use conflicts. A change to Restricted Commercial is not a logical extension of that category. • MCNP Land Use Policy LU -1.1.3 (1) provides for the protection of all areas of the city from the encroachment of incompatible land uses; and (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety. • MCNP Housing Policy HO -1.1.7, states the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. • MCNP Housing Policy HO -1.1.8 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. • MCNP 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 not be changed. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 09-04 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 2/18/2009 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Estrellita Sibila on behalf of Niclas and Lisanne Pierre RECREATION AND OPEN SPACE Population Increment, Residents 26 Address: 190 NE 71 ST & 185 NE 70 ST Space Requirement, acres 0.03 Boundary Streets: North: NE 71 ST East: NE 2 AV Excess Capacity Before Change 182.80 South: NE 70 ST West: N MIAMI AV Excess Capacity After Change 182.77 Proposed Change: From: Medium Density Multifamily Residential Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.1202 acres @ 65 DU/acre 8 DU's Population Increment, Residents 26 Peak Hour Person -Trip Generation, Residential 5 Transmission Requirement, gpd 5,884 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 0.1202 acres @ 150 DU/acre 18 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 10 Population Increment, Residents 26 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 4,860 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 26 Dwelling Units 10 STORM SEWER CAPACITY Peak Hour Person -Trips 4 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 C2 SOLID WASTE COLLECTION Solid Waste Collection Route 104 Population Increment, Residents 26 Transportation Corridor Name NE 2 AV Solid Waste Generation, tons/year 34 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 766 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 26 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 4 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 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 09-04 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 2/18/2009 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Estrellita Sibila on behalf of Niclas and Lisanne Pierre RECREATION AND OPEN SPACE Population Increment, Residents 45 Address: 190 NE 71 ST & 185 NE 70 ST Space Requirement, acres 0.06 Boundary Streets: North: NE 71 ST East: NE 2 AV Excess Capacity Before Change 182.80 South: NE 70 ST West: N MIAMI AV Excess Capacity After Change 182.74 Proposed Change: From: Duplex Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.1326 acres @ 18 DU/acre 2 DU's Population Increment, Residents 45 Peak Hour Person -Trip Generation, Residential 2 Transmission Requirement, gpd 10,080 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 0.1326 acres @ 150 DU/acre 20 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 11 Population Increment, Residents 45 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 8,325 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 45 Dwelling Units 18 STORM SEWER CAPACITY Peak Hour Person -Trips 9 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 C2 SOLID WASTE COLLECTION Solid Waste Collection Route 104 Population Increment, Residents 45 Transportation Corridor Name NE 2 AV Solid Waste Generation, tons/year 58 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 742 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 45 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 9 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 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 09-04 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 2/18/2009 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Estrellita Sibila on behalf of Niclas and Lisanne Pierre RECREATION AND OPEN SPACE Population Increment, Residents 22 Address: ALLEY BEHIND 190 NE 71 ST & 185 NE 70 ST Space Requirement, acres 0.03 Boundary Streets: North: NE 71 ST East: NE 2 AV Excess Capacity Before Change 182.80 South: NE 70 ST West: N MIAMI AV Excess Capacity After Change 182.77 Proposed Change: From: Alley Concurrency Checkoff OK To: Restricted Commercial Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.0571 acres @ 0 DU/acre 0 DU's Population Increment, Residents 22 Peak Hour Person -Trip Generation, Residential 0 Transmission Requirement, gpd 4,931 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 0.0571 acres @ 150 DU/acre 9 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 5 Population Increment, Residents 22 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 4,072 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 22 Dwelling Units 9 STORM SEWER CAPACITY Peak Hour Person -Trips 5 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 C2 SOLID WASTE COLLECTION Solid Waste Collection Route 104 Population Increment, Residents 22 Transportation Corridor Name NE 2 AV Solid Waste