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Home My WebLink AboutPZAB 09-19-12 Supporting DocsPZAB.5 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Zoning: Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 12-00923zc 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-R" GENERAL URBAN ZONE AND "T5-O" URBAN CENTER ZONE TO "T5-O" URBAN CENTER ZONE (THE EASTERN PORTION +/- 27,143 SQUARE FEET OF BLOCK ONLY), FOR THE PROPERTY LOCATED AT APPROXIMATELY 7301 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 7301 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] Lucia Dougherty, Esquire, on behalf of Vagabond Motel, Inc., Owner and Avra Jain / Googie Enterprises, LLC, Contract Purchaser 333 Avenue of the Americas Miami, FL 33131 (305)579-0603 T4-R General Urban Zone T5-O Urban Center Zone This will change the zoning from "T4-R" to "T5-O". Approval. See supporting documentation. September 19, 2012 ANALYSIS FOR ZONING CHANGE Approximately 7301 Biscayne Boulevard FILE NO 12-00923zc 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 of the eastem portion of the block from T4-R "General Urban Transect Zone -Restricted" to T5-0 "Urban Center Transect Zone — Open". The subject property is located within the Upper Eastside NET area, and consist of eastern portion of the block bounded with NE 74th Street to the North, NE 6m Court to the East, NW 73id Street to the South, and Biscayne Boulevard 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 located on the eastern portion of the block bounded by NE 74th Street to the North, NE 6th Court to the East, NW 73td Street to the South, and Biscayne Boulevard to the West • From said block, the westem portion, facing Biscayne Boulevard, is designated T5-0 and the subject property is currently designated T4-R. • The proposed change of the zoning designation from T4-R to T5-0 would seek an extension of the same zoning designation toward the eastern portion of the block facing Biscayne Boulevard. • The current zoning designations bisect the property. The requested rezoning would unified the property under a single zoning designation and would allow consistency with the underlying land use designation as well with the current use of the land for a motel already designated historical by the Historic Preservation Board. • The subject property comply with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 a. Successional Zoning from T4-R to T5-0, • The proposed zoning designation is consistent with the Miami Comprehensive Neighborhood Plan (MCNP) FLUM designation of "Restricted Commercial". Based on these findings, the Planning and Zoning Department is recommending approval of the application as presented. Analysis for ZONING CHANGE File ID: 12-00923zc Yes No NIA. LJ LJ 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. ❑ f] c) The proposed change is related to adjacent and nearby districts. ® n H d) The change suggested is not out of scale with the needs of the neighborhood or the city. ® U (J 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. lJ 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 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. 0 E 75TH ST NE 74TH ST Q. E 73RD ST NE 72ND ST 150 300 MIAMI 21 MAP (EXISTING) 600 Feet NE 76THST NE 75TH ST 0-NE-7 ND TER T3-L NE 72ND ST Bayside NE71STST ADDRESS: 7301 BISCAYNE BLVD 0 150 300 MIAMI 21 MAP (PROPOSED) 600 Feet ADDRESS: 7301 BISCAYNE BLVD NE 75THST 111 To a. _ 4 •NE 73RD`Sr. 46-4 .111 7- 0411 NE 72ND ST. • ,i7-7 Not NE,75TH ST ) NE 74TH ST C.) 1 NE 73RD ST' i. ;. , ,ft '• iim, .1. -NE 72ND TER Os-0 ilrell ilif lit ' . '. . • ' ' r - "-A- miiminmilimiiimilimilirm. immEltranimin ..,,, .1 . NE 7,1ST ST 0 150 300 600 Feet ADDRESS: 7301 BISCAYNE BLVD Date FOR ZO T CHA GES THE APPLICATION HAS TO BE SIGNED BY ALL PROPERTY OWNER. Pun earing Plans must -be submitted to the. Hearing Boards Division no later than the first day of the last week of the month to be stamped.. and: submitted•for