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Home My WebLink AboutPZAB 10-16-13 Supporting DocsFile ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: PZAB.5 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 13-008651u 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 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 180 NE 50th Street [Commissioner Michelle Spence -Jones - District 5] Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. 200 S Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 This will change the above property from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial". Denial. See supporting documentation. Planning, Zoning and Appeals Board: Continued on September 18, 2013. ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 180 Northeast 50th Street File ID 13-008651u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan at the above mentioned location from "Medium Density Multifamily Residential" to "Medium 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 "Medium Density Multifamily Residential" future land use category allows residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of ser- vice for facilities and services included in the City's adopted concurrency management require- ments. Supporting services such as community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to ap- plicable state law; community -based residential facilities (15-50 clients) and day care cen- ters for children and adults may be permissible in suitable locations. Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or build- ing complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required lev- els of service for such uses, places of worship, primary and secondary schools, and acces- sory post -secondary educational facilities. 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 loca- tions within medium density multifamily residential areas, pursuant to applicable land devel- opment 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 struc- ture(s). The "Medium Density Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "Medium Density Multi- family Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and labora- tories, auditoriums, libraries, convention facilities, places of worship, and primary and sec- ondary schools. Also allowed are commercial activities that generally serve the daily retail- ing 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, sa- loons and cafes, general entertainment facilities, private clubs and recreation facilities, ma- 1 jor 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 cate- gory 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. DISCUSSION The subject area consists of one parcel comprising approximately 0.158 acres. The parcel is located in the northeastern area of the block that bounded by NE 2nd Avenue on the east, NE 49th Street on the south, NE 1st Avenue on the west, and NE 50th Street on the north. The site and the area to the north, west, and south are currently designated "Medium Density Multifamily Residential". The area to the east directly along the NE 2nd Avenue corridor is designated "Restricted Commercial". The subject site is in the LITTLE HAITI NET area. ANALYSIS The Planning Department is recommending DENIAL of the application as presented based on the following findings: • There is an established and stable residential neighborhood to the north, south, and west. • A land use change at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications throughout this neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Medium Density Multifamily Residential" land use category allows residential structures up to a maximum density of 65 dwelling units per acre. The requested "Medium Density Restricted Commercial" designation does not amend the maximum permitted density. • 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. The "Medium Density Restricted Commercial" category is not appropriate for in the proposed location as it would allow for uses into a stable residential neighborhood that could potential reduce the quality of life for the area's residents. Commercial uses should be limited to the commercial corridor along NE 2nd Avenue in order to minimize conflicts. • 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. A change to "Medium Density Restricted Commercial" allows for the encroachment of incompatible commercial land uses into a stable residential neighborhood. • MCNP Housing Policy HO-1.1.7, states the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial 2 land development which may negatively impact any residential neighborhood. A change to "Medium Density Restricted Commercial" would allow for large and intense commercial us- es that have the potential to negatively impact the surrounding areas. • MCNP Housing Policy HO-1.1.8 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. Allowing for commercial uses in this viable residential neighborhood would reduce the amount space dedicated to housing. • The MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. See attached concurrency analyses. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The approved Miami 21 zoning designation on this parcel is T4-R "General Urban — Restricted". The proposed Miami 21 zoning designation is T4-L "General Urban — Limited". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. 3 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 13-008651u IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 09/18/13 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez, Esq., on behalf of Douglas Gardens Holding Corp. Address: 180 NE 50 ST Boundary Streets: North: NE 50 ST East: NE 2 AV South: NE 49 ST West: NE 1 AV Proposed Change: From: Medium Density Multifamily Residential To: Medium Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.1580 acres @ 65 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 0.1580 acres @ 65 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 10 DU's 7 0 sq.ft. 10 DU's 7 0 sq.ft. 0 0 0 0 LITTLE HAITI 308 E2 109 NE 2 AV RECREATION AND OPEN SPACE Population Increment, Residents Park Within 10 Minute Barrier -Free Walk % Population Outside of Barrier Free Walk P Excess Capacity After Change Concurrency Checkoff 0 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 0 0 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 0 0 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 0 0 800 800 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 0 0 B B 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. Medium Density Restricted Commercial: Albw 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;general office use; clinks and laboratories commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways which Include: general retailing, personal and professional services, real estate, banking, restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use Impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools. .This category also Includes commercial marinas and living quarters on vessels as permissible. Allow max heigh 7 stories (height up to 25 ft for the ground floor and up to 14 ft for each additional floor CM_1_IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. FUTURE LAND USE MAP (EXISTING Medium Density Restricted Commercial 0 150 300 I 1 I 1 600 Feet Restricted ADDRESS:180 NE 50 ST FUTURE LAND USE MAP (PROPOSED) NE MIAMI PL co NE NE 50TH TER I Single Family - NE52NDST "51STrST Residential Medium Density Restricted ommercia � s NE 50TH ST F I;1 • NE 49TH Sr 12y Medium Density Restricted Commercial 111111111111111111111 E 48TH ST NE 47TH ST U NE 2ND AV Restricted Commercial J 1- 0 z N W z Medium Density Multifamily Residential Major Inst, Public Facilities, NE 48TH TER Single Family, - Residential, NE 48TH ST 0 150 300 600 Feet ADDRESS:180 NE 50 ST 0 150 300 I 600 Feet I ADDRESS:180 NE 50 ST ''`'', ;;,; ,, City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Ben Fernandez, Esq. on behalf of Douglas Gardens Holding Corp. Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com Application Address * 200 S. Biscayne Blvd., Suite 850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez, Esq. 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@ciniami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3124-015-0490 Additional Folio Number Total Acreage * 10.158 Proposed Land Use/Zoning * T4 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 * 11 J 6,,....4".&e2-- Owner(s)/Attomey/Applicant Name 0 ner(s)/Attorney/Applicant ignatur STATE OF FLORIDA COUNTY OF MIAMI-DADE t 29 T.lia�foregobing was a owledged b e me this 1 ` day of y who is a(n) individual/partner/agent/corporation oof individual/partnership/corporation. He/She is personally known to me or w o Las produce as identification and who did (did not) take an oatn. Q1l�r. ( Star rwn BETTYILEHENA MY COMMISSION # DD060413 EXM4ES: Minh $, 2014 Bonded Thru Notary Ptlblia Undr rters Lure IRO BGRCOW RADELL & FERNAN D EZ ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-6237 E-Mail: BFernandez@BRZoningLaw.com VIA HAND DELIVERY July, 17, 2013 Mr. Anel Rodriguez City of Miami Hearing Boards 444 SW 21,d Ave 3rd Floor Miami, FL 33130 RE: Douglas Gardens Holding Corp., 180 NE 50tt, Street Miami, Florida Application for a Comprehensive Neighborhood Plan Amendment and an Amendment to the Zoning Atlas Dear Mr: Rodriguez This law firm represents Douglas Gardens Holding Corp., (the "Applicant") with respect to the enclosed application for a Comprehensive Neighborhood Plan Amendment and an Amendment to the Zoning Atlas. 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. Sinc y, Ben Fernandez BF/bl Enclosures SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM COMPREHENSIVE PLAN APPLICATION wz z PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION roo cam -- 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 01 ,'. e www.miamigov.com/hearing boards = ca rn Welcome to the City of Miami! This application is intended to serve as a guide in assisting'/ou ., 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 }he application or desire to make a presentation before city boards, committees and the city c_: mmission. All documents, reports, studies, exhibits (8Y2x11") or other materials submiu ad 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 Douglas Gardens Holding Corp. 2. Subject property address(es) and folio number(s): 180 NE 50th Street (01-3124-015-0490) 3. Present designation(s): Medium Density Multifamily Residential 4. Future designation(s): Medium Density Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No. 7. Do you own any other property within 200 feet of the subject property? 