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HomeMy WebLinkAboutPZAB 09-16-15 Supporting DocumentationPZAB.1 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s): Purpose: Finding(s): Planning & Zoning: Planning, Zoning and Appeals Board: 15-009651u 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 LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538, AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439, AND 505 NORTHEAST 82ND STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon - District 5] Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP, 505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street, LLC; and 421 82nd St, LLC. This will change the land use designation for the above properties from "Medium Density Multifamily Residential" to "Restricted Commercial". Recommended denial. See companion File ID 15-00965zc. September 16, 2015 ANALYSIS FOR Future Land Use Map Change PROJECT ADDRESSES: 460, 500, 520 NE 82 Terrace, and 505, 439, 437, 433, 421 NE 82 Street FILE ID: 15-009651u APPLICANT: Ben Fernandez, Esq., on behalf of 82nd Apartments LLP COMMISSION DISTRICT: District 5 NET OFFICE: Upper Eastside LAND USE DESIGNATION: Medium Density Multi -Family Residential REQUEST The subject proposal is for a change to the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan designation from "Medium Density Multi -Family Residential" to "Restricted Commercial" of real property located at approximately 460, 500, 520 NE 82 Terrace, and 505, 439, 437, 433, 421 NE 82 Street, Miami, Florida (a complete legal description of the property 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." Areas designated as "Medium Density Multi -Family Residential" allow residential structures to have 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 service for facilities and services included in the City's adopted concurrency management requirements. 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 applicable state law; community - based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within medium density multi -family areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory 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 that have been designated by the Historical and Environmental Preservation Board and are suitable locations within medium density multi -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). Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property. DISCUSSION The subject area consists of eight parcels, approximately 2.2711± acres or 98,932± square feet. The subject area is generally bounded by NE 83rd Terrace to the north, Biscayne Boulevard to the east, NE 4th Place to the west, and NE 82"d Street to the south. The subject area consists of duplex and multi- family residential units. The subject properties are in the vicinity of Biscayne Boulevard, an arterial road. The proposal would enable the property owner(s) to redevelop the site for retail, residential and office uses under the Restricted Commercial designation. The Restricted Commercial designation would allow a maximum of 340 dwelling units on the subject site. The applicant has proposed a restrictive covenant consisting of the following: 1. The property shall be developed consistent with the design intent of the plans entitled "Wave of Shorecrest 82" Street Master Plan" dated July 15, 2015. 2. The Owners shall not increase the proposed floor area, as described in the Plan, by pursuing a "Public Benefits" bonus under Miami 21. 3. The Property shall be developed with a maximum of 232 dwelling units. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION ZONING Subject Property: Medium Density Multi -Family Residential Maximum of 65 D.U. per acre Subject Property: T5-R (Urban Center -Restricted) 15-009651u Page 2 of 4 Surroundinq Properties NORTH: Medium Density Multi -Family Residential T5-R (Urban Center -Restricted) Maximum of 65 D.U. per acre SOUTH: Restricted Commercial T6-8-O (Urban Core -Open) Maximum of 150 D.U. per acre EAST: Medium Density Multi -Family Residential T5-R (Urban Center -Restricted) Maximum of 65 D.U. per acre WEST: Medium Density Multi -Family Residential T5-R (Urban Center -Restricted) Maximum of 65 D.U. per acre ANALYSIS Criteria 1 Land Use Policy LU-1.1.3: Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations. Analysis The proposed amendment would increase density from 65 dwelling units per acre to 150 dwelling units per acre, thereby increasing the intensity of commercial use in an area mostly characterized by one-story and two-story residential dwellings. The proposed "Restricted Commercial" designation would not act as a buffer between the "Medium Density Multi -Family Residential" (65 D.U./acre) neighborhood and the "Restricted Commercial" (150 D.U./acre). Finding Staff finds the request not consistent with Policy LU-1.1.3 Criteria 2 Land Use Policies 2.2.1 and LU-2.2.2: The City will pursue the designation of significant archaeological zones under the Historic Preservation Article of the City Code; The City will continue to cooperate with the Miami -Dade County Archaeologist in monitoring building activities near archaeological sites. Analysis Two of the properties in the proposed application, 460 NE 82 Terrace and 421 NE 82 Street, are located within a moderate probability archaeological zone. Pursuant to the City's Historic Preservation section, all ground disturbing work within an Archeological Conservation Area, including this site which is designated Moderate Probability area, will require issuance of a Certificate to Dig. Such certificates are issued by the Preservation Office and require a Letter of Intent from an archeologist who will monitor this work. Among the goals of Coastal Management of the MCNP is to preserve and protect the heritage of the City of Miami through identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic, architectural and archaeological resources. Finding Staff finds the request not consistent with Policies LU-2.2.1 and 2.2.2 Criteria 3 Land Use Policy 1.1.11: Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. 15-009651u Page 3 of 4 Analysis The subject area currently contains multiple duplex and multi -family structures that directly abut with the T6-8-O transect zone, "Restricted Commercial" to the south. Rezoning the existing to commercial would create disparate pockets of commercial uses in a mostly residential area. Finding Staff finds the request not consistent with Policy LU-1.1.11 Criteria 4 Policy LU-1.6.9: The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements. Analysis Currently, the "Medium Density Multi -Family Residential" neighborhood surrounds the area and is across from the "Restricted Commercial" corridor. The proposed amendment will create an inappropriate transition between Future Land Use designations and densities. Finding Staff finds the proposed amendment not consistent with Policy LU-1.6.9 • A preliminary review of transportation circulation indicates a potential problem. The proposed change will not mitigate this concern. • The existing Miami 21 zoning designation on the subject parcels is T5-R — "Urban Center Zone", Restricted while the proposed designation is T6-8-O "Urban Core". RECOMMENDATION Based on the aforementioned findings, the Planning & Zoning Department is recommending DENIAL of this Future Land Use amendment, as presented. These findings support the position that the Future Land Use Map at the subject locations and for this neighborhood should not be changed to the proposed designation change from "Medium Density Multi - Family Residential" to "Restricted Commercial". Christopher Brimo, AICP Chief of Land Development M. Fernandez September 2, 2015 15-009651u Page 4 of 4 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal Nc 15-009651u IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 09/16/2015 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez, Esq. on behalf of 82nd Apts LP, 505 NE 82 St LLC, 520 NE 82 TERR LLC, 439 NE 82 ST LLC, and 421 82 ST, LLC Address: 460 NE 82 Terrace, 500 NE 82 Terrace, 520 NE 82 Terr, 505 NE 82 Boundary Streets: North: NE 82 Te East: Biscayne BLVD South: NE 82 St West: NE 4 PL Proposed Change: From: Medium Density Multifamily Residential To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 2.2711 acres @ 65 DU/acre 148 DU's Peak Hour Person -Trip Generation, Residential 96 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designal Restricted Commercial Residential 2.2711 acres @ 150 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips 341 DU's 181 0 sq.ft. 0 496 193 85 Planning District Upper Eastside County Wastewater Collection Zone 109 Drainage Subcatchment Basin D1 Solid Waste Collection Route 101 Transportation Corridor Name Biscayne Blvd S RECREATION AND OPEN SPACE Population Increment, Residents T, 43 Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 496 0,64 182.80 182.16 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 496 111,131 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents 496 Transmission Requirement, gpd 91,783 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change 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 496 635 800 165 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 496 85 F F OK NOTES: Permit for sanitary sewer connection must be issued by Miami -Dade Water and Sewer Authority Department (WASA) Excess capacity, if any, is currently not known. Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow 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 service for facilities and services included in the City's adopted concurrency management requirements. Restricted Commercial: Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, whichinclude: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use Impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. 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 Miami -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. 0 ■ • • • • • • FUTURE LAND USE MAP (EXISTING) J a v w z z NE'83RD LN1 NI Imo .1-mianallat..4111NE 83RD STI•o•nlG Medium•Density (4 Multifamily Residelntiall NE'82ND TER a Medium Density z Multifamily Residential NE 82ND ST NE 82ND ST TER ommercial a x wE I 150 300 600 Feet w z i i 1 i l ADDRESS: 460, 500, 520, 530, 538, 540 NE 82 TER, 505, 439, 433, 437 & 421 NE 82 ST FUTURE LAND USE MAP (PROPOSED) ,(Z1 Ifs Medium Density AL; (4 Multifamily Residelntial —NE'82ND TER Restricted w NE 82ND ST NE 82ND ST Commercial TER ommercial a x w 0 150 300 Restricted Commercial NE 81ST ST w 600 Feet NE83RD LN N IMO co w z i 1 S i l ADDRESS: 460, 500, 520, 530, 538, 540 NE 82 TER, 505, 439, 433, 437 & 421 NE 82 ST '4WN '4'W I. w. (- +' VX:104, i 04 ,a ! i, I4 _ l fir 1.1 417 3 J = ..t a 2 er Z &II■II■II■IIIIII■IIliII■II■IIUIL■ NE 83RD ST- -;NE82NDTER pi,, ,- oh iv... ,o he noraf NE8OTHST;.-` bey GeoEye, i-cub2d, Eathsitar ' 1 bus DS, 'USDA,USGS o IGN, IGP, swisstopo, and the GI, 0 150 300 600 Feet ADDRESS: 460, 500, 520, 530, 538, 540 NE 82 TER, 505, 439, 433, 437 & 421 NE 82 ST -WO BERCOVV RADELL FER NAN DEZ ZONING, LAND USE AMID ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernandezABRZoningLaw.com VIA HAND DELIVERY July 17, 2015 Ms. 01ga Zamora Planning and Zoning Department Hearing Boards Section Miami Riverside Center (MRC) 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Re: Comprehensive Plan Amendment and Rezoning for the Property Generally Located at 421 NE 8211d Street in the City of Miami, Florida This law firm represents 8211d Apartments LP; 505 NE 8211d Street LLC; 520 NE 8211d Terrace LLC; 439 NE 8211d Street LLC; and 421 82 St, LLC (the "Applicants") in relation to requests for a Miami Neighborhood Comprehensive Plan ("MNCP") amendment and rezoning of the properties located at 460 NE 82 Terrace; 500 NE 82 Terrace; 520 NE 82 Terrace; 505 NE 82 Street; 439 NE 82 Street; 433 NE 82 Street; 437 NE 82 Street; and 421 NE 82 Street in the City of Miami, Florida (collectively, the "Property"). See Exhibits A and B. The Applicant seeks a MNCP amendment of the Property from Medium Density Multi -Family Residential to Restricted Commercial as well as a rezoning of the Property from T5-R, Urban Center Zone Restricted to T6- 8-0, Urban Core Zone. Please allow this letter to serve as the required letter of intent in connection with requests for a MNCP amendment and rezoning of the Property. The Property is located west of Biscayne Boulevard, between NE 8211d Terrace and NE 82nd Street. Section 7.1.2.8(c), Miami 21 states that a rezoning of land will only be considered where the proposal involves an extension of an existing transect boundary, unless the rezoning involves at least 40,000 square feet of land area or 200 feet of street frontage on one street. The Property is approximately 98,932 square feet, or 2.2711 acres in size, and consists of 514.91 feet of street frontage on NE 8211d Street, which satisfies the rezoning criteria in Section 7.1.2.8(c), Miami 21. For the analysis pursuant to Article 7, Section 7.1.2.8(c)(2)(g) of Miami 21, please refer to Exhibit C. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Ms. Olga Zamora July 17, 2015 Page 2 We look forward to your prompt review and favorable recommendation. Should you have any questions or concerns regarding this letter, please do not hesitate to phone my direct line at (305) 377-6235. Enclosures Ben Fernandez BERCOW RADELL & FERNANDEZ ZONING. LAND USE ANC) ENVMONMENTAL LAW I, ESAL. DESCRIPTION; LO)"2.6LOCK2, SHERRY PARK ACCDRD/NGTA 17/EW.A17111,/L110PASPIir0$IA:O/NRAT (NOKSA PAGE 1$ OF 7H6PU61/0 RECORDS 010l1AM/-DALYLxCOUNYS; PG01110A. (f0L1O1,0 0102O1 4.4120) AI112 LO1'J. OLOCK2 SHERRY PAW ACCORDING TO 106 P1A7 THEREOFAS RIFCOR011' IN PIATwon' 4,7, PACE IX, OF TREPUBL/0RL1COROI 06`M/AMFOA01/C0)NIr.. 1.I0R1(24 (1°L10 NO:0IJ207.434-8/X) AND L 01'6, 61.001(2 SHERRY PARK, TO 7I/E PLAT THERRCNIA,S R660110601NPIA'T400K 97, PAGE''l7 OFA/OPULIUCNEC0R0S O0MOIMF0ADE COUNTY, F 00/04. (F'0U0NLL01.2247.034'4T841 Exhibit A 1072 LESS TNE' SOOT/aFEET INDOOR' 1, OF/kWh'OWE,ACY'0RU1NGT0/1/6/.4f111h,71110PAS REC0ROE0TNP/A rS00K42, PA01186 0F711E1'061/10600006 OF 1,11711,170A0& C.012YTY, FL0R1A't 11/0 LOT 2. GEES THE swirl( 4FEETINBLOCK L OFNNE 00416 ACO0001N0 TO'7/16P1AT 771PREOPAS RECOROEENPIATsoon' 42 (AOEOL 0F'111EP1171L/C1(ECORO6 OFIIIAAU.DADE000N7Y, F1.ORlDA, (/241/LT NO.01WF2UF02540101 AAD LOr 4, LESS 016 SOUTH 6 FEE7I1,1/L06K 1. OFNUE00,116,, ACCORDING TO 1Nf, PLAT 121E86O/-AS 8010R0E06YPLAT6001(42, PAGE 41 OF77/E/'UBUDNEC0170$ OPI1/AMTWILIE COUNTY, FLORIN, (FLM/0 NOA10201-029'0O801 N10 1071k LESS WE S01)7115fF.f r/N610C2(1, OF12L0111041F ACOORO/N010 THEPI,4 rTNFREO/"A$ RECORDED INP[Arf00K 42. 1'0E f4, OF/7/EPUSL/ORE40ROS01'1,101460A0ECoUNIY, FLORIDA. (POLIO N0.0(0207•U2388S01 AND L0114DIN Il1t SCUM 4/r11 rIN BLOCK L OFSLUEDOME, A000RO/NO TO 111E PLAT /HEREOFAS 11E60110E12 IN PLAT ROOK 42, PAW O1. OF 11/EPUBLI0RECORDS' OFML9,11/OADE COUNTY, FL0R10A. (F0L/0 NO.01420702.l0060) NVO 1.0787 70 4 INCLUSIVE, LESS 82 6r77EEf0101170T IYA0&LOCK 1, OFSLUE DO,d1E. ACCORDING 70 THE PLAT rNERt0FASAEC0R4ELl1//PLATCOOK 42 PAGE 0P 71/6PUNICRECORDY OPM1A/Al,0A0E C01.11172 FL0R10A, 1F0L10 1V0.01,1207.0230701 BERCOW RADELL & FERNAN DEZ ZONI NQ, LAND USE AN ID ENVIRONMENTAL LAW Exhibit B 421 NE 8211d Street Analysis Pursuant to Article 7, Section 7.1.2.8(c)(2)(g) of Miami 21 The properties to the north of the Property are zoned T5-R. The properties to the east are zoned T6-8-O and T3-R. The properties to the south of the Property are zoned T3-L, T4-R, T5-R, CS, T6-8-O, and D1 and D2. The properties to the west are zoned T3- L, T4-R, CS T5-R and T6-8-O. The future land use designation for the properties to the north of the Property is Medium Density Multi -Family Residential. To the east of the Property, the properties' future land use is designated as Restricted Commissioner, Medium Density Multi - Family Residential and Single Family Residential. The future land use designation for the properties to the south are Restricted Commercial, Medium Density Multi -Family Residential, Recreation, and Duplex Residential, Light Industrial and Industrial. To the west of the Property, the properties' future land use is designated as Medium Density Multi -Family Residential, Low Density Restricted Commercial, Recreation, Single Family Residential, Restricted Commercial, Medium Density Restricted Commercial and General Commercial, The radius area has become increasing commercial in nature over the last several years due to the US-1/ Biscayne Boulevard corridor. The area has shifted towards more commercial uses in the recent years due to its proximity to the major roadway. The proposed application would allow the Property to be developed as a mixed - use development, including residential, office and commercial uses. The proposed uses are consistent with the surrounding area in that the proposed project will serve the residential needs of the community, while providing office and community -based commercial uses similar to those that have prospered in the area. Enclosed please find photographs of the properties within a 300 foot radius of the application site. BERCOW RADELL & F RNANDEZ ZONINQ, LANIJ USE ANO ENVIRONMENTAL LAW Exhibit C Comprehensive Plan Amendment and Rezoning for the Property Generally Located at 421 NE 82nd Street in the City of Miami, Florida Analysis pursuant to article 7.1.28(c)(2)(g) of Miami 21: The subject property is presently designated Medium Density Multi -Family Residential and zoned T5-R in recognition of the variety of low rise multi -family buildings that are now approaching more than 50 years in age. Most of these buildings are non -conforming structures that do not comply with today's Florida Building Code standards or the applicable Miami 21 transect regulations. The