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Home My WebLink AboutPZAB 4-3-13 Supporting DocsPZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 13-000781u Quasi -Judicial Title: 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 FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 2750 SOUTHWEST 16TH STREET, 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. Location: Approximately 2750 SW 16th Street [Commissioner Francis Suarez - District 4] Applicant(s): Ben Fernandez, Esquire, on behalf of Mapisjo Investment Group, LLC Wachovia Financial Center 200 South Biscayne Blvd., Ste 850 Miami, FL 33131 (305) 377-6235 Land Use: Duplex Residential Purpose: This will change the above property to "Low Density Restricted Commercial". Planning and Zoning Department Recommendation: Denial. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: Continued on March 20, 2013. ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 2750 SW 16th Street File ID 13-000781u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 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" 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 ser- vice for facilities and services included in the City's adopted concurrency management require- ments. Community based residential facilities (14 clients or less, not including drug, alcohol or correc- tional 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 al- lowed only in contributing structures within historic sites or historic districts that have been des- ignated 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 Residen- tial" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libra- ries, convention facilities, places of worship, and primary and secondary schools. Also allowed are 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 fa- cilities, private clubs and recreation facilities, major sports and exhibition or entertainment facili- ties and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quar- ters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Re- stricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. 1 DISCUSSION The subject area consists of a portion of one parcel comprising approximately 1.43 acres. It is located on the block fronting SW 16th Street on the north, SW 29th Avenue on the west, SW 16th Terrace on the south, and SW 27th Avenue on the east. The site is currently designated "Duplex Residential", with a portion also designated "Major Institutional, Public Facilities, Transportation, and Utilities" on the southeast of the property. A "Restricted Commercial" Future Land Use designation located to the east along the SW 27th Avenue commercial corridor, and a site designated "Major Institutional, Public Facilities, Transportation, and Utilities" is to the southeast. The area to the west and south is designated "Duplex Residential" while the area to the north is designated "Single Family Residential". The subject site is in the CORAL WAY NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • The property is surrounded on the north, west and south by an established single family and duplex residential community. • A land use change at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications throughout this neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Residential" land use category allows residential structures up to two dwelling units each to a maximum density of 18 dwelling units per acre. The requested "Low Density Commercial" designation allows density equivalent to "Low Density Multifamily Residential" or 36 dwelling units per acre. This potential increase in residential density will be out of scale with the established neighborhood. • 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. A change to Low Density Restricted Commercial is not a logical extension of that category; "Low Density Restricted Commercial" land uses would represent a potential intrusion of commercial uses into a residential neighborhood. • 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 Housing Policy HO-1.1.7, states the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. • MCNP Housing Policy HO-1.1.8 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. • The 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 Improvement Element. 2 • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The approved Miami 21 zoning designation on this parcel is T3-O — "Sub -Urban" and the proposed designation is T4-O — "General Urban". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. 