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Home My WebLink AboutPZAB 03-21-12 Supporting DocsPZAB.4 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Land Use: Proposed Land Use: Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 12-000831u 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 LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 4136 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 4136 N. Miami Avenue [Commissioner Michelle Spence -Jones - District 5] Javier F. Avino, Esquire, on behalf of One Fountainhead Center, LLC 333 Avenue of the Americas Miami, FL 33131 (305)579-0703 Low Density Restricted Commercial General Commercial This will change the above property to "General Commercial". Denial. See supporting documentation. March 21, 2012 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 4136 North Miami Avenue File ID 12-000831u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Low Density Restricted Commercial" to "General 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 "Low Density Restricted Commercial" land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" (36 dwelling units per acre) subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laboratories 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 entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. The "General Commercial" future land use category allows all activities included in the "Restricted Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally' require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking Tots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, Tight manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residential structures of a density equal to High Density Multifamily Residential (150 dwelling units per acre), are allowed subject to the detailed provisions of the applicable land development regulations. The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "General Commercial" in. the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. DISCUSSION The subject area consists of one parcel comprising approximately 0.21 acres. The parcel is located on the northeast corner of the block that is bounded by NW 42°d Street to the north, N Miami Avenue to the east, NW 41st Street to the south, and NW 1st Avenue to the west. The site and the areas to the north and east along the N Miami Avenue corridor are designated "Low Density Restricted Commercial"; the areas to the south and southeast along the N Miami Avenue corridor are designated "General Commercial"; the areas to the west are designated Duplex Residential. The subject site is in the LITTLE HAITI NET Service Center Area. ANALYSIS The Planning Department is recommending "DENIAL" of the amendment as presented based on the following findings: • 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. This amendment will increase conflicts because the proposed designation will allow for development densities and intensities that are out of scale with the surrounding residential neighborhood. • MCNP Housing Policy HO-1.1.7 states the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. Since the subject area is surrounded on. the north and west by a Low Density Restricted Commercial area and to the west by a Duplex Residential area, the density and intensity allowed by the General Commercial category will be out of scale with the surrounding duplex residential neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Low Density Restricted . Commercial" future land use category allows residential structures up to a maximum of 36 dwelling units per acre. The requested "General Commercial" designation allows density equivalent to "High Density Multifamily Residential" or 150 dwelling units per acre. There is a large increase in potential density that will be out of scale with the surrounding areas to the north, east, and west. • MCNP Policy LU-1.3.15, states the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. The "Low Density Restricted Commercial" provides for this appropriate mix of uses. The "General Commercial" category encourages additional uses that are not appropriate in developing a balanced mix for this particular