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HomeMy WebLinkAboutApplication & Supporting DocumentationBERCOW RADE LL & FERNAN D EZ C3 r•-a . LAi. Al ED USE R N ID E N \J I E4 J F.A a N i.A. LA W Direct: 3a5-377-6235 E-Mail: ElFernadnez{cI BRZcninut,aw.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: Rezoning - 2995 SW 22 Street, 2991 SW 22 Street and 2984 SW 21 Terrace 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 T5-0 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 commercial 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 850 • MIAMI, FLOFIIDA 33131 PHONE. 395.374 5300 • FAX. 305.377, 6222 Analysis pursuant to Miami 21 Article 7.1.2.8 (c) (2)(g): Attached are photographs of the building facades within a 300 foot radius of the property as well as an aerial photograph. The land use designation is primarily Restricted Commercial and The requested rezoning is justified based on the fact that there are currently other commercial properties along Coral Way that contain parking along SW 21 Terrace. In particular the vacant lot that is part of the application is ideally suited to provide parking and provides an appropriate transition area between the commercial use and the nearest residential property along SW 21 terrace to the west. Also, the Coral Way commercial corridor in this area lacks adequate off-street parking. For these reasons, the rezoning would help to address this need. The existing zoning of the vacant lot is clearly inappropriate as there has been no residential use on the property for years and the appropriate use of the property is as a surface parking area that can also provide a buffer between the commercial corridor and the nearest residential use. 2995 SIN 22nd St, Miam I 1 i 4 1 1' 1 1 1 FINAL DECISION +44,,. , ,(T- -.. i Mr, Serf F iaridez, Esq. ► �' c• ,� } ' 200 Biscay a Boulevard 4:,'T`1P,$ Ii.lpite 850. 1 Miami, FL 33133, r . * f CbRP i+ I i J. , ry-w Barnabt0 L. Mini j.` Ntor.)6Zonir7, Ad nInistr`ator Office of Zra: -TARE NOTICE THATY4 FINAL.DEc1SIbN HAS BEEN REACHED ON THE FOLLOWING MATTER: r• 'TitVe Aqua Lot Size Address: 2991-2995 SW 22"d Street and 2984 SW 21 Terrace Miami, FL.33145 Final Decision: ❑ Approval 10 Approval with condition • Denial FINDINGS AND CONDITIONS: The subject proposal has been reviewed for the following Administrative Permit: • WAIVER, pursuant to Article 7 Section 7.1.2.5(0(28) of the Miami 21 Zoning Code, to allow modifications up to 10% of any standards of the Code. Specifically, to reduce the minimum required Lot Size of 40,000 square feet as per Article 7 Section 7.2.8(c), to 36,000 square feet. Pursuant to Article 7 Section 7.1.2.5(a)(28) of the above cited Miami 21 Code, the Office of Zoning has referred this Waiver application to the Planning Department. Their comments and recommendations have been duly considered and are reflected in this final decision. In reviewing this application the following findings have been made: FINDINGS: • It is found that the zoning designation for 2984 SW 21' Terrace (Folio No.0141090390810) is Sub -Urban Transect Zone (T3-O) • It is found that the zoning designation for 2991-2995 5W 22" Street (Folios No.0141090390800 & No.0141090390792), are Urban Center Transect Zone (T5-0). • It is found that the applicant pursuant to Article 7 Section 7.1.2.5(a)(28), is seeking Waiver approval to reduce the minimum required lot size of 40,000 square feet as per Article 7 Section 7.2.8(c), to 36,000 square feet. • It is found that with the approval of this Waiver, the applicant intends