Generation, tons/year 28 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 772 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 22 Capital Improvements Goal CI -1 Peak -Hour Person -Trip Generation 5 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 0150 300 600 Feet I II I I I ADDRESS: 190 NE 71 ST & 185 NE 70 ST r Q NE 23RD ST Z 0 z N W Z ST NE 72ND00' JE 72ND ST MEDIUM DENSITY NE 72ND ST MULTI FAMILY RESIDENTIAL NE.7,1ST TER H cn r W Z NE 71ST ST I HFT INDUSTRIAL NE -70TH -ST --7J._ �a W_ NE -70TH ST DUPLEX LU RESIDENTIAL U)2 Lu O U NE -69TH -ST NE -69TH ST TE y"IIE_I$IHIEI� H to J r W ST W Z U NE 68TH}ST N 0150 300 600 Feet I II I I I ADDRESS: 190 NE 71 ST & 185 NE 70 ST ZONING ATLAS MAP JE 72ND ST NE.7,1ST TER H W Z H NE'72ND ST R-3 RYA NE -70TH -ST NE -69TH -ST C-1 ,f-NE-68TH-TERF—T7 r - H U z NE NE -7 E 0150 300 600 Feet I II I I I ADDRESS: 190 NE 71 ST & 185 NE 70 ST 150 300 600 Feet I I I I I I ADDRESS: 190 NE 71 ST & 185 NE 70 ST tik3 F� City of Miami I°r nk - Legislation PAB Resolution File Number: 08-012071n 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 PROPERTIES LOCATED AT APPROXIMATELY 190 NORTHEAST 71ST STREET AND 185 NORTHEAST 70TH STREET AND ALLEY ABUTTING TO THE EAST, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL; MEDIUM DENSITY MULTIFAMILY 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.3, 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; Medium Density Multifamily Residential to Restricted Commercial for 0.31± acres of real property located at approximately 190 NE 71 st Street and 185 NE 70th Street, Miami, 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; City of _Miami Page I of 2 Printed On: 21512009 File Number: 08-01207lu (d) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development; (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 of Zoning Change From R-2 to C-1 with SD -29 Overlay: Lot 44, Block 2 of DUPONT ADDITION, according to the Plat thereof, as recorded in Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, Florida. AND That portion of that certain 12 foot North-South Alley lying between Block 1 and Block 2 as recorded in the Plat of DUPONT ADDITION, in Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, and more particularly described as follows: That portion of the 12.00 foot North-South Alley, aforementioned, adjacent to said Lot 44 as above described, and lying between the Easterly extension of the North boundary line of said Lot 44 and the Northerly right of way line ofNE 70 Street, and lying between the East line of said Block 2 and the West line of Block 1 of said DUPONT ADDITION. All of the above containing 7062 square feet, or 0.16 acres, more or less. From R-3 to C-1 with SD -29 Overlay: Lot 1, Block 1 of DUPONT ADDITION, according to the Plat thereof, as recorded in Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, Florida. That portion of that certain 12 foot North-South Alley lying between Block 1 and Block 2 as recorded in the Plat of DUPONT ADDITION, in Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, and more particularly described as follows: That portion of the 12.00 foot North-South Alley, aforementioned, adjacent to said Lot 1 as above described, and lying between the Easterly extension of the South boundary line of said Lot 1 and the South right of way line ofNE 71 Street, and between the East line of said Block 2 and the West line of Block 1 of said DUPONT ADDITION. All of the above containing 6402 square feet, or 0.15 acres, more or less. Iimp 9e1TE c. HEARING BOARDS 444 SW 2"d Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com/hearing I OQ_O� w.miamigov.com/hearing boards PUBLIC HEARING APPLICATION FOR AN Planning Designee Initial & Date ('Sz a,n JD/-7/Q9 9 p� -� Ie f1�+ 67�=01 ;�C)q1 U AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. 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. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. 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. The deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm, and on the fifth day, at 12:00 pm. 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 applications 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. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed Zoning Referral. 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. Copies of City Commission resolutions 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. 09-04-07 For information about Amendments to the Miami Comprehensive Neighborhood Plan, please see Section 62-32 Periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report of the Miami City Code. I, Estrellita Sibila on behalf of Niclas and Lisanne Pierre, hereby apply to the Miami City Commission for approval in accordance with Sec 62-32 of the Miami. City Code, and in support of that request, furnish the following: 1. Obtain signature or initial and date by the Planning Department designee prior to submittal. 2. The property/location listed does not have any open code enforcement/lien violations. 