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Home My WebLink AboutPZAB 01-15-14 Supporting DocumentsPZAB.1 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: City Commission: 13-008641u Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 19 NORTHWEST 41ST STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 19 NW 41st Street [Commissioner Keon Hardemon - District 5] Mario Garcia -Serra, Esquire, on behalf of Courtney Properties, LLC 333 SE 2ND Avenue Miami, FL 33131 (305) 579-0837 This will change the above properties from "Duplex Residential" to "Low Density Restricted Commercial". Denial. See supporting documentation, Continued from September 23, 2013. Deferred on October 24, 2013. ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 19 NW 41st Street File ID 13-008641u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Duplex Residential" to "Low Density 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 Map and the "Interpretation of the Future Land Use Map." The "Duplex Residential" land use category 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 ser- vice for facilities and services included in the City's adopted concurrency management require- ments. Community based residential facilities (14 clients or less, not including drug, alcohol or correc- tional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are al- lowed only in contributing structures within historic sites or historic districts that have been des- ignated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). The "Low Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residen- tial" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, li- braries, convention facilities, places of worship, and primary and secondary schools. Also al- lowed are 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 col- lector roadways, which include: general retailing, personal and professional services, real es- tate, banking and other financial services, restaurants, saloons and cafes, general entertain- ment facilities, private clubs and recreation facilities, major sports and exhibition or entertain- ment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and liv- ing quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Restrict- ed Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. 1 DISCUSSION The subject area consists of one parcel comprising approximately 0.165 acres. It is located in the southeast area of the block bounded by NW 42nd Street on the north, N Miami Avenue on the east, NW 41st Street on the south, and NW 1st Avenue on the west. The site and the areas to the north, northwest, and west are currently designated "Duplex Residential". The area to the southwest is designated "Single Family Residential". A "General Commercial" Future Land Use designation is to the northeast, east, southeast, and south along the N Miami Avenue commercial corridor. 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 property is surrounded on the north, west and southwest by an established single family and duplex residential community. • 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 throughout this neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Residential" land use category allows residential structures up to two dwelling units each to a maximum density of 18 dwelling units per acre. The requested "Low Density Commercial" designation allows density equivalent to "Low Density Multifamily Residential" or 36 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 Low Density Restricted Commercial is not a logical extension of that category; "Low Density Restricted Commercial" land uses would represent a potential intrusion of commercial uses into a stable residential neighborhood. • 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. The potential commercial uses may be incompatible with the residential areas. Commercial uses should be limited to the commercial corridor along N Miami Avenue. • 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. The pro- posed change would allow for larger scale and commercial uses that could potentially nega- tively impact the 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. 2 • The 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. See attached Concurrency Analysis. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The approved Miami 21 zoning designation on this parcel is T3-O — "Sub -Urban — Open" and the proposed designation is T4-L — "General Urban — Limited". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. 