to pursue a rezoning of land from T5- OfT3-0 to T4-0, with the purpose of providing additional surface parking for the existing commercial development on Coral Way. • It is found that this application was referred to the Planning Department on June 8, 2012. FINAL DECISION • It is found'that �tht-applje.ation ►%as reviewed by the internal Design Review Committee on June 26, 2012.and (If comments were }rovideii?at that time. , 4- 0,2, it is found that only plans sUbmitted io t e Office of Zoning as part of this Waiver application and reviewed by , this officeare t,, approved. - ' i 1 '� 1 t. •' Iti �fout p tiles +ere:seta to`af� butting property owners and registered homeowners' associations, 1 i ' \\%s...„ .'y. It is found,that the Office°of Z ni Eras not received any objections from any of the noticed parties. it found that the applicatio,i bas been reviewed and found sufficient pursuant to the requirements of the Miami 21 Zoning Code. is founJ that er y t#ae Tleviation s discussed in this Waiver are approved. Full compliance with all other-M'B ri2J.Ioning Code requirements is still required. CONDITIONS: Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Article 7, Section 7.1.2.5(a)(28) of the Miami 21 Zoning Code, the subject application is approved with the following conditions subject to the plans and supplementary materials submitted by the applicant and on file with the Office of Zoning: • The Waiver approval is conditioned on a full review by the Office of Zoning at time of building permit application. Any substantial changes that arise may require a new Waiver. • A Unity of Title shall be executed by the applicant at time of the granting of Re -Zoning NOTICE The final decision of the Zoning Administrator may be appealed to the Planning, Zoning and Appeal Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130 Telephone number (305) 416-2030. Signature: aby L. Min oning Administrator Office of Zoning Date: iE t3 r • Ha1 VAUD UnLESS EMICaSEn W,H, M ,1l1CpIarCa ': SURVEYOR'S SEAL noCO, r� ELFrf,11Ct� BASED ON LOC. if 4132 �i Tom• 9e ;- CBM* 1'-036 ELV. 9.86 1YPE OF SURVEY: nouNne—• t„R1EY µr.,IF'' a[nN iE %•tl,rNl Ye aiffiglOSSACELM » UWtiERSHIP SUBJECT TO DPNN1014 OF TITLE. 2) NOT VALID 'M111 VDT i1 iE SIGHATUI E min RAISED SEAL or A rLORML7A LICENSED SUR",EYOR AND WARDER. }l T11E St1RVEY S7EPIC1 EL HERE is N: ,1 rhVEI to BY rmunEsSI0NA[ ttABIUTY IHSURAHC6 4) LEOAL OESCRYPT10N PrnOVIOEU BY CLIENT, _ UEmIcA DALm OritOACHME,•r I5 icasHIP FEDFYNCES LMFAurr4K IV1M7. a3ETHERErmAy a Al7OIiK]Fry VERTICAL 0A111M l S O tt 1]NII RES1 yi1C 1 x]Nt5 H,a� t SHONti IXi 7 FlIS SttRVEY tN1A I MAY BC FC'41N0IN 71 IE PUBLIC RECORDS Of 11 IIS COUNT r. 3; CONTACT THE AI PROP/MALE AUL1irrtlTY PRIOR 10 ANY DESIGN WAX. FOR BUILDING AND 20)1110 INFORMATION ID) EXAMINATION OF THE ABSTRACT OF TITLE ORLI_ HAVE TO RE IAADE 1 r, 0E1ERMINE RFCOM=t :t eaSYgf11,tE I rt5 1Y- Aar A I£ECI IHG I t Il5 OR/ PERT 0Z-5 na1Ell SI,ONM ARE REFERRED TO 444 ASSUMED SLUE OF SAID PR PAGE LOCATION SKETCH SCALE:NTS "1L.Ei i` `h7 I U OF ICIAL DOI3NT Q Permit fir /%_ Signature: lJ ignaluro: WA .IL�f^VV� Date: 0� e� — �i1- 8,11t. SON1 COURY EASEMENT AS PER : OFFICIAL RECORDS 50O' 12524 PAGE 1846.M1A10 DADE COUTITT PUBLIC RECORDS SURVEY OF: 2991 CORAL 1/AY. MiAMI, FLORIDA 33145. _igDe s ctiptign Lots 24, 25 and 26, Rioek 3, MIT 1 FRDALE, according in the plat thereof as recorded in Pis( Bock 6, Page(*) 18, Public Records of Miami -Dade County, Florida (LESS that portion taken for eight away* along Coral War) together with that part of