3. Address(es) and folio(s) of property: 190 NE 71 Street and 185 NE 70 Street having numbers 01-3113-057-0050• and 01-3113-057=0400 and abutting alley to the east 4. Current designation: Duplex Residential and Medium Density Multifamily Residential 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? NO If yes, has the property been granted a change in plan designation within the last year? NO 7. Two (2) 11x17" original and'one (1) 8'/z 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. 8. At least two photographs that show the entire property (land and improvements). 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 10. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description. 11. What is the acreage of the project/property site? 0.31 acres 12. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3d Floor for information. NO 13. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. NO 14. If only filing this application and not a change of zoning, please submit a (an): a) Affidavit of Authority to Act; b) Disclosure of Ownership of.all owners and contract purchasers; c) List of property owners within 500 feet of the subject property. 15. For corporations and partnerships indicated, the following documents are to be submitted: a) Articles of Incorporation; b) Certificate from Tallahassee less than one (1) year old showing good standing; Rev. 09-04-07 2 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. 16. All documents, reports, studies, exhibits (8 '/z x11 ") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 17. 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 Ord#Nnce 92719, all planning and zoning fees in excess of $25,000.00, shall be paid in the fo n oa ertified check, cashier's check, or money order. Signature U r Address 2525 Ponce de Leon Blvd, #700 Name Estrellita Sibila Esq. Miami, Florida. 33134 Telephone (305) 854-0800 E-mail Esibila(cD-wsh-law.com The application submittal date is the date stamped by Hearing Boards' staff on the front p _ge. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of Cc 2008, by Estrellita Sibila, Esq. who is a(n) agent of Niclas and Lisanne Pierre. She is personally known to me or who has produced as identification and who i did not) tae an oath. (Stamp) Signature °StiRY r�B�i nMMILYN SOMODEVILL4 .. * MY COMMISSION J OO 704M EXPN9TF2011 OF FL°Bonded Thorg 8u RES:let Notary S' Rev. 09-04-07 3 POWER OF ATTORNEY I, Niclas Pierre & Lisanne Pierre, do by these presents hereby make, constitute and appoint ESTRELLITA SIBILA, TONY RECIO`and GILBERTO PASTORIZA of the law firm of Weiss, Serota, Helfinan, Pastoriza, Cole & Boniske, PL. of the County of Miami -Dade and the State of Florida true and lawful Attorney -in -Fact for me and in my name, place, stead, to sign on my behalf, and do all acts necessary, including speak at a public hearing, in furtherance of the applications for public hearing before the Zoning Board, Planning Advisory Board and/or Miami City Commission for the comprehensive plan amendment, zoning change and alley closure applications affecting the properties located at 7012 NE 2 Avenue, 7020 NE 2 Avenue, 185 NE 71 Street, and 190 NE 71 Street, City of Miami, Florida. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as the grantors might or could do if personally present, with full power of substitution. Signed, witnessed, executed and acknowledged on this :t�ay of o (_46p 2008. WI ESS7 ES• �€. SignP Print Name Signature -� (2L Print Name NICLAS PIE Niclas Pi rre Address: -'u LISANNE PIERRE Lisanne Pierre Address: v � ? [notary acknowledgement on next page] STATE OF �fiC CX COUNTY OF/'� The foregoing instrument was acknowledged before me by Niclas Pierre, who is, rsona y known to me or has produced as identification. Witness my signature and official seal this eday of County and State aforesaid. j STATE OF .� COUNTY OF 2008, in the Notaryijublic State of "/O -f-e o& -t- Print Name: Commission No.: °j; ••••e`er ERNAND MONPREMIER p * MY COMMISSION # DD 496853 : Commission ExpiresEXPIRES: February 10, 2010 Nr-fTBOFFI.OP`OY Bonded Thru@udgot Notary Services The foregoing instrument was acknowledged before me by Lisanne Pierre, who is personally known to me or has produced as identification. Witness my signature and official County and State aforesaid. 3?day of G ; 2008, in the Commission Expires: ) MONPREMIER SSION # DD 496853 February 10, 2010 Budget Notary Services CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the managing member of NAPOLEON REAL ESTATE GROUP, LLC (the "Company"), a limited liability company existing under the laws of the State of Florida, that the followiw is a true and correct copy of the resolutions adopted by the its members at a meeting held on at the offices of the Company. RESOLVED by the members of this Company that the Company consents to and joins in the filing with the City of Miami an application for plat approval of the LISANNE SUBDIVISION and Public Hearing Application for an Official Vacation and Closure of a Public Right -of -Way, zoning and comprehensive plan amendment