The URL can be used to link to this page

Home My WebLink AboutPZAB 4-3-13 Supporting DocSPZAB.7 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 13-000801u 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 4021 AND 4033 NORTHWEST 11TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 4021and 4033 NW 11th Street [Commissioner Wifredo (Willy) Gort - District 1] Applicant(s): Land Use: Purpose: Ben Fernandez, Esquire, on behalf of Sunny 42, LLC Wachovia Financial Center 200 South Biscayne Blvd., Ste 850 Miami, FL 33131 (305) 377-6235 Medium Density Restricted Commercial This will change the above properties to "General Commercial". Planning and Zoning Department Recommendation: Denial. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: April 3, 2013 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 4021 & 4033 NW 11th Street File ID 13-000801u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Medium Density Restricted Commercial" to "General 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 "Medium Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Medium Density Multifamily Residential" 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, libraries, 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 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. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Medium Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. The "General Commercial" future land use categories allows all activities included in the "Re- stricted Commercial" designations, as well as wholesaling and distribution activities that gener- ally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses de- scribed above. Multifamily residential structures of a density equal to High Density Multifamily Residential are allowed, subject to the detailed provisions of the applicable land development regulations. The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land de- velopment regulations; however, may not exceed a total FLR of 11.0 times the net lot area of 1 the subject property. Properties designated as "General Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ra- tio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be 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. DISCUSSION The subject area consists of two parcels comprising approximately 0.987 acres. This site is located on the north side of NW 11th Street between NW 39th Court and NW 42nd Avenue/Le Jeune Road. The site and the areas to the east are designated "Medium Density Restricted Commercial"; the area to the west and north is designated "General Commercial"; and the area to the south is designated "Single Family Residential. The subject site is in the FLAGAMI 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 uses that are incompatible with the adjacent residential neighborhood and should be limited to the Commercial Corridor. • 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. • 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 adjacent to a "Single Family Residential" area, the density and intensity allowed by the "General Commercial" category will be out of scale and permit development that is out of context, and uses that are incompatible with the Single family neighborhood to the south. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Medium Density Restricted Commercial" future land use category allows residential structures up to a maximum of 65 dwelling units per acre. The requested "General Commercial" designation allows density equivalent to "High Density Multifamily Residential" or 150 dwelling units per acre. There is a large increase in potential density that will be out of scale with the surrounding areas to the south. The higher density is more appropriate directly fronting NW 42nd Avenue, which is a transit corridor which is served by three (3) Miami -Dade Transit Metrobus Routes. 2 • MCNP Policy LU-1.3.15, states the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. The "Medium Density Restricted Commercial" provides for this appropriate mix of uses. The "General Commercial" category encourages additional uses that are not appropriate in developing a balanced mix for this particular neighborhood. This area is primarily residential in nature, and the commercial uses permitted within the "Medium Density Restricted Commercial" category are more compatible with the surrounding neighborhood than those that are permitted within the "General Commercial" category. The "General Commercial" uses are more appropriate directly along the NW 42nd Avenue corridor, which is a well -established General Commercial corridor. • The General Commercial category permits retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. These uses are not compatible with the character of the surrounding 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 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 T5-L — "Urban Center" and the proposed designation is T6-8-O — "Urban Core". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. 3 FUTURE LAND USE MAP (EXISTING) 0 150 300 600 Feet ADDRESS:4021 & 4033 NW 11 ST 0 1 FUTURE LAND USE MAP (PROPOSED) 150 300 I 600 Feet 1 NW 13TH ST NW_12TH.TER General Commercial NW 11 TH ST Medium Density Restricted Commercial ADDRESS:4021 & 4033 NW 11 ST 0 I 1 150 300 1 600 Feet t I ADDRESS:4021 & 4033 NW 11 ST BERCOW RADELL & FERNAN DEZ ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernandez(&.BRZoningLaw.com VIA HAND DELIVERY January 14, 2013 Mr. Anel Rodriguez City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Sunny 42, LLC - 4021 and 4033 NW 11 Street, Miami, Florida Dear Mr. Rodriguez: We represent the property owner in relation to referenced applications for a comprehensive plan amendment and zoning change for the property. The property is presently designated Medium Density Residential and zoned T5- L. We are requesting that the property be designated Restricted Commercial and zoned T6-8. The applications are supported by the fact that the vast majority of the block is presently zoned T6-8. The applicant intends to redevelop the property with a multifamily building that will be consistent with the scale of development within the block. For all of the foregoing reasons, we request your favorable review and recommendation. Sin Ben 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 Miami -Dade Count Public Schools giving our students the world 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 SUNNY 42, LLC CIO ANTONIO PARDO - 13-000801u LOCATED AT 4021 NW 11 ST PH0113022700181 - FOLIO Nos. 0131320180080, 0131320180090 Dear Applicant: Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross-Mindingal! Susie V Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert 'Tee" Holloway Dr. Marta Perez Raquel A. Regalado 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 148 multi -family attached units, which generate 30 students; 14 elementary, 8 middle and 8 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 cont- t me at 305-995-4501. Sincere Ivan M. Rodriguez, R.A. Director I IMR:ir L-385 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 Cancurrency Management Systems S Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PH0113022700181 Local Government (LG): Miami Date Application Received: 2/27/2013 12:56:33 PM LG Application Number: 13-000801u Type of Application: Public Hearing Sub Type: Land Use Applicant's Name: Sunny 42, LLC c/o Antonio Pardo Address/Location: 4021 and 4033 NW 11 Street Master Folio Number: 0131320180080 Additional Folio Number(s): 0131320180090, PROPOSED # OF UNITS 148 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 148 CONCURRENCY SERVICE AREA SCHOOLS' CSA Facility Name Net Available Seats I Seats LOS €Source Type Id Capacity t Required Taken i Met 2781 ELEMOENTARY CH K 4 14 4 PT -- Current CSA 2781 KINLOCH PARK ELEMENTARY 0 10 0 NO Current CSA Five Year Plan 6331 KINLOCH PARK MIDDLE 158 8 8 YES Current CSA 7071 CORAL GABLES SENIOR i-520 8 0 NO Current CSA 7071 CORAL GABLES SENIOR 0 0 ADJACENT SERVICE AREA SCHOOLS NO Current CSA Five Year Plan 121 AUBURN DALE ELEMENTARY 164 10 10 YES Adjacent CSA 7341 MIAMI JACKSON SENIOR 1836 *An Impact reduction of 19.5% included for 8 charter and magnet 8 schools YES (Schools Adjacent CSA of Choice) 1 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 ,- _.if% , p\f .