neighborhood. This area is primarily residential and low scale commercial in nature, and the commercial uses permitted within the "Low Density Restricted Commercial" category are more compatible with the surrounding neighborhood than those that are permitted within the "General Commercial" category. • The General Commercial category permits retailing of second hand items, automotive repair services, new and used vehicle sales, parking Tots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. These uses are not compatible with the character of the surrounding neighborhood to the west and north, and should therefore be limited to south of this site. • 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 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 Improvements Element. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The Miami 21 zoning designation currently approved on this parcel is T5-O — "Urban. Center". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. Proposal Nc 12-000831u Date: 03/21/2012 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 Javier Avino Esq. on behalf of Fountainhead Center LLC Address: 4136 N MIAMI AV Boundary Streets: North: NW 42 ST East: N MIAMI AV South: NW 41 ST West: NW 1 AV Proposed Change: From: Low Density Restricted Commercial To: General Commercial Existing Designation, Maximum Land Use Intensity Residential 0.2100 acres @ 36 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.2100 acres @ 150 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name 8 DU's 6 0 sq.ft. 32 DU's 17 0 sq.ft. 0 62 24 11 LITTLE HAITI 308 E2 109 N MIAMI AV RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 62 0.08 182.80 182.72 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 62 13,782 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION PopUlation Increment, Residents 62 Transmission Requirement, gpd 11,382 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-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 (See attachment 1) SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 62 79 800 721 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 62 11 D D OK NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sever Authority Department (WASA) Excess capacity, if any, Is currently not known General Commercial: Areas designated as 'General Commercial' allow all activities included in the'Resbl clad Canmerciar designations, as well an wholesaling anddstribution activities that generally serve the needs of other businesses; generally require on and off loadng facilities; and benefit from close proximity to industrial areas. These cameral actMties include retailing of second hand items, automotive repair services, new and usedvehicle sales, paling lots and garages, heavy equipment sales and service, bulking material sales and storage, wholesaling, warehousing, dsbibubon and hasped related services, light manufacturing and assembly and other actMties whose scale of operation and land use Impacts are similar to those uses described above. Multila niy residential structures of a density equal to High Density Multifamily Residential, are allowed subject to the delailedprovisleas of the applicable land devdopmeat regulations. Thenavesidenbal portions of develop pmenls within areas designated as 'General Canmerciar alooa maximum hoar tot ratio (FLR) of 7.0 times the net Pot area of the subject property; such FLR may be Increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.01imes the net lot area of the subject properly. Properties designated as 'General Commercial* in the Urban Central Business District Buena V,sta Yards Regional Activity Center allow a madmun floor lot ratio (FLR) o137.0 times the net lot area of the subject properly. All such uses and 'rises of uses shall be subject to Me detailed povisiansof the applicable land development r in the Citys adopted cancurrenry management ropienents. CM 1 IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all 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; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. FUTURE LAND USE MAP NW 1ST AVE NW 45TH ST u 0 J NW 44TH ST Duplex - Residential NW 42ND ST Single Family Residential NW 39TH