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) 81/Ax11 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. COMPREHENSIVE PLAN APPLICATION 19. What is the acreage of the project/property site? ±0.158 Acres 20. What is the purpose of this application/nature of proposed use? To allow a mixed use 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: (3 I I Planning, Zoning and Appeals Board 20 minutes and/or ❑ City Commission )0 "%'tom. li a�i3 25. Cost -of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package *Fees over $25, Signature $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 , shall be in the form of a certified check, cashier's check, or money order. Name Ben Fernandez, Esq. Telephone 305-377-6235 Address 200S. Biscayne Blvd., Suite 850 Miami, FL 33131 E-mail BFernandez(a)BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 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 •ersonally known to me or who has produced as ide `:- `;• - •%,��•*+ �: • id no take an oath. , MY COMMi$SI0N * DD ' a EXPINES #Mda#t S, 2014 Bonded Thru Notary Public Underwriters (Stamp) COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq., who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act 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• icant(s) Signatur STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this IF1- 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 (Stamp) BETTY IIFRENA A MY COMMt6SION # DD P60413 EXPIRES: Mre i 6, 2014 Bonded Thru Notary Public Underwriters 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) Percentage of Ownership Subject Property Address(es) Douglas Gardens Holding Corp. Nicholas Brocherie (100%) 180 NE 50th Street (01-3124-015-0490); 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): 4920 NE 2nd Avenue (01-3124-015-0700) Lot 27, less the East 10 feet of Block 3, of BELLEAIRE Subdivision, according to the plat thereof as recorded in Plat Book 6, at Page 64, of the Public records of Miami - Dade County, Florida. 4930 NE 2nd Avenue (01-3124-015-0480) Lot 2, Less the East 10 feet of Block 3, of BELLEAIRE Subdivision, according to the plat thereof as recorded in Plat Book 6, at Page 64, of the Public records of Miami - Dade County, Florida. 4940 NE 2nd Avenue (01-3124-015-0470) Lot 1, Less the East 10 feet of Block 3, of BELLEAIRE Subdivision, according to the plat thereof as recorded in Plat Book 6, at Page 64, of the Public records of Miami - Dade ty, Florida. Ben Fernandez, Esq. Owner(s) or Attorney Name Owner(s) or Attorney Sign ure STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 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 gnat Rev. 07-2012 5 Exhibit A Legal Description Lot 3, Block 3, of BELLEAIRE Subdivision, according to the plat thereof as recorded in Plat Book 6, at Page 64, of the Public records of Miami -Dade County, Florida. CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ben Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 FAX: (305) 377-6222 EMAIL: BFernandez@BRZoningLaw.com BOSSINESS or APPLICANT or ENTITY NAME Douglas Gardens Holding Corp. BUSINESSADDRESS: 5200 NE 2nd Avenue (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 180 NE 50th Street, Miami, Florida. CAA4 t.*SRQ 4,-% "co) c4,‘^•% cKcS t -. _ f 1(‘ Q` k 3 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 El 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 person or entity for the same issue shall be reviewed or considered by the applicable . I ard(s until expira ' n a period of one year after the nullification of the applicati 6 or or' • r. PERSON SUBMITTING DISCLOSURE: St ature Ben Fernandez Print Name Shorn to and subscribed before nre this \ dery o1 JVI ,.i The foregoing instrtunent etas acknowledged before me by , who has produced ._ as identification and or is personals known to me and 1 ao did did not take an oath. STATE OF FLORIDA / • CITY OF MIAMI k,..,,,,f ki• MY COR•1M1S. l0 ��' Notary EXPIRES:5 9 `,_ '' l� / , I igi. im+ V- • ! A ,. Print Name Enclosure(si 3* 1 COM(INBSIONADDY60413 '4. ,' = EXPIRES: Minh 3. 