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Home My WebLink AboutPZAB 04-04-12 Supporting DocsPZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Current Zoning: Proposed Zoning: Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 12-00083zc 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 THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L" GENERAL URBAN CORE ZONE TO "T5-O" URBAN CENTER ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4136 NORTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; 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 T4-L General Urban Zone T5-O Urban Center Zone This will change the above property from T4-L "General Urban Transect Zone" to T5-O to "Urban Center Transect Zone". Denial. See supporting documentation. Continued on March 21, 2012. ANALYSIS FOR ZONING CHANGE Approximately 4136 N Miami Avenue FILE NO 12-00083zc The subject proposal seeks to amend the Miami 21 Zoning Atlas and has been reviewed pursuant to Article 7, Section 7.1.2.8 of the Miami 21 Zoning Code, Ordinance 13114, as amended. Application requests: The request is to change the current zoning classification from T4-L "General Urban Transect Zone - Limited" to T5-0 "Urban Center Transect Zone — Open". The subject properties are located within the Little Haiti NET area, and consist of northeast parcel of the block bounded with NW 42nd Street to the North, North Miami Avenue to the East, NW 41st Street to the South, and NW 1st Avenue to the West, as depicted in Exhibit "A" (A complete legal description is on file at the Hearing Boards Office) Review and analysis of the proposed application finds that: • The subject property is the northeast parcel of the block bounded with NW 42nd Street to the North, North Miami Avenue to the East, NW 41 st Street to the South, and NW 1st Avenue to the West. • From said block, two out of the three eastern parcels, facing N. Miami Avenue, are designated T5-0 and the subject parcel is currently designated T4-L. • The proposed change of zoning designation would assign the same designation to all the eastern parcels of the same block facing North Miami Avenue. • The current zoning designation promotes an appropriate transition from East to West and from North to South. • The subject parcels comply with Article 7, Section 7.1.2.8 a. Successional Zoning of the Miami 21 Code. • The proposed zoning designation is not consistent with the Miami Comprehensive Neighborhood Plan (MCNP) FLUM designation of "Low Density Restricted Commercial", which will require an amendment for consistency. • Following are the densities allowed per transects: T4 - L "General Urban Transect Zone -Limited": T5 - 0 "Urban Center Transect Zone - Open": 36 Units per acre 65 Units per acre • The proposed change of zoning designation would promote an undesirable abrupt transition from East to West. Based on these findings, the Planning Department is recommending denial of the application as presented. Analysis for ZONING CHANGE File ID: 12-00083zc Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ ® ❑ b) The proposed change is in harmony with the established land use pattern. ® ❑ ❑ c) The proposed change is related to adjacent and nearby districts. ❑ ® ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ❑ ® ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the Toad on public facilities such as schools, utilities, streets, etc. ❑ ® ❑ f) Existing district boundaries are illogically drawn in, relation to existing conditions on the property proposed for change. ❑ ® ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ❑ ® ❑ h) The proposed change positively influences living conditions in the neighborhood. ❑ ® ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ❑ ® ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. ❑ // ❑ k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. ❑ ® ❑ I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. ❑ ® ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ❑ ® ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ❑ ® ❑ o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ ® ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. NW 481'H ST 1 NW 47TH TE MIAMI 21 MAP 10 IINVIIN 3N r � I I NW 45TH ST 1- z NW 44TH ST T3-L 0111111 NE 45TH ST u en a Vista East H st ri c )istric III NE 40TH ST T6112-0II ... ,Irl Cr z z J A NE l 4TH ■ ■ I� NC AVONZ3N 0 150 300 600 Feet I I I I I ADDRESS: 4136 N MIAMI AV NW 1ST AVE MIAMI 21 MAP NW 45TH ST NE 45TH ST riarNW ST NW 42ND ST T3-L T4-L a NW 41ST ST NE 44TH ST T3-L NE 43 RD ST T3-O NE 42ND ST W l T5 -O Z NW 