ST 0 150 300 600 Feet I i I i I NE 45TH ST NE 44TH ST NE 43 RD ST NE 42ND ST ADDRESS: 4136 N MIAMI AV FUTURE LAND USE MAP — PROPOSED NW 1ST AVE NW 45TH ST u 0 J NW 44TH ST Duplex - Residential NW 42ND ST Single Family Residential NW 39TH ST 0 150 300 600 Feet NE 45TH ST NE 44TH ST NE 43RD ST NE 42ND ST ADDRESS: 4136 N MIAMI AV 0 150 300 600 Feet ADDRESS: 4136 N MIAMI AV COMPREHENSIVE PLAN APPLICATION '�'j2 HEARING BOARDS 444 SW 2'd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030 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. The deadline to file the complete application with supporting documents is the last five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review before the deadline to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8%x11") 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. Javier'F Avino, Esquire on behalf One Fountainhead Center LLC Subject property addresses) and' folio number(s): 01-3124-020-1040 . Present designation(s)` Future, designation(s): approx. 4136 N. Miami Avenue, Folio Low Density Restricted Commercial General Commercial 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? no If yes, has the property been granted a Land Use Change within the last year? 8. One (1) original, two (2) 11x17" copies and one (1) 8'/zx11 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. 03-2011 2 COM SIVE PLAN APPLICATION 17 Original Public School'ConcurrencyManagement System Entered Requirements form. 8 The subject property(ies)'cannot have,any open code enforcement/lien violations. What is the acreage of the project/property site? approx..021 acres 20 What' is'the purpose of'this application/nature of proposed use? rezoning property 21 Is the property within the boundaries' of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. no 22 Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the.3`d Floor for information. no 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning Department on the 3rd Floor for information and further instructions. no 24. 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 d. Commercial/Restricted, Commercial/General and Industrial e. Central Business District (CBD) f. Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be paid in the form of a cc tified check sier's check, or money order. Signatur(t \ Address 333 Avenue of the Americas Name Javier F. Avino, Esquire Miami, FI 33131 Telephone 305-579-0703 E-mail avinoi(agtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this iz. day of)414.4.Lat-el Rev. 03-2011 3 SIVE PLAN APPLICATION avier F Avina;, Esquire who is‘,a(n) individual/partner/agent/corporation of individual/partnership/corporation He/She is personally known to me or who has produced as':identification and who d. (did not) take an oath. Signature NY MARISOL RODRIGUEZ Notary Public State of Florida ,F tea`,; My Comm, Expires Sep 27, 2014 ;�;,„°. Commission # EE 30092 Rev. 03-2011 4 ,;OF AUTHORITY T 0 ACT Before me this day, the undersigned personally appeared Javier Avino , who being by me first deposes and says: That .he/she is they 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, aslsted.,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 ❑ 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. Javier F. Avino, Esquire Applicant(S)-Name 4 ant(s)Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this / 2 day of ll1n.44 20 (2 , by Javier F. Avino, Esquire VV 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. 06-2011 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 76 Floor Miami, FL 33130 www.miamiunv.cnm/hearinn hoards 5 REZON'I NG APPLICATION ISC„LO:S'`URE OF 0 WNERSHIP 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 additionallists, if necessary. Owner's Name(es) One Fountainhead Center, LLC Percentage of: Ownership Subject Property Address(es) obert Bravo 50% and Ana Bravo 50% approx. 4136 N. Miami Avenue See attached Exhibit "A" 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): 4141 N. Miami Avenue Javoi-ex F, .�I Owner(s) or Attorne Name Legal Description(s): BILTMORE SUB PB 6-67 LOTS 11 & 12 s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this it:;-- day of 20 j ?i , by v 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. 