vast majority of land abutting and adjacent to the property on the east and the south, within 300 feet are designated for Residential Commercial development and zoned T6-8 which is consistent with the Applicant's requested Comprehensive Neighborhood Plan amendment and transect zone change. Accordingly, the requested amendments are compatible with the immediately surrounding area. It is also significant to note that the property fronts directly on NE 821,a Street which is a functional half -section line roadway in the area providing the principal vehicular connection for all traffic moving from the 79th Street Causeway to the I- 95 Interstate Highway to the west. The current land use and zoning transect for the property is inconsistent with the land use and zoning pattern on the south side of NE 82nd Street. This condition will result in inconsistent pattern of development along the roadway. Therefore, it is appropriate for this important vehicular and pedestrian corridor to be developed with a consistent transect on both the north and the south sides of the street. The proposed application would allow the property to be developed in accordance with the proposed plan prepared by Dean Lewis Architects entitled "The Wave of Shorecrest". The proposed plan will result in a mixed use development on the property that is compatible with the surrounding land uses, particularly the large 79th Street Shopping Center to the south, and the pattern of development along major corridors in this area. The project will also provide a more appropriate transition to the area to the north of the Property from the 79th Street Shopping Center that exists today. Enclosed our photographs of properties within a 300 foot radius of the application site. BERCOW RADELL & FERNANDEZ ZONING, LANE. USE AMID ENVIRONMENTAL LAW COMPREHENSIVE PLAN APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor e Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (81, x11") or other materials submitted during this process will be kept as part of the record, Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Co mission resolutions and ordinances can be obtained at our website through the " islatjvve li b nl lr certified copies, contact the City Clerk's Office at 305-250-5360. LIB 1 N 8V 3O IfNV..l OaAllaM ki 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 82nd Apartments LP; 505 NE 82nd Street LLC; 520 NE 82nd Terrace LLC; 439 NE 82nd Street LLC; and 421 82 St, LLC 2. Subject property address(es) and folio number(s): 460 NE 82 Terrace, 01-3207-054-0120; 500 NE 82 Terrace, 01-3207-054-0130; 520 NE 82 Terrace, 01-3207-054-0150; 505 NE 82 Street, 01- 3207-023-0020; 439 NE 82 Street, 01-3207-023-0040; 433 NE 82 Street, 01-3207-023-0050; 437 NE 82 Street, 01-3207-023-0060; and 421 NE 82 Street, 01-3207-023-0070 3. Present designation(s): Medium Density Multi -Family Residential 4. Future designation(s): 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) 8�/zx11 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. Rev. 07-2013 2 COMPREHENSIVE PLAN APPLICATION 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 19. What is the acreage of the project/property site? ± 98,932 square feet, or ± 2.2711 acres 20. What is the purpose of this application/nature of proposed use? A mixed use development including retail, residential and office uses 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. 460 NE 82 Terrace and 421 NE 82 Street are partially within a Moderate Probability archeological zone 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. No 24. What would be the anticipated duration of the presentation in front of the: Planning, Zoning and Appeals Board 20 minutes and/or ❑ City Commission 20 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 $ 5,000.00 b. Advertising $ 1,500.00 c. School Concurrency Processing $ 150.00 d. Mail notice fee per notice $ 4.50 e. Meeting package mailing fee per package $ 6.00 *Fees over $Z5,00?.00, shag` b. •aid in the form of a certified check, cashier's check, or money order. Signature Name Ben Fernandez, Esq. Telephone (305) 377-6235 Address 200 S. Biscayne Blvd,, Suite 850 Miami, Florida 33131 E-mail bfernandez@brzoninglaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE , I The foregoing was acknowledged before me this nday of lI 2015, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporati n of Bercow Radell & Fernandez, PLLC a(n) individual/partnership/corporation. He/She is nrOnaII v known to me or who has produced as identification and who did (di (Stamp) � BETTY LLERENA g Notary Public - State of Florida My Comm. Expires Mar 5, 2018 fo ;� Commission # FF 078662 �nnn�t� Signat ot) take an oath. Rev. 07-2013 3 82nd Apartments LP 8171 Yonge St #185 Thornhill, ON L3T 2C6 Phone: (905) 326-4337 Fax: (905) 326-4339 LIMITED POWER OF ATTORNEY I, Gul Jacobi, as Owner of 82nd Apartments LP, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 82nd Apartments LP before the City of Miami, :Florida in connection with the Request for Rezoning of the following properties located on/at: 433 NE 82nd Street; 437 NE 82nd Street; 500 NE 82nd Terrace; 460 NE 82nd Terrace; and identified by the following Miami -Dade County Tax Folio Numbers: 01-3207-023-0050; 01-3207-023-0060; 01-3207-054-0130; and 01-3207-054-0120. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] Signed, witnessed, executed and acknowledged on this Si day of , 2015. Witness Signature /enP It1':7 Prin Wi rf ss Signature Anne Le U j Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 82ND APARTM TS , a Florida limited par By: Gul Jaco ®i, O M ner 82nd Apartmei is LP Address: 8171 Yonge Street, #185 Thornhill ON L3T2C6 Canada The foregoing instrument was acknowledged before me by Gul Jacobi, Owner of 82nd Apartments LP, who is personally known to me or has produced Pridtr lit UM St -as identification. Witness my signature and official seal this day of , 2015, in the County and State aforesaid. Notary Pu a is State of Florida My Commission Expires: BETTY LLERENA � t Notary Public - State of Florida NA 'a My Comm. Expires Mar 5.2018 biutt ', Commission # FF 078662 v�� 421 82 STREET, LLC C/O SHULAMIT STOCK 9033 GARLAND AVENUE SURFSIDE, FLORIDA 33154 LIMITED POWER OF ATTORNEY I, Shulamit Stock, as Owner of 421 82 St, LLC, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 421 82 St, LLC before the City of Miami, Florida in connection with the Request for Rezoning of the following properties located on/at 421 NE 82nd Street and identified by Miami -Dade County Tax Folio Number 01-3207-023-0070. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] Signed, witnessed, executed and acknowledged on this / c day of , 2015. Witness Signature Fie D e , Print Name Witness Signature ,'l(,G I€U413 Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 42182 ST, LLC, a Florida limited liability company By(", Shulamit Stock, Owiier 421 82 St, LLC Address: 9033 Garland Avenue Surfside, FL 33154 The foregoing instrument was acknowledged before me by Shulamit Stock, Owner of 421 82 St, LLC, who is personally known to me or has produced ( etet V,,as identification. Witness my signature and official seal this I I day of and State aforesaid. My Commission Expires: %lI����u gETiY LIERENA ��•,'�r y Notary Public - State of Florida • •' My Comm. Expires Mar 5, 2018 %;.� o ►'f •'� Commission FF 078662 2015, in the County No . ry Puba State of Florida 4 'Aro .ig r� r• FA:1) q (evvPrint Nae 520 NE 82nd Terrace LLC 770 NE 82nd Terrace, Miami, FL 33138 LIMITED POWER OF ATTORNEY I, Harvey Cohen, as Owner of 520 NE 82nd Terrace LLC, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 520 NE 82nd Terrace LLC before the City of Miami, Florida in connection with the Request for Rezoning of the following properties located on/at 520 NE 82nd Terrace and identified by Miami -Dade County Tax Folio Number 01-3207-054-0150. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] Signed, witnessed, executed and acknowledged on this 1 7 day of 2015. Witness Signature .4/ G1h Wi'ess Signature onrle L 'U Y)G Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 520 NE 82nd TERRACE LLC, a Florida limited liabty company By: rvey Cohen, Owner 520 NE 82nd Terrace LLC Address: 770 NE 82nd Terrace Miami, FL 33138 The foregoing instrument was acknowledged before me by Harvey Cohen, Owner of 520 NE 82nd Terrace LLC, who is personally known to me or has produced Pf\'e ( CA CA/Vico identification. Witness my signature and official seal this l day of \ State aforesaid. My Commission Expires: 1pY PUe,,e4 BETTY L.ERENA ;• ` ; : = Notary Public • State of Florida • i • rz My Comm. Expires Mar 5, 2018 �Nr 4.