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HomeMy WebLinkAboutPZAB 09-18-13 Supporting DocsFile ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: PZAB.8 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 13-008661 u Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 5445 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] Ben Fernandez, Esquire, on behalf of Ruben Matz, Chocron, LLC; S & R Investments LLC and Isaac Matz 200 S Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 This will change the above properties from "Single -Family Residential" to "Low Density Restricted Commercial". Denial. See supporting documentation. September 18, 2013 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 5445 Biscayne Boulevard File ID 13-008661u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of a portion of property from "Single Family 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 "Single Family Residential" future land use category allows single family structures of one dwelling unit each to a maximum density of 9 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as foster homes and family day care homes for children and/or adults; and community based residential facilities (6 clients or less, not including drug, alcohol or correctional rehabilitation facilities also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within single family residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within single family residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). The "Low Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" (36 dwelling units per acre) subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laboratories commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. DISCUSSION The subject area consists of approximately the eastern third of one parcel comprising 0.16 acres. The parcel is located on a block that is bounded by NE 5th Avenue to the east, NE 53rd Street to the south, Biscayne Boulevard to the west, and NE 55th Street to the north. Presently the site and the areas surrounding it to the north, northeast, east, and southeast are designated "Single Family Residential". The areas to the west, northwest, and south along the Biscayne Boulevard corridor are designated "Restricted Commercial", The site and the residential areas to the east and northeast are in the "Morningside" Historic District. The subject site is in the UPPER EASTSIDE NET Service Center Area. ANALYSIS The Planning Department is recommending "DENIAL" of the amendment as presented based on the following findings: • The subject site is located within a residential historic district. • The subject site is located inside of the roadway barrier delineating the boundary of the historic district. This barrier is the logical divide between the commercial areas along Biscayne Boulevard and the historic residential 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. This amendment will increase conflicts because the proposed designation will allow for development densities and intensities that are out of scale with the surrounding residential neighborhood. In addition it allows for an encroachment of commercial uses into a residential area, which is the "Morningside" Historic District. • MCNP Housing Policy HO-1.1.7 states the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. Since the subject area is surrounded on the north, northeast, east, and southeast by a Single Family Residential area, the density, intensity, and uses allowed by the Low Density Restricted Commercial category will be out of scale and character with the surrounding residential historic neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Single Family Residential" future land use category allows residential structures up to a maximum of 9 dwelling units per acre. The requested "Low Density Restricted Commercial" designation allows density equivalent to "Low Density Multifamily Residential" or 36 dwelling units per acre. There is an increase in potential density that would be out of scale with the surrounding residential areas. • 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. The commercial uses permitted by the "Low Density Restricted Commercial" category are incompatible within a single family residential neighborhood. • 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. See attached concurrency analysis. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The Miami 21 zoning designation currently approved on this parcel is T3-R — "Sub -Urban - Restricted" Transect Zone. The proposed designation is T4-O _ "General Urban — Open". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 13-008661u IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 09/18/2013 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez, Esq., on behalf of Ruben Matz, Chocron, LLC; S & R Investments LLC & Isaac Matz Address: 5445 Biscayne Blvd Boundary Streets: North: NE 55 ST East: South: NE 53 ST West: Proposed Change: From: Single Family Residential To: Low Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.1600 acres @ 9 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.1600 acres © 36 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name NE 5 AV Biscayne Blvd 1 DU's 2 0 sq.ft. 6 DU's 4 0 sq.ft. 0 11 4 2 Upper Eastside 308 C3 103 Biscayne Blvd RECREATION AND OPEN SPACE Population Increment, Residents Park Within 10 Minute Barrier -Free Walk % Population Outside of Barrier Free Walk A Excess Capacity After Change Concurrency Checkoff 11 Yes N/A N/A OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 11 1,721 See Note 1. See Note 1. WASD Permit Required SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 11 1,565 See Note 1. See Note 1. WASD Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-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 (See attachment 1) SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 11 14 800 786 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation 11 2 Concurrency Checkoff OK NOTES 1. Permit for sanitary sewer connection must be Issued by Miami -Dade Water and Sewer Authority Department. (WASD) Excess capacity, if any, Is currently not known Low Density Restricted Commercial; Allow residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" sublect to the same limiting conditions; transitory residential facilites such as hotels and molels;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 workshlp, and primary and secondary schools. .This category also Includes commercial marinas and living quarters on vessels as permissible. Allow maxhekgh 4 stories (heightup to 26 ftfor the ground floor and up to 14ft for each additional floor CM_1_IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be at 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. FUTURE LAND USE MAP (EXISTING) NE 57TH ST Residential H ST Restricted C t rci'al NE 55TH ST 0 ►- w z NE 54TH ST Medium Density Multifamily Residential 150 300 m■ *,,eAtilln 56TH ST jpir____ MiMo NE 55TH TER Single Family - Residential Morningside NE 52ND ST 600 Feet 111 i i i r ADDRESS:5445 BISCAYNE BLVD FUTURE LAND USE MAP (PROPOSED) NE 57TH ST Residential H ST Restricted C t rci'al NE 55TH ST 0 ►- w z NE 54TH ST Medium Density Multifamily Residential 150 300 m■ Imo' Atm! 56TH ST Apii__ MiMo NE 55TH TER Single Family - Residential Morningside NE 52ND ST 600 Feet 111 i i i r ADDRESS:5445 BISCAYNE BLVD r { CERZIONV NE56THST NE.55TH,TER' Morningside NE 53RD ST ;NE 52ND TER NE'52ND ST r=r • R J2°9�30 0arp.r:d aft 0 150 300 600 Feet ADDRESS:5445 BISCAYNE BLVD City a f Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant. Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Application Phone * 305-377-6235 Application Email * BFernandezcrBRZoningLaw.com Application Address * 200 S. Biscayne Blvd. # 850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay c.ii_miam ll_its Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3218-028-0500 Additional Folio Number Total Acreage * ±0. I6 acres Proposed Land Use/Zoning * Land Use/Zoning 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 torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * Owner(s)/Attorney/Applieant Name 0 vner(s)/Attorney/Applicant Signatui STATE OF FLORIDA COUNTY OF MIAMI-DADE 20 Oore -go -mg was nowledged - ore me this day o r , by who is a(n) individual/partner/agent/corporation of individual/partnership/corporation, He/She is personally known to me or who has roduced as identification and who did (did not) take an oath. (Stem . 1* a ,, _ BETTY LLEHENA MY COMMISSION # DD Y6(t413 r k r EXI'*IEe; Minh 5,2014 ;k_ , Bonded Thiu Natal/Public Underwdtera Lt. Ora( jze-V7/1 C4,144D / ire c.RC RADELL & ENAN DEZ ZONING. ILA IN USE AN® ENVIPiCD IENTAL LAW VIA HAND DELIVERY July, 12, 2013 Mr. Anel Rodriguez City of Miami Hearing Boards 444 SW 2nd Ave 3rd Floor Miami, FL 33130 Re: 5445 Biscayne Blvd. Dear Mr. Rodriguez: This law firm represents Ruben Matz, Chocron, LLC, S & R Invest, LLC and Isaac Matz the applicants in relation to th.e enclosed application for a rezoning and comprehensive plan amendment. This letter shall serve as the applicant's letter of intent in support of the enclosed applications. Please contact me should you have any questions regarding this application. Thank you for your attention to this matter. Si ere , B n Fernandez SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 + WWW.BRZONMGLAW.COM COMPREHENSIVE PLAN APPLICATION 0-4 r.- 'PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION cam„. rat 444 SW 2nd Avenue, 3rd Floor . Miami, Florida 33130 • Telephone 305-416-203u , 7 www.miamiqov.com/hearinq boards co CJ$1 Welcome to the City of Miami! This application is intended to serve as a guide in assisEng yy with our public hearing process. Please feel free to contact us, should you have any qutior. 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%ax11 ") 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 Ruben Matz, Chocron, LLC, S & R Investments LLC, and Isaac Matz II 2. Subject property address(es) and folio number(s): 5445 Biscayne Boulevard (01-3)128-028-0500) 3. Present designation(s): Single Family Residential 4. Future designation(s): Low Density Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? Yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? ,"0 7. Do you own any other property within 200 feet of the subject property? Yes. If yes, has the property been granted a Land Use Change within the last year? No. 8. One (1) original, two (2) 11x17" copies and one (1) 8Y2x11 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. 18. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2012 2 COMPREHENSIVE PLAN APPLICATION 9. What is the acreage of the project/property site? ±0.16 acres 20. What is the, purpose of this application/nature of proposed use? To allow parking 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning .and Zoning Department on the 3rd Floor for information. No. 22. Is the propertywithin 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: l „Planning, Zoning and Appeals Board r) rt/t A. and/or XCity Commission a) kv 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 $2�,000. 0, shall e • -id in the form of a certified check, cashier's check, or money order. Signature �''"' Address 200 S. Biscayne Blvd., Suite 850 Name Ben Fernandez, Esq. Telephone 305-377-6235 Miami, Florida 33131 E-mail BFernandez c(r,,BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I ` day of July, 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 (did iTOTTrake an �1 (Stamp) ,�+�"p'�� Sign turew BETTY LLERENA MY COMMISSION* DD 660413 C?