06-2011 MARISOL RODRIGUEZ Notary Public - Slate of Florida My Comm. Expires Sep 27, 2014 Commission # EE 30092 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamivnv.rnm/hearinn hnarris 6 EXHIBIT "A" LEGAL DESCRIPTION: The North 44 feet of Lots 23 and 24 and the North 50 feet of the South 100 feet of Lots 23 •and 24 in Block 5, of .AMENDED PLAT BUENA VISTA HEIGHTS ADDITION, according to the Plat thereof, as recorded in Plat Book 3 Page 22 of the Public Records of ,Miami — Dade County, Florida, LESS the East 10 feet of the North 44 feet of said Lot 24 and less that part of said Lot 24, which lies within the external area formed by a 15 foot radius arc, concave to the Southwest, tangent to the North line of soid Lot 24 and tangent to a line that is 10 feet West of and parallel to the East line of said Lot. Folio # 01-3124-020-1040 "; .. CITY OFMIAMI * DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WI.THHOL!1 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: HOME ADDRESS: CITY; (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE.: ZIP: HOME PHONE: CELL PHONE: FAX EMAIL: BUSSINESS or APPLICANT or ENTITY NAME One Fountainhead Center, LLC BUSINESS ADDRESS: 4141 N. Miami Avenue, Suite 304, Miami, FI 33127 (Address Line 1) (Address Linen) 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 for property at 4136 N. Miami Avenue, 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? U YES ® NO If your answer to Question 2 is No, do not answer questions 3, 4 .& 5 proceed to read and execute the Acknowledgment. If --your answer-to-Question21s Yes please-answer-questions3; 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 o13 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.COMP.LIANCE 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 deemeda violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon de ermination by the City Commission that the 'foregoing disclosure requirement was not fully and timely satisfied the followin may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and • 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until xp ation .of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: - / Signature Q� C� • '(- ate 0 Print Name Sworn to and subscribed before me this /Al day of 2)E 6I/CR , 20 I l _ „_. The foregoing instrument was acknowledged before me by , -who has produced tiro7 ro me and who did/did not take an oath. �1►Rr .1i, Notary Public State of Florida Marie Joe Ambroise , STATE OF FLORIDA _ • My Commission EE059824 '"anon 01/31/2015 ;Expires CITY OF MIAMI MY:COMMISSION Notary EXPIRES: 7 114-R/e k1'1/3�O(oS(Lr- <-/o.0 Pnnt Name Encl isure(s) Doc. No.:86543 Page 2 1Mb;7 our, y:: i✓,; ;. Superintendent of Schools Alberto M. Carvalho February 23, 2012 VIA ELECTRONIC MAIL Javier F. Avino, Esquire c/o One Fountainhead Center LLC Greenberg Traurig LLP 333 Avenue of the Americas, Suite 4400 Miami, FL 33131 giving our students the world RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS ONE FOUNTAINHEAD CENTER LLC (LG No. 12-00831u/zc) LOCATED AT 4136 N. MIAMI AVENUE P H 0112022200072 — Folio No. 0131240201040 Dear Applicant: Miami -Dade County School ,Board Perla Tabares Hantman, Chair Dr. Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Carlos L. Curbelo Ranier Diaz de la Padilla Dr. Wilbert "Tee" Holloway Dr. Martin Karp Dr. Marta Perez Raquel A. Regalado Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 31 multifamily units, which generates 6 students; 3 elementary, 1 middle and 2 senior high students. At this time, schools have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305-995-4501. n M. Rodriguez, R.A. Director I IMR:mo L415 Enclosure cc: Ms. Ana Rijo-Conde, AICP City of Miami Ms. Vivian G. Villaamil School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo-Conde, AICP, Eco-Sustainability Officer. 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285. 305-995-4760 (FAX) • arijo@dadeschools.net Application Details ti Concurrency Management System (CMS) v, r. ..... .....-:." r., .term, a.ra .t. r �xr4 is ...,>..., n. �....•q.:�a+,+aa nM'' ,r,x ..�. n. Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH0112022200072 Local Government (LG): Number: Miami Date Application Received: 2/22/2012 10:50:00 AM LG Application 12-00083Iu/zc Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: One Fountainhead Center LLC Address/Location: 4141 North Miami Avenue, Miami, FL 33137 Master Folio Number: 0131240201040 Additional Folio Number(s): PROPOSED # OF UNITS 31 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 31 CONCURRENCY CSA; Id Facility 4 SERVICE AREA SCHOOLS Seats LOS Source Taken Met Type Net Aifble Seats Capaci + Rec cored iENEIDA MASSAS HARTNER i Current 2351 ELEMENTARY 160 33 YES CSA 11 Current 6481 EDISON MIDDLE fMI 514 1 IYES CSA I BOOKER T WASHINGTON SENIOR r Current 7791 jHIGH 889 �2 2 YES CSA ADJACENT SERVICE AREA SCHOOLS *An Impact reduction of 17.64% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net �t..-tt•.\ cY " �� , ,, x,' City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * One Fountainhead Center LLC Application Phone * (305) 573-4442 Application Email * rgb@rgbgroup.com Application Address * 413 6 N. Miami Avenue, Miami, Fl Contact Fields Information Contact Name * Javier F. Avino, Esq. Contact Phone * 305-57-0703 Contact Email * avinoj@gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay cr,ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3124-020-1040 Additional Folio Number Total Acreage * .21 Proposed Land Use/Zoning * Land Use/Zoning Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * 31 Total # of Units * 31 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 govemment. 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 * Javier F. Avino, Esq. Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 /2— , by Javier F. Avino, Esq. )/Attorney/Applicant Signature day of 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) MARI L. R C-IGUEZ s Notary Public - State of Florida My Comm. Expires Sep 27, 2014 Commission # EE 30092 �-mr--• This Instrument Prepared by MATT WEINSTEIN, ES Q., Attorney ttornev n, Law 9300 So. Dadeland Iihd, Suite 408 Alrm,ti, FL 33156 aii in FROM CORPORATION THIS INDENTURE, made this day of , A.D. 1999, between LEE HOLDINGS COMPANY, INC., a corporation existing undc the laws of the State of Florida, hercinaftcr known as the party of the first part and ONE FOUNTAINHEAD C NTER, L.L C. A limited liability corporation organized under the laws of Florida, whose address is: (//t// /to' /%lion+! • ,6/3dy, 41i210• hereinafter known as the party of the second part, RCC. 18T60PC4542 • 99R4.51603 1999 AUG 27 15:41 DOCSTPDEE 3,000.00 SURTX 2,250.00 HARVEY RUVIH, CLERK DADE COUNTY, FL That the said party of the first part, for and in consideration of the sum of ten dollars (S10.00) to it paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the sccond•part, and its heirs and assigns forever, the following described land, situate, lying and being in thc County of Dada, State of Florida, to wit: Parcel one: Lots I 1 and 12, of Block 8, BILTMORE, according to the plat thereof as recorded in Plat Book 6, at page 67, of the Public Records of Dade County, Florida, less the Wcst 10.00 feet of said Lots 11 and 12, and less that part of Lot II which lies within thc external arca formed by a 15.00 radius arc, concave to thc Southeast, tangent to the North line of Lot 11 and tangent to a line 10.00 feet East ofand parallel to the West of said Lot 11. Aka 4141 No, Miami Ave., Miami, Florida; Folio 110I-3124-020-1250 Parcel two: The North 44 feet of Lots 23 and 24, and the North 50.00 foot of the South 100.00 feet of Lots 23 and 24, Block 5, BUENA VISTA HEIGHTS ADDITION, according to the plat thereof as recorded in Plat Book 3, at page 22, of the Public Records of Dade County, Florida, less the East 10.00 feet of the North 44.00 feet of said Lot 24, and less that part of Lot 24 which lies within the external arca formed by a 15.00 radius arc, concave to the Southwest, tangent to the North line of Lot 24 and tangent to a line 10.00 feet Wcst of and parallel to the East line of said Lot 24, Aka 4136 No. Miami Ave., Miami, Florida; Folio 401-3124-020-1040 And thc said party of the first part docs hereby fully warrant the title to said land, and will defend thc same against the lawful claims of all persons