HomeMy WebLinkAboutPZAB 04-04-12 Supporting DocsPZAB.2
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.
Continued to 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
Duplex - Residential
0 150 300
I 1 I I I I
600 Feet
1 I
ADDRESS: 4136 N MIAMI AV
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