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HomeMy WebLinkAboutPZAB 03-05-14 Supporting DocsPZAB.4 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 06-010261u 1 Quasi -Judicial 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 PROPERTY AT APPROXIMATELY A PORTION OF 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately a Portion of 7000 Biscayne Boulevard [Commissioner Keon Hardemon - District 5] Gilberto Pastoriza, Esquire, on behalf of 7000 Biscayne, LLC 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables, FL 33134 (305) 854-0800 This will change the above property from "Duplex Residential" to "Low Density Restricted Commercial". Recommended approval. See supporting documentation. March 5, 2014 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 7000 Biscayne Blvd. File ID 06-010261u1 REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation for a portion of a property from "Duplex Residential" to "Low Density Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Duplex Residential" future land use category allows residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). The "Low Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" (36 dwelling units per acre) subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laboratories commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Low Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. DISCUSSION The subject area is the western portion of a parcel that comprises approximately 0.11 acres. The area is located on the southeast side of the block that is bounded by Biscayne Boulevard to the east, NE 71st Street to the north, NE 5th Avenue to the west, and NE 70nd Street to the south. Presently the site and the parcel to the north and the areas surrounding it to the northwest, west, southwest and south are designated "Duplex Residential". The areas to the east along the Biscayne Boulevard Commercial Corridor are designated "Restricted Commercial". The subject area is located in the "MiMo" Historic District and is adjacent to the "Palm Grove" Historic District to the west. The subject site is in the UPPER EASTSIDE NET Service Center Area. ANALYSIS The Planning Department is recommending APPROVAL of the amendment as presented based on the following findings: • 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. The proposed change would create a transition between the high permitted densities and intensities along Biscayne Blvd and the low density duplex residential family neighborhoods to the west. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Duplex Residential" future land use category allows residential structures up to a maximum density of 18 dwelling units per acre. The requested "Low Density Restricted Commercial" designation allows density equivalent to "Low Density Multifamily Residential" which is 36 dwelling units per acre. This is a small potential increase of 4 dwelling units for the westernmost 0.11 acre portion of the subject parcel. For the remaining area of the subject parcel, fronting the corner of Biscayne Blvd and NE 70th Street, the maximum density does not change, remaining 150 dwelling units per acre. • MCNP Policy LU-1.3.15, states that 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. This change will allow for the potential addition of commercial uses which may serve the surrounding residential neighborhoods. • MCNP Policy LU-1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on -site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. This site is in close proximity to three Miami -Dade County Metrobus Routes along Biscayne Blvd and may support additional density and commercial uses. • 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. These findings support the position that the Future Land Use Map at this location and for this neighborhood should be changed to the proposed designation. 0 w w 150 FUTURE LAND USE MAP (EXISTING) NE 73RD ST NE 72ND ST NE 71ST ST i Duplex - Residential 1 1 NE 7OTH ST NE 69TH S NE 68TH ST Major Institutional Public Facilities, Transportation & Utilities 300 600 Feet NE�TER \\ NE 72ND TER NE 72ND ST 03 Mo Medium Density Multifamily Residential ADDRESS: 7000 BISCAYNE BLVD FUTURE LAND USE MAP (PROPOSED) w w NE 73RD ST NE 72ND ST 1 1 Low Density Restricted Commercial NE 71ST ST Duplex -i Residential I NE 70TH ST Palm Grove NE 69TH S NE 68TH ST Major Institutional Public Facilities, Transportation & Utilities NE 72ND ST c w z a 0 MiMo U H w z E 72ND TER NE 72ND ST NE 71ST ST Single Family 21 R isidential NE 70TH ST Bayslide NE 69TH ST NE 68TH ST r,4-1 0 150 300 600 Feet I i I i I NE 67TH