3 giving our st::d ,nls the Warld Superintendent of Schools Alberto M. Carvelho March 12, 2013 VIA ELECTRONIC MAIL Mr. Ben Fernandez, Esquire c/o 2991 Coral Way LLC 200 South Biscayne Boulevard, #850, Miami, FL 33131 BFernandez@BRZoningLaw.com giving our students the world RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS MAPISJO INVESTMENT GROUP, LLC- 13-00078Iu LOCATED AT 2750 SW 16 ST PH0113022700180 - FOLIO No. 0141100021781 Dear Applicant: Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross-Mindingall Susie V Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert "Tee" Holloway 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) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 51 multi -family attached units, which generate 30 students; 3 elementary, 2 middle and 2 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 c`? act me at 305-995-4501. Sin Iv-h M. Rodriguef, R.A. Director I IMR:ir L-386 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 Concurrency P € nogement System (CMS) Miami Dade County Public Schools Miami -Dade County Public Schools MDCPS Application Number: Date Application Received: Type of Application: Applicants 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 PH0113022700180 Local Government (LG): 2/27/2013 12:48:46 PM LG Application Number: Public Hearing Sub Type: Mapislo Investment Group, LLC 2750 SW 16 Street, Miami , FL 33145 0141100021781 51 0 0 51 Miami 13-000781u Land Use CONCURRENCY SERVICE AREA SCHOOLS Facility Name 5401 (SUNSET EL - GEORGE CARVER EL - !CORAL GABLES EL Net Available Capacity Seats Seats. Required Taken 97 YES Current CSA 962 7071 7071 CORAL GABLES PREPARATORY ACADEMY (MID COMP) 15 2 YES Current CSA CORAL GABLES SENIOR -520 2 NO ICurrent CSA CORAL GABLES SENIOR 0 2 NO Current CSA Five Year Plan ADJACENT SERVICE AREA SCHOOLS MIAMI JACKSON SENIOR 836 2 2 YES Adjacent CSA *An Impact reduction of 19.5% 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 Proposal No 13-000781u Date: 03/06/13 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez, Esq. on behalf of Mapisjo Investment Group, LLC Address: 2750 SW 16 ST Boundary Streets: North: East: South: West: Proposed Change: From: Duplex Residential To: Low Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 1.4300 acres @ 18 DU/acre 26 DU's Peak Hour Person -Trip Generation, Residential 21 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 1.4300 acres @ 36 DU/acre 51 DU's Peak Hour Person -Trip Generation, Residential 39 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 66 Dwelling Units 26 Peak Hour Person -Trips 18 Planning District CORAL WAY County Wastewater Collection Zone 310 Drainage Subcatchment Basin Q6 Solid Waste Collection Route 216 Transportation Corridor Name NW 27 AV RECREATION AND OPEN SPACE Population Increment, Residents 66 Space Requirement, acres 0.09 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.71 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 66 Transmission Requirement, gpd 14,818 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 66 Transmission Requirement, gpd 12,238 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change On -site Exfiltration System After Change On -site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 66 Solid Waste Generation, tons/year 85 Excess Capacity Before Change 800 Excess Capacity After Change 715 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 (See attachment 1) Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g TRAFFIC CIRCULATION Population Increment, Residents 66 Peak -Hour Person -Trip Generation 18 LOS Before Change E+20 LOS After Change E+20 Concurrency Checkoff OK NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department. (WASA) Excess capacity, if any, is currently not known Low Density Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. equivalent to "Low Density Multifamily Residential" 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, restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools. .This category also includes commercial marinas and living quarters on vessels as permissible. Allow max heigh 4 stories (height up to 25 ft for the ground floor and up to 14 ft for each additional floor (:PA 1 IM m/1l=Qr1 FUTURE LAND USE MAP (EXISTING) lililAhl 111111111 0 150 300 600 Feet ADDRESS: 2750 SW 16 ST FUTURE LAND USE MAP (PROPOSED) Jt 11111111 111111111 1111111111 0 150 300 600 Feet ADDRESS: 2750 SW 16 ST 0 150 300 600 Feet ADDRESS: 2750 SW 16 ST ■ p RECEIVE0 BGRCOW RADE LL & FER NAN D "Ins DEpAR�M�w ZONING, LAND USE AND ENVIRONMENTAL LAV'13HAR 1 2 AM751 Direct: 305-377-6235 E-Mail: BFernandezar7.BRZoningLaw.com VIA HAND DELIVERY March 7, 2013 Mr. Anel Rodriguez City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: 2750 SW 16th Street, Miami, Florida This law firm represents Mapisjo Investment Group, LLC in relation to the enclosed application for a Comprehensive Plan Amendment for the referenced property from Duplex Residential and Major Institution Transportation and Utilities to Low Density Restricted Commercial. We are also enclosing the companion rezoning application to change the property's transects from T3-O and CI to T4-O (only for the T3-O portion of the property, the CI portion will remain as is). This letter shall serve as the Applicant's letter of intent in support of the applications. The Property is located immediately West of SW 27th Avenue along the South side of SW 16th Street and it directly abuts a gas station on the East and a Florida Power and Light substation on the South. The property is approximately 1.2 