applications related to the properties legally described as Lots 1 through 8 in Block 1, and Lots 1 and 44, Block 2, of DUPONT ADDITION, according to the Plat thereof as recorded in Plat Book 13, Page 56 of the Public Records of Miami -Dade County, Florida (the "Applications"); and be it FURTHER RESOLVED that Gilberto Pastoriza, Esq., Estrellita Sibila, Esq. and Tony Recio, Esq. of the law firm of Weiss Serota Helfman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents pertaining to the Applications and to act on behalf of the company at all associated meetings and public hearings related to the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated thisday of �- , 2008. NAPOLEON REAL ESTATE GROUP, LLC By: Its: State of Florida County of (motif fa—� I HEREBY CERTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appearec�� _12! _-,".) A)IM6 fQ--7 , the managing manager of NAPOLEON REAESTATE GROUP, LLC, a Florida limited liability company, to me personally known ri or produced identification in the form of , and who executed the foregoing resolution and acknowledged before me that she executed the same for the purposes herein expressed. WITNESS my hand andia�the county and state last aforesaid, thisd �-ody of �, 2008. NICLAS PIERRE MY COMMISSION # DD792504 EXPIRES June 18, 2012 AFFIDAVIT OF AUTHORITY TO ACT w Before me, the undersigned, this day personally appeared Estrellita Sibila, who being by me first deposes and says: 1. That she is the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners who 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, X including or ❑ not including responses to day to day staff inquires. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the 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. Estrellita Sibila / Legal Representative Name Lig R esentative Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this � 4 day of October 2008, by Estrellita Sibila, Esq. who is a n a ent of Niclas and Lisanne Pierre and Napoleon Real Estate Group, LLC. e is personally known to me who has produced as identification and who did (did no a e an oa WWc.MAW (Stamp) = mycommISSION#DD 757411 Signature EXPIRES: February 11,.2012 i ewwTNuNot9yPW*cUndamftrs Rev. 09-20-06 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage Miami City Code requires disclosure of all parties having direct or indirect, with respect to a presentation, request disclosure of shareholders of corporations, beneficiaries interested parties, together with their address(es) and required. Please supply additional lists, if applicable. Owner's Name(es) Niclas and Lisanne Pierre - 100% of ownership. Note: The a financial interest, either or petition. Accordingly, of trusts, and/or any other proportionate interest are Subject Property Address(es) 7012 NE 2 Avenue; 7020 NE 2 Avenue; 185 NE 71 Street; and 190 NE 71 Street Telephone Number (305) 854-0800 E-mail Address c/o Estrellita Sibila ESibila(a-),wsh-law.com 2. Street address and legal description of any property owned by any and all parties listed in answer to question #1 located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address Legal Description n/a Estrellita Sibila Owner(s) or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE s)`6r Attorney Signature d d before me this da of CatoLer- 2008,byEstrellitaSibill,a The f�reg�Ing was ackn�wle ge %� y Es.who is a(n) agent of Niclas and Lisanne Pierre. She is ersona y nown to e or who has produced as identification and who Id (did not) take an oath.He/She is per—so wn�Pt r who has produced as identification and who did :DATT no oath. A , N A A (Stam WSANC. MACEr MY COMMISSION # DD 757411 En aI EXPIRES: February 11, 2012 , Bonded Thor Notary Public Underwriter$ Exhibit "A" Legal Description of Zoning Change From R-2 to C-1 with SD -29 Overlay: Lot 44, Block 2 of DUPONT ADDITION, according to the Plat thereof, as recorded in Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, Florida. That portion of that certain 12 foot North-South Alley lying between Block 1 and Block 2 as recorded in the Plat of DUPONT ADDITION, in Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, and more particularly described as follows: That portion of the 12.00 foot North-South Alley, aforementioned, adjacent to said Lot 44 as above described, and lying between the Easterly extension of the North boundary line of said Lot 44 and the Northerly right of way line of NE 70 Street, and lying between the East line of said Block 2 and the West line of Block 1 of said DUPONT ADDITION. All of the above containing 7062 square feet, or 0.16 acres, more or less. From R-3 to C-1 with SD -29 Overlay: Lot 1, Block 1 of DUPONT ADDITION, according to the Plat thereof, as recorded in Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, Florida. .gym That portion of that certain 12 foot North-South Alley lying between Block 1 and Block 2 as recorded in the Plat of DUPONT ADDITION, in Plat Book 13 at Page 56 of the Public Records of Miami -Dade County, and more particularly described as follows: That portion