ST ADDRESS: 7000 BISCAYNE BLVD 0 150 300 600 Feet ADDRESS: 7000 BISCAYNE BLVD WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. MITCHELL BIERMAN, P.A- NINA L. BONISKE, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT LILLIAN M. ARANGO GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN K. FERTEL CHAD S. FRIEDMAN ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ ROGER S. KOBERT JOSHUA D. KRUT MATTHEW H. MANDEL JOHN J. QUICK ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN MARC SOLOMON LAURA K. WENDELL JAMES E. WHITE Mr. Francisco Garcia ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUIIE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSIMILE 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 Director Department of Planning & Zoning City of Miami 444 SW 2nd Avenue, 3th Floor Miami, FL 33130 *OF COUNSEL January 14, 2014 Re: Amendment to the Miami Comprehensive Neighborhood Plan (the "Plan") and a change in Transect Zone (the "Rezoning") Dear Mr. Garcia: SONJA C. DARBY BROOKE P. DOLARA RAQUEL ELEJABARRIETA° DANIEL A. ESPINO ERIC P. HOCKMAN KELLY RAINS JESSON KAREN LIEBERMAN* JUSTIN D. LUGER JOHANNA M. LUNDGREN MIA R. MARTIN ALEIDA MARTINEZ MOLINA* KATHRYN M. MEHAFFEY ROBERT A. MEYERS* MATTHEW PEARL MARC C. PUGLIESE° CARLOS M. RODRIGUEZ* GAIL D. SEROTA* ALISON F. SMITH* ANTHONY C. SOROKA EDUARDO M. SOTO PABLO A. TAMAYO JOANNA G. THOMSON PETER D. WALDMAN° ALICIA H. WELCH SAMUEL I. ZESKIND Our film represents 7000 Biscayne LLC ("7000 Biscayne"). 7000 Biscayne is the owner of the property legally described in the attached Exhibit "A" (the "Overall Property"). The Overall Property lies at the NW corner of Biscayne Boulevard and NE 70th Street. The Overall Property has dual land use designations and dual transect zones. The portion of the Overall Property fronting Biscayne Boulevard is designated Restricted Commercial in the Plan and has a Transect Zone of T5-O. The rear portion of the Overall Property is designated Duplex - Residential in the Plan and has a Transect Zone of T3-L. The legal description for the rear portion of the Overall Property is shown on the attached Exhibit "B" (the "Property"). 7000 Biscayne wishes to amend the Plan and Rezone the Property. The amendment to the Plan will be from Duplex Residential to Low Density Restrictive Commercial and rezone from T3-L to T4-L. Mr. Francisco Garcia January 14, 2014 Page 12 The proposed Plan Amendment and Rezoning will allow for a more efficient and feasible use of the Overall Property with parking and accessory functions occurring on the Property better serving the portion of the Overall Property fronting Biscayne Boulevard. Also, please note that the proposed request wills serve as a gradual transition from the Biscayne Boulevard T5-corridor to the residential neighborhood to the west. This transition will be totally contained within the Overall Property. Miami 21 Section 7.1.2.8 c2 (g) analysis. The City has designated the area where the properties are to be located as the Miami Modern (MIMO) Biscayne Boulevard historic district (the "District"). The property owners in the area are trying to bring back the old classic character on the District with new construction, and/or remodeling existing structures. The T3 properties in question immediately abut the rear of the T5 properties abutting Biscayne Boulevard. The depth of these Biscayne Boulevard properties is not sufficient to effectively provide parking and/or amenities necessary to resurrect the MIMO district. The T3 properties would serve that purpose but unfortunately parking and/or the necessary amenities are not permitted, therefore, keeping the T3 transect zone thwarts the intentions of the creation of the MIMO district. Rezoning these properties to T4 will accommodate the parking and necessary amenities promoting the spirit of the MIMO district. Additionally, the gradual transition from T5 along to Boulevard properties to the T3 on the west is best accomplish by the T4 rezoning which occur on properties in between these two districts on properties owned by the applicant which now have T5 and T3 zones. These applications comply with the successional zoning requirements of Section 7.1,2,8 a of Miami 21. The requirements of Miami 21 Section 7.1.2.8 c are also complied with by the inclusion of the proffered Unity of Title and Declaration of Restrictive Covenants in Lieu of Unity of Title. We look forward to your favorable review of these applications. Please do not hesitate to contact the undersigned if you have any questions or require additional information. GP/ms Attachments 2688001 Gilberto Pastoriza WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Portion of Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. Legal Description: Lot 24, in Block 2, of Baywood, according to the Plat thereof, as recorded in Plat Book 5, Page 85, Public Records of Miami -Dade County, Florida. Containing approximately 5,100 Square Feet, more or less. Portion of Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. Legal Description: Lot 24, in Block 2, of Baywood, according to the Plat thereof, as recorded in Plat Book 5, Page 85, Public Records of Miami -Dade County, Florida. Containing approximately 5,100 Square Feet, more or less. COMPREHENSIVE PLAN ['i�fG$ APPLICA .I Rcc !? i PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION `� N 2, Ptt:t: 6t: 1 6 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamioov.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'/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): 7000 Biscayne LLC 2. Subject property address(es) and folio number(s): Portion of property whose address is 7000 Biscayne Blvd., Miami, FL 01-3218-004-0650, see attached Exhibit "A": 3. Present designation(s): Duplex -Residential 4. Future designation(s): Low Density Restrictive Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? Yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No 7. Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a Land Use Change within the last year? No 8. One (1) original, two (2) 11x17" copies and one (1) 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 Tess than one (1) year old. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev. 07-2013 2 take an oath. COMPREHENSIVE PLAN APPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violatign kk Gte \I 19. What is the acreage of the project/property site? 5,100 sq. ft./,acres 20. What is the purpose of this application/nature of proposed use? Provide a self contained buffer between the Biscayne Boulevard frontage and the residential properties to the West. 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. Mimo District 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: CI Planning, Zoning and Appeals Board 30 minutes and/or 0 City Commission 30 minutes 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, 000.00, s Signature Name Telephone (305)854-0800 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 be paid ' e orm of a certified check, cashier's check, or money order. Address 2525 Ponce de Leon Blvd. #700 Coral Gables, FL 33134 E-mail gpastoriza@wsh-law.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I day of 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7000 Biscayne LLC, a Florida limited liability company a(n) individual/partnership/corporation. He/She is personally kno 14e-er who has produced as identification and<whp did (did 'not) MARILYN SOMODEVILLA * MY COMMISSION # EE 116532 EXPIRES; September 13, 2015 Bonded Thru Budget Notary Services Rev. 07-2013 3 CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7000 BISCAYNE LLC, a Florida limited liability company (the "Company"), that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on January 14, 2014, at the offices of the Company. RESOLVED that the Company consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7000 Biscayne Blvd., Miami, Florida, (the "Applications"); and the filing of all necessary documents, necessary to the filing, including Unity of Title and Declaration of Restrictive Covenants in Lie of Unity of Title; and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf of the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of Weiss Serota Helfman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this (1 day of 3c. STATE OF FLORIDA COUNTY OF MIAMI-DADE , 2014. 7000 BISCAYNE LLC, a Florida limited liability company Todd Leoni, Manager I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni, as Manager of 7000 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this In day of A.D., 2014. --1/1/14 7)/ SIGNATURE OF PSON TAKING AKNOWLEDGEMENT tPRY PLg MARILYN SOMODEVILLA * , 1.415.1. * MY COMMISSION # EE 116532 ti EXPIRES: September 13, 2015 TFOF F� \ Bonded Thru Budget Notary Services COMPREHENSIVE PLAN APPLICATION (Stamp) Signature AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza , 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, El including or ❑ 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. Gilberto Pastoriza Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1 ` day of 3 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7000 Biscayne LLC, a Florida limited liability company a(n) individual/partnership/corporation. He/She