whomsoever, excepting only taxes imposed subsequent to Dec. 31, 1998, and a mortgage datcd.July 8, 1999, from Grantor in favor Gilson Investments, Inc. IN WITNESS WHEREOF The party of the first part has caused these presents to be cxcctitcd in its name, and its Corporate Scal to be affixed hereto, by its proper Corporate Officers, thcrcunto duly authorized, the day and year first above written. STATE OF FLORIDA COUNTY OF MIAMI-DADE WITNESSETH LEE HOLDINGS COMPANY, INC.0 by: itb ('?IEN GEE , r' m. G' print Pres. name: S to %. a' ATTEST: Corp: SlkttftM' printSecty.nnmr: 5Yt.vf11 E� 1//( NO, :VI IAvkA2i Ave • 44304/ L.A-1 ) frL !I I HEREBY CERTIFY that on this day, before me, an officer empowered in the state and county last aforesaid to take acknowledgments, personally appeared Chien Lee, and Sylvia Lee to me personally known and known to be the President and Secretary of LEE HOLDINGS COMPANY, INC., or who produced the following form(s) of identification: . and they acknowledged executing the foregoing WARRANTY DEED freely and voluntarily under authority vested in them by said Corporation and that the scat affixed thereto is the true Corporate Scal of said Corporation. WITNESS my hand and Official Seal this/A day of sr/4- "`, l 999. NAItvIY hUVIN c, rrK i 4•CU1r re;vriP i publice, con, - ---Print-nolary name: ,� Y Py _ efA01ALMOrARY1U{_,_ o t pax TWB'srEt1- cohnuss astko {in ..�r... t GCS 170f0 14Y MCril Of �t MAR.7r.?00J P.B. 3, PG. 22 0' 10' 20' 40• GRAPHIC SCALE SCALE : 1" = 20' LEGEND CLP Concrete tight Pole *Mir Metal tight Pole Guy Wire 104 Utility Power Pole rV, Fire Hydrant ® Water Meter ® Electric Box l� Telephone Box () Sewer Manhole --OUL-- Overhead Utility Lines alp Light Pole 171 Gos Valve WV Water Valve Water Manhole CD Telephone Manhole Monitoring Well Parking Meter Unknown Manhole Sewer Valve dy Mail Box Spot Devotion ..& Temporary Benchmark Diameter -Height -Spread ------ Right -of -Way Unes Q Property Corner Traffic Sign ® Catch Basin Drainage Manhole —n—rr— Wood Fence Iron Fence C65. Woll O Clean Out • Guard Pole GP —r—s— Chain Unk Fence A A/C ASPH. B.M. C.B.S. C.C. C/L C.LF. CONC. C.S. Orr. (0) E.T.P. F.F.E. F.I.P. F.N.D. F.R. I.O. INV. M/L-, C/.- $Ain' 0 1/2" (N0 ID.) I— F.I.P. - 1 2';1 (NO ID.)Q, If) BOUNDARY SURVEY r P IN R(IPERT)' LINE MEISSURED O: SOD • I /- ---•-' - " SOD 100.00' (R) 99.83' (M) P/LT tra . P. _ PROPERTYINE L00 PE GEED e 1/2 .......-._... �.i _..i) =�-F 11.0• NORTH BLOCK E? ".AMENDED PLAT BUENA VI I /. HEIGHTS 0( is i€.„ P.B. 3, G.22 ABBREVIATIONS Arc Length Air Conditioner Pad Asphalt Benchmark Concrete Block Structure Curb & Gutter Center Line Chain Unk Fence Concrete Concrete Slob Driveway Warranty Deed Dectric Transformer Pad Finished Floor Devotion Found Iron Pipe Found Nail & Disc Found Reber Identification Inverts LF.E. M/L (P) (M) P.B. P.C.P PG. PL P/L P.O.B P.O.0 P.R.M R/W SWK. Lowest Floor Elevation Monument Line Plot Measured Plat Book Permanent Control Point Page Planter Property Line Paint of Beginning Point of Commencement Permanent Reference Monument Right -of -Way Une Sidewalk Temporary Benchmark Valley Gutter 16 s 00 IIIIIIII) 17 N.W. 42nd STREET 18 7 19 U 20 5 21 4 22 3 2 N.W. 4 st STREET LOCATION SKETCH NOT TO SCALE N.E. 42nd STREET SURVEYOR'S NOTES: I. Field survey was .completed on: December 161h. 2011 2. LEGAL DESCRIPTION: The North 44 feel of Lots 23 and 24 and the North SO feet of the South 100 feet of Lots 23 and 24 in Block 5, of AMENDED PLAT BUENA VISTA HEIGHTS ADDITION, according ereof, as Records oto fMiahmiPlat DadehCouniy,, Florida.ded in LESS the Eastk101eeieof the North 44of the i foot of sold Lot 24 and loss that part of said Lot 24. which I' 'th' lh 1 I formed by a 15 fool radius are concave to the Southwest, tangent to the North line of said lot 24 and tangent toa line that is 1D feel West of and parallel to the East tine or said Lot. Folio 9 01-3124-020-1040 Containing 9.337 Square Feet or 0.21 Acres mare or Ica by calculations. Legal description provided by client 3. SOURCES OF DATA: AS TO HORIZONTAL CONTROL -North Arrow refers to Plat Book 3, Page 22 of the Public Records of Miami -Dade County Florida. -Municipal City Atlas Sheet Na. 16 L. -Stale Road