Lot 23, Block 3,'•M1LLURIIALB", mote par cullrly described as follows' R,•ginnvrg .r the rnrnl hlottlledy Captor of Lot 23; thenxa Southwesterly aling tha Nnrdreesrerly toe of *aid Lot 23; tbhnrr SOudiwestet)y along the Northwesterly line of said Lot 23; a distance of 111.08 Feet to 1 point, said point being the point of beginning df d.: parcel of Sand to be described; thence continue along the Northwesterly line of *foretold i.0t 23, a distance of 6011 feet 1,7 a point on the ptracnt nett Nut of Coral Way, said print ales being 35 feet North of the South line of said Lot 23; thence Ei.tedp along a line 35 feet North of and parallel to ll,e South Bus raid Lot 23 a distance of 34.7R Feet; thence Norrhetiy along a line forming a eight angle with last mentioned bourse a diswr, a of 49.15 feet to the point of beginning. HEREBY CERTIFY Thal Iho sunray ,eE,s�nted Shemin West, Ilea ,,ariepNn Iechr, I tayal.n.`:n11 mooted oy 0,e STAI E OF FLORIDA B0a10 at Long Stifnerata. POMMY! 1a Sectlan_91l 027 F 1. S}afuks Tha. 1* ,•a noao*ct.rarLs, L,.,iapa, eae^rDents appe«r..r pr, Il,e 01.1 a Akio Paserlte1ftr ntlu, Ihan a3 alrFa IIMl.01, 1sD' J1 ti f1E01$T EKED LAND SURVET(' S1ATE OF FLORIDA 15924 SINCE tsfi! SLANCO SURVEYORS INC, EnEin.ere • land Siirooy611 • Plan,nia • LE 6[ro0a5 555 N0RYI1 301001E DRIVE PILAW BEACH, FL 33141 [3061 865-1700 EmeR- hlmr*ni1rv.yonlrr r$•yaheo,carn Fax: (305) 866.7810 Le)C U 1111A,)Cur rile: L bAft 9/1I /O9 p'.SF N A 'PANEL 0313 120650 L'OMMUNITY I [.;�.I i , Pries Err .IOti No 3/27112 1 f"-30 eas<. 12-295 OFF CIA DO I RI Permit # Signature: Date: ID -I I- 1 _ 1 r mew if %PM Viv•••••4. ay. •••••••• +1,-• • ••P „ • 1- 11. r - - "eV v••••••• ••••••=v—.-= • • • • • v 14.• m. • - .1 V V4.4 SW_ /9a-42. REZONING APPLICATION RECE{V 6 PLANNING OEPARTMEN PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECMJUL 20 PK 12: 55 444 SW 2" � Avenue, 7t'' Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.comlhearinq 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 coutd 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 (8Y2x11 ") 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 hearings) 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 resotutions 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. Rcv. 03-2012 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. Applicant(s): Ben Fernandez, Esq. on behalf of 2991 Coral Way, LLC Subject property address(es) and folio number(s): 2995 SW 22 Street (_01-4109-039-0792): 2991 SW 22 Street (01-4109-039-0800); and 2984 SW 21 Terrace (01-4109-039-0810) Present zoning designation(s): T5-O and T3-0 Proposed zoning designation(s): _ T4-O 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, G. One (1) original, two (2) 11 x 17" copies and one (1) 81/2x1 1 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. 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 feast 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 properly. 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(tes) cannot have any open code enforcement/lien violations. �trr 03-201 REZONING APPLICATION 17. What is the acreage of the project/property site? ±0.826 acres 18. What is the purpose of this application/nature of proposed use? To allow accessory parking. 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 ° Floor for information. No. 