3 Proposal No 13-008641u Date: 09/18/2013 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Mario Garcia -Serra, Esq., on behalf of Courtney Properties, LLC Address: 19 NW 41 ST Boundary Streets: North: NW 42 ST East: N MIAMI AV South: NW 41 ST West: NW 1 AV Proposed Change: From: Duplex- Residential To: Low Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.1700 acres @ 18 DU/acre 3 DU's Peak Hour Person -Trip Generation, Residential 2 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.1700 acres @ 36 DU/acre 6 DU's Peak Hour Person -Trip Generation, Residential 5 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 8 Dwelling Units 3 Peak Hour Person -Trips 2 Planning District Little Haiti County Wastewater Collection Zone 308 Drainage Subcatchment Basin E2 Solid Waste Collection Route 109 Transportation Corridor Name N MIAMI AV RECREATION AND OPEN SPACE Population Increment, Residents 8 Park Within 10 Minute Barrier -Free Walk Yes % Population Outside of Barrier Free Walk A N/A Excess Capacity After Change N/A Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 8 Transmission Requirement, gpd 1,219 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASD Permit Required SANITARY SEWER TRANSMISSION Population Increment, Residents 8 Transmission Requirement, gpd 1,109 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASD Permit Required STORM SEWER CAPACITY Exfiltration System Before Change On -site Exfiltration System After Change On -site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 8 Solid Waste Generation, tons/year 10 Excess Capacity Before Change 800 Excess Capacity After Change 790 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 (See attachment 1) Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g TRAFFIC CIRCULATION Population Increment, Residents 8 Peak -Hour Person -Trip Generation 2 Concurrency Checkoff OK NOTES 1. Permit for sanitary sewer connection must be issued by Miami -Dade Water and Sewer Authority Department (WASD) Excess capacity, if any, is currently not known Low Density Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density ASSUMPTIONS AND COMMENTS Population increment is assumed to be at new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; 5 not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. equivalent to "Low Density Multifamily Residential" sublect to the same limiting conditions; transitory residential facilities such as hotels and motels;generel office use; clinics end laboratories commercial activities that generally serve the dailyretailing 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, restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, places of workshlp, and primary and secondary schools. .This category also includes commercial marinas and living quarters on vessels as permissible. Allow max heggh 4 stories (height up to 25 ft for the ground floor and up to 14 ft for each additional floor CM 1 IN 03/13/90 FUTURE LAND USE MAP (EXISTING) i NW 44TH ST NW 42ND ST Duplex - Residential NW 41ST ST ( 11 I I Single. Family - Residential NW 40TH ST NW 39TH ST Low Density Restr'cted Commercial ■ L LI_I NW 38TH ST j 19oKRANIP= 0 150 300 I i t 600 Feet N MIAMI AV NE 44TH ST Buena Vista East II NE 43RD ST NE 40TH ST NE 39TH ST ADDRESS:19 NW 41 ST FUTURE LAND USE MAP (PROPOSED) NW 44TH ST NW 42ND ST ra E E- 0 Ci 0 Duplex - Res dential —Low Density Restricted Commercial I I NW 41ST ST Single Family - Residential NW 40TH ST NW 39TH ST Low Density Restricted Commercial ■ ) A NW 38TH ST i 1g5.ON:RpMP= •lIU.IIIMIII.111.11I.III.III.111III1II III■111•I ■ ■ I N MIAMI AV NE 44TH ST Buena Vista East NE 43RD ST NE 42ND ST Duplex - Residential NE 41ST ST NE 40TH ST NE 39TH ST 0 150 300 600 Feet ADDRESS:19 NW 41 ST u 150 mm ADDREGG1SNVY418T PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING RE -ZONING 19 NW 41 Street 19 NW 41 STREET PR-13-084 ZONING DESIGNATION:T3-L NET DISTRICT: LITTLE HAITI 7.17.13 The project is subject to review and compliance with the requirements of all City departments, as applicable. The following comments were generated based the Pre -application meeting of July 17, 2013 and are intended to assist and expedite permit applications based on the applicant's voluntary modifications of the project / plans suggested herein. This application has been reviewed for the following permit: o Re -zoning, pursuant to Article 7, Section 7.1.2.8 (c) (1) allows the request of a zoning change from T3-L to T4-L. The following comments should be addressed: 1. Along with the re -zoning request, this application also requires a Land Use change. The applicant needs to apply for the Land Use change with the re -zoning. The applicant may contact Harold Ruck at 305.416.1424 within the Planning and Zoning Department concerning the specific Land Use change required with the zoning change. 