North Miami Avenue, Right of Way Map recorded in Plat Book 83, Page 2, Public Records of Miami -Dade County, Florida. AS TO VERTICAL CONTROL' By scaled determination the subject property lies in Flood Zone K, as per Federal Emcrgeney Manogemml Agency (FEMA) Community -Panel Number 120650, Mop No. 12086C0304, Suffix L Firm Index Oat& 09-11-2009, Firm Panel Elleclive/Revleod Dale: 09-11-2009. An accurate Zone determination should be made by the preparer of the mop, the Federal Emergency Management Agency, or the Local Government Agency ho'dng jurlsdictian over such matters prior to any judgments being made from the Zone a noted. The referenced Federal Emergency Management Agency Map stales In the notes to user that "this map is for insurance purposes only.. The vertical control element of this survey was derived from the N.G.V.0., 1929. Benchmarks used: Miami Bade Benchmark C-243, Elev. 15.13' N.C.V.O, 1929 Location: NE 37 st --- 20' south of C/L projected from the east Hop 0 195 --- directly under hwy overpaaa Federal Hvy -- 7' west of west cone curb 28' a of a Rol or RR Tracks and 2' above ground level used[ 9 disc 6 wall lacy of north solemn of overpass. Miami Da0c Benchmark N 424-R, Elcv. 15.3' N.GV.8., 1029 NW 36 St -- 34' South of C/L NW 2 Ave -- 36' West of /L PK Neiland Brass Washer ine sidewalk o1 5E corner of nec lerstlan next to a metal sculpture that reads Wlnwood. on m 4. ACCURACY: The accuracy obtained by measurement end calculation of dosed geometric figures was found to exceed this requirement. 5. UMITATIONE Since no other information other than what is cited in the Sources of Data was furnished the Client Is hereby advised that there may be legal restrictions on the Subject Property that are not shown on the Survey Mop or contained within this Report that may be found in the Public Records of Miami -Dade County, or the records of any other public and private entitles as their jurisdictions may appear. The Surveyor makes no representation as to ownership or possession of the Subject Property by ony entity or individual whomay appear in public records. No excovation or determination was mode as to how the Subject Property is served by ul0ilies. No improvements were located. ether than theac shown. No underground foundations• improvements and/or uliilics were located or shown hereon. This notice is required by the "Minimum Technical Slandords for Land Surveying in the State of Florida." pursuant to Rule 5J-17 of the Florida Administrative Code. Notice is hereby given that Sunshine Slate One Call of Florida, Inc. must be contacted of I-800-432-4770 at least 48 hours in advance of ony construction, excavation or demolition activity within. upon, abutting or adjacent to the Subject Property. This Notice is given in compliance with the "Underground Fdelity Damage Prevention and Safely Act," pursuant to Chapter 556.101-111 of the Florida Statutes. CERTIFY TO: SURVEYORS CERTIFICATE I HEREBY CERTIFY: That the Boundary Survey of the above described property is su true and correct to the best of my knowledge and belief as recently surveyed under my direction. Further. there ore no above ground encroachments unless shown. This survey meets the minimum technlcd standards set forth by the Florida Board of Professional Surveyors and Mappers. in Chapter 5J-17, Florida Administrative Cade, pursuant to section 972.027 Florida Statutes. Examination of the abstract of title will have to be mode to determine recorded instruments, if any, affecting the property. Loeatlon and identification of utilities adjacent to the properly were not secured as arch information was net rcgecetcd. Ownership is subject to opinion of title. J. BON; ILL & ASSOCIATES, INC. Florida Certificate of Authorization No. LB 3398 3t1Ar'1�2o714T11 PROFESSIONAL SURVEYOR AND MAPPER No.3170 STATE OFFLORDA Not valid without the signature and the origind raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than torhe ps ties p party or parties to prohibited without written consent I the signing party Q LL O go Or2C7 ¢U Q rit LI 0. Q C O Q 0 01 G REVISIONS I0Y PO. 11.18 Job: 11.0176 Dote 12.16.2011 down: a.l', IS. T.P Cliskue 1.11. Snld AS SHOWN F ddllu•Ic ON1111i 1 TECr 1 OF1