` City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Sunny 42, LLC Application Phone * Antonio P. Pardo Application Email * tpardo@avenue04.com Application Address * 4021 and 4033 NW 11 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 GDGav@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3132-018-0080 and 01-3132-018-0090 Additional Folio Number Total Acreage * 0.987 Proposed Land Use/Zoning * T6-80 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 0 Total # of Units * 0 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 * Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Th oregoing was knowledgerg,me this 20 , by a 1r who is a(n) individual/partner/agent/corporation of individual/partnership/corporation. He/She is personal y nown to me or who ha educed as identification and who did (did not) take an oath. 1.4! J_ 1� • (Stamp) wner(s)/Attorney/Applican Signature day of'_-�/`� _ 'r(n) irA2,0 Ci PA — COMPREHENSIVE PLAN A'PLICA... �'LANTIOP,!N� D/ as _ME PLANNING AND ZONING DEPARTMENT, HEARING BOARDS Salliban j $ PH 12: 42 444 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 (8'/x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLAN n�PucnrioN Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information° 1. Applicant(s): Ben Fernandez, Esq. on behalf of Sunny 42, LLC 2. Subject property address(es) and folio number(s): 4021 NW 11th Street (01-3132-018-0080) and 4033 NW 11th Street (01-3132-018-0090). 3. Present designation(s): Medium Density Restricted Commercial 4. Future designation(s): General 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 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, 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. 17. Original Public School Concurrency Management System Entered Requirements form. Rcv.07-2012 2 COMPREHENSIVE PLAN nHaucarioN 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? 0.987 acres 20. What is the purpose of this application/nature of proposed use? Multifamily 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. No 24. What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 0.5 hours and/or ❑ 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 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 0P �. S i , shall b: o : id in the form of a certified check, cashier's check, or money order. Signature Name Telephone 305-377-6235 Address 200 S. Biscayne Blvd. # 850 Miami, FL 33131 E-mail BFernandez@BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE r The foregoing was acknowledged before me this I, I 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 didid make an oath. (Stamp) BETTYIIERENA MY COMPANION 0 DD 060413 XP RE& Mph 6, 2014 �S@i1 1 Thru Notary Public Underwriters Sign Rcv. 07-2012 3 COMPREHENSIVE PLAN nHPucnnoN 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, f 1 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 i► conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 1 The foregoing was acknowledged before me this l 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 personall known to me or who has produced as identification and who di• di. not`i� a, oath. (Stamp) ; MY COMMISSION # DD 660413 EXPP1ES: Minh 6, 2014 Bonded Tiro Notary PI t io Underwriters Signature Rcv.07-20I2 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) Sunny 42, LLC Percentage of Ownership managed by Sunny 42 Holdings, LLC (Antonio Pardo 25%, Anibal J. Duarte-Viera 25%, Rafael A. Diaz 25%, Fausto E. Callava 25%) Subject Property Address(es) 4021 NW 11th Street (01-3132-018-0080) and 4033 NW 11 th Street (01-3132-018-0090) 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 Owner(s) or Attorney Signature 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 ,p� soknown to me or who has produced as identification and who did ( •J'g e an oath. (Stamp) SEITY UERENA MY 0UMMI6SION # DD 860413 1-niNF S: Marsh 5, 2014 liondRd Tttr;i Nalgry Public Undrmvriteis Sign Rcv.07-2012 5 Sunny 42, LLC Exhibit A Legal Description Lots 8 & 9 of subdivision LIGUA SUBDIVISION, according to the plat thereof as recorded in Plat Book 66, Page 12, of the Public Records of Miami -Dade County. 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 Seca 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 APPLICANT or ENTITY NAME Sunny 42, LLC BUSINESS ADDRESS: 370 Miracle Mile (Address Line 1) Coral Gables, FL 33134 (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 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 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 perso tity for the sam • ssue shall be reviewed or considered by the applicable ard(s) ntil expiration o . a 1 riod of one year after the nullification of the applicatio or ord r. PERSON SUBMITTING DISCLOSURE: 1 ignature Ben Fernan•ez Print Name Sworn to and subscribed before me this day of , 200 . The foregoing instrument was acknowledged before me 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 111111111111111111111111111111111111111111111 THIS INSTRUMENT PREPARED BY AND RETURN TO: ANIBAL