acres in size and presents an opportunity to create a multifamily development near a major transportation corridor that is SW 27th Avenue. The property was developed as a Veteran's facility which is now closed. Therefore, the most appropriate use for the property is a use that would be transitional from the T6-80 and the CI uses around the Property. For all of the foregoing reasons, we request your favorable review and recommendation. en Fernandez BF/ bl Enclosures WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * Mapisjo Investment Group, LLC Application Phone * (305) 633-6030 Application Email * jjoliberty@yahoo.com Application Address * 2750 SW 16 Street Contact Fields Information Contact Name * Ben Fernandez Contact Phone * 305-377 6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4110-002-1781 Additional Folio Number Total Acreage * 1.61 Acres Proposed Land Use/Zoning * Low Density Restricted Commercial Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 58 Total # of Units * 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 government. 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 tom 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 * / ev vteg.'\ Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 0 ner(s)/Attorney/Aprlicant _nature oregoing w. . nowled before me this day ofV 20 , by who is a(n) individual/partner/agent/corporation of a(n),, individual/partnership/corporation. He/She is personally nown to me or who produc&dw I_ as identification and who did (did not) take an`oath. ' (Stamp) As dL' -' LLERFNA 'Vl l C( M164tib4 DO Ii 4 DD I100413 kir* +3:f a 5,2014 midst) t1ra Nowt),pogo Utidenw rs COMPREHLJNSIVE PLAN APPLICATION,- .__. ALL' .1Vi_a PLANNING' DER? T 1E PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SEtalliAV1 1$ Pti 2: 18 444 SW 2nd Avenue, 3rd 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 (81/2x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Ben Fernandez,. Esq, on behalf of Mapisjo Investment Group, LLC 2. Subject property address(es) and folio number(s): 2750 SW 16 Street (01-4110-002-1781) 3. Present designation(s): Duplex Residential and Major Institution, Public Facilities, Transportation and Utilities 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? No If yes, has the property been granted a Land Use Change within the last year? 8. One (1) original, two (2) 11x17" copies and one (1) 8'/x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 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 feast two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. Rev. 07-2012 2 COMPREHENSIVE PLAN APPLICATION 17. Original Public School Concurrency Management System Entered Requirements form. 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the' project/property site? 1.61 acres 20. What is the purpose of this application/nature of proposed use? To allow a mixed -use development 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. 24. What would be the anticipated duration of the presentation in front of the: El Planning, Zoning and Appeals Board % hour and/or El City Commission % hour 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, Signature Name $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 shall b Pay in the form of a certified check, cashier's check, or money order. Address 200 S. Biscayne Blvd. # 850 Miami: FL 33131 Telephone E-mail BFernandez@BRZoninciLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this j 'j day of January 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/co poration of Bercow Radell & Fernandez P.A. a(n) individual/partnership/corporation. He/She is person. . E.. i . e or who has produced as identification and who did (d' (Stamp) Rev. 07-2012 305-377-6235 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 I Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1/ day of January 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/co poration 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) to o. th (Stamp) f? 77r LLERENA MY C,i %d ti{i;;SION R DD 080413 1'.;' * zi: h1;!erc t 5, 2014 :¢oiery Public Underwriters Rcv. 07-2(112 COMPREHENSIVE PLAN ApPucanoN 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) Percentage of Ownership Mapisio Investment Group, LLC John J. Obando 80% and Maria Paula Rios 20% Subject Property Address(es) 2750 SW 16 Street (01-4110-002-1781) 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): Ben Fernandez, Esq. Owner(s) or Attorney Name Ow er(s) or Attorney Sign-ture STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of January 2013, by Ben Fernandez, Esq. 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 (. i. . e - n oa (Stamp) FtETTY LLERENA «1 Y COMMISSION # DD.50413 EXP#*.g: Itiush 5, 2014 Joudfetl Thru Notary public UndstwrIters Sinatur Rcv. 07-2012 Mapisjo Investment Group, LLC Exhibit A Legal Description Lots 9, 10, 11, 12, 13, and 14, less the North 10 feet thereof, and Lots 19, 20, and 21 and the West 30 feet of Lot 22, Block 9, Revised Plat of GRAPELAND, according to the Map or Plat thereof, as recorded in Plat Book 3, Page 196 of the Public Records of Miami -Dade County, Florida. 