-- � Commission # FF 078662 2015, in the County and Notar P . l State of Florida M( L(C M1 Print Name 439 NE 82nd Street LLC 770 NE 82nd Terrace, Miami, FL 33138 LIMITED POWER OF ATTORNEY I, Harvey Cohen, as Owner of 439 NE 82nd St LLC, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 439 NE 82nd St LLC before the City of Miami, Florida in connection with the Request for Rezoning of the following properties located on/ at 439 NE 82nd Street and identified by Miami -Dade County Tax Folio Number 01-3207-023-0040. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] Signed, witnessed, executed and acknowledged on this 14 day of ,2015. Witness Signature 'den itar7j Pr' Name ess Signature ccnv►e L.eu ll Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 439 NE 82nd ST LLC, a Florida limited liability company By: Harvey Cohen, Owner 439 NE 82nd St LLC Address: 770 NE 82nd Terrace Miami, FL 33138 The foregoing instrument was acknowledged before me by Harvey Cohen, Owner of 439 NE 82nd St LLC, who is personally known to me or has produced PIi�11� V t,i ('•41 Sod as identification. Witness my signature and official seal this 1 day ofTit State aforesaid. My Commission Expires: p1�,gVvu��n • BETTY LLERENA Notary Public e State o1 Florida oho My Comm. Expires Mar 5, 2018 Commission # FF 078662 , 2015, in the County and Notar P is State of Florida PA -rot L(€ii e) Print Name 505 NE 82nd Street LLC 770 NE 82nd Terrace, Miami, FL 33138 LIMITED POWER OF ATTORNEY I, Harvey Cohen, as Owner of 505 NE 8211d St LLC, do by these presents hereby make, constitute and appoint BEN FERNANDEZ, ESQ. AND/OR BERCOW RADELL & FERNANDEZ, PLLC, of the County of Miami -Dade and the State of Florida, to represent the interests of 505 NE 82nd St LLC before the City of Miami, Florida in connection with the Request for Rezoning of the following properties located on/at 505 NE 8211d Street and identified by Miami -Dade County Tax Folio Number 01-3207-023-0020. Granting and giving unto said Attorney -in -Fact, full authority and power to do and perform any and all acts necessary or incident to the performance and execution of the powers herein above expressly granted, with power to do and perform all acts authorized hereby, as fully to all intents and purposes as grantor might or could do if personally present, with full power of substitution. [Execution Page to Follow] Signed, witnessed, executed and acknowledged on this day of 6 ,2015. Witness Signature #0°470 Ceerj Pri . Name Wess Signature oo,11 e �G�h✓ Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 505 NE 82nd ST LLC, a Florida limited liability company By: Harvey Cohen, Owner 505 NE 82nd St LLC Address: 770 NE 82nd Terrace Miami, FL 33138 The foregoing instrument was acknowledged before me by Harvey 82nd St LLC, who is personally known to me or has produced identification. Witness my signaturet- t and official seal this day of State aforesaid. My Commission Expires: Jsos Y,P,B,,, BETTY LLERENA P ,� Notary Public • State of Florida ac My Comm. Expires Mar 6, 2018 Commission # FF 078662 Cohen, Owner of 505 NE riyr tf UCIVIS.# as 2015, in the County and Notary Public State of Florida 411 UJ / Print Naiife 1' f-6(er'1CQ COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq. who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, Vi 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. Ben Fernandez, Esq. Applicant(s) Name Ap•' icant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this Cl day of J' 2015, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, PLLC a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and wh• •"d-(o'd ot) take an oath. (Stamp) BETTY LLERENA Notary Public State of Florida My Comm. Expires Mar 5, 2018 Commission # FF 078662 Rev, 07-2013 4 (Stamp) BETTY LLERENA • Notary Public • State of Florida My Comm. Expires Mar 5, 2018 Commission # FF 076662 11 LAN APPLICATION DISC OSU E OF OWNER HIP 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. Owners Name(es) 82nd Apartments LP Percentage of Ownership 82n6 A artments LP 100% Gul Jacobi (37,5%) Maya Jacobi (37.5%) Morris Sabo (25,0%) Subject Property Address(es) 460 NE 82 Terrace, 500 NE 82 Terrace; 433 NE 82 Street, and 437 NE 82 Street 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 Gul Jacobi, 82'd Apartments LP Owner(s) or Attorney Name STATE OF FLORIDA — COUNTY OF MIAMI-DADE The forego'm was knowledged before me this 1 day of lilt/ 2015, by e- who is a(n) Individual/part et/agent/corporation i a(n) individual/partnership/corporation, He/She is personally known to me or who has produced 06„if-V (.1Celite,„ as identifica n 1 ho did (did not) take an oath, / 1 4 eti ti k . l' Pi Legal Description(s): N/A Rev, 07-20 13 5 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) 421 82 St, LLC MOON Shularnit Stock (100%) 421 NE 82 Street 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 ,Shulamit Stock 421 8? ?,LLLC Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE N A Legal Description(s): g--) $1-LC Owner(s) o rney ''ignature The foregoing was acknow ed ed before me this day of _ 2015, by " who is a(n) indivfaual/p'a nor/agent/corporation a(n) individual/partnership/corporation. He/She is personally known to me or who has produced V01 (A; rencex as identificatiwho did (did not) take an oath. (Stamp) '.9 BETTY LLERENA Y'°: i? * Notary Public - State of Florida A I I4 My Comm. Expires Mar 5, 2018 ............ Commission # FF 078662 Rev, 07-2013 8 SWE P LAN 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 theft address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Percentage of Ownership Subject Property Address(es) 520 NE 82nd Terrace LLC 520 NE 82nd Terrace LLC (100%) Harvey Cohen (100%1 520 NE 82nd Terrace 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): 521 NE 82nd Terrace 538 NE 82nd Terrace 530 NE 82nd Street 439 NE 82nd Street 505 NE 82nd Terrace Harvey Cohen, 520 NE 82nd Terrace LLC Owner(s) or Attorney Name Legal Descrip ion(s): Sherry Park PB 63-12, Lot 7 & Block West Shore Crest PB 10-67 Lot 12 & WY2 Lot 11, Block 2 Blue Dome PB 42-64 Lots 20 & 21 BIk 3 Less ST RAN Prop hit In Comm Elements Blue Dome Bik 1 Lot 4 Less S5FT 82nd St RAN and Prop Int In & To Common Elements Not Dedicated to Public Blue Dome PB 42-64 Lots 2 & 3 Less SSFT Bik 1 For St and Prop Int In & To Common Ow er(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAIVII-DADE The foregoingt was k owledged before me this 1 day of 2015, by i-yar _Loh ey-) who is a(n) individual/pa nertagenticorporation a(n) individuallpartnership/corporation, He/She is personally known to me orwho has produced €• Ar Li 4411/1scs identification • o did (did not) take an oath, . ,i, (Stamp) BETTY LLERENA Notary Public - State of Florida My Comm. Expires Mar 5, 2018 Commission # FF 078662 Rev. 07-2013 16 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) 439 NE 82nd Street Lt.c Percentage of Ownership Subject Property Address(es) 439 NE 82" Street LLC (100%) Harvey Cohen (100%) 439 NE 82nd Street 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): 521 NE 82" Terrace 538 NE 82nd Terrace 530 NE 82nd Street 505 NE 82nd Terrace 520 NE 82nd Terrace 'Harvey Cohen, 4:39 NE 82Street LLC Owner(s) or Attorney Name Legal Description(s): Sherry Park PB 63-12, Lot 7 & Block 1 West Shore Crest PB 10-67, Lot 12 & W1/2 Lot 11, Block 2 Blue Dome PB 42-64 Lots 20 & 21 Blk 3 Less ST RAN Prop Int In Comm Elements Blue Dome PB 42-64 Lots 2 & 3 Less S5FT Blk 1 For St and Prop Int In & To Common Sherry Park PB 63-12 Lot 5 Blk 2 Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAW-DADE The foregoing was acknowled ed before me this 14 day of 2015, by who is a(n) individual/pa erfagent/corporation a(n) individual/partnership/corporation. He/She is personally known to me or who has produced Doxier_LIC-evkleas identific ho did (did not) take an oath. trill'''. A, , (Stamp) AP V P 00, BETTY Lt.ERENA = Notary Public - State of Florida I My Comm, Expires Mar 5, 2018 ''4•41A0 Commission # FF 078662 Rev, 07-2013 9 (Stamp) BETTY LLERENA Notary Public - State of Florida My Comm. Expires Mar 5, 2018 Commission # FF 078662 COMPREH EN SR/E HLAN 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) 505 NE 82" Street LLC 505 NE 82nd Street LLC (100%) Harvey Cohen1100%) 505 NE 82nd Street 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 fists, if necessary. Street Address(es): 521 NE 82 Terrace 538 NE 82nd Terrace 530 NE 82nd Street 439 NE 82nd Stre 520 NE 82" Terrace Harvey Cohen, 505 NE 82nd Street LLC Owner(s) or Attorney Name Legal Description(s): Sherry Park PB 63-12 Lot 7 & Block 1 West Shore Crest PB 10-67 Lot 12 &1N1/2 Lot 11, Block 2 Blue Dome PB 42-64 Lots 20 & 21 Blk 3 Less ST R/W Prop Int In Comm Elements Blue Dome Blk 1 Lot 4 Less SSFT 82nd St R/W and Prop Int In & To Common Elements Not Dedicated to Public Sherry Park PB 63-12 Lot 5 Blk 2 Ow er(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAM -DADE The foregoing was acknowledged before me this I+ day of 2015, by VA:Mieft,,jwho is a(n) individual pa lagent/corporation a(n) individual/partnership/corporation. He/She is personally known to me or who has produced Vey"- LAC-4(14(2as identification and who did (did not) take an oath, teni 4.; Rev. 07-2013 5 City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public I Searing Application Sub.Type Land Use Application Name * Ben Fon andez, Esq. on behalf of 82r4 Apai totem, LP, et al. Application Phone * 305-377-6235 Application* Email BFernandez@BRZoningLavYenin Application Address * 460, 500, 520 1411 82 Tvrraco, 505, 459,433, 437, 421 NE 82 Street Contact Fields Information Contact Name * Ben Fernando% Contact Phone * 305-377-6235 * Contact Email BFernandez©BRZoningLaw.cont Local Govt. Name City of Miami Local Govt. Phone 305-416.1400 Local Govt. Email UDorDlilla.11)jkinilirs. Local Oovt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3207-054-0120 Additional Folio Number , -tre, 01-niyrr-OGis(); Di...,,ert-i(2s-utosa-rol- ze 0397-623-01)50, 011.