Teviewd by staff. City of Miami u�C ...,,„ 1... Gis-\Ills 1((I \// ``v r 7 ��/, s �' _ ' a +,pri9C50t1u60 ZONING REFERRAL .444 Southwest 2nd Avenue, 4th Floor Miami, Florida 33130 Ip1 `I` 1 l ��o p Hearing Boards Division 7th Floor Planning Department 3r or REF: 73/ ,ei'Seay -W P 4'�c...) C 42-4409�.3oc) Please provide the following application: ro M SP INFO cs'► M.U.S.P. Variance Special Exception Zoning Change Other I APPEAL OF CLASS I /CLASS II SP-PMT Amendment to Atlas Provide Resolution# . For the, property . Commission approval required PROVIDE RESOLUTION/FOR VARIANCE OR SPECIAL EXCEPTION OBTAINED COMMENTS: ,e)77 • ,.--1 E-1-i - • 7 --,t,e/P---,/ il, c:2- 8(e-i ? - - ',-11 THE OFFICE OF HEARING BOARD IS OP TO THE PUBLIC FROM 8:00 AM TO 3:OOPM. c,9,0e/z.._ Analysis 7301 Biscayne Blvd - This is a request for a rezoning from T4-R to T5-O. - Prior to the implementation of Miami 21, the entire Property was zoned C-1, (please see attached Zoning Ordinance 11,000 zoning map and Miami 21 zoning map). The rezoning under Zoning Ordinance 11,000 was approved on January 24, 2008 by Ordinance 12963. - The entire property has a land use designation of Restricted Commercial, yet has two district zoning designations. A rezoning would make the property more consistent with the land use designation. - The property is platted as a single tract, and has an exiting historic structure which wraps around the property. The current zoning designations divide the property in half. The proposed rezoning would unify the property under one designation and make it more consistent with the underlying land use.. - The property has been designated Historical by the Historic Preservation Board and is currently being used as a motel. City of Miami Legislation Ordinance: 12963 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01152zc Final Action Date: 1/24/2008 AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 7300 NORTHEAST 6TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting on November 19, 2007, Item No. 2, following an advertised public hearing, adopted Resolution No. ZB 07-0105 by a vote of five to one (5-1) vote, recommending APPROVAL of Zoning Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from "R-3" Multifamily Medium -Density Residential to "C-1" Restricted Commercial with an "SD-9" Biscayne Boulevard North Overlay District, for the property(ies) located at approximately 7300 Northeast 6th Court, Miami, Florida, Miami, Florida, as legally described in attached "Exhibit A." Section 2. It is found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially after the population density pattern or increase or overtax the load'on public facilities such as schools, utilities, streets, etc.; (f) is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety ; (i) will not create a drainage problem; (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property value in the adjacent area; City of Miami Page 1 of 2 File kL 07-011S2zc (Version: 2) Printed On: 8/10/2012 File Number: 07-01152zc Enactment Number. 12963 (I) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 9 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is amended to reflect the changes made necessary by this Amendment. Section 4. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187(3)(c). {1} Footnotes: {1 } This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 07-011S2zc (Version: 2) Printed On: 8/10/2012 City of Miami Master Report Enactment Number: 12963 City Hall 3500 Pan American Drive Miami, FL 33133 www. m iamigov. com File Number: 07-01152zc File Type: Ordinance Version: 2 Reference: File Name: Zoning Change - 7300 NE 6 Ct Requester: Cost: S11,296.00 Status: Passed Controlling Body: Office of the City Clerk Introduced: 9/10/2007 Final Action: 1/24/2008 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 7300 NORTHEAST 6TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 07-01152zc Analysis.PDF,07-0I 152zc Zoning Map.pdf,07-01152ze Aerial Map.pdf,07-01152zc Application & Supporting Docs.PDF,07-01152zc ZB 11-19-07 Fact Sheet.pdf,07-01152zc ZB Reso.PDF,07-011521u& 07-01152zc HEPB Reso.pdf,07-01152zc CC Legislation (Version 2).pdf,07-011521u & 07-01152zc Exhibit A.pdf 07-01152zc CC FR Fact Sheet.pdf,07-01152zc-Submittal-Applicable Land Use Policies of the City of Miami.pdf 07-01152zc-Submittal-HEP Board Resolution 2007-52.pdf,07-01152zc-Submittal-Support Letters.pdf,07-01152zc CC SR Fact Sheet.