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 Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELLPHONE: (305) 978-2866 FAX: (305) 377-6222 EMAIL: BFernandez@BRZoningLaw.com BUSSINESS or APPLIC'ANT or ENTITY NAME Mapisjo Investment Group, LLC BUSINESS ADDRESS: 1600 SW 27 Avenue (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 and Comprehensive Plan Amendment. 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 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 I hereby acknowledge that it is unlawful to employ any device, scheme or artifice Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; or civil penalties that may be imposed under the City Code, upon determination disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed effect; and 2. no application from any person ty for the s e considered by the applicable b rd(s) u it expiration nullification of the applicatio r order PERSON SUBMITTING DISCLOSURE: to circumvent the disclosure requirements of and that in addition to the criminal by the City Commission that the foregoing void without further force or issue shall be reviewed or period of one year after the sig \ ......e_ --\. \--- Q Li" t..."-c.t re Z L— Print Name Sworn to and subscribed before me this day of , 200 . The foregoing instrument was acknowledged before nee by who has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION Notary EXPIRES: Print Name Enclosure(s) Doc. No.:86543 Page 2 1111 I1111111111111111111111111111111111111111 Prepared by and return to: Stephen L Vinson, Jr. Attorney at Law Universal Title Company 1200 Brickell Avenue Suite 1230 Miami, FL 33131 305-375-9510 File Number: 5200.00 Will Call No.: CFN 2012R0 371264 OR Bk 28385 P9S 0798 - 799; (20s.) RECORDED 12/05/2012 09:54:41 DEED DOC TAX 7r650.00 SURTAX 5r737.50 HARVEY RUVINv CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 30th day of November, 2012 between William A. Mcallister Post No. 1608 Veterans of Foreign Wars of the United States, Inc., a Florida non profit corporation whose post office address is 2750 SW l6th Street, Miami, FL 33145, grantor, and Mapisjo Investement Group, LLC, a Florida limited liability company whose post office address is 1600 SW 27 Avenue, Miami, FL 33145, 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 trustees) Witnesseth, 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 9, 10, 11, 12, 13, 14, less the North 10 feet thereof, and Lots 19, 20, 21 and the West 30 feet of Lot 22, Block 9, Revised Plat of Grapeland, according to the map or plat thereof as recorded in Plat Book 3, Page 196, Public Records of Miami Dade County, Florida. Parcel Identification Number: 0141100021781 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee shnple; 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, 2011. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimev Book28385/Page798 CFN#20120871264 Page 1 of 2 OR BK 28385 PG 0799' LAST PAGE Signed, scaled and delivered in our presence: Witness Na Witness N William A. Mcallister Post No. 1608 Veterans of Foreign Wars of the United States, Inc., a F; 'rida non profit corporati By: v/ urence Schatz, Post Commander and President (Corporate Seal) State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 52 day of Novem Commander and President of William A. Mcallister Post No. 1608 Veterans of F Florida non profit corporation, on behalf of the corporation. He/she [_j is pers driver's license as identification. [Notary Seal] Notary Public Printed Name: by Laurence Schatz, Post rs of the United States, Inc. a own to me or [X] has produced a My Commission Expires: Warranty Deed - Page 2 DoubleTime® Book28385/Page799 CFN#20120871264 Page 2 of 2 City of Miami Hearing Boards Division3Floor REF: II c75 . " / PLANNING DEPARTMEN ZONING REFERRAL 13 JAN 16 PM 147 .444 Southwest 2nd Avenue, 4th Floor Miami, Florida 33130 Please provide the following application: M. U.S.P. II Variance I I APPEAL OF CLASS 1 /CLASS II SP.PMT Provide Resolution# For the property Commission approval required PROVIDE RESOLUTION/FOR VARIANCE OR SPECIAL EXCEPTION OBTAINED Planning Department 3rd Floor MUSP INFO Special Exception I Zoning Change II Other COMMENTS: Amendment to Atlas j S70,G)' /,Z. 8 ()(1) THE OFFICE OF HEARING BOARD IS OPEN TO THE PUBLIC FROM 8:00 AM TO 3:OOPM. ZONINREVIEWER FO' NING CHANGES THE APPLICATION HAS TO BE SIGNED BY ALL PROPERTY OWNER. Public Hearing 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.andysubmitted for Teviewd by staff. JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers go / torn -aors / P MOM. COTILLIOTOL Le 2:50 noc. nn.-1x,> ODOR LIG. AL TA/AGSM Land Title Survey 12(00pI1fYM'11D tin[aeM2f co. " ip44- u MOM mow' t wttrrumoirterwr S. W. Btthh Tg RACE W.,E.,2 S.W. 17th ST. PmFarad for UNO&PON, PA PmpaUal.r MM9-DADECO1NTV 10.1001, 1160a2.1i9warl t=EKt LOGO aH JOB NUMBER: 12-003125-2 1 SGITL>na,P11b.P,:OLP= IT OW 12Ar: ALONG EUG3035 tr�crc LOG. w 0 �051-^oq= 11n00000I000rMPm4