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Home My WebLink AboutPZAB 09-19-12 Supporting DocsPZAB.1 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Land Use: Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 12-008391u 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 2984 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 2984 SW 21 st Terrace [Commissioner Francis Suarez - District 4] Ben Fernandez, Esquire, on behalf of 2991 Coral Way, LLC 200 S. Biscayne Blvd., Suite 850 Miami, FL 33131 (305)374-5300 Duplex Residential This will change the above property to "Low Density Restricted Commercial". Denial. See supporting documentation. September 19, 2012 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 2984 SW 21st Terrace File ID 12-00839Iu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Duplex Residential" to "Low Density Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Duplex Residential" future land use category allows residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). The "Low Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily 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. DISCUSSION The subject area consists of one parcel comprising approximately 0.21 acres. The site is located on a block that is located between SW 27th Avenue to the east, SW 22 Street (Coral Way) to the south, SW 30th Court to the west. The parcel is located on the south side of SW 21 st Terrace where it veers north to become SW 21st Street, in the interior of the aforementioned block. Presently the site and the areas surrounding it to the north, east, and west are designated "Duplex Residential". The areas to the south along Coral Way are designated "Restricted Commercial". The subject site is in the FLAGAMI NET Service Center Area and the CORAL WAY NET 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. In addition it allows for an encroachment of commercial uses into a residential area. • 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, east, and west by a Duplex Residential area, the density, intensity, and uses allowed by the Low Density Restricted Commercial category will be out of scale and character with the surrounding duplex residential neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Residential" future land use category allows residential structures up to a maximum of 18 dwelling units per acre. The requested "Low Density Restricted Commercial" designation allows density equivalent to "Low Density Multifamily Residential" or 36 dwelling units per acre. There is an increase in potential density that would be out of scale with the surrounding areas to the north, east, and west. • 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 T3-O — "Sub -Urban - Open" Transect Zone. These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. FUTURE LAND USE MAP (EXISTING) SW 19TH TER SW 19TH TER SW 20TH ST SW 21ST TER Low Density Multifamily Residential SW 23RD ST 150 300 600 Feet SW 22ND ST SW 23RD ST 1 1 1 1 1\1 SW 21 ST ST SW-21 ST-TER SW 23RD ST ADDRESS: 2984 SW 21 TER FUTURE LAND USE MAP (PROPOSED) SW 19TH TER SW 19TH TER SW 20TH ST SW 21ST TER Low Density Multifamily Residential SW 23RD ST 150 300 606eet SW 21 ST ST Low Density Restricted Commercial SW 22ND ST SW 23RD ST 1 1 1 1 1\1 SW-21 ST-TER SW 23RD ST ADDRESS: 2984 SW21 TER 0 150 300 600 Feet ADDRESS: 2984 SW 21 TER v<<c schd Miami -bade County Public Schools giving our students the world Superintendent or Schools Alberto M. Carvalho August 13, 2012 VIA ELECTRONIC MAIL Mr. Ben Fernandez, Esquire c/o 2991 Coral Way LLC 200 South Biscayne Boulevard, #850, Miami, FL 33131 BFernandez@BRZoningLaw.com RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS 2991 CORAL WAY LLC — LG # 12-00839Iu LOCATED AT 2984 SW 21 TERRACE PH0112080700429 - Folio No. 0141090390810 Dear Applicant: Miami -Dade County School Board Pena Tabares Hantman, Chair Dr. Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Carlos L. Curbelo Renier Diaz de la Padilla Dr. Wilbert 'Tee' Holloway Dr. Martin Karp Dr. Marta Perez Raquel A. Regaledo 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 7 multi -family units, which generate one (1) student at the elementary school level. At this time, the elementary school level has 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. Sin Rodri Director I IMR:ir L057 Enclosure 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 Cancarrency Management System (CMS) Miami Dade County Public Schools -L MDCPS Application Number: Date Application Received: Type of Application: Applicant's Name: Address/Location: Master Folio Number: Additional Folio Number(s): Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis PH0112080700429 Local Government (LG): Miami 8/7L2012 2:07:11 PM LG Application Number: 12-008391u Public Hearing Sub Type: Land Use 2991 Coral Way LLC at 2984 SW 21 Terrace 200 S. Biscayne Boulevard #850, Miami, FL 33131 0141090390810 PROPOSED # OF UNITS 7 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 7 CONCURRENCY SERVICE AREA SCHOOLS CSA Id Facility Name Net Available Capacity Seats Required Seats Taken LOS Met Source Type 5041 SILVER BLUFF ELEMENTARY 18 1 1 YES Current CSA 6741 PONCE DE LEON MIDDLE - KEY BISCAYNE K-8 CTR - CORAL GABLES K-8 CTR (MID COMP) 52 0 0 YES Current CSA 7071 CORAL GABLES SENIOR HIGH -432 0 0 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 ;f Public School Concurrency %,;,; Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * Ben Fernandez on behalf of 2991 Coral Way, LLC Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com Application Address * 200 S. Biscayne Blvd., #850, Miami. FL 33131 Contact Fields Information Contact Name * Ben Fernandez Contact Phone * 305-377-6235 Contact Email * BFernandez a BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGavPci.miami.Fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4109-039-0810 Additional Folio Number Total Acreage * t0.21 Proposed Land Use/Zoning * Low Density Restricted Commercial Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 7 Total # of Units * 7 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 * !, ,it lit -Fernaod6- Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 0 ner(s)/Attorney/Appli nt Sig ture 20Ais-6 AMIO:LIU The foregoing was knowled d before me this llr, day of f Mq IA) 20 17- by e f vas ei L who is a(n) individual/partner/agent/corporation of ' QyV gnJ"o[�� JLt 1 d11rc) 'F=4,31. 0Ctel - individnaUparinership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. re BERCOW RADELL & FERNAN DEZ ZC7N1NC3, LANE) USE ANC) ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernadnez(a�BRZoningLaw.com VIA HAND DELIVERY July 31, 2012 Mr. Anel Rodriguez City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Comprehensive Plan Amendment - 2995 Coral Way, Miami, Florida This law firm represents the owner of the referenced commercial property located on Coral Way. This letter shall serve as the applicant's letter of intent in support of the enclosed applications for a land use change and a rezoning. The application is to rezone a portion of the property from T5-O to T4-O and the remainder of the property from T-30 to T-40. The rezoning is necessary in order to allow the vacant portion of the property to be utilized as a surface parking area for the existing commerci_i.1 development. There is a corresponding land use application to re- designate the Duplex Residential portion of the property to Low Density Restricted Commercial. The owner is prepared to eliminate the current vehicular access from the property onto SW 21st Terrace and require that all access to the Property be via Coral Way. This will result in a reduction in impacts to the duplex residential area to the north while allowing surface parking to support the commercial property on Coral Way. For the foregoing reason we request your favorable review and recommendation. Sincerely, Ben Fernandez BF/ bl Enclosures WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 1360 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.8222 COMPREHENSIVE PLAN naPucariqN;,,,c PLANNING DEPARTMEN PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SE WPA'41�L 2O PK 12: 56 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing 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/zx11") 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 (NIIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of 2991 Coral Way, LLC 2. Subject property address(es) and folio number(s): 2984 SW 21 Terrace (01-4109-039-0810) 3. Present designation(s): Duplex Residential 4. Future designation(s): Low Density Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? Yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No 7. Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a Land Use Change within the last year? No 8. One (1) original, two (2) 11x17" copies and one (1) 81/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, Tess 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. 