(}21 OW, 41-407-PAI.60,0 Total Acreage * dr 2.2711 acres Proposed Land Use/Zoning * Restricted Commercial Single -Family Detached Units * Single.Family Attached Units (Duplex) * Multi -Family Units * 232 Total # of Units * 232 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 la the net difference between the existing vested number of units and the newly proposed number of units. Example: en existmg 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 0A43 (net difference between the 20 units vested less the newly proposed 4 units) Required Fields for Application * Ben Fernandez Owner(s)/Attorney/Applicant Name STKIE OF FLORIDA COUNTY OF MfAMI-DADEt The foregoing was acknowledged before me this 20 yBen Fernandez who Is l(n) Individual/partner/agent/corporation of Bercow Radell & Fernandez, PLLC ,(n) individual/partnership/corporntion. lie/She is personally known to me 5) who h .ed as identification and who did (did not) take an oath, Owner(s)/Attorney/Appi leant Signature NotifyMosodc • Slate di Florida dIpmcmfgxplprg•,Mr 8,1018 My corriiiiiiii*A • 0786A • . • 4.4 . c„„1 ../V A day of t,,Ailutyrtt — State of Florida Department of State I certify from the records of this office that 439 NE 82ND ST LLC is a limited liability company organized under the laws of the State of Florida, filed on October 14, 2014. The document number of this limited liability company is L14000160075. I further certify that said limited liability company has paid all fees due this office through December 31, 2014 and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 V•e% (),#•k Secretary of State Tracking Number: CU8414557382 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz. org/Filings/Certificateofstatu s/CertificateAuth entication State of Florida Department of State I certify from the records of this office that 520 NE 82ND TERRACE LLC is a limited liability company organized under the laws of the State of Florida, filed on February 18, 2013. The document number of this limited liability company is L13000024886. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on April 25, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 la% atiJA Secretary of State Tracking Number: CU8249841032 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https: //services.su nb iz. o rg/Filings/CertificateOfstatu s/CertificateAuthentication State of Florida Department of State I certify from the records of this office that 505 NE 82ND STREET LLC is a limited liability company organized under the laws of the State of Florida, filed on January 27, 2014. The document number of this limited liability company is L 14000013 877. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on April 25, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 VRAN WreA Secretary of State Tracking Number: CU4629920073 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https: //services.sunb iz. org/Filings/CertificateOfstatus/CertificateAuthentication State of Florida Department of State I certify from the records of this office that 421 82 ST, LLC is a limited liability company organized under the laws of the State of Florida, filed on April 9, 2014. The document number of this limited liability company is L 14000058122. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on April 21, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 icy` atr..0". Secretary of State Tracking Number: CU2947351448 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://s ervices.sunbiz. o rg/Filings/CertificateOfStatus/CertificateAuthentication State of Florida Department of State I certify from the records of this office that 82ND APARTMENTS LP is a limited partnership organized under the laws of the State of Florida, filed on October 14, 2014, effective October 14, 2014. The document number of this limited partnership is A14000000546. I further certify that said limited partnership has paid all fees due this office through December 31, 2015 and that its status is active. I further certify that said limited partnership has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 VRAA. 0*. Secretary of State Tracking Number: CU0682455321 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz. o rg/Filings/Certificateofstatus/CertificateAuth entication State of Florida Department of State I certify from the records of this office that 82ND APARTMENTS LP is a limited partnership organized under the laws of the State of Florida, filed on October 14, 2014, effective October 14, 2014. The document number of this limited partnership is A14000000546. I further certify that said limited partnership has paid all fees due this office through December 31, 2015 and that its status is active. I further certify that said limited partnership has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 VRAN 04JA Secretary of State Tracking Number: CU0682455321 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.s un b iz. o rg/Filings/CertificateOfstatu s/CertificateAuth entication PreMed, by. and eat:onto ft:q.Straia$$, i.1170Nit tLAve. orth MtotRodl, FL 3a-1.62 20$.4.407111, Eie Number 134!0 WIJI Calt.NO CFN: 20140768088 BOOK 29379 PAGE 4548 DATE:11/06/2014 08:58:22 AM DEED DOC 15,600.00 SURTAX 11,700.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY iovt Thjs Lino :Voy R.otley.rdihg,1)4t.a.1 Warranty Deed This WarrantyDed toadO.'ditajO day 4.0.000f; :0:14 bOtv,.,Con Low 'T.,„ Woe*whose:• peg offie ad.dres.is 009 NW.1:61! ogoo, eNoroo Piae, fL3.ms.s. 0.40o;: *14 :$2NO 400000.:0 LP; a noriaa Limitd PArtneeship Who post office iati*es$is 29:9:N.14 191 Wept. 440 2; Movitupa, VL.$")180 :outek,4' (Wkiemoc usd herein the term "gnAlgo" ;JO '`.grilFitea" tnpli* all psrttes ip this 1ntrumet and Ow hers, cgar,prottativo,. and assigns ef and.pssigm 9f epAppi4t,ipm. trut 414 0.i.ste,0 ,Vitilegstth,. that saict grantor, for and in.eona:ideratioa of the urn ANI)-scro(y DOLLARS..($1(00), .40 Oth,er, ood and consideratkn to •said grantorin hand paidby sald.groivc, te eceipt whereof J!$.bgr4Y:y.'aAtoy,i.fo(oti:, has granted, :hargained, and .sold to the s.atdLA1,4000;..04 grog's .1:10.s and assigns forever; the following dotibod land, situnte),:lYing and being i11 M4knii4)40.. CPO*, .V10:00 •-.0i;•21: Mod2, OIEROY ?ARK, 00.0441g to til•!6. Plat 6110e.et as recorded in P.iat: Beek 6$; rage '12•, of Pulalkitetord$:of Mont-Dad0.0oulty, florid* Parcel N-94:0)06•. :01,43(114$44/1;;70 and. Lot. :V419e.k 4,•,$g(krki PASig:$ 0:Pear:014I-1,10 !Plat tot Ot Ord:PO lO Pagells of,' tire Palk tieeor•d*Of giat*Dade: FlOrTida, 'Pared Identifteafion Nuber 0.1.$2414/.540:0:0. • an4 Lot.‘. toss the Soth 5 feet of Moat, f)()Tyir, $11139tymoN, aegording: to the Plat thereof, IN re.eorded Plat 42 Page 64, of the ettbtto }e.cor1 V NfialnirDado COUtrgy, Thrida, two'Id nI atioi .N.ureb.en 01..M1)7-073,0000 and Lot 5„ leNa aouth 5:: feet* BlocR WOE DOME SUBDIVISION, according: to the Plat thereof; aa recorded la PIO 1304 42, Pow :044. of the bile 'Wear& of Miand-Dade: County, Florida.. Pare:et ttleptifteation Number 01,3:207-023-0450 TogOttotf all t.1‘*'(e)Ofilei11:, bereattaments thereto belonging or in aoywise appertaining, DeohleTimee. CFN: 20140768088 BOOK 29379 PAGE 4549 T.0020/: aid Had, the.same in. fee simple forever, Aitkd .thQ gp'40{-,0r. booby Vtnints. Wtth said: grantee: that: the. wavh-yr is 1a:wittily seized of said land in..fee: that the groim h goa i4t nd 4.o.NTo Eothq1 ity.10. apki convoy said lant that. te grantorberthy. fully warrahts the title in said: land .11..id w1l defect th sumo ,against the. laWilt1 claim .of all: persons. whomsoever; and that. said and is. free of alt On:ournbriih(O$-,, pc,cop't, tpt.es: acerui rm, subsequent to :Member 314013.. 1.Witgess Whotu.A: groutor 1;10, twoomo granittitlatid. 8.e81. the. day and yl',81, fitst above: writton. i.ii:.010,&. S:ta.leil41,0 d:09.pM1' in our proorick..,,..f i ( /ek1,i 's, ; 4 Witneo-kfifine:N':-4 .