J. DUARTE-VIERA, ESQ, TITLE COMPANY OF AMERICA, INC. 3470 N.W. 82ND AVENUE # 988 DORAL, FLORIDA 33122 CFN 2012R0810177 OR Bk 28352 Fe 4306; Ups) RECORDED 11/09/2012 14:24:11 DEED DOC TAX 151840.00 SURTAX 11'880.00 HARVEY RUVIHr CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA LAST PAGE Property Appraisers Parcel Identification (Folio) Numbers: 01-3132-018-0080/0090 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made the 2nd day of November, 2012 by SUNNY TITLE SERVICES, INC., A FLORIDA CORPORATION, herein called the grantor, having its principal place of business at 1426 MERCADO AVENUE, CORAL GABLES, FL 33146 to SUNNY 42, LLC, a Florida limited liability company whose post office address is 370 MIRACLE MILE, CORAL GABLES, FL 33134, hereinafter called the Grantee: (Wherever 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) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/l00'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in MIAMI-DADE County, State of Florida, viz.: Lots 8 and 9, LIGUA SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 66, Page 12, Public Records of Miami -Dade County, Florida Subject to easements, restrictions and reservations of record and taxes for the year 2013 and thereafter. 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 simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby 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, 2012. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness Printed Name Witness ,r Witness #2 Printed Nam STATE OF FLORIDA COUNTY OF MIAMI-DADE SUNNY TITLE SERVICES, INC., A FLORIDA CORPORATION By: BEATRIZ JIMENEZ, President 1426 MERCADO AVENUE, CORAL GABLES, FL 33146 The foregoing instrument was acknowledged before me this 2nd day of November, 2012 by BEATRIZ JIMENEZ, President of SUNNY TITLE SERVICES JJC., A FLORIDA CORPORATION behalf of the corporation. She is personally known to me or has produced C l ',vZo as .enti \cation. SEAL My Commission Expires:DCA 13 ..re !use, Notary Public State of Florida Martha Sofe Buatillos My Commission D0029980 Expires 09/30/2013 O ed No .ry ignature 3 File No.: A1217984 Book28352/Page4306 CFN#20120810177 Page 1 of 1 City of Miami ZONING REFERRAL .444 Southwest 2nd Avenue, 4th Floor • Miami, Florida 33130 Hearing Boards Division 7th Floor REF: 1/20/ `/d 3,3 NA,/ // 5 Please provide the following application: 11 M_ U.S. P. r1Variance 11 APPEAL OF CLASS I /CLASS II SP.PMT Provide Resolution# Planning Department 3rd Floor MUSP INFO Special Exception 11.Loning Change 11 Amendment to Atlas Other Commission approval required PROVIDE RESOLUTION/FOR VARIANCE OR SPECIAL EXCEPTION OBTAINED For'the,property . COMMENTS: THE OFFICE OF HEARING BOARD IS OP,5N TO THE PUBLIC FROM 8:00 AM TO 3:OOPM. ZONING !EWER., FOR DING CHANGES THE APPLICATION HAS TO BE SIGNED BY ALL PROPERTY OWNER. Public earing Plans must- be submitted to the. Hearing Boards Division no later than the first day of the last week of the month to be stamped:and submitted.for reviewd by staff. N PIP. 1/1' (AV La) eMIETEN 1 M1,- 40' R. MANORS COMMERCIAL CENTER 172.00' OL61.0 !1P V7• OP U4 LOT 7 8 04 N 1P. 1/2' . • • • • • ..... ......••••-••• ............•.... ....... •••••••••••-••......... ........ •••• .•-•••.•.•.••.••••••.......• 'N.W. tlth STREET•' ::. ..::..:::. :::::. .: P.0 B.0 ilA I/2' (NO AD) Notes: ASPHALT PARKING ALONG REAR LOT LINE IS OVER 20' U.E. MAP OF BOUNDARY SURVEY Property Address: 4021 & 4033 NW 11 STREET MIAMI, FL 33126 nlineLand SURVEYORS, INC. 7925 Coral Way Miami, FL 33155-6524 www.OnlineLandS urveyors.Com SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THIS BOUNDARY SURVEY IS A TRUE AND CORRECT REPRESENTAqTION GR A F RVEY PREPARED UNDER MY DIRECTION. THIS COMPLIES WITH THE MlP ARUM 1 tEANDARDS, AS SET FORTH BY THE STATE OF FLORIDA BOARD OF PROF UGNEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE .1.1ANTrO47M,FCVRIDA STATUES. 052 95 : STATE OF Q' _ FLORIDA SIGNED of ,•''••.,..•' '. %i FOR THE FIRM V. FERNANDO COM ELIR\ %%` . ' P.S.M. No. 5259 STATE OF FLORID NOT VALID WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL. AND/OR THE SIGNATURE AND/OR THE ORIGINAL RAISED SEAL OF A LICENSED SURVEYOR AND MAPPER. THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY FERNANDO V. GOMEZ. P.S.M. NO. 5259 ON THE SURVEY DATE NOTED HEREON. Survey Date: 10/25/2012 Survey Code: 0-7536 Page 1 of 2 Not valid without all pages. 