2. The applicant may need to provide School Concurrency. You may also contact Harold Ruck at 305.416.1424 to confirm if School Concurrency is required. If so, the applicant may contact Gary Gay at 305.416.1416 within the Planning and Zoning Department concerning the reservation of School Concurrency. Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment fu rther on the project as details and/or explanations are provided and may revise previous comments based on this additional information. *** Please note that the Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. COMPREHENSIVE PLAN APPLICATION PLANNIECIE NG DEPARTME f PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SE9100 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416- 3b8 pM 3: 20 www.miamigov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. 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. 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 prior to submittal 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'/2x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. 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. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Mario Garcia -Serra, Esquire on behalf of Courtney Properties, LLC 2. Subject property address(es) and folio number(s): 19 NW 41 Street — Folio No. 01-3124-020-0860 3. Present designation(s): Duplex Residential 4. Future designation(s): Low Density Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? no 7. 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 8. One (1) original, two (2) 11 x17" copies and one (1) 8'hx11 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. 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 to match the legal description on the survey. 10. 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. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. 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. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev. 07-2012 2 COMPREHENSIVE PLAN APPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? 0.17 acres 20. What is the purpose of this application/nature of proposed use? Comprehensive change from Duplex Residential to Low Density Restricted Commercial. 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. no 24. What would be the anticipated duration of the presentation in front of the: X Planning, Zoning and Appeals Board 15 mins and/or X City Commission 15 mins 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature Name Mario Garcia -Serra Address 333 SE 2 Avenue Miami, FI 33131 Telephone 305-579-0837 E-mail Garcia-serramqtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ID day of July 20 13 , by Mario Garcia -Serra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 07-2012 1 s°P °�;,'„ MARISOL RODRIGUEZ r •''' ` = Notary Public • Stale of Florida `i ; ,,i, 4«?; Q? My Comm Expires Sep 27, 2014 Commission # EE 30092 AM, AIM 3 COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY T 0 ACT Before me this day, the undersigned personally appeared Mario Garcia -Serra, Esquire , 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, X including or 0 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. Mario Garcia -Serra, Esquire Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE (' The foregoing was acknowledged before me this �b day of July 20 13 , by Mario Garcia -Serra who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature , MARISOL RODRIGUEZ Notary Public - State of Florida • My Comm Expires Sep 27, 2014 Commission # LE 30092 Rev. 07-2012 4 MIA 183375914v1 COMPREHENSIVE PLAN APPLICATION DISCLOSURE OF 0 WNERSHIP 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) Courtney Properties, LLC Percentage of Ownership Henry Courtney 50% Margarita Courtney 50% Subject Property Address(es) 19 NW 41 Street See attached Exhibit "A" for Legal Description 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): Legal Description(s): 4100 N. Miami Avenue Henry Courtney Owner(s) or Attorney Name BUENA VISTA HGTS ADD AMD PL LOT 1 LESS E1 OFT BALL LOT 2 BLK 5 s) or tt• rney ag atute STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ��jj The foregoing was acknowledged before me this _a__ day of July 20 13 , by Henry Courtney who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature ,o1P"Y sea,, MARISOL RODRIGUEZ Notary Public - State of Florida '-` 4117 My Comm. Expires Sep 27, 2014 %OFf�•' Commission # EE 30092 Rev. 07-2012 MIA 183375914v1 5 LEGAL DESCRIPTION: LOT 3, BLOCK 5, OF BUENA VISTA HEIGHTS ADDITION AMENDED PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 22, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Rezoning