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: Zoning Board 11/19/2007 Recommended Pass Approval Zoning Board I I/19/2007 Recommended Pass Approval Zoning Board 11/19/2007 Recommended Pass Approval 2 City Commission 12/13/2007 PASSED ON FIRST Pass READING 2 Office of the City 1/23/2008 Reviewed and Attorney Approved 2 City Commission 1/24/2008 ADOPTED Pass 2 City Commission 1/24/2008 ADOPTED Pass City ofMiam, Page 1 Primed on 8/10/2012 City of Miami Master Report Enactment Number: 12963 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 2 Office of the Mayor 1/30/2008 Signed by the Mayor 2 Office of the City Clerk 1/31/2008 Signed and Attested by City Clerk Office of the City Clerk City oj/vliaini Page 2 Primed on 8710, 2012 .EXHia;T "A" THE EAST 123 FEET OF BLOCK 6, OF BELLE MEADE OF MIAMI SECTION 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN THE PLAT BOOK 56, PAGE 27, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MIA 179735479 i 1 9/7,2007 City of Miami - Zoning Application Page 1 of 1 Parcel Search: By Property Address 1 Tfi-8-0 E74thSt 1! i • .. oft BOm i T5-0 m � s NE 74th NE73rdSt II htto://maps.miamigis.com/miamizoningsite/ Q/Q/')AI I City of Miami - Zoning Application R" By Property Address 7301 BISCAYNE BLVD http://maps.miamigis.com/miamizoningsite/ Page 1 of 1 8/8/2012 City of Miami - Zoning Application Page 1 of 1 T By Property Address Ii11 1 ', I I ►red L. Sin�ic Fam. Res 7 3 rd St http://mans.miamigis.com/miamizoningsite/ Q /Q /In 1 ') rivrl;:J rtur .S.urtel,t9 the .vr?r1i Miami -Dade County Public Schools Superintendent of Schools Alberto M. Carvalho August 29, 2012 VIA ELECTRONIC MAIL Ms. Lucia A. Dougherty, Esquire c/o Avra Jain for Vagabond Motel Property 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 douq hertylAcitlaw. com giving our students the world Miami -Dade County School Board Perla Tabares Hantman, Chair Dr Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Carlos L. Curbelo Renier Diaz de la Portilla Dr. Wilbert 'Tee" Holloway Dr. Martin Karp Dr. Marta Perez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS AVRA JAIN FOR VAGABOND MOTEL PROPERTY — LG # 12-00923zc LOCATED AT 7301 BISCAYNE BOULEVARD PH0112082000437 - FOLIO No. 0132070340010 Dear Applicant: 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 82 multi -family units, which generate 16 students; 7 elementary, 4 middle and 5 senior high students. At this time, all three school levels 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. an M Director I IMR:ir L-080 Enclosure driguez, R.A. cc: Ms. Ana Rijo-Conde, AICP Ms. Vivian G. Villaamil City of Miami 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 Concarrenry Management System (CMS' Miami Dade County Public Schools Miami -Dade County Public Schools MDCPS Application Number: Date Application Received; Type of Application: Applicant's Name: Address/Location: Master Folio Number: Additional Folio Number(s): PROPOSED # OF UNITS SINGLE-FAMILY DETACHED UNITS: SINGLE-FAMILY ATTACHED UNITS: MULTIFAMILY UNITS: Concurrency Management System Preliminary Concurrency Analysis PH0112082000437 Local Government (LG): 8/20/2012 11;37:42 AM LG Application Number: Public Hearing Sub Type: Avra Jain for Vagabond Motel Property 7301 Biscavne Boulevard 013207Q340010 82 0 0 82 Miami 12-00923zc Zoning CONCURRENCY SERVICE AREA SCHOOLS CSA Id Facility Name Net Available Capacity Seats Required Seats Taken LOS Met Source Type 3501 MORNINGSIDE ELEMENTARY 304 7 7 YES Current CSA 