2014 , Bonded That Notary Public Underwriters Page 2 Doc. No.:86543 _ _ B r• REC 1970 This Instrument Prepared By; Brian A. Maloof, Esq. 9190 Sunset Drive Miami., Florida 33173 (305) 596-5202 Folio Number(:): 01 312 40150490 Grantee's S.S. art: 4 PG.15 41 Li 1R292974 2001 JIM 06 14:03 DOCSTPDEE 731.40 SURTX 0.06 HARVEY RUVIN, CLERK DADE COUNTY, FL WARRASPir DEEp, THIS INDENTURE, made this 5th day of June, 2001, between Linda Christai Neal, a married woman. joined by spouse. Harold Neal, of the County of Miami -Dade, State of Florida, grantor, whose post offioe address is 255 N.W. 97 Street, Miami, FL 33150, and Douglas Gardens Holding Corp., lnc.. a Florida not-for•protit corporation , whole post office addxeas i' 3200 N,E. lad Avenue, Miami. FL 33137, of the County of Miami -Dade, State of Florida, grantee', WTINESSE111.'hat Hid grantor, for and in consideration of the suns of TEN ($10.00) DOLT ARS. and other good and valuable considerations to ail grantor in hand paid by said grantee. the receipt whereof is hereby acknowledged, has granted, bargained and sold to said grantee, and grantee's bairn and assigns forever, the following deaanbed laud, situate, lying and being in Miami -Dade County, Florida, to -wit: Lot 3, Block 3, BEU AIRE SUBDIVISION, according to the Plat thereof, as reaotdod in Plat Book 6, at page 24, of the Public Records of Miami - Dade County, Florida. SUBJECT TO- (1) Taxes for the year 2001 and subsequent years, (2) Zoning tad other governmental regulations. (3) Easomente. restrictions, conditions and limitations of record, if any, without reimposing the saute by this reeitation. and ;aid grantor data hereby fully warrant the title to said land, and will defend the saws against the !awful daima of all por n* whomsoever. "Grantor' nand "grantee` are used for singular or plural, as context require. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hind and seal the day and year first above written. Signed, sealed and delivered in our presence: (as to both signatures) ame:/vlyl t-s s rzm4r,/ PC-/ ic i •• f. RR. 19704 PG. 1542 STATE 01: FLOR1DA )SS: COUNTY OF MIAMI-DADE ) 1 HEREBY CER11FY that on this day before me, an offscor duty qualified to administer oaths and to tako adcaowledgementa,pa rsan■1ly appeared Linda Chrittat Neal and Harold Neal, to we pozeosally blown or who presented PAve'i,iC4u. as identification, and who, upon being duly sworn, executed the forsgoieg instrument and acknowkdgod bswcu before that they enacuted the tame. h WITNESS my hand and official sea) in the ems, _. and Stele bet aforesaid � " day of Juno, 2001. My Commission Expires: A \ + E TE R CATAI.FAMO �trIAItY I'i1HLlC STATE OF FLORID COMMTSSYON NO CC733906 �tYC(IMMTCSION F.XP.MAY 62002 NO T" PUB G State of .1 • g, P ed Naar.: 11444 (at „o NECORDW w Dr FCu; ,+fCCRM OU(.t OFCrUYCQTITy. Fl ilf]F. RECORD VF R,F if HARVEY RUM cum c Gr+cFnr evcmr ON PL CII 0 m 90 ON PL 136.67'(R&M) 138.33'(R&M) to 0 ABBREVIATIONS: SVac=SIDE WALK. CBS=CONCRETE BLOCK STRUCTURE. CLF=CHAIN LINKFENC E. PL=PROPERTY LINE, OUE=DRAINAGE UTILITY EASEMENT. IP=IRON PIPE. F=FOUND, A,C=AIR, CONDITIONER PAD. P/C=PROPERTY CORNER DM=ORILLED HOLE. VJF=N000EN FENCE. RES=RESIDENCE, CL-CLEAR. RB=REBAR. UE=UfLH, EASEMENT. CONC=C0HCP.ETE SLAB. RNW0IGHr OF WHC D •DRAINAGE EASEMENT CIL=CENTER LINE. 0=OIAMTER, TYP=TYPICAL. M=MEASUREO. R=REC0ROE0. ENCR=ENCROACHMENT COMP=COMPUTER,ASH=ASPHALT, N/I1=NAILS DISC. S=SET, FEE=FINISH FLOOR ELEVATION OIS=OFFSETP/F=POKER POLE. OOP=OVERHEADPONERLINE,NM=WATER METER WOOD MASONPYVpr1_ I I I I I I I I I I ELEVATION BASED ON LOC. # & _ .__ _.. - _ CONCRETE= I.•:'.,..•::,..,:•:: .::...'.:•..': •.•..:•:.-. +:.I MAINTENANCES DRAINAGE EASEMENT=M S0.E. CBM# ELV. TYPE OF SURVEY: BOUNDARY SURVEY SURVEYOR'S NOTES: 1) OWNERSHIP SUBJECT TO OPINION OF TITLE. 2) NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 4) LEGAL DESCRIPTION PROVIDED BY CLIENT. 5) UNDERGROUND ENCROACHMENTS NOT LOCATED. 6) ELEVATIONS ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 7) OWNERSHIP OF FENCES ARE UNKNOWN. 8) THERE MAY BE ADDITIONAL RESTRICTIONS NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 9) • CONTACT THE APPROPRIATE AUTHORITY PRIOR TO ANY DESIGN WORK FOR BUILDING AND ZONING INFORMATION. 10) EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING THIS PROPERTY. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. BEARINGS WHEN SHOWN ARE REFERRED TO AN ASSUMED VALUE .OF SAID PB • 6 PAGE 24 NOT VALID UNLESS EMBOSSED WITH SURVEYOR'S SEAL I0 REVISED: LOCATION SKETCH SCALE: NTS N.E. 2nd AVENUE Property Address: 180 N.E. 50th St-, Miami, FL. 33137. Certified To: 49 Station, LLC, a Florida limited liability company; Evergreen Overseas Holdings, Inc.; Eric J. Grabois, P.L.; Old Republic National Title Insurance Company. LEGAL DESCRIPTION: LOT OF BELLEAIRE 3 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 OF THE PUBLIC RECORDS MIAMI—DADS COUNTY, FLORIDA BLOCK 3 SUBDIVISION AT PAGE 24 HEREBY CERTIFY That the survey represented thereon meets the minimum technical requirements adopted by the STATE OF FLORIDA Board of Land Surveyors pursuant to Section 472.027 Florida Statutes. There are no encroachments, overlaps, easements appearing on the plat or visible easements otherthan as shown hereon. ADIS N. NUNEZ REGISTERED LAND SURVEYOR. STATE OF FLORIDA. 05924 SINCE 1987 BLANGO SURVEYORS ING. Engineers • Land Surveyors • Planners • LB # 0007059 555 NORTH SHORE DRIVE MIA MI BEACH, FL 33141 (305) 8E5-1200 Email: blonco:urveyorsincOyahoo.ccm Fax: (305) 8E5-7810 FLOOD ZONE: X PANEL: 0304 DATE: 6/10/13 SCALE: 1"= 20' SUFFIX: I, DATE: 9/ 11 /09 BASE: N/A COMMUNITY# 120650 DVVN. BY: F. Blancn JOB No 13-478