Application Name * Courtney Properties, LLC Application Phone * 305-358-1057 Application Email * courtneylawfirm@gmail.com Application Address * 19 NW 41 Street Contact Fields Information Contact Name * Mario Garcia -Serra, Esquire Contact Phone * 305-579-0837 Contact Email * garcia-serram@gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email ggavOmiamigov.cc m Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3124-020-0860 Additional Folio Number Total Acreage * 0.17 Proposed Land Use/Zoning * Low Density Restricted Commercial Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 6 Total # of Units * 6 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local govemment 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 govemment shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). * Required Fields for Application Mario Garcia -Serra, Esquire Owner(s)/Attomey/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 2013 by Mario Garcia -Serra, Esquire wner(s)/Attorn�j/Applic Signature day of duly who is a(n) individual/partner/agent/corporation of a(n) individuaUoart�ners ip/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) . a .re orlibrOilbarlis , MARISOL RODRIGUEZ a : Notary Public State of Florida .a My Comm Expires Sep 27. 2014 �;f «F:' Commission # EE 30092 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies. councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. ' NAME: IIOME ADDRESS: CITY: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE: Florida IiP: HOME PHONE: CELL, PHONE: FAX: EMAIL: BOSSINESS or APPLICANT or EN"I"ITY NAME Courtney Properties, LLC BUSINESS ADDRESS: 5151 Pine Tree Drive (Address Line 1) Miami, Florida 33140 (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. Approval of rezoning and land use change for property at 19 NW 41 Street, Miami, Florida 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES X❑ NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone* a. n/a b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. n/a 5. Describe what is being requested in exchange for the consideration. n/a ACKNOWLEDGEMENT OF COMPLIANCE. I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same is lie shall be rev' wed or considered by the applicable board(s) until expiration a eriod of one ye after the nullification of the application or order. PERSON SU13M1YT1NG DISCLOSURE: a re e't / Prin ame , 2OO/ __ The lbregoing produced take an oath. Sworn to and subscribed he/bre me this p day of _f instrument was acknowledged before me by as identification and/or is . who has personally known to me and who did.idid not — — — STATE OF FLORIDA CIOF MISSI MY COMMISSION EXPIRES: 1 o:Ha Pis°;,� MARISOL RODRIGUEZ I Enelosure(s) (? Doc. No.:8G543 ,i, ,Frillro't 1n£ublic • Stare of Hon0a NIII] vc My Comm. Expires Sep 27, 2014 e ,< <`',,Page ' '�` Commission # EE 30092 ' 2 alc.I9230PC 734 AEC. THIS INSTRUMENT PREPARED BY AND RETURN TO: MARC L. FAUST, ESQ. KATZ, BARRON. SQUrrERO & FAUST. P.A. 2699 SOUTH RAYSHORE DRIVE. TT11 FLOOR MIAMI. FLORIDA 33133 00R382589 2000 AUG 08 J5:57 DOCSTPDEE 57850.00 SURTX 47387.50 ItARVEY RUVIN/ CLERK DADE COUNTY/ FL REAL PROPERTY TAX FOLIO NOS. 01-3124-020-0850 AND 01-3124-020-0860 WARRANTY DEED THIS WARRANTY DEED, made this Yr day of August, 2000, between GUI L.P. GOVAERT, individually and as Trustee, -hereinafter icfAred to as the "Grantor", and COURTNEY PROPERTIES, L.L.C., a Florida limited liability company, having its address at 5151 Pine Tree Drive, Miami, Florida, hereinafter jointly rcfeired to as the "Grantee". (Wherever 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). WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Miami -Dade County, Florida, to -wit: Lot 1, less the East 10 feet thereof, and all of Lots 2 and 3, all in Block 5, of BUENA VISTA HEIGHTS ADDITION AMENDED PLAT, according to the Plat thereof, as recorded in Plat Book 3 at Page 22 of the Public Records of Miami -Dade County, Florida. SUBJECT to the following described matters: Taxes for the year 2000 and subsequent years. 2.: Comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governtnenatal authority. 3. Restrictions and matters appearing on the Plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; public utility easements of record. 4. Purchase Money First Mortgage of even date herewith wherein Grantor herein is the Mortgagee and Grantee herein is the Mortgagor in the original principal amount of S780,000.00. Page 1 of 2 .._ ill •NL...-._..