40TH ST NW 39TH ST NE 1ST AVE T4-O NE 40TH ST Lagarip NE 39TH ST I 7 0 150 300 600 Feet I I I ADDRESS: 4136 N MIAMI AV NW 1ST AVE MIAMI 21 MAP - PROPOSED NW 45TH ST T4-L T3-L NW 41ST ST NE 45TH ST NE 44TH ST T3-L NE 43RD ST T3-O NE 42ND ST W T5 -O Z NW 40TH ST NE 1ST AVE T4-O NE 40TH ST p12-0 NW 39TH ST NE 39TH ST I 7 0 150 300 600 Feet I I I ADDRESS: 4136 N MIAMI AV 0 150 300 600 Feet ADDRESS: 4136 N MIAMI AV This instrument prepared by, and after recording return to: Name: Javier F. Avino, Esq. Address: Greenberg Traurig, P.A. 333 Avenue of the Americas Miami, Florida 33131-3261 ISnace reserved for Clerk of CourFl DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2012, by One Fountainhead, LLC (the "Owner"), in favor of the City of Miami, a Horida Municipal Corporation (the "City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at approximately 4136 North Miami Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, an approval was obtained for a zoning change and land use amendment for the Property from the City Commission of the City of Miami, pursuant to Ordinance No. , adopted on , 2012 and attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, it is the Owner's intent to develop the Property for use as an office building. 1 MIA 182, 421,103v2 3-27-12 NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Zoning Regulations. The Owner agrees to adhere to the "T5-0 Designation" under Miami 21. In addition, the Owner agrees to the following restrictions: 1) irrespective of the T5-0 regulations no building on the Property shall exceed 3 stories; and 2) the proposed development will be in substantial compliance with the plans prepared by Rodriguez and Quiroga, dated September 22, 2011, as determined by the City of Miami Planning Director. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner 2 MIA 182, 421,103v2 3-27-12 of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the owner(s) of the fee -simple title to the Property to be effected by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission at a public hearing, which public 3 MIA 182, 421,103v2 3-27-12 hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the Zoning Administrator at 444 SW 2nd Avenue, 4th Floor, Miami, FI., 33130-1910 within thirty(30) days of recordation. 4 MIA 182, 421,103v2 3-27-12 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of IN WITNESS WHEREOF, has caused these presents to be signed in its name by its proper officials. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE One Fountainhead, LLC 4136 North Miami Avenue Miami, Florida 33133 By: The foregoing instrument was acknowledged before me by the manager of , a corporation, on behalf of the corporation. He is personally known to me or has produced Florida Driver's licence: , as identification. Witness my signature and official seal this day of , 2010 in the County and State aforesaid. My Commission Expires: 5 MIA 182, 421,103v2 3-27-12 Notary Public -State of FLORIDA ZONING DATA Site Data Summary Address Folio Number Legal Description Governing Code Zoning District Lot Dimensions Net Lot Area Building Building Footprint Gross building Area Ground Floor First Floor Second Floor Office Use Floor Area Setbacks Principal Front (East) East proposed Secondary Front (North) North proposed Side (West and South) Wosl pr0Posed South proposed Building Height Maximum Allowed Proposed Open Space Open Space Required Open Space Proposed OfffStreet Parking Vehicular Parking Required Vehicular Parking Proposed Bicycle Racks Required Bicycle Racks Proposed 4136 N. Miami Avenue. Miami. Florida 33127 01-3124020-1040 Refer to Survey City of Miami. Miami 21 Zoning Cade T4-L. General Urban Zone (Limited) Refer to Survey 9.400 s.(. (0.216 Acres) 4,5009.s.f. 16,300 g.s.f. 4,500 g.s.f. 5.900 g.s.f. 5.900 g.s.f. 8,970 n.s.f. 30 ft. min. Oft. 10 fl. min. 0fl. 5 ft. min. 21 0. 13 fl. 3 Stories max, and 40 ft. max 3 Stories and 50ft. 15%of Lot Area min. (1.410 s.f.) 2,700 s.f. (includes 1.400 sf. Arcade) 3 spaces per 1.000 s.f. of Office use (26 spaces) 26 spaces (including 2 required accessible spaces) 1 Bicycle Rack Space per20 Vehicular Parking spaces 2 spaces VEHICULAR ENTRANCE IEXIT CL NW 42 STREET CONC. WALK COVERED ARACDE NEW OFFICE BUILDING THREE STORIES, 50 FT HEIGHT WI UNDERGROUND PARKING (1 LEVEL)'. RAMP DN. 12.5 % SLOPE 5 FT SETBACK GREEN AREA N \ J 0 4' 6' 16' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 SITE PLAN 6 5 4 3 STOR. UPlllr 1 2 MECH. ELEV. 20 3 PARKING (26 SPACES) 25 26 23 24 21 22 19 20 17 18 15 16 13 14 RAMP UP. 12.5% SLOPE 100'-0" 12 10 N 0 4' 8' 16' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 BASEMENT PLAN - PARKING RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED VEHICULAR ENTRANCE /EXIT COVERED ARACDE TRASH DN UP MEN WOMEN ELEV. MECH. RAMP ON. 12.5% SLOPE LOBBY UP OFFICE 2,369 SF GREEN AREA 100'-0 N 0 4' 8' 16' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 GROUND FLOOR PLAN RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED OFFICE 3,936 SF N 0 4' 8' 16' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 FIRST FLOOR PLAN RODRIIGUEZ AND QUIROGA ARCHITECTS CHARTERED N 0 4' 8' 16' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 SECOND FLOOR PLAN RODRIGUEZ AND QUTROGA ARCHII'ECTS CHARTERED ROOF ELEV. MECH. N 1 - 0 4' 8' 16' 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 ROOF PLAN RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED nnnnnnnnnnnnnnnnnnnnnnn ROOF 0000 000o aaoo 0000 0000 0000 4 SECOND FLOOR FIRST FLOOR GROUND FLOOR 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 EAST ELEVATION - NORTH MIAMI AVENUE RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED ROOF ❑E SECOND FLOOR FIRST FLOOR GROUND FLOOR 4136 NORTH MIAMI AVENUE NORTH ELEVATION - NW 42ND STREET RODRIGUEZ AND QUFROGA ARCHITECTS CHARTERED SEPTEMBER 22, 2011 ROOF SECOND FLOOR FIRST FLOOR GROUND FLOOR E❑ 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 WEST ELEVATION RODRIGUEZ AND QUIROGA ARCHITECTS CHARTERED ROOF SECOND FLOOR FIRST FLOOR GROUND FLOOR Ern ❑E ❑E 4136 NORTH MIAMI AVENUE SEPTEMBER 22, 2011 SOUTH ELEVATION RODRIGUEz AND QUIROGA ARCHITECTS CHARTERED REZONING APPLICATION MIAMI 21 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:appiication 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 applicationsubmittal 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. Rev. 06-2011 MIA 1R2 27R f.4v1 12-S-11 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamigov.com/hearing_boards APPLICATION Please refer to.Articfe 7 4.2;8 of the Miami 21 Code for Rezoning information., . Applicant(s). Javier F.=Avino, ',Esquire o'n behalf One Fountainhead Center LLC 2. Subject property address(es) and folio number(s): approx. 4136 N. Miami Avenue, Folio 01-3124- - 020-1040.:. Present zoning'designation(s): T4-L Proposed zoning designation(s): T5-O 5. Per Miami, .21, Article 7 1 2 8. c 2 (g), an analysis of the properties within a one-half mile radius of the 'subject .property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies .and one (1) 8%x11 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. 7. 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. 8. 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.. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. 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 whosigned the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided .or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? .21 acres CITY OF M .IA M I HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7'' Floor Miami, FL 33130 Rev. 06-2011 www.miamigov.com/hearing_boards 3 MIA 1R2 27R n94v1 12-S-11 REZONING APPLICATION 18 What is the purpse of this application/nature of proposed use? Rezone property 1'9 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 20' Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning' Department on the 3`' Fioor,for information. no 21. Cost of,processing according to Section 62-156 of the Miami City Code*: ange of zoning classification to a CS, T3-R, T3 L,.T3-O, per square foot of net lot area b. T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI, per square foot of net lot area Minimum $ .15 $ 635.00 $ .20 $ 750.00 c. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, per square foot of net lot area $ .25 $ 900.00 Minimum d. T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD, per square foot of net lot area $ .30 $ 1,000.00 Minimum Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 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 certified check, iers check, or money order. Signature Name Telephone 305-579-0703 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Address 333 Avenue of the Americas Miami, FI 33131 E-mail avinoigtlaw.com The foregoing was acknowledged before me this lz day of cia.41.0 20 12, , by Javier F. Avino, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did. (did not) take an oath. (Stamp) Rev. 06-2011 MIA 1R2 77R OA4v1 12-.5-11 S ,o aa'' .,� MARISOL RODRIGUEZ 4 =ter; '1,° ° Notary Public - State of Florida ..y Comm. Expires Con 97 2014 ? Commission # EE 30092 CITY OF MI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamigov.com/hearing_boards 