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3`d Floor for information. No. 21. VVhat would be the anticipated duration of the presentation in front of the: I Planning, Zoning and Appeals Board 0.5 hours and/or El City Commission 0.5 hours 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 O, T6-24 O, 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, 00d.9. slfall be pa.r irkhe form of a certified check, cashier's check, or money order. Signature Name Telephone Ben Fernandez, Esq. 305-377-6235 Address 200 S. Biscayne Blvd. # 850 Miami, FL 33131 E-mail BFernandez{cr BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MtAMI-DADE �~ The foregoing was acknowledged before me this l day of J l 2012, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Rad & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to $. _ or w o has produced as identification and who did (did not) take an BETTY LLEf ENA MY COMA STO I OD O6(ld 13 EX ES- 11.1w4t1 5,20r4 Booled Duo Noisy Pudic Unduw. Je s 0/011% Atiffili I /Aii,g (Stain+I a re 40 Rev. 03-2(M2 REZONING 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: 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. 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. 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 Appl ant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADS The foregoing was acknowledged before me this day ofUL 2012, by Ben Fernandez who is a(n) individual/partner/agent/corporation of Bercow Radell ernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to_ or who has produced as identification and who did (did not) take an (Stamp) ure Itc 5' O3-20I REZONING APPLICATION 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) 2991 Coral Way, LLC Percentage of Ownership Dennis Holding (100%) Subject Property Address(es) 2995 SW 22 Street (01-4109-039-0792), 2991 SW 22 Street (01-4109-039-0800): and 2984 SW 21 Terrace (01-4109-039-0810) 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). N/A N/A Ben Fernandez. Esa. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE er(s) or Attorney S e natu The foregoing was acknowledged before me this 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 personaIl knc vn to rig or hb has produced as identification and who did (did nop,tbke an ath. c (Stamp) e h Notary Public State of Honda " Ana Hernandez y 17 My Commia1Wn EEOT59t9 Expires 04/29/2015 If Pp. 03-11I Exhibit A 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 comer of Lot 23; thence Southwesterly along the Northwesterly line of said Lot 23; thence Southwesterly along the Northwesterly Iine 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 descnbeci; 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 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO ;° SUPPORT OR WITHHOLD QI3JECTIUN 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 hearings) 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) (Las( Name) HC)ME ADDRESS: 200South Biscayne Boulevard CITY: (Address Line 1) Suite 850 (Address Line 2) Miami STATE: Florida HOMEPHONE: (305) 377-6235 CELLPHONE (305) 978-2866 F rvIAtL: BFernandez@BRZoningLaw.com ZIP: 33131 FAX (305) 377-6222 BUSS! NI:SS or APPLICANT or ENTITY NAME 2991 Coral Way, LLC BUSINESS ADDRESS: 2991 Coral Way (Address Line 1) Miami, FL 33145 {Address Line 2) I. 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? 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. pm No.:R,543 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 Addilional 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: I. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or for the same iss shall be reviewed or considered by the applicable bo +(s) u expiration o' ' p: od of one year after the nullification of the application o order. I'Ll15ON SUBMITTING ❑ISCL.OSURL- gnarur Ben J. Fernandez Pant Name ,ili.ni.n to iwd ,crr/Yscrihcd he/irr•e me this [ 6l dui' n/ l"l e bregoi►tg irr,crrvrrrrerrr +rags erclrr:riii / dgecl before me by • who has prochrc'ed us /deniifc•utnrr crrid nr i,r per.corrulli' kri471I'41 10 Me and who did dial out Ike rare Oath STATE OF I'LORIDA CI TY OF MiAMl h.•ll' COMMISSION 1-N1'112F. lincimurd oc. No.:SG543 laIA otary Punt Name 111111111111111111111111111111111111111111111 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 ibis Lam Fa Rmor g Distal C:FNJ 20')9RC1421513 OR 8k 26898 Fss 1931 - 1933; (3Pss) RECORDED 0 / 11 /200V 11:05; 20 DEED DOC TAX 7r765.80 SURTAX 5r324.35 HARVEY RUVIi'Ir CLERK OF COURT MIAMI-DADE COUNTY! FLORIDA Warranty Deed This warranty Deed made this A C} day of May, 2009 between and IWC Coral Way Properties, LLC, a Florida limited liability company whose post office address is 2991 Coral Way, Miami, FL33145, grantor, and 2991 Coral Way. LLC, a Florida limited liability company whose post office address is Cb.x2v ' �, gC1CPolw , grantee: (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 tnistets) Witneaseth, that said grantor, for and in consideration of the sum of TEN AND NO/l00 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, MTLLERDALE, 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, "MTLLERDALE", 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 (emu its, hereditaments and appurtenances thereto belonging or in anywise appertaining. 3 Book26898/Page1931 CFN#20090421513 Page 1 of 3 To Hav 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 Witneaa Whereat; grantor has hereunto set grant/at% hand and sat the day and year first above written. Signed, sealed and deli our presence: J41I>, f1r,sJ�yr� Print Name of Witness John W. Cam Sole Managing Member no, U t iLt`S70 Print Name of Witness' STATE OF FLORIDA COUNTY OF MIAMI-DADE )98 } JWC CORAL WAY PROPERTIES, LLC, a Florida limited liability company THE FOREGOING instrument was acknowledged before me this day of May, 2009, by John W. Campbell, as the sole managing member of ]WC CORAL WAY PROPERTIES, LLC, a Florida limited liability company, who has produced his "" -C. as identification and who did take an oath. Public, State of Florida My Commission Expires: c2 /(' -,/0 • NOTARY PLBL1C-STATE OF FLORIDA • 46 Sandra Mesa Commission # DD519508 Fvr!res: FEB. 16, 2010 r _ not+ding Co., Inc. Book268981Page1932 CFN#20090421513 Page 2 of 3 OFF E;4C 26898 PG 1933 LAST PAGE EXHIBIT "A" I. 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 S500,000.00. 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 suns 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 Miarni-Dade County, Florida, in the original principal sum of S300,000.00. 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, 1980 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 City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Nemo * 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.. t1850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez Contact Phone * 305-377-6235 Contact Email * BFernandec(a?BR2nningLaty com Local Govt. Name City of Miami Local Govt. Phone 305-416.1400 Local Govt. Email QrKloyak i.mianli.11.