>v.., :'",•"',‘ :4•V .e .?e,! .? \•.,,, .31.! , 1:4U,..:' ;lt • A AS', ., W It:MI, Nv rrid: State:of County' o.r.N,Tiiiin..p.ade. ,,,,,,,, , • ' ./eor''' • • : • ' • ' ' (Seal) The fOMP.Allg ihstmnient was acknowledged hefore irte WA day or: 0$44,ber, 2014- by Leon T. Mondosit, who fis personally knOWnor[ 1 has produced a :driver's: licensers identifiCalicAL es, [NO:ay S'eal] Not03 Priited aine RAY•6TRAI)% cpmk.0$10N:A 0114744 g'Or6 My Qouirais.gOu Expire5:. IFononty.Deeei P4e.,2 bO.UbtfiTirrm. Prepared by and return to: Vanessa M. Bertran, Esq. VANESSA M. BERTRAN, P.A. 250 Catalonia Avenue Suite 304 Coral Gables, FL 33134 305-445-9660 File Number: 14-22 Will Call No.: Parcel Identification No. 01-3207-023-0120 [Space Above This Line For Recording Data] Warranty Deed 111111111111111111111111111111111111111111111 1MP4 20 i 4RO 2.a004 2 OR Ok 29105 E'ss 0389 - 391"r (3r+9s) RECORDED 04/10/2014 15 : 48:21 DEED DOC TAX 5/280,00 SURTAX 3/960.00 HARVEY RUVINr CLERK OF COURT I1IAMI-DADE COUNTY/ FLORIDA (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 8th day of April, 2014 between THOMAS J. BRENNAN, a married man, JOSEPH P. BRENNAN, a single man and ANDREW GLATSTEIN, as President of VICTORIA APARTMENTS, INC., a Florida corporation whose post office address is 225 Aragon Avenue, Coral Gables, FL 33134 of the County of Miami -Dade, State of Florida, grantor*, and 505 NE 82nd Street LLC, a Florida limited liability company whose post office address is 770 N.E. 82nd Terrace, Miami, FL 33138 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lot 2, less the South 5 feet, in Block 1, of BLUE DOME, according to the Plat thereof, as recorded in Plat Book 42, at Page 64, of the Public Records of Miami -Dade County, Florida. and Lot 3, less the South 5 feet, in Block 1, of BLUE DOME, according to the Plat thereof, as recorded in Plat Book 42, at Page 64, of the Public Records of Miami -Dade County, Florida Subject to taxes for 2014 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Grantor, THOMAS J. BRENNAN, warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 5961 S.W. 85th Street, South Miami, Florida 33143 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 toDecember 31, 2013. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime® 3 Book29105/Page389 CFN#20140260042 Page 1 of 3 Signed, sealed and delivered in our presence: Witne •'Nam State of Florida County of Miami -Dade SEPH P. BRENNAN VICT, By: (Seal) Florida corporation ANDREW GLATSTEIN, President (Corporate Seal) The foregoing instrument was acknowledged before me this 8th day of April, 2014 by THOMAS J. BRENNAN, a married man, JOSEPH P. BRENNAN, a single man and ANDREW GLATSTEIN as President of VICTORIA APARTMENTS, INC., a Florida corporation, who u is personally known or [X] has�proc ce�a'dr er's lice ry as identification. [Notary Seal] Notary Pub Printed Name: My Commission Expires: Warranty Deed (Statutory Form) - Page 2 ' tr. jt 1+ Trio,.. MY OMMMIISSION # EA M. BERMAN66 ' °r1 EXPIRES: May 29, 2015 „A Banded Tluu Notary Public Underwriters DoubleTime® Book291O5/Page390 CFN#20140260042 Page 2 of 3 OR J K. 29105 PG u.:Il 9:1, LAST PAGE State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 8th day of April, 2014 by THOMAS J. BRENNAN, a married man, JOSEPH P, BRENNAN, a single man and ANDREW GLATSTEIN, as President of VICTORIA APARTMENTS, INC., a Florida corporation of , on behalf of the corporation. He/she [.,_] is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] Notary Pu , is Printed Name: My Commission Expires: r ,"" •• VANESSA M. BERTRAN ±? °,;; MY COMMISSION # EE 066166 EXPIRES: May 29, 2015 "4,Rp ,$• Bonded Thru Notary Public Unde Warranty Deed (Statutory Form) - Page 3 DoubleTime® Book29105/Page391 CFN#20140260042 Page 3 of 3 This instrument was prepared by: RICRARD I. EROOP, ESQ S00 West Avenue, Suite C-1 Miami Beach, FL 33139 'Folio No.: 01-3207-054-0186 QUIT -CLAIM DEED CFN: 20140877513 BOOK 29440 PAGE 4111 DATE:12/23/2014 11:53:39 AM DEED DOC 2,100.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY THIS INDENTURE Made this /�, J BETWEEN of �" �'f A.D. 2014 RAPOt3I INVESTMENTS INC, A FLORIDA CORPORATION 530 N.E. 82ND TERRACE. MIAMI FIB 33138 party of the first part, and Grantor ARTFUL EXPRESSION, LLC, a Florida limited liability company 530 N. E . 82`�' TER[�i6OE MXAMT FL 33138 Grantee party of the second part, WITNESSETii, that the said party of the first part, for and in consideration of the sun of TEN AND 00/00----...., 010.00) Dollars, in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and quitclaimed, and by thane presents does remise, release and quitclaim unto the said party of the seoond part all the right, title, Interest, claim and demand which the said party of the first part hair in and to the following described lot, ,piece or parcel of land, situate ling and being in the County of MIAMI-.DARE, State of Florida to -wit: Lot 6, Block 2, SHERRY PARK, according to the Plat thereof, recorded in Plat Book 63 at Page 12 of the Public Records of Miami -Dade County, Florida There is no consideration being paid as this is A transfer This Deed was prepared without the benefit of title examination. TO HAVE AND TO HOLD the appurtenances thereunto belonging estate, right, title, interest and first part, either in law or equity, of the said parties of the second par IN WITNESS WHEREOF, the said their hand and seal the .;grand year same, together with all and eingniax the or in anywise appertaining, and all the claim whatsoever of the said party of the to the only proper use, benefit and behoof t. party of the first part has hereunto sot first above written. Sign,. Sealed an ,elivered in Our Presence: RAPONI INVESTMENTS INC. by Maurizio Ra STATE OP FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take aoknowledgmenta, [r111C] 10 Raponi , President of Raponi Investments Inc. personally known to me an who has/have produced au identification, of Sri AINEf3S my hand 20 Q official aeal in ty f;r My eocnmisaion expires: v aye 14otarY Public State at,l:loride 6,'� ` Ro ooe Bea WOW W. Commisa'son Ee022511 40 oa' Expires 1211812014 Notary }� e of Florida this ,J dsy 111111111111111111111111111111111111111111111 Prepared by and return to: Eric van der Vllagt, Esq. Vice President Clear Title Services, Inc. 1111 Kane Concourse Suite 209 Bay Harbor Islands, FL 33154 305-865-5718 File Number: 12-0470 Cohen Will Ca11 No.: CEN 2019R0729378 OR Bk 28311 F'su 2971 - 29721 (2pss} RECORDED 10/12/2012 1$:48a27 DEED DOC TAX 0.60 HARVEY RUUINM CLERK OF COURT NIAMI-DADE COUNTY, FLORIDA Parcel Identification No. 01-3207-015-0200 [Space Above This Line For Recording Data] Corrective Warranty Deed (STATUTORY FORM - SECTION 689.02, F:S.) This Indenture made this loth day of September, 2012 between Dru Melville and Joan Brooks, his wife whose post office address is 1438 Monroe Street, Hollywood, FL 33020 of the County of Broward, State of Florida, grantor*, and 538 NE 82nd Terrace LLC, a Florida limited liability company whose post office address is 650 WEST AVENUE, #2511, Miami Beach, FL 33139 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: The West 1/2 of Lot 11, and all of Lot 12 in Block 2 of West Shore Crest, according to the Plat thereof as recorded in Plat Book 10, Page 67, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: 1) Taxes for the year 2012 and subsequent years and all applicable zoning ordinances and governmental regulations. 2) Conditions, restrictions, limitations, and easements of record, if any, but without the intention of reimposing same. 3) The purpose of this deed is to correct a Scrivener's error with respect to the following: The Warranty Deed previously recorded on 9/21/2012 in O.R. Book 28281 at Page 3056 incorrectly stated the Grantee as "Harvey E. Cohen, a married man", when in fact it should have stated the Grantee as "538 NE 82nd Terrace LLC, a Florida limited liability company". 4) Document Stamp Transfer Taxes have previously been paid on this transfer, so none are due at this time. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. DoubleTimee Book28311/Page2971 CFN#20120729378 Page 1 of 2 -11 OR, BK 28311 Pia 29 r 2 LAST PAGE. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sue;, ;,.- red in our presence: l Witness Name:_IJrr✓ Witness Name: An.1 J/.inww --1) ,-- I oak (Seal) anarooks State of Florida County of Broward The foregoing instrument was acknowledged before me this # day ofby Dru Melville, who 1 is personally known or [X] has produced a driver's license as identification. [Notary Seal] ,rPN• GEROLDVAN DER VWGT MY COMMISSION N 00 958939 *' . <t EXPIRES: February 7, 2014 ✓te* Public Underwriters PPda BOnded7hruNctary Printer ame: My Commission Expires: Warranty Deed (Statutory Form) - Page 2 DoubleTImee Book28311/Page2972 CFN#20120729378 Page 2 of 2 Prepared by and return to: Eric van der Vlugt, Esq. Vice President Clear Title Services, Inc. 1111 Kane Concourse Suite 209 Bay Harbor Islands, FL 33154 305-865-5718 File Number: 14-0550 Cohen Will Call No.: [Space Above This Line For Recording Data) Warranty Deed CFN: 20140858048 BOOK 29430 PAGE 1446 DATE:12/16/2014 11:00:07. AM DEED DOC 2,568.00 SURTAX 1,926.