4 Analysis Property: 4136 N. Miami Avenue Current Zoning: T4-L Proposed Zoning: T5-O - This is a request for rezoning from T4-L to T5-O. - The subject property is abutting T5-O to the South and is the last property on the block to abut T5-O. The rezoning will provide continuity of the zoning designation to the end of the block, and will not have a negative impact on the area. - The property fronts N. Miami Avenue an important corridor adjacent to the Design District and in close proximity to Midtown and Wynwood. - Miami 21 allows T4-L property to be rezoned to the classification which it abuts, in this case T5-O and complies with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 successional zoning. - The proposed change will be consistent with the Miami Comprehensive Neighborhood Plan. - This designation will allow for a more meaningful office building, keeping in scale with the immediately adjacent property. - This rezoning will not change the permitted uses but will only relax the development parameters thus allowing for a better architecture that is compatible and revitalize this area. REZI ..PLICATION -OF AUTHORITY T O ACT Before me this day, the undersigned personally appeared Javier Avino who being by me first deposes and says: hat he/she is the owner or the legal representative of the owner, submitting the public hearing application;. as required by the Code of,theCity of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners 'who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing-' petition, X including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. 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 / I. day of 4014.44A-t-il 20 12' , by Javier F. Avino, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 06-2011 ignature 1 �r?oy�►°��MARISOL RODRIGUEZ ,1 Notary Public - State of Florida 1 My Comm. Expires Sep 27, 2014 I '•o;�;oFA.oP6 Commission # EE 30092 ` . CITY OF MIAMI HEARING B OARDS Ph: 305-416-2030 444 SW 2^d Ave 7ch Floor Miami, FL 33130 www.miamianv.c.nm/hearing hoards 5 R EZ PLICATION ,S1URE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of jail parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts,. and/or any other interested parties, together with their address(es) and proportionate interest are required. Please' supply additional lists, if necessary. Owner's`Name(es I i . Percentage of Ownershi ne Fountainhead Center, LLC obert Bravo 50% and Ana Bravo 50% Subject Property Address(es) 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 JaAti-ex vto Owner(s) or Att�Name Legal Description(s): BILTMORE SUB PB 6-67 LOTS 11 & 12 ) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this �-. day of 20 j ?i , by " 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 - State of Florida My Comm. Expires Sep 27, 2014 Commission # EE 30092 CITY HEARING BOARDS Ph: 305-416-2030 444 SW 2^a Ave 7th Floor Miami, FL 33130 www.miamiunv.rom/hearing hoards OF MIAMI 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 Tess 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 said 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 WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support .or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a. principal as a lobbyist as defined in Sec. 2-653, andappearing 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: H.OM:E ADDRESS` CITY; (First Name) (Middle) (LastName) (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, Fl 33127 (Address Line 1) (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of rezoning and land use for property at 4136 N. Miami Avenue, Miarni, Florida 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES ®NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer, questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a• n/a b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. n/a 5. Describe what is being requested in exchange for the consideration. n/a ACKNOWLEDGEMENT OF COMPLIANCE 1 hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon 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 Qvb 4Lo C . B-i-R,v i) Print Name Sworn to and subscribed before me this /H clay of J6:C016e72 , 20Il , The foregoing instrument ivas acknowledged be/ore me by , who has produced 11,71 to me and who did/did not take an oath. ae r "(•� Notary Public State of Florida . Marie Joe Ambroise , L • My Commission STATE OF FLORIDA s EE059824 CITY OF ivllAMI orno� ,Expires 01/31/2015 MY COMMISS"[ON _ Notary EXPIRES: 4 7/QS7 % </� /aC f r Print Name Enclosure(s) Doc. No.:86543 Page 2 This Instrument Prepared by: MATT WEINSTEIN, ESQ.,.lttornevnt I.mv 9300 So. Dade/nnd Blvd., Suite 408 Alio nl, FL 33156 arrant ler.4 FROM CORPORATION R(C. ! 