is De�__rsona�Ily known me or who has produced as identification and who did (did not) take an oath. (Stamp) t/t/cn Signature ;61'P1.71, MARILYN SOMODEVILLA * z� , �, * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 07,,14.0, K,,pQ,��P Bonded Thru Budget Notary Services Rev. 07-2013 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) 7000 Biscayne LLC is owned by Todd Leoni Percentage of Ownership 100% Subject Property Address(es) 7000 Biscayne Boulevard, Miami, FL 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): See attached Exhibit "A" Gilberto Pastoriza Owner(s) or Attorney Name Legal Description(s): ner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this it day of Ct\A-M-�`� 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7000 Biscayne LLC, a Florida limited liability company a(n) individual/partnership/corporation. He/She is persg aIly-14newA4o me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Cc� 36`.1: MARILYN SOMODEVILLA * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 9TFOF F043c Bonded Thru Budget Notary Services Rev. 07-2013 5 Legal Descriptions: Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004-0660 Address: 7010 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 26, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,073 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004-0430 Address: 7020 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 2, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004-0420 Address: 7030 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 1, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE FEET, MORE OR LESS. 4. City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields information Application Type Public Hearing Application Sub -Type Zoning Application Name * 7000 Biscayne LLC Application Phone * 305-854-0800 Application Email * gpastoriza@wsh-1aw.com Application Address * 2525 Ponce de Leon Blvd., #7(S0, Coral Gables, FL 33134 Contact Fields Information Contact Name * Gilberto Pastoriza Esq. Contact Phone * 305-854-0800 Contact Email * trecio(ruwsh-law.com Local Govt, Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav n.ci.rn iani Lfl,tt5 Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3218-004-0650 fi Additional Folio Number Total Acreage * .11 acres Proposed LandUse/Zoning * T4 /low density re$tricti- commercial 0 Single-Family Detached Units * Single -Family Attached Units (Duplex) * 0 Mufti -Family Units * 4 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 mproved 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 wilt 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/Applicant Name Owner (s)/Attorney/Applicant Si STATE OF FLORIDA COUNTY OF MIAMI-DADE 2 0 Th - oregoiig w to vlalged eforq c this I. day of_A who is a(n) individual/partnerf_a �,eennt,_l�corporation of "L' jl±ep.. L L (_ a(n) individual/part nershipfcorpo ntrrLion "I le/She is personally known to me tor who has produced as identification and cvho did (did not) take an oath. ""-----i. (Stamp) Sig ve MARILYN SOMODEVILLA MY COMMISSION f EE 116532 EXPIRES; September 13, 2015 44,0,Ftic�°t &ndedTlweu etelNola 1Servre& JI?\ JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers yAniwjEt osuRvE. do., o� e NOTE THE PURPOSE OF THIS SURVEY IS TO SHOW THE LOCATION AND PLATTED DIMENSIONS OF THE PROPERRES ro SE REZONED. NO IMPROVEMENTS WERE LOCATED FOR THIS SURVEY. NE 71si STREET Boundary Survey 10160. s. y � ft /JKU SI T4 R 3 T15T T 11 15. 1 III1L TOWcN ',7fN •..E:1 ,lot LOCH RON SKETCH •• 7 ABBREVIATIONS GRAPHIC SCALE o BO rlHcr mSEEr SURVEYORS CERTIFICATION: _ s1. E SlAzR"�EMO a,� smmTir vmc LINO rT�NRROM THE NRSC. Trio SURVEYORS sir. na mrsmamEcroE -0-1F\ JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers TELEPHONE cov a s DLIww iNasLANDvr. As 'HE PURPOSE OF THIS SURVEY 'S TO SNOW THE LOCATION AND PLATTED DIMENSIONS OF THE PROPERTIES TO BE REZONED. VOIMPROVEMENTS WERE LOCATED FOR THIS SURVEY. nr NE 71st STREET NE Boundary Survey CR 'nor 2102 5KL) Sl a 7i T 11 1111111 IIII ONINO SEM r NI/:2d,I SE ILO, <; uPs"g .�.. LOCATION SItETCN J ABBRENADONS GRAPHIC SCALE 040 BO /NCISEER al FEES SURVEYORSCENNRFICAS/DM HERESY HERSOLL HAS RECORLR v SURVEYED ORLON UNDER NOSUXRN NANO TNEFLESVRININE ARNALUN TECHNICAL STAMO4RARDOFSRARVESIONAL LOOS 10/1MMs REISSEDOS JOHN IBARRA & ASSOCIATES, INC. 40-1h1 Professional Land Surveyors & Mappers www 11=uDs11vL.OWS' NOTE. THE PURPOSE OF THIS SURVEY IS TO SHOW THE LOCATION AND PLATTED DIMENSIONS OF ME PROPERNES TO BE REZONED. NO IMPROVEMENTS WERE LOCATED FOR THIS SURVEY. NE 71st STREET BLOCK •7 eaor Boundary Survey SlOCK IDE 70th STREET o GRAPHIC SCALE 80 OLIO 0,1210.06,41460 rsGYx[ maw FL 3313S LEGAL DESCRIPROE me. aozorMrpmue SURVEYORS SERTIRCATIOE HEREBY COM, PAS TOUNDARY SURVEY Or 10/E0420PERIY DESCRISED HEREON. IIAS RECENR SEEN SUF..