`11-: _;wn' 'i -.Ili•. t•'•�C}.,... .. RC.19230n T35 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 31,1999 and that said land. is not now and never has been the homestead of the Grantor. Signed, sealed and deliin the presence of: ,'individually an 00 North Miami Avenue Miami, Florida 33127 [sign and print above] The fo instrument was acknowledged before me, a notary public, in the County and State last aforesaid, this'? ' day of August, 2000, by GUI L.P. GOVAERT, individually and as.Trustee [ ] who is personally known to me, or [ ] who has produced �to�+D�1 DRIUr=L ucc-edsr as identification. My Commission Expires: EXACTA L C MNltt-lCFAL SURVEYORS, INC. 3460 FAIRLANE FARMS ROAD, SUITE 6 WELLINGTON, FL. 33414 TEL: 561-314-0769 FAX: 561-314-0770 EXACTA COMMN:RCIAL LAND SURVEYORS L.B. 7551 --SKETCH OF BOUNDARY -SURVEY LOT 3, BLOCK 5 BUENA VISTA HEIGHTS ADDITION AMENDED PLAT PLAT BOOK 3, PAGE 22, M.D.C.R. 19 N.W. 41st STREET, MMMI, FL 33127 • 0 A LEGEND: M.D.C.R. MIAMI-D4DE COUNTY RECORDS ID_ . IDENTIFICATION LB . UCENSED BUSINESS (P). .DENOTES BEARING AND/OR DISTANCE BASED ON RECORD INFORMATION (P). .DENOTES BEARING AND/OR DISTANCE BASED ON PLATS OF RECORD P.B.C). .CALCULATED END OF FENCELINK KHFIN LINK FENCE (MA) .CRY OF MIAMI MUNICIPAL ATLAS M x x-X x PG.. .PAGE(S) CENTERLINE UNABLE TO SET OVERHEAD WIRES MONUMENT •CATCH BASIN (INACCESSIBLE) .WOOD POWER POLE 0.2' W. •SIGN •PARKING METER sl •BRAEK IN UNE SCALE VIEW 1 VIEW 1 A NOT TO SCALE NORTH RIGHT OF WAY LINE OF N.W. 41st STREET W O 0 END OF WALL IS 0.1' W. SET 5/8" IRON ROD & CAP, LB. 7551 MONUMENT UNE (MA)\ O O • LOT 22, BLOCK 5 BUENA VISTA HEIGHTS ADDITION AMENDED PLAT P.B. 3, PG. 22, M.D.C.R. I 6'ICONCRETE WALLI 5 PAF(KING SPACES II I I I ASPHALT LOT 3 BLOCK 5 III II 5 PAi KING Si ACES I I IPLA❑NTEi 5 PARKING +ACES I II I I ASPHALT I I ® I I �II II 5 PARI(ING S+CES PLANTER AREA SET 5/8" IRON ROD & CAP, L.B. 7551 N 89'14'46" W p 50.00' (R) NCRETE SIDEWALK O 6' CHAIN LINK FENCE Imo - n ^Y N 2 PARKING OFFSITE SPACES I I ASPHALT PAVEMENT \I N.W. 41st STRE 55' RIGH7 OF WAY (R) SURVEY NOTES: 1. THIS SURVEY REPRESENTS A BOUNDARY SURVEY AS DEFINED BY MINIMUM TECHNICAL STANDARDS FOR SURVEYING AND MAPPING, CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODES. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THE BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF S.00'31'44"W., ALONG THE MONUMENT UNE OF NORTH MIAMI AVENUE, AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR NORTH MIAMI AVENUE, SECTION 87550-26012, SHEET 2 OF 6. 3. THE PROPERTY CONTAINS 0.17 ACRES (7,200 SQUARE FEET) MORE OR LESS. 4. THE PROPERTY SHOWN HEREON LIES WITHIN FLOOD ZONE X, AS SHOWN IN FLOOD INSURANCE RATE MAP NUMBER 12086C 0304 L COMMUNITY NUMBER 120650, CITY OF MIAMI, MMAMI-DADE COUNTY, FLORIDA. MAP REVISED DATE SEP:EMBER 11, 2009. 5. THE SURVEYOR DID NOT DETERMINE OWNERSHIP OF FENCES AND WALLS. SUBSURFACE UTILMES, FOUNDATIONS AND ENCROACHMENTS WERE NOT LOCATED AND ARE NOT SHOWN HEREON. 6. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. THE SYMBOLS REFLECTED IN THE LEGEND AND ON THIS SURVEY MAY HAVE BEEN ENLARGED FOR CLARITY. THE SYMBOLS HAVE BEEN PLOTTED AT THE CENTER OF THE FIELD LOCATION AND MAY NOT REPRESENT THE ACTUAL SHAPE OR SIZE OF THE FEATURE. 8. THE INFORMATION DEPICTED ON THIS SURVEY REPRESENTS THE RESULTS OF A FIELD SURVEY ON THE DATE INDICATED AND CAN ONLY BE CONSIDERED AS A REPRESENTATION OF THE GENERAL CONDITIONS EXISTING AT THAT TIME i�► 0 NW 44th 51 NW 42nd St UNABLE TO SET MONUMENT Uth St (INACCESSIBLE) END OF WALL IS 1.2' E. GATE CONCRETE DROP CURB 0.5' CONCRETE CURB (TYPICAL) NW 41st St NW 39th St NE 43rd St NE42nd 5t NE NE .101 NE 39th St LOCATION MAP NOT TO SCALE N 89'14'46" W130.09' (C) 11 SCALE: 1 " = 20' 0 20 GRAPHIC SCALE FOUND NAIL & DISC, NO I.D. S. v ON 4" X 4" CONCRETE �1 I MONUMENT MONUMENT AT P.I. n o CLINE (MA) FOUND NAIL & DISC, NO I.D. N.E.\ 41 th ION 4MONUMENT AT P.E �STREETI� SURVEY NOTE: (co1mNuEO) 9. EXACTA COMMERCIAL SURVEYORS, INC., DID NOT SEARCH THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA FOR OWNERSHIP, RIGHTS -OF -WAY, EASEMENTS OR OTHER MATTERS AFFECTING THE PROPERLY BEING SURVEYED. THERE MAY BE ADDITIONAL RESIKICTIONS NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LEGAL DESCRIPTION: LOT 3, BLOCK 5, OF BUENA VISTA HEIGHTS ADDITION AMENDED PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 22, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THIS SURVEY IS CERTIFIED TO: HENRY COURTNEY. CERTIFICATE: THIS IS ID CERTIFY THAT THIS BOUNDARY SURVEY WAS MADE UNDER MY RESPONSIBLE CWRGE AND IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. JAVIER DE IA ROCHA PROFESSIONAL SURVEYOR AND MAPPER N0. 8080 STATE OF FLORIDA EXACTA COMMERCIAL SURVEYORS, INC. LB. 7551 CLIENT: HENRY COURTNEY DATE 07/02/13 DRWN BY J.E.C. LAST FIELD DATE 06/20/13 JOB NO. FL 1306-1949