8760PC4542 • 99R45160 3 1999 AUG 27 15:41 THIS INDENTURE, made this day of , A.D. 1999, between LEE HOLDINGS COMPANY, INC., a corporation existing undo the laws of the State of Florida, hereinafter known as the party of the first part and ONE FOUNTAINHEAD CENTER, L.L C. A limited liability corporation organized under the laws ofFlorida, whoseaddress is; Y/Vf Aid J r,onr! • df3De/ /y//Jtq• hcrcinaftcr known as the party of the second part, WITNESSETH DOCSTPDEE 3,000.00 SURTX 2,250.00 HARVEY RUVIHr CLERK DADE COUNTY, FL That the said party of the first part, for and in consideration of the sum often dollars (S 10.00) to it paid by the said party of thc second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to thc said party of the second part, and its heirs and assigns forever, the following described land, situate, lying and being in the County of Dadc, State of Florida, to wit: Parcel one: Lots 11 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 Dadc County, Florida, Icss the Wcst 10.00 feet of said Lots 11 and 12, and less that part of Lot 11 which lies within the external arca formed by a 15.00 radius arc, concave to the Southeast, tangent to the North line of Lot II and tangent to a line 10.00 feet East of and parallel to the Wcst of said Lot 11. Aka 4141 No. Miami Ave., Miami, Florida; Folio #0I-3124-020-1250 Parcel two: The North 44 foci of Lots 23 and 24, and the North 50.00 feet 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 Dadc 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 lint of said Lot 24. Aka 4136 No. Miami Ave., Miami, Florida; Folio #01-3124-020-1040 And the said party of the first part docs hereby fully warrant thc title to said land, and will defend the same against the lawful claims of' all persons whomsoever, excepting only taxes imposed subsequent to Dec. 31, 1998, and a mortgage dated July 8, 1999, from Grantor in favor Gilson Investments, Inc. IN WITNESS WHEREOF Thc party of the first part has caused these presents to be executed in its name, and its Corporate Scal to be affixed hereto, by its proper Corporate Officers, thcrcunto duly authorized, thc day and year first above written. itrrc.res print plant print name: -f J STATE OF FLORIDA COUNTY OF MIAMI-DADE LEE HOLDINGS COMPANY, I1.0 . ••. Cbrpord,l�u, pri t fret. name: (11/ EN GCE rL 'ip. Ste} :• coup: seacltlty ATTEST: print Sect'y. name: /Lf ( / /D, +. 4LA,tii t Ave • lk3o4/ 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: / Die . (r c and thcy acknowledged executing the foregoing WARRANTY DEED freely and voluntarily under authority vested in them by said Corporation and that the seal affixed thereto is the true Corporate Seal of ' id Corporation. WITNESS my hand and Official Seal this/ / day of /%%7/f'7—, 1'.9. NniniFY I;IPIIN a r.•<,.,acutr rr;,irt y publice, tom Prinl notary nine: Y ay UAL o_ •4, "—MATrvee�TFH- catuwlonwtwl cp17090 MY Couuricsi corms MAR.27.200v OF P.B. 3, PG. 22 0' 10' 20' 40' GRAPHIC SCALE SCALE : 1" = 20' LEGEND iLP Concrete Light Pole #M� Metal Light Pole ▪ Guy Wire `U, Utility Power Pole • Fire Hydrant El • Water Meter ® Electric Box ▪ Telephone Box OSewer Manhole -OUL-- Overhead Utility Lines Xr Light Pole D4 Gas Valve WV Water Valve Water Manhole Q Telephone Manhole 15 Monitoring Well Parking Meter ® Unknown Manhole irs Sewer Valve Mad Box o- Spot Devotion •-., Temporary Benchmark Ls'-13'-ID' Diameter -Height -Spread Right -of -Way Unes O Property Comer Traffic Sign Catch Basin • Drainage Manhole —w—n— Woad Fence Iron Fence C B.S. Wall o Clean out • Guard Pole —x—x— Chain Link Fence A A/C ASPH. B.M. C.B.S. C.G. C/L C.LF. CONC. C.S. DWY. (0) E.T.P. F.F.E F.I.P. F.N.D. FR. I.D. ENV. BOUNDARY SURVEY :ASPFIALT.��A'VEMENT; SOD y5 swe. .100.00' F.I.P. (N0 ID.) I 1.0Y49 fra SOD PR()PERT .1.*MEI1S5ED A=23.4!3 5°,89'40'15" b� 'son j % son 100.00' (R)1 99.83' (M) P/L' a• FI P. PROPERTY UNE ASP DffD 002, "-.-'-t Ek .i� _i�_R 23 1a____ (NO D.) I _....... .._ i_i3 :. __ gip. Z't 1.0' NORTH to 131..00K 5 "AMENDED PLAT BUENA VISTA S T AD ) (P.3. 