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4149-039-OE792.01-4109-039-OSOO 01-4109-039-4810 Additional Folio Number Total Acreage * 10 826 Proposed Land Use/Zoning * T4 Single -Family Detached Units * Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 29 Total # of Units * 29 Redevelopment Information (MUSPai - Re -development applications are for those vacenl sites for which a local government has provided vested rights: or for an already improved property which does not have to be re•plalted as deemed by the local government, The number of units to be input into the CMS ie the net difference between the existing rested number of units and the newly proposed number or units. Example. an exrshn0 20-unit slruclure will be torn down for redevelopment. The newly proposed development calls for 40 rolal emits Local government shah Input 20 tints in Me GMS (net deference between lite 20 urWS vested less ffte newly proposed 4 rmws) Required Fields for Application * y.7 1 y -tre}ro Owner{s)IAtlorneyfApplicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE. Ow er(s)/Anorney/Applican Sign re Th loregorng was acknowledged before me this day of�uS1 10 1 by 56A. r-Grvv..44? who is a(n) individnaVparhnrrlagenllenrpora[ion of _rijtZDti.r g44 C 1 f'btn) Fe vi4 ✓_ de& individualipartrrershipleorporaiion. He/Siie is personally known to me or who has produced as Identification and who did (did not) take an naih. {S BETTY U.ERENA MY G0000,48SiON A OD ii60413 EXPIRES! Nirich S. 21314 Boded Thou Ndmy Ptgre Lfridoorraer's \ \ flee ¶IIM ROT TAW'ALIN FIFI ssTeip% e - r▪ .aht ,+ imam .rt, •.... ..�. LR rift,1,._436 ELV 4 6611,e.e r}p Sua,r.. ao4HOJ PT •.+I[vlFt StJKVEYO311 SEAL ELEVATII'11 EASED ON LOC E 4132 gerffrICIE,411nE.,1 1r 171helEFi3h IP SUBJECT TU OF;MONQF TITLE it Ad4T 1M11D 1i1.flan' THE SIS3NATLre Nip RA®EU 3E1tL OF A. FLORIpk LICCMSE4 SI,sbIE TOR eye IIM''ER. 3 T1IE StlM'{'vEY DEFTCI IR M@1LF, is NOT Mx/E E°_SE .PRDELES tq{1 etSirliPPCF rj. ,LEGAL iFatatn10M PI"l141DED ekivat bl !A16EHOJIS}LIVE E K-RCA:4MENIS tIOT LC>:ATEfi 61 F1E1+5T11449 ,PRE EMSFEI CFI POT Il N 4. ccmirric 4FAIIGL. Pa4TUM Of 1T•73 71 er.01FRS1tP Of FENCES ARE UNMk.Wd+ 17 THERE MAY' bE Ln€,IT5QMaj RESER IO.TIONE NOT544"aV.N{IM FIM3fivftvFYlrlAr IAAY BE fOLep3 Pi THE RUHLIC REaoRtliS OF P1115 COJl T L) GOFITAL*11 THE APPTi'jp11L j E purls nITy PRItY% co MIT DESIGN IPLMK FQP. p1JP,OE4 r AND ZTAIHI-i WFfY♦AFTI0M Ippe k hk4INATrl7411YF r11E AI35Tk4Ct OF NIL-TAIL!WIVE-PCHELl3L1E TO IL I FAMINE IlECC]410E.D P IST+I PA, r, r3.PJeJ fi1FFEGTINs r11ISFF1ras9 r. MARINE ur delMIUn3Ir} Survey INIpS be 1ektort. by betIM theft ther Sg&g rr47RpGt partial i! pitthrr1 iled Wkhriw WI slam Foment e.f h e F;Prying petty (it (gttille REPPITYF,5v,1rFPre.1,1%41.J.J,,F PEI tRP1D TOM MANEDMALE El 'YAM r .6 PAPP 7.8 VM 4,3 L I1 OlitqW LOCATION SKETCH SCALE: MIS a ake. loth e:eIUAT SURVEY OF 2991 CRR•AL WAY, }1IA311, FLOR1UA 33145- Lets 24 a;n115,13iurck 3, MI LLkf4DALE, JCtoidirig to tltr plat'hereof Ira retarded in Pat'E ak $. NO)PubEc ELeseede eFf M11pli•pede Cow t1, Florid. (LESS the: p•Isdpq akr t fve gig tt of say ak,ng CQa.6 W.f) tppd'Srha with liltprtof Lc,:23. 131x,tk 3.'! IL ERD/iI..E".limes parka' h ly drid6cd as ravart I} Taming at the nmsr Nth eoteed nLL i 23;Tber.eeSoutliM1weilukf slam the Norilemmtdf Noe o! rein Lw.25;.lsexe Sa,lehsv.lfterill &rig the Norrlwre.Ite)X toe er amid Leer 231. di.fsateat111.a3 teat to I pPl•rt, mid point bon the point ar beginelittg of EKE peetri 4f liltd ra'hE de.eehed; tih-MICE Cantitwue. LIDOS the Ntstthwetteai} I1te 01 iraaer.ad Lqt ZS m di.rlrlec or 6014 text to a polntoo the prraeett lanoline of Coral Wit. tail prtint ban6 35 feet Korth of tisa South line of veld Lae 23; thews t3avrlJf imag a lint 15 feet N dth of and pumUel [a rite South Ilia maid Lot 23 a dstseceof 14.76 feet thence Verretreeir along a uric fornoug a deht i wilt laet mentioned count a lkeemaea of 44.as fret to the paint of beginning. ,IERTEY CERTIFY TT.II Yee weli, 1.Prw 1.d 1^er.4111 .re1:x ae frinime lectreus riWlIM1MPaf 43,1e-J hY Fe prATE tIF FI.CeIDA Bard el tmel rv.aymn pmtt+nt-ie semen an .G77- {WOO Starludet Th.r• arm n4 FIVDMAN.,11,1 ew..Itrp{. iil•+n•rah I!p...