03-2012 2 COMPREHENSIVE PLAN APPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? ±0.21 Acres 20. What is the purpose of this application/nature of proposed use? To allow accessory parking. 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No. 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No. 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. No. 24. What would be the anticipated duration of the presentation in front of the: I] Planning, Zoning and Appeals Board 0.5 hours and/or 0 City Commission 0.5 hours 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package *Fees over $25; 00 Signature Name Telephone Ben Fernandez, 305-377-6235 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 in the form of a certified check, cashier's check, or money order. Address 200 S. Biscayne Blvd. # 850 Miami, FL 33131 E-mail BFernandez(BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this C:31 day of v 2012, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radel & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or wh • has produced as identification and who did (did not) take a (Stamp) $fir °ti Notary Public State of Florida y'r;Ana Hernandez < My Commission EE075919 of a°o Expires 04/29/2015 Sig Rev. 03-2012 3 COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, 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, 0 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. Ben Fernandez, Esq. Applicant(s) Name Ap icant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE o II The foregoing was acknowledged before me this day of 14111 J 2012, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. 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 oa (Stamp) 4'1• • • , i BETTY UFRENA .„4 MY COMMISSION N DD 060413 EXPIRES: Ms 5 2014 ThruBonied tioterY Public Underwriters • Rev. 03-2012 4 COMPREHENSIVE PLAN APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) 2991 Coral Way, LLC Percentage of Ownership Dennis Holding (100%) Subject Property Address(es) 2984 SW 21 Terrace (01-4109-039-0810) 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): 2995 SW 22 Street (01-4109-039-0792) See Exhibit B 2991 SW 22 Street (01-4109-039-0800) See Exhibit B Ben Fernandez, Esq. Owner(s) or Attorney Name Owiler(s) or Attorney ignatre STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this Z ' day of 2012, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell Fernandez P.A. a(n) individual/partnership/corporation. He/She is personall known to me or who _•roduced as identification and who did (did not) take (Stamp) �►y Notary Public State or Florida :'A+ - � '0. Ana Hernandez c. . o` My Commission EE075919 ''ta * Expires 04/29/2015 Signature Rca.03-2012 5 Exhibit A LEGAL DESCRIPTION: LOT 26 BLOCK 3 OF MILLERDALE SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 AT PAGE 18 OF THE PUBLIC RECORDS MIAMI-DIODE COUNTY, FLORIDA Exhibit B Lots 24, 25 and 26, Block 3, MILLERDALE, according to the Plat thereof as recorded in Plat Book 6, Page(s) 18, Public Records of Miami -Dade County, Florida (LESS that portion taken from right of way along Cora] Way) together with that part of Lot 23, Block 3, "MILLERDALE", more particularly described as follows:Beginning at the most Northerly corner of Lot 23; thence Southwesterly along the Northwesterly line of said Lot 23; thence Southwesterly along the Northwesterly line of said lot 23; a distance of 111.08 feet to a point, said being the point of beginning of the parcel of land to be described; thence continue along the Northwesterly line of aforesaid Lot 23, a distance of 60.14 feet to a point on the present street line of Coral Way, said point also being 35 feet North of and parallel to the South line said Lot 23 a distance of 34.78; thence Northerly along a line forming at right angle with last mentioned course a distance of 49.18 feet to the point of beginning. Parcel Identification Number. 0141090390792; 0141090390800 and 0141090390810 Less LEGAL DESCRIPTION LOT 26 OF MILLERDALE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 OF THE PUBLIC RECORDS MIAMI-DADE COUNTY, FLORIDA BLOCK 3 SUBDIVISION AT PAGE 18 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: Ben J. Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: 200South Biscayne Boulevard CITY: (Address Line 1) Suite 850 (Address Line 2) Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 FAX: (305) 377-6222 EMAIL,: BFernandez@BRZoningLaw.com BUSSINBSS or APPLICANT or ENTITY NAME 2991 Coral Way, LLC BUSINESS ADDRESS: 2991 Coral Way (Address Line 1) Miami, FL 33145 (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. Rezoning application and Comprehensive Neighborhood Plan Amendment to allow accessory parking. 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? LI YES Q 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. N/A c. N/A * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A 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 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 sa . issue shall be reviewed or considered by the applicable r ) until expirat' in o . period of one year after the nullification of the applicati or o er. PERSON SUBMIT I ING DISCLOSURE: ^� Ig Ben J. Fc! nandez 1.� ' clay o/ by rnid'or is personally //�Af fafrA Print j1:69 known Name ,Su.orn to and subscribed here me this instrument was- acknowledged be/ore me as identification STATI OF FLORIDA CITY OF \11ANI1 1 I� 11 ( �, T I BETTY is I `� P I SAS`' II, EX� II ®D2014 i$: MOO s'tlOdAles ` 45 i e foregoing - , who has produced to me and who AL/id not take an oath. Notary ri�/C l l f C/��!'� 1 •q;. woo MN NaenJ Pr. I ncIosur� Doc. No.:86543 Name Page 2 111111111111111111111111111111111111111111111 CFN 2009R0421513 0R Bk 26898 Pss 1931 — 1933; (3ass) RECORDED 06/11/2009 11:08:20 DEED DDC TAX 7,765.80 SURTAX 5,824.35 HARVEY RUUIN? CLERK. OF COURT MIAMI—DADE COUNTY? FLORIDA Prepared by and return to: Eugenio Duarte, P.A. 999 Ponce de Leon Blvd. Suite 735 Coral Gables, FL 33134 305-444-1958 File Number. 1156.330 [space Above This Lin For Recording Deal Warranty Deed This Warranty Deed made this 8 day of May, 2009 between and JWC Coral Way Properties, LLC, a Florida limited liability company whose post office address is 2991 Coral Way, Miami, FL 33145, grantor, and 2991 Coral Way, LLC, a Florida limited liability company whose post office address is 6.)gehio Dry ��,f1/4, '199 Prince, ova- , grantee: L,e,�v, Blvd 3S i Covcd eicxbles, �FL.. ?,313`A (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witneaseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lots 24, 25 and 26, Block 3, MILLERDALE, according to the Plat thereof as recorded in Plat Book 6, Page(s) 18, Public Records of Miami -Dade County, Florida (LESS that portion taken from right of way along Coral Way) together with that part of Lot 23, Block 3, "MILLERDALE", more particularly described as follows:Beginning at the most Northerly corner of Lot 23; thence Southwesterly along the Northwesterly line of said Lot 23; thence Southwesterly along the Northwesterly line of said lot 23; a distance of 111.08 feet to a point, said being the point of beginning of the parcel of land to be described; thence continue along the Northwesterly line of aforesaid Lot 23, a distance of 60.14 feet to a point on the present street line of Coral Way, said point also being 35 feet North of and parallel to the South line said Lot 23 a distance of 34.78; thence Northerly along a line forming at right angle with last mentioned course a distance of 49.18 feet to the point of beginning. Parcel Identification Number. 0141090390792; 0141090390800 and 0141090390810 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 3) Book26898/Page1931 CFN#20090421513 Page 1 of 3 To Ilav and to Hold, the same in fee simple forever, subject to the mortgages described in Exhibit "A" attached hereto (collectively the "Mortgages"). And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2008 and the Mortgages. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and deli our presence: q % sJi1 r-/ BY: Print Name of Witness John W. Cam Sole Managing Member �JCSe--Cgnu FR.EA-- 0 Print Name of Witnes STATE OF FLORIDA COUNTY OF MIAMI-DADE JWC CORAL WAY PROPERTIES, LLC, a Florida limited liability company Ait. THE FOREGOING instrument was acknowledged before me this [Ai day of May, 2009, by John W. Campbell, as the sole managing member of JWC CORAL WAY PROPERTIES, LLC, a Florida limited liability company, who has produced his CS/ ' -`�, as identification and who did take an oath. Public, State of Florida My Commission Expires: o! /(p / 2 l�r NOTARY PUBLIC -STATE OF FLORIDA Zig, Sandra Mesa Commission # DD519508 F)TireS: FEB. 16, 2010 d.d.. r.. _ .,.....,t.;c bonding Co., inc. i•� Book26898/Page1932 CFN#20090421513 Page 2 of 3 OR OK 26898 PG 1933 LAST PAGE EXHIBIT "A" 1. Mortgage from JWC Coral Way Properties, LLC, a Florida limited liability company to Mercantile Financial Services, Ltd. recorded October 18, 2007 in Official Records Book 25995, Page 0798 of the Public Records of Miami -Dade County, Florida, in the original principal sum of $500,000.00. 