6481 MIAMI EDISON MIDDLE 514 4 4 YES Current CSA 7301 MIAMI EDISON SENIOR HIGH 670 5 5 YES Current 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 City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Avra Jain Application Phone * 305-674-1158 Application Email * avrajain@gmail.com Application Address * 7301 Biscayne Blvd Contact Fields Information Contact Name * Lucia A. Dougherty, Esq. Contact Phone * 305-579-0603 Contact Email * doughertyl@gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email ggav@miamiaov.com LOcal Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3207-034-0010 Additional Folio Number Total Acreage * 1.27 Proposed Land Use/Zoning * T5-0 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 0 Total # of Units * 164 motel rooms 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. Lobe/ government shell input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). 1,1 Required Fields for Application Lucia A. Dougherty, Esquire Owner(s)/Attorney/Applicant Name '-Owner(s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this/ t2uJu / 7 day of 4 ! f 20 / 2- by Lucia A. Douahertv. Esouire r-Aft-S fr^i 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) MARISOL RODRIGUEZ Notary Public Stale of Florida My Comm Expires Sep 27, 2014 Commission # EE 30092 rV tab ,-7 I' ) J3 REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARD pE OFF M `a. 14 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 wvvw.miamigov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page: The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (81/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. 07-2012 2 ARIA 1R2 R4fi A.77v1 R_R-12 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Lucia A. Dougherty, Esquire on behalf of Vagabond Motel, Inc. as onwer and Avra Jain/Gooqie Enterprises, LLC, as contract purchaser 2. Subject property address(es) and folio number(s): approx. 7301 Biscayne Blvd- Folio No. 0- 01-3207-034-0010 3. Present zoning designation(s): T5-O and T4-R (Eastern portion (+/-27,143 s.f. of block only) 4. 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'hx11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 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 who signed 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. Rev. 07-2012 3 MIA 1R2 64A A.17v1 R-R-1 7 REZONING APPLICATION 17. What is the acreage of the project/property site? 55,539 s.f. (1.27 acres) survey of which we desire rezoning on the eastern portion of block (+/-27,143 s.f.) as per City Zoning Atlas. 18. What is the purpose of this application/nature of proposed use? Historic motel renovations 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3`d Floor for information. yes 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 21. What would be the anticipated duration of the presentation in front of the: x Planning, Zoning and Appeals Board 15 mins and/or x City Commission 15 mins 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, 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 (Assumes a 5,000 square -foot lot) $ .50 $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000. ,/s I be paid in the form of a certified check, cashier's check, or money order. Signature -7 Address 333 Avenue of the Americas Name Lucia A. Dougherty, Esq Miami, Florida 33131 Telephone 305-579-0603 E-mail rodriguezmsAgltaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this () day of 20 f , , by Lucia A. Dougherty, Esq. 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) 14..,, n7_9(11') . ISOL RODRIGUEZ =- Notary Public - State of Florida z My Comm. Expires Sep 27, 2014 „,,,,, Commission # FE 30092 REZONING APPLICATION AFFIDAVIT OF AUTHORITY T 0 ACT Before me this day, the undersigned personally appeared Lucia A. Dougherty, Esq. , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, X including or ❑ 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. Lucia A. Dougherty, Esq. Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 , , by Lucia A. Dougherty, Esq. who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature MARISOL RODRIGUEZ Notary Public - State of Florida My Comm Expires Sep 27, 2014 (nm•., ,,,n p EE 30092 Rev. 07-2012 5 REZONING APPLICATION 14, DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Vagabond Motel, Inc., a Florida Corporation Percentage of Ownership One Hundred (100 %) per cent Subject Property Address(es) 7301 Biscayne Boulevard, Miami, Florida 33138 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): 1\I 0 J i Vagabond Motel, Inc. By: David Lin, President Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of . <� 20 / 2- , by David Lin, as President of Vagabond Motel, Inc., a Florida corporation . He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) VAGABOND MOTEL INC., Shareholders DAVID LIN 50% 11790 BISCAYNE BLVD MIAMI FL 33181-3110 WEN YANG LIN 20% 505 SE 4 COURT DANIA FL 33004 POU YANG LIN 15% 11790 BISCAYNE BLVD NMIAMI FL33181 TSAI SHUENN SIIEU 15% 1401 NE 104TH STREET MIAMI SHORES FL 33138-2663 REZONING APPLICATION 001fry (( PU rciika D! CLOSURE OF OWNERSHIP 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 'rusts, and/or a, other interested parties, together with their address(es) and proportionate in 'st are required. `:lease supply additional lists, if necessary. Owner's Name(es) Percentage of Ownership Subject Property Address(es) ,U ?1 -13o f a,y & 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): Legal Description(s): None Owner(s) or Attorney Name Owner(s) or Attorney gnature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 1 ,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 nth". (Stamp) Rev. 07-2012 Si. nature MARISOL RODRIGUEZ Notary Public - State of Florida My Comm. Expires Sep 21, 2014 Cornmi 0n # EE 30092 1111111111111111111111111111111111111 Ills 1111 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA VAGABOND MOTEL INC Plaintiff(s) / Petitioner(s) vs. MILANO AT OCEAN DRIVE (LLC) , et al. Defendant(s) / Respondents(s) CFN 2u11RO37Ef56 DR Bk 27716 fss 4594 - 4595; (2aesi RECORDED 06/09/2011 14:03:35 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION Case No: 08007418CA01 Section: 50 Doc Stamps: $0.60 Surtax: $0.45 Consideration: $100.00 CERTIFICATE OF TITLE The undersigned clerk of the court certifies that a Certificate of Sale was executed and filed in this action on May 20, 2011, for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property in Miami -Dade County, Florida: - SEE ATTACHMENT - was sold to: VAGABOND MOTEL INC, INC. A FLORIDA CORPORATION 2100 Coral Way Suite 502 MIAMI , FL, 33145 Rev. 10l5,2009 WITNESS my hand and the seal of this court on June 01, 2011 . 1 Harvey Ruvin, Clerk of Courts Miami -Dade County, Florida Book27716/Page4594 CFN#20110378056 Page 1 of 2 OR BK 27716 PG 4595 LAST PAGE CERTIFICATE OF TITLE Case No: 08007418CA01 All of Block 6 of BEALE MEADE OF MIAMI SECTION NO. 1, according to the Plat thereof, as recorded in Plat Book 39, at Page 27, of the Public Records of Miami -Dade County, Florida Property address: 7301 BISCAYNE BLVD MIAMI FL 33138-5120 Rev. 10/5/2009 2 Book27716/Page4595 CFN#20110378056 Page 2 of 2 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a Lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: David Lin (First Name) HOME ADDRESS: 2100 Sans Souci Blvd Apt 703 CITY: North Miami (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE: FL IIOME PHONE: CELL, PHONE: 626-271-5888 EMAIL: dlin133138@yahoo.com FAX: ZIP: 33181 BOSSINESS or APPLICANT or ENTITY NAME Vagabond Motel, Inc. BUSINESS ADDRESS: 11790 Biscayne Boulevard, Miasmi, FL 33181 (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 for property located at 7301 Biscayne Blvd 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? ❑ YES ❑X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. n/a b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. n/a 5. Describe what is being requested in exchange for the consideration. n/a ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: I. 