^4 WOO OW P..1.461. atiirRlnl. CAT, I1+1. •. alvn,n NIRMI21. 1is ;I.yTER4C LAIIp $rtINEYt_rR SPATr Of Pt CODA 115924 $INCt taco BLANCO SUFNE-Y0RS INC. .enginerere rLasd Surety tat .,R5. n..$ LAB Ctyo7gip -- — SFS rCORTN'$HOi?f BUM WWI OFF. CM, FL 17 ace f3D5jl66•122OO Feats:tS¢5}BB4.761n MM. : 0113 Lw 1 7J1t1J12 SCALE .3O" t rrix• 1, 004htIJMTTT I 45 JY pY; 5. Para, mot 911 I RA EhSE pm 120650 LMi i2-24S eKTI wALIG r.X..SS AM !C 41E4 M1N SURVEYOR! SEAL FE@QLVLIO. abl!: 4,-e,7tetemcgartnicAFrril.6. SA.lrCIVIl S. [Lr:CI.'1LLN.F!",[! Pt,"Att.XrVLUS rw,nweut4IFF10 re ehmtern fill 1•Pt-1fG W[-„M4d4114.1Ln1 Fr,e.FMG-+17Z+11Y C0+4�L'R'n.ry�elEOpRE n...AXrB+.13,t1LALi- itir.MEE BLSlE.uf Nam.. a!-UILIrr ERSEW.NI eerems 1F9AITE i1a!A preen deFT Cv !nA1: ar. F' / f pr C4 EIREFI L*,E Dew., mit *Fr>c+4 L .v59NRnb. R-rtC' .)te. FC'e,bC.P'{w,Wr Grti°F c:.P,r°Inm, rtpe,+IF.Ig1,,Ipiaa4 l MK. N11..Rr.nwNl+ rldde sue,. m. 6!-o1ML1, Rp+wtiyAF4LL' S➢YiF4W0!KAP KM1rP L.r41e+'.aA e1AwC ELEVATION BASED ON LOC. # 4$32 strIE r f � 7 �Emis .....� .4.:;::.,�i�G1.i 1..iri'�e ' 1y-a 36 ELY. 9. 56' rrRE ar ful}++er.trnerl+nA+rr sulrvt<r 11135 9Ittli_ ItalW 1 h QV,HERSHF' W.18,FEi;1 IO OPINIUN 9F TITLE 2h kQT YAtIV V1r1T14UT rare SIG HAiIJR'E AND R SSEO SEAL OF RORIDA L10EI*S ED. SLRRV''EIrOR Ann -MAPPER. 1} T1-1E. SL1FsAT DEPICTED 1IL1AE iS NO# COVERED ®T PR E5510TurL LLA8ILIIT iNSUTIANCE al 1.EGN. 1➢ESC6.IP!FVM PRomioPu 6Y Cg.NT A YiNDERGRCURID -ENCROACF;NEFIYa nail—L'OCRTEC.-ST-ELtIMITf T741E a" }v'RI IONAL GEOQFTIC vEF.TVJ!t t1ATVM OF 143"d Ty CAAATERSFIIR US FENCES ARE UNK OW 8M -WERE MAY SE AKIITIONAL PEST R ITIONSr1OT SPIOV,A CTT THIS SUM Y IFAT IAhT$EFCL?IRi1 IN WE FUBtIC RECORDS OF 7H5 6011111TT P7 CDHTACT THE +FPRUPRIlkTE ALTHORITY PRIOR TO Mr L:ESICN MRIC FOP WILDING NM 20h:ING RIF OR1 TLOR E 1E7(AFAiridI1Cir OF THE ABSTFACTOF TITLE I.LLIiIVE TOW MADE TO DE TER11111E BECOME A1$TriumErTT$, iF !o r, AFFECTING THIS PROPERTY AddiTibrlj Or delgOon. to .SoreA!. rridpS or rtg6Abliy c.rhe 111.Ei 191E ISIghini, party Or pallid proluilAtsd Moat wrltien co :Jaw of the higllhrg sty LLI parties._ ap_ai N S+IlLW IiOYohi ARE PEf EAiRED TO NJ ASSINED VALUE OF SAID 'PIl _ .RAGE 10 LOCATION SKETCH SCALE: NT$ GAN_ 24.Id STREET SURVEY OF: 25BA S,W. 2IST TERRA E, 11IAMI, FL. 33145. LEGAL DESCRIPTION ' LOT �0 131 DCK -� OF }11L.I-£RpA i SLI$EIiVISION ACCOE DING TD Th-I€ PLAT THEREOF AS RECOF;QELS IS PLAT 0COX 6 AT PACE 18 OF THE PUBLIC RECUli4S _ fril-AFIL-Dit0E COUNTY. TY, FLCRIDA 1.IEFEOT CE*TFFY T1f11 Ih...r.er rmFFFRFO d Ramon mall. Ili. nid,fwn lechnI al ,.glralrtwlMl . d[ph.d by STATE OF FL4Ti IA Barn* td LiAd $..xyr4le d 14 t<sd.ion _ nia.#L FI�IId�. S aIILVA Tram rmr Ai grlSTmn trierrt17, awtrtspt, sY711r1.ri appr irc ,in the pato VLItrIe l..ernami• cdhaelFildN ..bow hereon •I 914;1.- AVISTJ H1lr1Et R*GLSTEFiftd L I*3t-all*WWOR S1Alf OF FLO Itd4 !WV #IR1LE 1Vr BL k Q SURVEYORINC. EroPre0,3-LidStdcFYGrsr.C9 c,'LBS-uenIFFs !SS NORTH SNORE DPW'S IRON REACH, 'R Mil (300}806-I200 EIFFIbL:ucasrnwrelcnc ..ern Fax: (308]666-7B1Q FL JOLT l F+E. 1 'UFFUC: L DAIE- 9f11419 E+$�: IliA RANEE 0313 cIDIAi IUITTt 1.7065'D 1 tr.-ALE MAY1. BY. ,A76 Ll$ 71L99F- I--30' f-aL...,a ®. 12-295