of the 12.00 foot North-South Alley, aforementioned, adjacent to said Lot 1 as above described, and lying between the Easterly extension of the South boundary line of said Lot 1 and the South right of way line of NE 71 Street, and between the East line of said Block 2 and the West line of Block 1 of said DUPONT ADDITION. All of the above containing 6402 square feet, or 0.15 acres, more or less. r °E'+., City of Miami Public School Concurrent Concurrency Management System Entered Requirements Applicant Fields Information Application Type Application Sub -Type C g, • 't Application Name Application Phone Application Email *Ps i I i A • LA Application Address * Alb 6 / lb f f ( Q Sf Contact Fields Information Contact Name * g I Contact Phone * 305' 4q- 01906 Contact Email * Sf j % - Law - coyn Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * J-3) t 3'0—(pQd Additional Folio Number 1 . 3113 . v LI Qp Total Acreage * a/ 0-r ej Proposed Land Use/Zoning *Res 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 STATE OF FLORIDA C er(s tt y/Applicant Signature COUNTY OF MIAMI-DADE _ (f� jjVf0regoing w kno �fq1r me this _l.�Y day of 06jr 20 by Jb (IA-, who is a(n) individual/partner agent/corporation of a(n) WdjxUpartne He/She is personally known to meq or who hasp oduced as identification and who did (did not) mice an oath. (Stamp) PPANEL RODRIGUEZ MY COMMISSION # DD 681036 a EXPIRES: June 12, 2011 'r ur FyYe' Bonded Thru Notary Public Underwriters 6 y1s, ` L LC ord and Title Te, m to: r OL , I lfllil filll;1111 iflll fflll Illlf Illlf 11111111 941 N. 73rd Avenue CFN 2004RO909469 Hollywood, FL 33024 OR el; 2273E Ps 1069; (ios ) 954-981-6022 RECORDED 10/18/2004 0851:13 DEED DOC TAX 1,860.00 koWJo 01-3113-05'1 -0000 HARVEY ir395.a0 HARVEY RUVINr CLERK OF COURT Prepared by and return to: MIAMI-DADE COUNTYr FLORIDA ANA MARIA ANGULO LAST PAGE 5975 Sunset Drive Suite 503 South Miami, FL 33143 File Number: S-DUBOIS-PNR [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 7th day of September, 2004 between RAPBAEL GERARD DUBOIS, an unremarried widower whose post office address is Dubois Shopping Center, Delmas 27-29 Ct., -A 13, Po Au-Prince, Haiti, W.I. grantor, andrLISANNE PIERRE whose post office address k 3), � • �{ � ✓ . grantee: (liCIGS P,e/(( kir' Y}LLSblvid Q m ro L IYLQ{j /(, (72r-} (whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami-Dade County Florida to-wit: Lots 1 thru 4, inclusive, in Block 1, Lot 1 less the North 10', in Block 2, and Lot 44, in Block 2, of DUPONT ADDITTON,.according to the Plat thereof, as recorded in Plat Book 13, at Page 56, of the Public Records of Miami-Dade County, Florida. a/k/a 7010 NE 2nd Avenue (Folio: 01-3113-057-0020) 9012 NE 2nd Avenue (Folio: 01-3113-057-0010) . 190 NE 71st Street (Folio: 01-3113-057-0050) 185 NE 70th Steet (Folio: 01-3113-057-0400) Parcel Identification Number: Seller warrants and represents that he and SOLANGE LACROIX IXMOIS w6re continuously married to one another front a time prior to the time in which they took title throe h the date of her death which was on February 9, 1998, to the itubJect SUBJECT TO: Taxes for the year 2004 and subsequent years. Conditions, Restrictions, Dedications, Covenants and prop. Easements of record. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor.hereby fully warrants the title to said land and will defend the- same against the lawful claims of all persons whomsoever; and that said land. is free of all encumbrances, except taxes accruing subsequent to December 31, 2003, In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ----� (Seal) Witness Name: hAA&Af-YCADjrHDY AAPHAEL GERARD DUBOIS Witness Name: `.tc- RepublicofHaiti p /r� City of PO Pcr-AL - rA0 C The foregoing instrument was acknowledged before' me this R-6 day of September, 2004 by RAPHAEL GERARD DUBOIS, who L] is personally known or [X] has produced a driver's license as identificatio [Notary Seal] Notary'Pu61ic -0v Printed Name:`. %H F V g 7- , R N A R iL_ =� / -My' onunissidn Expires: a t rVE "•r `` h+r:�,,.:!}+,+s+++•,, DoubleTimee . fAd Qnr,1.777'2S�/Doc odOaQ r C:N[4f0nn.lnonona0 Dnr,o I of I 08-01207lu- 190 NE 71 ST- Analysis08-01207lu- 190 NE 71 ST- AnalysisFrom: concurrency@dadeschools.net [mailto:concurrency@dadeschools.net] Sent: Wednesday, January 28, 2009 2:15 PM To: esibila@wsh-law.com; esibila@wsh-law.com; Gay, Gregory; concurrency@dadeschools.net Cc: cyordan@dadeschools.net; wmurillo@dadeschools.net; tchau@dadeschools.net Subject: Application submitted. Wednesday, January 28, 2009 Dear: Estrellita Sibila 305-854-0800 esibila(d)wsh-law.com Pierre & Napoleon RE Group, LLC c/o Estrellita Sib 305-854-0800 esibila(d)wsh-law.com 190 NE 71 Street & 180 NE 70 Street Miami has submitted Application No.PH0109012700082 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 # 08-01207 Folio Number: 0131130570050 0131130570400; Applicant Name: Pierre & Napoleon RE Group, LLC c/o Estrellita Sib; 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 PH0109012700082 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.