- 12,1A10 GRAM SIAIIILRO'nrASTErPORIN BY INEZZA"."'. Of ES rEliS IVOR ANNAW FurzSuwTmTrz03TRae�/.smwmECODE iMi6'L01) THIS INSTRUMENT PREPARED BY: RECORD AND RETURN TO: Todd Leoni P.O. Box 381703 Miami, Florida 33238 CORRECTIVE WARRANTY DEED CFN: 20130497836 BOOK 28691 PAGE 4420 DATE:06/22/2013 07:08:56 PM DEED DOC 0.60 SURTAX 0.45 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY THIS WARRANTY DEED, made this 15111 day of April, 2013 by TNA PALMS, INC. A Florida Corporation hereinafter called grantor, to 7000 Biscayne LLC, a limited liability company, hereinafter called grantee, whose post office address is P.O. Box 381703, Miami, Florida 33238. WITNESSETH: That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, 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, Florida, viz: Folio #: 01.3218.004.0650 Address: 7000 Biscayne Blvd, Miami, Florida 33138 Legal Description: BAYWOOD PB 5-85 LOTS 24 & 25 LESS E8FT & LESS EXT AREA OF CURVE IN SE COR LOT OF 25 FOR RAW BLK 2 LOT SIZE 10265 SQ FT Folio #: 01.3218.004.0660 Address: 7010 Biscayne Blvd, Miami, Florida 33138 Legal Description: BAYWOOD PB 5-85 LOT 26 LESS E8FT FOR ST BLK 2 LOT SIZE 50.000 X 102 OR 19317-0123 2 (2) OR 19317-0123 1000 03 Folio #: 01.3218.004.0430 Address: 7020 Biscayne Blvd, Miami, Florida 33138 Legal Description: HAYWOOD PB 5-85 LOT 2 LESS E8FT BLK 2 LOT SIZE 50.000 X 102 OR 19317-0123 2 1000 (2) OR 19317-0123 1000 03 Folio #: 01.3218.004.0420 Address: 7030 Biscayne Blvd, Miami, Florida 33138 Legal Description: BAYWOOD PB 5-85 LOT 1 LESS E8FT & LESS EXT AREA OF CURVE IN NE CORNER FOR R/W BLK 2 LOT SIZE 5244 SQ FT OR 19317-01241000 5 1. Taxes for the year 2012 and subsequent years, which are not yet due and payable. 2. Zoning, restrictions, prohibitations and other requirements imposed by governmental authority; restrictions and matters appearing on the plat otherwise common to the subdivision and public utility easements of record, without the intention of reimposing the same. 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 said grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. **This Deed is being recorded to correct that certain Warranty Deed recorded in Official Records Book 28511, at Page 1153, Dada County, Florida IN WITNESS WHEREOF, the said grantor hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of Witness Signature (a to both e Print Name U Witness SSiignature (as to�both) 12 Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ` - The foregobstrument was acknowledged, swam to and s day of h ,2013. My Commission Expires: Personally Kn Type of I TNA PALMS, INS., a Florida Corporation By: k Todd Leoni, President P.O. Box 381703 Miami, Florida 33238 crib.' b fore me ission/Serial Number (if any) OR Produced Identification tification Produced: on this 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: Gilberto Pastoriza (First Name) (Middle) (Last Name) HOMEADDRESS: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. (Address Line 1) 2525 Ponce de Leon Blvd., Suite 700 (Address Line 2) CITY: Coral Gables STATE: Florida ZIP: 33134 HOME PHONE: (3 0 5) 8 5 4- 0800 CELL PHONE: FAX: (3 0 5) 8 5 4- 2 3 2 3 EMAIL: gpastoriza@wsh-law.com BUSSINESS or APPLICANT or ENTITY NAME 7000 Biscayne LLC BUSINESS ADDRESS: c/o Gilberto Pastoriza, 2525 Ponce de Leon Blvd., #700 (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 & comprehensive plan for 7000 Biscayne Boulevard, Miami, FL 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. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A 5. Describe what is being requested in exchange for the consideration. 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 person or entity for the same issue sh ewed or considered by the applicable board(s) until tion of a pe ' of one e fter the nullification of the application or orde 1 PERSON SUBMITTING DISCLOSURE: igna ure Gilberto Pastoriza Print Name Sworn to and subscribed before me this \ d y of C''(- , 2011 It . The foregoing instrument was acknowledged before me by (? i Leyar ---1--.... , who has produced as identification and/or is personally known to me and who did/did not take an oath. C STATE OF FLORIDA CITY OF MIAMI `\--'i��,� MY COMMISSION Notary EXPIRES: o'CY vu ', MARILYN SOMODEVILLA # EE 116532 ..sgommissioN Enclosure(s) np. • EXPIRES: September 13, 2015 "°gr4,4)F0 0.." Banded TireBudget Notary Services Doc. No.:86543 Page 2