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This Warranty Deed made this 15th day of December, 2014 between Radha D. Adams, joined by her husband, Garvin Adams whose post office address is P.O. Box 380953, Miami, FL 33238-0953, grantor, and 439 NE 82nd Street LLC, a Florida limited liability company whose post office address is 770 NE 82nd Terrace, Miami, FL 33138, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lot 4 less the South 5.00 feet thereof, in Block of 1 of Blue Dome, according to the Plat thereof, recorded in Plat Book 42, at Page 64 of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-3207-023-0040 SUBJECT TO: 1) Taxes for the year 2015 and subsequent years and all applicable zoning ordinances and governmental regulations. 2) Conditions, restrictions, limitations, and easements of record, if any, but without the intention of reimposing 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 grantor hereby covenants with said grantee that the grantor is lawfuI!y 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, 2014. DoubleTimee CFN: 20140858048 BOOK 29430 PAGE 1447 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed sealed .nd dlivered in our presence: r Witn . s Name State of Florida County of Miami -Dade de, \Pig 1- e16- Radha D. Adams t%Ga in Adams O cal) The foregoing instrument was acknowledged before me this 15th day of R a r ' :++ 14 by Radha D. Adams and Garvin Adams, who [.__] are personally known or [X] have produced a driver's ation. [Notary Seal] GEROLD VAN DER VLUGT MY COMMISSION # FF 077578 EXPIRES: February 7, 2018 Bonded Thru Notary Public Undorwntors My Commission Expires: Warranty Deed - Page 2 DoubieTime® CFN: 20140381957 BOOK 29168 PAGE 3927 DATE:05/29/2014 09:24:57 AM DEED DOC 5,640.00 SURTAX 4,230.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY .ftv.pargsLby:luilsgfmth: qokoos40,64 F4q, A01.1.110"::0 . 1.0.15:Cera..Way Mianil, FL4M3*.$ ,305465,8228 1416;Ntmi000 143176, 'W..11t:tta1 ..r.§0tooAbo.verhiaiko:toiaobkog Oatk): ........ .. .. . Warranty Deed This Wkrant3Pee4 ni.d this JJeitday ofMy, 2014 behvecn Liliu (:004.0.9gzotoi,4 pow oftioe address is 1840Miami Springs: Avonot., Miun1 Spthigs, i41..Sil.,60,.ranto4 and.421 82 01:!,110, a 00,h10:; 1.:Airitted:.1,140114.!Contp.arty. •oihose.:.postoftlee:a4diess.is 421 N.E. 82 Stret, Mnmi, FI, tL31154,0antOn, Ov.:tkeN.v.et. use4:ivtein4i.e...;;orms :wot(e nd rrautO iiis:lifsteerettit and th h.irs, to4reptesettate,aancL,miins: inaiv..rdoa4:41vaiv,stwoosoto.ata witns::.pk:cotporM00,:irtAttFooctitorste6.0: that said:grantor, fbr,Ana..:ia.....congitteratfort of the surn,QtvEV.ANa.:Nonoo.nottARs.,(Slcwo; and other god and yaNablO eeeOfiteratiOnS tb:.:Asid.grantoriih hand.p.old by.eaid greatee; the t!eeelptlittereons:'•herehr:s6kaowletka4; ha4Pgt1j01,. 0#0014, AKI:014.* th sa1d. 01060001.0 and •40.1gt1::fot:OVOr:; the tbllowin9 decribed and. 0040y;.Jiort(foitOviiit: LOTS 7 To 9 INC.LUSIVE, LESS 81C51,101t.r;113GItt.:0P.:W." AC.COODIN.O..TO THE -PLAT THEIOOk; .AS.: IOC:OOP:EP: IN PLAT. B00I' 0, ,VALM64, OF TA.P...PVA4kc;RKPIP§'OF:A404-PAPE COVNTY..'i:V494IP* Pooreel..IdeatilleattonNumber,,:0:tt,:20:142,34.000, Orator warrantsthat at the tbne af this PPAY.094PP;:14.:04),Mt:i'E:it9PMV 4.1*ihelffetutlitg set.isOith....tri the eob,stttqtitiq:0..tile.:.$10e,..,.0:00tid:4110t.*ka9000to;to or a pOt: of horse$feaa-,property-; Orantoes.Tesidettee.eneherneStead.,idaress..isi.840:..tiattni...Spiings p.tInget.FL 33166. Together..With tal.ft . ,t00.1.be..ittS,.:horeditOthet4$ 4fki'::PiOjA.A6600.,.thereto botOnghtt:Or'itn eilYwiee:,:eppPrtahlitg, To Hav ancl tn11014 thesame in fee...si'mpk.forever.: And: ifie.ranteir,;herehy covenantwith saidgrantoeifiat ihoorat01-'*:10fitliy.Y6:4att of.;:Sal4 :104 in fee simple; tht tbe grantor:lies good...tight:mil. litwfia;asithotit* to fl an&eonversSit...landt that the!graritorhereby telly; warrants the thfe:tel•:safd. teed and will defeni.t.the :HMO :against th 1awf 1 dattriei or al] persona whotesaeven.:Vya that 'said *land i freA,..of all dNoitiWob•a,,okp001:t4Xautfottigeob$00.:fatio:0.0006.t in tWttn0,0!'Wtitt0.017;,:grantor bee. hereunto so igrantorshan&and seal the Ar4y,oatAr.A.abov:0:.-wat•OR, CFN: 20140381957 BOOK 29168 PAGE 3928 5igfte0, 0:400 0:fici::01W1tW (4ca370:1:ezi. • *WO: P.01.21:q l'Yfj4111tPaO• The foresaviiiktumenfwas.......adknowledd:be.faTe:ffie t1k... . . . . 10P0011141.:•R.t16V0.0.tf.N.1 1.10:•:0013:0•06..'o:d0iYeOtado as tN:btary Se411 :Woorm:Poo.4-AgP:4 -Wry Pla:(1 • 11hccjane:: . • • • 040 p0:0.00,0,..0i6.0.kikis: .14.01a00.0opOlv.04:0' I-00,00:00A by Liti4T,(96,50P'QnzaIoz,, who,i;LI 111111111111111111111111111111111111111111111 Prepared by and return to: Eric van der Vlugt, Esq. Vice President Clear Title Services, Inc. 1111 Kane Concourse, Suite 209 Bay Harbor Islands, FL 33154 305-865-5718 File Number: 13-0213 Cohen CAN 2O1 RO 74692 DR Bk 28626 Ps 0664; (111a) RECORDED 05/13/2013 12:09:02 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA LAST PAGE [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 6th day of May, 2013 between Harvey E. Cohen whose post office address is 770 NE 82nd Terrace, Miami, FL 33138, grantor, and 520 NE 82nd Terrace LLC, a Florida limited liability company, whose post office address is 770 NE 82nd Terrace, Miami, FL 33138, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Miami -Dade County, Florida to•wit: Lot 5, Block 2, of SHERRY PARK, according to the Plat thereof, as recorded in Plat Book 63, Page 12, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-3207-054-0150 SUBJECT TO: 1) Taxes for the year 2013 and subsequent years and all applicable zoning ordinances and governmental regulations. 2) Conditions, restrictions, limitations, and easements of record, if any, but without the intention of reimposing same. 3) Note to Examiner: The conveyance evidenced by this deed represents a transfer of real property from the Grantor to the Grantee as an additional contribution to the capital of Grantee by the Grantor. Grantee is owned 100% by Grantor. No additional interest in the Grantee has been issued to the grantor in connection with this additional contribution of capital. Accordingly, this deed is subject only to nominal state of Florida documentary stamp taxes. See Crescent Miami Center LLC v Florida Department of Revenue, 903 So.2d 913 9 (Fla. 2005). To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and pr.fit of the said grantee forever. f, grantor has hereunto set grantor's hand and s¢:al the day and year first above written. Wl/%tf'OF y.. �' �, Witness Name: Cx,i i • State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this & o ay o ' 0 personally known or [X] has produced a driver's license as identifi'.fion. ,„4104 Harvey E. Cohen [Notary Seal] GEROLD VAN DER VLUGT MY COMMISSION NPO958939 "-'rPiRES: February], ry 2014 needed'firNotary POW 0nden5rltors y Harvey E. Cohen, who [ j is Printed Na e: My Commission Expires: DoubleTimen Book28626/Page664 CFN#20130374692 Page 1 of 1 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) ROME ADDRlSS: 200 South Biscayne Boulevard CITY: (Address Line 1) Suite 850 (Address Line 2) Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL HONE: (305) 978-2866 FAX: (305) 377-6222 EMAIL: BFernandez@BRZoningLaw.com 13USSINESS or APPLICANT or ENTITY NAME 421 82nd St., LLC BUSINESS ADDRESS: 421 NE 82 Street (Address Line 1) Miami, FL 33154 (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. Land Use, Zoning and Permitting Matters for the property generally located at: 421 NE 82nd Street, 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? OYES 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. NWTI e 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 a ntity for the s m • 'ssue shall be reviewed or considered by the applicable boa d(s) ntil expiratio► of ° '.ieriod of one year after the nullification of the application or der. PERSON SUBMITTING DI 'CLOSURE: St.1ature Ben Fernandez Print Name S'1NOi'0 /o and sub.wribcd before nm this day Of __ Jul instrument WC1.S' acknowledged before me by as' identification and/or 15personally known /0 me STATE I E OF FLORIDA �4 CITY OFMIAM1 •, •,, .1 f 1201.5 j'heIbregoin . who has produced and who did/did not late an oath. C. MY OMMISSS1C:3 0 , EXPIRES: \--1 Print Name 0nclosure(s) Doo, No,:86543 Page 2 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 EMA.I1._,: BFernandez@BRZoningLaw.com BUSSINESS or APPLICANT or ENTITY NAME 439 NE 82nd Street, LLC I3I.ISINESS ADDRESS: 770 NE- 82nd Terrace (Address Line 1) Miami, FL 33138 (Address Line 2) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Land Use, Zoning and Permitting Matters for the property generally located at: 421 NE 82nd Street, 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 ONO 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 tity