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 sa a issue shall be reviewed or considered by the applicable board(s) until expiration f a period of one year after the nullification of the application or order. of PERSON SUBMITTING DISCLOSURE— 1•Z'-'`•] Mr`a "�_ Signature David Lin, as President of Vagabond Motel, Inc., a Florida Corporation Print Name *_ oQ` Qom. Page 2 Sworn to and subscribed before me this Si day of AV U ! , 200 ) The foregoing ( instrument was acknowledged before me by David Lin , who h116diewt jje d as identification and/or is personally known to me and who did/did #044-c4@tq i/,* C ,O V��mberioi `.rA'��i STATE OF FLORIDA _ : om�e -ao 9 wN CITY OF MIAMI - ��'�-� I*; ••.� MY COMMISSION '�gp33 • i9 's. B°+l EXPIRES: 'HrigiairlyeOW ..' LWO 0\`\\ Enclosure(s) Pnnt Name__ — /�&I •IC I ltIE- Doc. No.:86543 CITY OFMIAMI "'" in DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: HOME ADDRESS: CITY: (First Name) (Middle) (Last Name) /0 0 �l S oa 1'7JveL / G) (Address Line 1) 4(0.14.4.4*‘ (Address Line 2) STATE: ZIP: 3 HOME PHONE:t�-1 /5 /J7. CELL PHONE: 30S / � S FAX: EMAIL: v Ct ( . BUSSINESS or APPLICANT or ENTITY NAM AL BUSINESS ADDRESS: (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 for property located at 7301 Biscayne Blvd 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? n 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 I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Signs ure A- lti. .%l- t Print Name 1, 11:' day of L.tQ -�-� l c Sworn to and subscribed before Inc this , 2O1/ . The foregoing instrument was acknowledged before g' f • as identification b , me ff .` /2 /- ) 'mil yr who has produced and/or is personally known to me and who did/did not take an oath. STATE OF IAMIFLORIDA - --��2 ' CITY OF MIAMI ��, ----Rr MY COMMISSION EXPIRES: 4 _ _ _ _ _ _ , 1�lo1ary • 0 4,: Pf . B''• MARISOL RODRIGUEZ Enclosure(s) ( Doc. No.:86543 ? • ,1`•rT., Notary Public - State biiFfbPIWin <<• uii ' My Comm Expires Sep 27, 2014 • ." Commission # EE 30092 Page 2 a9 EXHIBIT "A" All of Block 6, REPLAT OF BLOCK 6 OF BELLEMEADE OF 1VIIAMI SECTION 1, according to the Plat thereof, as recorded in Plat Book 56, at Page 27, of the Public Records of Miami -Dade County, Florida. �FQE_ND Casa. ,rr k a ..«.. an - to .m.. fr. WI .'r.... • e wa 1a. N.t . 7 IIi STREET B.aIP L.1 urc I TS-M r1 Gsf. I m A ....,.. N.E:74th `s 16-I£-•o txw..a.-�«.[..-sr.r. STREET r.aa s> an. vana as ma tit PP A08RE VIAT IONS IRELIEQENQ SOa LO SOR_WEE • • I.... tan e, totra.ttl In or La 1, a .Hach be by {Wail a 0 V.,. Ed • ®a sa�ara r .'a i a'^.'SiIIrvallM-atria .T*[ . WrnEmiliM: a^" -'Ea .T__ a S a , a-R-aaaa�a(raa-ia"a. IRT, �ERRRa li'ia- la ' i1Sr�E�.'i RYAN� msrame I ui - • r+'E-ice mini a: [r iaa!"a mom a1r"T-aataa-ag= a 1r: R� -Writ' rti A.3P.m 1 .YS J BOUNDARY SURVEY m w • hi_ Et. V74th ' 'STREE-T NEST[N V NI WNrlp' 73bd STRE.E•1' et--arw-ra-a • �'-�r'•�fa' = a • .l Sr 1 tira-imi ,JR1 i--inrarti-aca .Ilr^'^s inrraarrENIMa .1W-11 ra�rra aafaaa :1r"Y -• aatarraatara :PiEi-Es-,'".amm.grraprim M ra '14.11arit'a trim inr6M Wow ;Awart a W.E 1 IA h STEEL ^ a I Y E. 7/In S'WET �J P.E. 73rd 51PEET I (7)I I.QCATION SKETCH WIT re sc.L4 SURVEYORS NOTES: r I Pray AA of t.ar [ a •R-'tAi m mnca l o RILL bl v raw tarn. r , la I PI' Van 4, a a ......,«.. w... a...�. .«.« saaa ..«....a...0..a Mw. ,. i.. arr....s Pr wax i, a"'..a[W1+Cw .NwPv. ,Ta. : .... S«... «.. r.... :•-�y.•...•. tat ..a....+ v.. r.r., •.+. wirers. • mew ....v. w fa. . Mta u.aur•t fro, A .[ • r„ limo a a...vat. Oa tan rant • a Sava. af ona Soar. a Cat Cav• aaa u.''.. rl.rrr a ....�... A..k.. ..... sown r.... a Nowart.. r,._ cPa,Irr ta, ... T...... c..,.r« w w..l . r.....« a .....; M i:w ga 4 r ar SURVETORS CERT[OICATEI M..+n.trava +. cr.. N «.a«i . 2.022 Orr. Ira 6 +.+ s >+ rim eIse• J. BONFILL S ASSOCIATES, INC. ,so •er .a 1 wa+M•ee a�e..Jr r.4n «n..+ r