(i i 9: Meath i, 2014 Bonded Thar Notary Public Underwr te's 2(11 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: . That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day to day staff inquires, 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property .of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant(s) Name Ap•Iicant s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1- day of July, 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 (did notTtake an o n (Stamp) BETTY LIERENA MY COMMISSION A DD 060413 14 6oMeTh Notary c XAMS: MontiUnderwriters Sign 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) Ruben Matz, Chocron, LLC, S & R Investments LLC, and Isaac Matz Percentage of Ownership Subject Property Address(es) Ruben Matz (25%) Chocron, LLC (25%) (Chimol Chocron 100%) S & R Invest LLC (25%) (Ingrid Yuken 5%; Salomon Yuken Trust 45%; Rosa Yuken Trust 45%; Jaime Yuken 5%) Isaac Matz (25%) 5445 Biscayne Boulevard (01-3218-028-0500) 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): N/A Ben Fernandez Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): N/A Owner(s) or Attorney Sign=, re The foregoing was acknowledged before me this l / day of July, 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 (did not) take an oat (Stamp) 'ITYLL ENA Iv4V 00 4 4II88ION A DO 660/ +.+ ?tr ,;a :: I tftmil 6, 2014 ,A Nolo/ PU&Ita IJnda+v ihrti Sinature Rev. 07-2012 5 Exhibit A LEGAL DESCRIPTION: Tf f WEST 40.00 FEET Of LOT 52 Of DAY51-1Of PLAZA, RE 0 DED IN PLAT BOOK 39, AT PAGE 5 I , Of THE PUBLIC OF MIAMI. DADE COUNTY, !LORIDA 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) CI"I'Y: Miami STATE: Florida ZIP: 33131 HOME PI -ZONE: (305) 377-6235 CELL PI -LONE: (305) 978-2866 Fiv1AII,: BFernandez@BRZoningLaw.com FAX: (305) 377-6222 BUSSINESS or APPLICANT or ENTITY NAME Ruben Matz, Chocron, LLC, S & R Invest LLC, and Isaac Matz BUSINESS ADDRESS: 2742 Biscayne Boulevard (Address Line 1) Miami, FL 33137 (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 of the property located at 5445 Biscayne Boulevard, Miami, Florida. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES (X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No,:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone a. N/A b. 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 persoi %'or ent' y for the same iss e hall be reviewed or considered by the applicable ,°iard(s) u'til expiration o p to of one year after the nullification of the applicatio or order PERSON SUBMITTING DISCLOSURE: Signature Ben Ferna ez Print Name Sworn to and suh.srribccd be'for'e me this ...._._t, _ day of d'4 �fl I ... f0/'L',4 C)1r1,r instrument was acknowledged before me by 02 , who has produced as idenli nation cordtor is personally known to nm — _-- f ' � � � l ' � � e and who did/did not lake an oath. S`1"A fly, OF FLORIDA CITY OF MIAN'1I ���. MY. COMMISSION Notary tint Name 11 i1Y RENA Page 2 Doc. No.:86543 u t 1i `: fo9t`COMM, 411I F Notary h 6, 2014 o dervrt4ters 1111111II11I IIIII IIIJl II1I11I1I111111111I1111 �.F B4 20rJ Fl[t69e $ e-M�l DN 0k 21664 Fs 0559"; Ups) RECORDED 09/19/2003 13252)10 DEED DOC TAX B,212.80 SURTAX 6,159.60 HARVEY RUVIN, CLERK OE COURT MIAMI—DADE COUNTY; FLORIDA LAST PAGE This Instrument Prepared Ay, GASTON R, ALVAREZ, P.A. Attorney at Las City Neti0na1 Dank building 2701 Le Joon., Road, Suite 407 Coral Cables, Ylorida 33134 Property Appraisers Parcel I.D. No,: 01-3218-028-0010 6.01-3218-028-0500 1rantee(e) s,O. N(a): THIS WARRANTY DEED Made the 419th day of , A.D. 2003 by CHOCRON, LLC,. a Florida Limited Liability Company, hereinafter called the Grantor, to RUBEN MATZ, ISAA0 MATZ AND 8 G R INVESTMENTS, LLC, a Florida Limited Liability Company,EACH AS TO A 25% INTEREST, whose post office address is: , hereinafter called the Grantees; WITNEs8ETR, That the Grantor, for and in consideration of the sum of $10.00 and other good valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantees, all that certain land situated in MIAMI-DADE County, Florida, to -wit: PARCEL I LOTS 1 AND 2, OF BAYSHORE PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAGE 51, OF THE PUBLIC RECORDS OF MIAMT-DADE COUNTY, FLORIDA. PARCEL II LOT 53 AND WEST 40 FEET OF LOT 52, OF BAYSHORE PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAGE 51, OF THE PUBLIC RECORDS OF MIAMT-DADE COUNTY, FLORIDA. GRANTOR I8 CONVEYING A 753 INTEREST IN THE PROPERTY AND RETAINING A 25% INTEREST, Subject to: Conditions, restrictions, limitations and easements of records, if any, applicable zoning regulations, as they may not be reimposed, Declaration of Condominium as Amended, and taxes for the year 2003and subsequent years. 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; 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, 2002. IN WITNESS 11REOF, the said Grantor has signed and sealed these presents the day and year I and delivered in STATE OF FLORIDA COUNTY OF MIAMT-DADE CHOORON, company 'By: Add imit-. iai,ility L. S. ger 660 Collins Ave., 6104 Sunny Isles. Beach, FL 33160 I HEREBY CERTIFY that on this day, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Chimal Chocron, as Manager of CNOCRON, LLC, a Florida limited liability company, who produced t*-we. L'ef,-1 as identification and. who did not take an oath, ArtA WITNESS my hand and official seal in the County and State last aforesaid this /(0 day of �Y l 2003. My Commission Expires, c,\Data\Rea1Eotete\CIIOCRONwarrntyDeed.wpd NO tary Signature 8AA0ARA PICCIONE MY COMMISSION 0 C0 953513 EXPIRES- July 9, 2004 FLORIDA Book21664/Page559 Page 1 of 1 SCALE 1'=20 MBAR LOT 53 Sr Q . A SURVEW 7 8M;E fi® A,°F LOY 52. RESARr — Forma O — AVSNOSIE PLC (P.a, 35, Pe- 51 gOT 52 n.x:m iyraw 1 4 • eft Y PSISME VOW:M4FS CRS.VAL (LOOM Tit 52 VMS=OFOITLou atssouni ST EXIT CCSEA LEGAL DESCRIPTION: THE WEST 40.00 FEET OF LOT 52 OF SAYSHORE FIAZA, RECORDED IN PLAT 300K 35, AT PAGE 51, OF THE FU8UC OF MIAMI-DADE COUNTY, FLORIDA 387:3761Y EALT-� LOCATION MAP SCALE. NOT/SC SURVEYOR'S NOTES: 1.9EXAI8INSTION:OFAB.SiRAOTOFT)7LEVELtHAVETO.BEMADETODE9Ep59JNERECORDED INSTRUMENTS. IF ANY. AFFECTING TRISPROPERTY. 2)IOCATAONAND IOENTIFICATIONTIF UTILITIES IFANY ALM SHOWN R4ACCORDANCEWTh}RECORDED FLAT: 3.)OWNERSIEPISSUWECTTOOPINIONOFTTTLE. 4I TYPE OFSURVE!'SPECIFIC.FURPOSE&ERVEY'(NOT ABOUNDARYSURVE0 5-)THISSURVEYISNOTVALW UNLESSSIGNEDANDCF3 FD BY THE SURVEYOR OF 6-1ALLRIGHT OF WAYS SHO W NAREPUBUC UNLESS OTHSOTJAtSE NDT5- 7.) LANDSSURVEYEDAS DESCRDED. A) NOUNDERGROUND INSTALLATIONS ON'7MPROVELIDITS HAVE BEe9TLOCATE0F8DAPTAS 9&,o U. NOTE:THIS SURVEY HAS13EENPREPARED FOR.P..CLUSIVEUSE OFTHE52 ITIES NAMED HERBDN.17ECERTIFICATE r,n S NOTEXIENDTOANYUNNAM52 PARTY FLOOD ZONE INFORMATION CommumryNumber 120650 PandNmtber { Sulk 0308 Dole OTFmm Index 09-St52009 F Zane X BaseAoodElev. NONE SOURCEELEVATIONFROVIOEDDY OABE INTYSURVEYDEPAItt.iBJT REATNETO MEAN SEA LEVEL NATIONAL.GEODE61CVERTICAL DATUMOF 1929 LOCATOR INDEX BBICIEMNECNO. ELEVATION N07ET0SSVRVEYISRAPAO®9ORMORTG'AGEOR52fl2N2EPORP03EONLY.QCLU9P8YFORTN6u5ES arg...TowslateuriscStramo. DOSSURVEYS NOTTOBEUSEO FOR CONSTRUCTION- PERrant+IG.LEszauraANYQNimitts emmOUTWRRTENCCNSEiroF arNRONHA ROBERTO R. BRIZUELA & ASSOCIATES 'LEGEND' Land Surveyors Pl[AL-PHV,urENTTi 1ONa1.ESR U.E- tT3aCERISE]R OFFIC3 RCP.. Po LIMIDI O.1110i-Paer, ner..58005256 Eu rommonme 7319 WEST FLAMER Jil'irtI 13-08-122 MP, SET PHWPREISSUAVEO R- PEGORD 3ON[RTEER- P9x- OUNOMN1NOtE 5.110..71,1NLADiSCSIMPEOPi5. MAR, FLORIDA 33144 �O:gO.ON�_ sax-5211 INOCE PxuPalAroNrv.anac FlELD:WORKDATF- "e"m-0063_ ROBER.O BRIZUELA u : CFIRERUNE C85Lau,e,t81.0IX3aNO 000 RES.ta2OCE E:c.ENaiatao.YiP PAONE (3EM831-0393 REVISIONS I- PROFE.Ce7ONAL Lc.3051 •efOR RE C-IONESTFCOOREt£VAT.ti M. 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