2. Mortgage from JWC Coral Way Properties, LLC, a Florida limited liability company to Daystar, Inc. recorded September 2, 2005 in Official Records Book 23745, Page 323 of the Public Records of Miami -Dade County, Florida, in the original principal sum of $1,000,000.00. 3. Mortgage from John W. Campbell to Atlantic Financial Service, Inc. recorded February 27, 2003 in Official Records Book 21064, Page 769 of the Public Records of Miami -Dade County, Florida, in the original principal sum of $1,000,000.00. 4. Note and Mortgage Modification Agreement between John W. Campbell and Atlantic Financial Services, Inc. modifying that certain Mortgage recorded on March 12, 1998 in Official Records Book 18015, Page 2211 in the original principal sum of $300,000.00 and that certain Mortgage recorded January 28, 1991 in Official Records Book 14875, Page 396 of the Public Records of Miami -Dade County, Florida, in the original principal sum of $300,000.00. 5. Mortgage from John W. Campbell to D. Felman and Associates, Inc. Money Management Services recorded on April 18, 1986 in Official Records Book 12860, Page 1473 of the Public Records of Miami -Dade County, Florida, in the original principal sum of $300,000.00. 6. Mortgage from John W. Campbell to Marshall D. Simons, Anita Simons, Stuart M. Simons, Rochelle Simons and Howard E. Lessner, Trustee recorded on September 29, I980 in Official Records Book 10883, Page 1247 of the Public Records of Miami -Dade County, Florida, in the original principal sum of $20,000.00. Book26898/Page1933 CFN#20090421513 Page 3 of 3 NO VALID UNLESS EMBOSSED HMO SURVEYOR'S SEAL RFV LSED. 13 ABeREVIATION0 SNK+SIDE'VNK. CRS+CONCRETE BLOCK STRI ICTURE_ Clr•^.IIAINLIHKFenCe. PL•PRO.•ERTYLYIE. DIIF•DRAPSAGE UTLITYEASEM ENT IP-VIO:I FIFE F•rOVND, NC.AIR CONDITIONER PAO. BE -PROPERTY CORNEP. C0IARDS I ED HOLE. VVT•VAODEN FENCE, RE6-RESIDENCE CI.CI FAR, 00.070AR. IIE•UtIITY EASEMEIIT, COM-CONCRETE SLAIN r ANAM PT OF VAT. DE•DRANAGE EASE0ENr, Ca.•CENTER LINE. O+DINdrMR. TYR-TYPICAL 4.4EASUREO R•RECOROEO. EFICR-ENDr1OA61 WWI COMF.c,Ns.0IFP, A91-ASP,INT NThNA5 a DISC. S-SF11 FIE.FIHISN FI OOR ELEVATION O1S.OFF SET, P,P.PONER POLE OHP•OVETe1EAOPOV41SLIHE, NM.•VATER ME TER POPO ,INISOO LvAL•L 1 m 1 ELEVATION BASED ON LOC. # 4132 wIm IENIµ10E 6OE[wW�QEEASEMENT*Ma l�I�� CBM# p-436 ELV. 9. 86' TYPE OF SURVEY: BOUNDARY SURVEY S4RVEYQR'S _OTES 1) OIMYERSNIP SUBJECT TO OPINION OF TITLE. 2)'NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3) TI IE SURVEY DEPICTED FIERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 4) LEGAL DESCRIPTION PROVIDED BY CLIF1Jj_-0) _ UNDERGROUND ENCROACIIMENTS NOT LOCATED. 6) ELEVATIONS ARE BAOED ON NAf lotFAl. GEODETIC VERTICAL DATUM OF 1929 7) OWNERSHIP OF FENCES ARE UNKNOWN. 8) TFIERE MAY BE ADDITIONAL RESTRICTIONS NOT SHOWN ON TI-IIS SURVEY THAT MAY BE FOUND IN Ti IE PUBLIC RECORDS OF Ti IDS COUNTY. 9) CONTACT THE APPROPRIATE AUTHORITY PRIOR TO AN DESIGN WORK FOR BUILDING AND ZONING INFORMATION. 10) EXAMINATION OF THE ABSTRACT Or 'I I I E WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRI IMENTS, IF AN Y, AFFECTING THIS PROPER CY. 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. BEARIFIGS W 151J SHOWN ARE REFERRED TO AN ASSUMED VALUE OF SAID PB 6 PAGE 18 LOCATION SKETCH SCALE: NTS SAY. 22nd STREET SURVEY OF: 2984 S.W. 21ST TERRACE, MIAMI, PL. 33145. LEGAL DESCRIPTION: LOT 26 BLOCK 3 SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 AT PAGE 18 OF THE PUBLIC RECORDS MIAMI—DADE COUNTY, FLORIDA OF MILLERDALE 1 HEREYY CERTIFY That the survey repres_nl'd !hereon meets the minimum Iechrlical regmrer-sau:s adapted by the STATE OF FLORIDA Board of Land Surveyors pursuant to Section 472.027 Florida $Glides There ere no encroachments. overlaps, easements appearing nn the plat or visible easements other Than as shown hereon. _ ADIS N. NUNEZ REGISTERED LAND SURVF_i OR STATE OF F LORIDA #5924 SINCE 1917 BL.ANCO SURVEYORS INC. Engineers • Land Surveyors !.Planners • .LB #.0007059. _ 555 NORTH SHORE DRIVE MIANII BEACH, FL 33141 (305) 865.1200 Email: blancosurveyorsinc@yahoo.com Fax: (305) 865-7810' FLO ZOi4E: % SUrf1X: L DAFE: 9/11/09 BASE N/A PANEL 0313 COMMUNITY # 120650 DATE SCALE. TIWN. BY: JOB Ho 7/19/12 1•=3O' F.Nam° . 12-295