3, Pi ^a. 22) ABBREVIATIONS Arc Length Air Conditioner Pad Asphalt Benchmark Concrete Block Structure Curb do Gutter Center Une Chain Link Fence Concrete Concrete Slob Driveway Warranty Deed Electric Transformer Pad Finished Floor Devotion Found Iron Pipe Found Nail de Disc Found Reber Identification Inverts LF.E. M/L (M) P.B. P.C.P PG. PL P/L P.O.B P.O.C. P.R.M R/W SWK. a 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 Line Sidewalk Temporary Benchmork Valley Ginter 16 M07 IIIIIIIIJ 17 N.W. 42nd STREET 18 9 7 19 6 20 5 21 4 N.W. 41st STREET 22 3 2 N.E. 42nd STREET 1 l LOCATION SKETCH NOT TO SCALE SURVEYOR'S NOTES: 1. Field Survey was completed on: December I6lh, 2011 2. LEGAL DESCRIPTION: The North 44 feel of Lots 23 and 24 and the North 50 feel of the South 100 feet of Lots 23 and 24 in Block 5, of AMENDED PLAT BUENA VISTA HEIGHTS ADUIRON, 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 feel of the North 44 feat of said Lot 24 and less that port of said Lot 24, h-ch 1' 'lh' lh t I formed by o 15 foot radius are, concave to the Southwest, tangent to the North line of said 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 Containing 9.337 Square Feet or 0.21 Acres more or less 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. - Muniicg,ol 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. ASTO VERTICAL CONTROL By scaled determination the subject property lies in Flood Zone X, as per Federal Emergency Management Agency (FEMA) Community -Panel Number 120650, Map No. 12086C0304. Suffix L. Firm Index Dale: 09-11-2009, Firm Panel Etfective/Revised Cale: 09-11-2009. An accurate Zone determination should be made by the preparer of the map, the Federal Emergency Management Agency, or the Local Government Agency having jurisdiction over such matters prior to any judgments being made from the Zone as 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.D., 1929. Benchmarks used: Miami Dada Benchmark C-293, Elev. 15.13' N.C.VD., 1929 Location: NE 37 al --- 20' south of C/L projected from the east Hwy 8 195 --- directly under hwy overpass Federd Hwy -- 7' west of west cone curb 28' a of a Rail of RR Tracks and 2' above ground level us a de 9 disc in west face of north column of overyoss. Miami Dade Benchmark N-424-R, Elev. 15.3' N.GV.D., 1929 NW 36 5l -- 34' South of C/L NW 2 Ave -- 36' West of CA PK Nail and Brass Washer In cone sidewalk at SE comer of intersection next to a metal sculptors that reads %rem d. 4. ACCURACY: The accuracy obtained by measurement and calculation of dosed geometric figures woo found to exceed thls requirement 5. UMITA71ONS: 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 Properly that are not shown on the Survey Map or contained within lhls Report Not may be found in the Public Records of Miami -Dade County, or the records of any other public and private entities as their jurisdictions may appeor. The Surveyor mokes no representation as to ownershipor possession of the Subject Property by any entity or individualappear who may in public records. No excavation or determination was made as to how The Subject Property is served by utilities. No improvements were located, other than those shown. No underground foundations. improvements and/or uldtltes were located or shown hereon. This notice is required by the "Minimum Technical Standards for Land Surveying to the State of Florida," pursuant to Rule 5J-17 of the Florida Administrative Code. Notice is hereby given that Sunshine State One Cdl of Florida, Inc. must be contacted at 1-800-432-4770 at least 48 hours in advance of ony construction, excavation or demolition activity within, upon, abutting or adjacent to the Subject Properly. This Notice is given in compliance with the "Underground Facility Damage Prevention and Safely Act," pursuant to Chapter 556.101-111 of the Florida Statutes. CERRFYTO: SURVEYORS CERTIFICATE 1 HEREBY CERTIFY: That th e Boundary Surge of the abov e described art i Imo and correct Further. the best e o bove dgeyand crop n, ots unl suprshaoon u der my direyemeet temiThera are no above ground encroachments Florida Board This survey meals the minimum and Mappers, standards set forth F by the lnist Board I prsuantProfessional sectionSurveyors 2.0 7 Florida inStatutes. Chapter 5J-xami a ionrof Administrative Code, have to to section 472.027 Florida dedt Examination , fie ngirthe pr line will Loco to 0 mode to atio determine recorded instruments, to H any, y affecting n the property. Losuchl onnl and Identification a utilities Ownership to the ectpto o were not secured as such information was not requested. Ownership is subject to opinion of title. J. BONFILL & ASSOCIATES, INC. Florida Certificate of Authoriralion No. LB 3398 " uAr++".)OEM. rnorouS10NALSUR✓EYon AND MAPPER No. 3170 STATE OF FLORIN Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. O 04 O'5 z REUNIONS BY Prvjcet 11.0013 1,1: 11.0376 ode 12-16.2011 Dmwa 0.0,L5.,T.P Mocked: l.10 Scale AS SHOWN 1061J (look ON 1d1J: S1101710F1