6 LOCATION MAP N.T.S. i PROPERTY FRONT VIEW CERTIFIED TO: SUNNY 42 LLC TITLE COMPANY OF AMERICA OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY BISCAYNE BANK ITS'SUCCESSORS AND/OR ASSIGNS AS THEIR INTEREST MAY APPEAR. FLOOD INFORMATION; Community Number: CITY OF MIAMI 120650 Panel Number: 12086CO292 Suffix: L Date of Firm Index: 9/11/2009 Flood Zone: AE Base Flood Elevation: 8.0 Date of Survey: 10/25/2012 LEGAL DESCRIPTION: LOTS 8 & 9, OF SUBDIVISION LIGUA SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 66, PAGE 12, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA PROPERTY UNE L� STRUCTURE ® CONC. BLOCK WALL x CHAIN —LINK or WIRE FENCE • WOOD FENCE IRON FENCE --- --- --- EASEMENI CENTER UNE V//t'il I I � WOOD DECK CONCRETE ASPHALT BRICK/TALE WATER APPROXIMATE EDGE OF WATER COVERED AREA 11 P.P. 00*10. C.U.E. I.E./E.E. U.E. ENO. 0R F LBO LS/ CALL SET ■ ELEV P.T. P.C. P.R.M. P.C.C. P.R.C. P.O.B. P.O.C. P.C.P. Surveyor's Legend TREE POWER POLE CATCH BASIN COUNTY UTILITY ESMT. INGRESS/ EGRESS ESMT. UTILITY EASEMENT FOUND IRO! PIPE/ PIN AS NOTED ON PLAT UCENSE i — BUSINESS LICENSE / — SURVEYOR CALCULATED POINT SET MONUMENT CONTROL POINT CONCRETE MONUMENT ELEVATION POINT OF TANGENCY POINT OF CURVATURE PERMANENT REFERENCE MONUMENT POINT OF COMPOUND CURVATURE PONT OF REVERSE CURVATURE PONT OF BEGINNING PONT OF COMMENCEMENT PERMANENT CONTROL PONT FIELD MEASURED PLATTED MEASURMENT DEED CALCULATED GENERAL NOTES: 1) LEGAL DESCRIPTION PROVIDED BY OTHERS. 2) EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING PROPERTY. 3) THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENT OR OTHER RECORDED ENCUMBERANCES NOT SHOWN ON THE PLAT. 4) THE PURPOSE OF THIS SURVEY IS FOR USE IN OBTAINING TITLE INSURANCE AND FINANCING AND SHOULD NOT BE USED FOR CONSTRUCTION, PERMITTING DESIGN, OR ANY OTHER PURPOSE WITHOUT THE WRITTEN CONSENT OF ONLINE LAND SURVEYORS INC. 5) UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. 6) ONLY VISIBLE AND ABOVE GROUND ENCROACHMENTS LOCATED. 7) FENCE OWNERSHIP NOT DETERMINED. 8) WALL TIES ARE TO THE FACE OF THE WALL. 9) BEARINGS REFERENCED TO LINE NOTED AS B.R. 10) BOUNDARY SURVEY MEANS A DRAWING AND/OR GRAPHIC REPRESENTATION OF THE SURVEY WORK PERFORMED IN THE FIELD. COULD BE DRAWN AT A SHOWN SCALE AND/OR NOT TO SCALE. 11) NO IDENTIFICATION FOUND ON PROPERTY CORNERS UNLESS NOTED. 12) NOT VALID UNLESS SEALED WITH THE SIGNING SURVEYORS EMBOSSED OR ELEC TONIC SEAL. 13) DIMENSIONS SHOWN ARE PLAT AND MEASURED UNLESS OTHERWISE SHOWN. 14) ELEVATIONS IF SHOWN ARE BASED UPON N.G. V.D. 1929 UNLESS OTHERWISE NOTED. 15) THIS IS A BOUNDARY SURVEY UNLESS OTHERWISE NOTED. 16) THIS BOUNDARY SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON. THE CERTIFICATIONS DO NOT EXTEND TO ANY UNNAMED PARTIES. L.M.E. R.O.E. P.P. R. I.D. B.C. B.R. RAD. N.R. TYP. LAKE or LANDSCAPE MAINT. ESMT. ROOF OVERHANG EASEMENT POOL PUMP PLANTER OR PROPERTY UNE IDENTIFICATION BLOCK CORNER BEARING REFERENCE CENTRAL ANGLE or DELTA RECORD OR RADIUS RADIAL NON RADIAL TYPICAL IRON R00 I.P. IRON PIPE Ned) NAIL & DISK PK NAIL PARKER—KALON NAIL D.H. DRILL HOE ® WELL FIRE HYDRANT MAN HOLE OVERHEAD UNES TRANSFORMER CABLE TV. RISER WATER METER POOL EOUIPMENT CONCRETE SLAB O IAN 0.H.L TX CAN W.M. P/E CONC MAT. D.E. LB.E L.A.E. TEL U.P. E.U.B. SEP. D.F. AC CSW SCR. GAR. ENCL. N.T.S. F.F. EASEMENT DRAINAGE EASEMENT LANDSCAPE BUFFER ESMT. UNITED ACCESS EASEMENT TELEPHONE FA0UTE5 UTILITY POLE ELECTRIC UTUT' BOX SEPTIC TANK GRAIN FIELD AIR CONDITIONER CONC SIDEWALK DRIVEWAY SCREEN GARAGE ENCLOSURE NOT TO SCALE FINISHED FLOOR T.0.13. TOP OF BANK EO.W. EDGE OF WATER E/P CR E.O.P. EDGE OF PAVEMENT C.V.O. CONCRETE VALLEY GUTTER B.S.L. BUILDING SETBACK UNE S.LL SURVEY TIE UNE CENTER UNE R/W RIGHT OF WAY R.O.E. PUOLJC UTIUTY EASEMENT C.M.E. CANAL MAINTENANCE EASEMENT ANCHOR EASEMENT Florida Land Title Association Printing to Scale: 1. Select"None"from Page Scaling 2. Deselect Auto -Rotate and Center° 3. Select 'Choose paper source by PDF page size" Page HNidvq CoPes: 1 -._ Page tconq: L±Nme Auto SeNte and Cent" (37' Choose roo" :1,:e c; POE1< FIELD WORK: 10/23/2012 I DRAWN BY: C.S. CHECKED BY: F.V.G. FINAL REVISION: 10/24/2012 COMPLETED: 10/25/2012 SCALE: 1"=40' SURVEY CODE: 0-7536 — ZT : 1\A00'JGN'i. •P N(I'w<4 �L 0 52 : STATE OF . C � FLORIDA 4 ,'°y SURVEIO,A' T'LeNroe � nlineLand SURVEYORS, INC. 7925 Coral Way Miami, FL 33155-6524 Phone: (305) 910-0123 Fax: (305) 675-0999 www.OnlineLandSurveyors. Com Survey Date: 10/25/2012 Survey Code: 0-7536 Page 2 of 2 Not valid without all pages.