for the same issue shall be reviewed or considered by the applicable boar s) u til expiration of p •iod of one year after the nullification of the application or co• der.. PERSON SUBMITTINU DISCLOSURE: ' `yam' Sign tore Ben Fernand_z Print Name ,S'worn to andsubscribed before me this t_... _day of July. 2015 The foregoing instrument was acknowledged before me by who has produced as ident/J/calion and/or is personally known 10 me and who dididid not lake an oath, STATE OE FLORIDA CITY OE MIAMI MY COMMISSION N EXPIRES: //ll LLERENA ®` ei ` 6 j,a�*, Notary Public • Statn o4 flor a Print Name Enclosure(s) x * . ` ites Mar 5, ?.Ot6 �° " nl 4 t° mI Gomm. Exp Doc. No,:86543 �a;7P-'%►;;;+ Gommisstoa 8# FF 076662 Page 2 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) FIOMEADDRESS: 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 BUSSINESS or APPLICANT or ENTITY NAME 520 NE 82nd Street, LLC BUSINESS ADDRESS: 770 NE 82nd Terrace (Address Llne 1) Miami, FL 33138 (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. Land Use, Zoning and Permitting Matters for the property generally located at: 421 NE 82nd Street, 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 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a, N/A b, N/A c. N/A * Additional names can be placed on a separate page attached to this form, 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A N/A ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice Ordinance 12918 and such circumvention shall be deemed a violation of the or civil penalties that may be imposed under the City Code, upon determination disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed effect; and 2. no application from any person or ntity for the sa considered by the applicable boar s) a Ail expiration nullification of the application or rder. PERSON SUBMITTING DISCLOSURE to circumvent the disclosure requirements of Ordinance; and that in addition to the criminal by the City Commission that the foregoing void without further force or a 'ssue shall be reviewed or eriod of one year after the Signature Ben Fernandez Print Name ,Sworn to and subscribed be!bre me this t.day of July , y(n) 2 015 The foregoing instrument was acknowledged before me by , who has produced CO' identification and/or is personally known to me and who did'did not take an oath. STATE OF FLORIDA CITY OP MIAMI MY COMMISSION Notary /^ AAA P int Name }: nclo Ure(s) o,,tt , , 4' t ,e1;:, 0ET7Y LLEIIENA Doc, No.:86543 . � * 1 Notary Public - State of Florida Page 2 My Comm. Expires Mar 5, 2018 ,4, ; ,,P,Commission # FF 078662 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 Narne) HOME ADDRESS; 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZAP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 EMAIL,: BFernandez@BRZoningLaw.com FAX: (305) 377-6222 BUSSINESS or APPLICANT or ENTITY NAME 505 NE 82nd Street, LLC BUSINESS ADDRESS: 770 NE 82nd Terrace (Address Line 1) Miami, FL 33138 (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. Land Use, zoning and Permitting Matters for the property generally located at: 421 NE 82nd Street, 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? C YES n N0 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 bares 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 S. Describe what is being requested in exchange for the consideration. N/A N/A N/A I hereby acknowledge Ordinance 12918 and or civil penalties that disclosure requirement 1. the effect; 2. no considered nullification PERSON SUBMITTING ACKNOWLEDGEMENT OF COMPLIANCE that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal may be imposed under the City Code, upon determination by the City Commission that the foregoing was not fully and timely satisfied the following may occur: application or order, as applicable, shall be deemed void without further force or and ,l application from any person or entity for the .1 m issue shall be reviewed or by the applicable boat v(s) ntil expiratio,1 of period of one year after the of the application or ,ldei DISCLOSURE: eignatu Ben Fernandez Print Name Sworn to and subscribed instrument was STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: Enclosure(s) Doe, No.:86543 before me this..__._ ` day of duly , YA 2015 The foregoing �j 7 . who has produced acknowledged be ore, me [> as identification and/or is personally known 10 me and who did/did not lake an oath. ,`,A Notary �^ -r �-1 � l� ��.1 � .> ••• O Print Name 1,-,:,;k,,,,,..., BETTY LLERENA ' .r ° ,� » . E. Notary Public . State of Florid Page 2 . � r• e v.,. • my Vomm. Expires Mar 5, 2018 "7,,ZR,V Commission # FF 078662 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 PI -ZONE: (305) 978-2866 EMAIL: EFernandez@BRZoningLaw.com FAX: (305) 377-6222 I3USSINESS or APPLICANT or ENTITY NAME 82nd Apartments, LP BUSINESS ADDRESS: 8171 Younge Street 185 (Address Line 1) Thornhill, Ontario L3T2C6 CA (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. Land Use, Zoning and Permitting Matters for the property generally located at: 421 NE 82nd Street, 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? Ei 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. NUM Address Phone#R 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 I hereby acknowledge that Ordinance 12918 and such or civil penalties that may disclosure requirement was 1. the application effect; 2, no application considered nullification PERSON SUBMITTING DISCLOSURE: ACKNOWLEDGEMENT OF COMPLIANCE it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal be imposed under the City Code, upon determination by the City Commission that the foregoing not fully and timely satisfied the following may occur: or order, as applicable, shall be deemed void without further force or and from any person ntity for the sa is e shall be reviewed or by the applicable boa d(s) ntil expiration o r l od of one year after the of the application or rder. gna are Ben Fernandez he uret inc this tflLd0y o heft re fine by as identification andior is personally Print Name SSvorrl /0 and subscribed instrument was acknowledged STA`l'E OF FLORIDA CITY Y OP MIAMI MY COMMISSIO EXPIRES: Ow.' July rj 2015 The foregoing . who has produced known to me and who did/did not take an oath. Notary L, Hnelosure(s) ,,pa�7lh�e .o' ' "�e,.BETTY LLERENA gyp. �`.` , =. Notary Public - State of Florida Y/l1am t e' Page 2 s 1)k - IS"I ?rt A - ACi PRE -APPLICATION REFERRAL 01-3207-054-0120; 01-3207.054-0130; 01-3207-.054-0150; 01-3207-054.0160; 01.3207-01540200; 01-3207-023-0020; 01.3207-023-0040; 01-3207-023-0050; 01-3207-023-0060; 01-3207-023-007Q Folio # Date 06/04/2015 Ben Fernandez on behalf of Harvey Cohen Applicant Name N/A Project Name (305) 377-6235 bfernandez@brzoninglaw,com Applicarit‘PhOne Number Applicant E-mail Address 460 NE 82 Terr,; 500 NE 82 Terr.; 520 NE 82 Terr.; 530 NE 82 Terr.; 538 & 540 NE 82 Terr,; 505 NE 82 St.; Project Street AAddress 439 NE 82 St.; 433 NE 82 St.; 437 NE 82 St.; and 421 NE 82 St. in the City of Miami, Florida, TO BE COMPLETED BY THE OFFICE OF ZONING: L;) One (1) 24"X36" or larger set of signed and sealed plans C:1 Survey within one year with Building Baseline established by Public Works Transect Zone 4/-de 7 Ifel.40/7 7 / Type of Permit Requested — Code Section '? I) Wfrefike41 6 /0(k)ame aple (iy(?"--Pe6 Oivue 0-7 * 8 - > -) oiyi9(elei.,29.0e /10erzein2e41 6 r /OW'S Summary of Request Referral issued by: ,2e> Date CITY OF MIAMI PLANNING & ZONING DEPARTMENT Ph: 305-416-1499 444 SW 2nd Ave 40.Floor Miumi, FL 33130 www.rniarnigov,corn/zoning Revised 07/24/2013 DEPARTMENT OF PLANNING AND ZONING LAND USE AND REZONE COMMENTS SEPTEMBER 2015 CYCLE June 11,2015 Ben Fernandez Bercow Radell & Fernandez 200 South Biscayne Blvd, #850 Miami FL 33131 Subject Site: 460, 500, 520, 530, 538 and 540 NE Terrace; and 505, 439, 433, 437, and 421 NE 82 Street Net District: Upper Eastside During our Pre -application meeting on June 9, 2015, the following request was presented: A rezoning per Article 7, Section 7.1.2.8 (a) (3), to allow the successional rezoning of land. The proposal is to change the zone the subject lots from T5-R to T6-8-O; and a Land Use change from Medium Density Multi -Family Residential to Restricted Commercial to correspond with the proposed rezoning. Based on the request, staff has prepared the following comments. Please note, said comments are not to be construed as a recommendation of approval or support of the proposal. Staff's comments are as follows: 1. The deadline to submit a complete Rezoning and Land Use Change application is July 17, 2015. Contact Ms, Christine Hwa, Hearing Boards Coordinator via e-mail at: CHwa@Miamigov.com or by phone at 305-416-2031 for an appointment to submit the application. a. Any restrictive covenant associated with the request, shall be submitted with the application package. 2. Provide a letter of intent in accordance to Article 7, Section 7.1.2.8 (c) 2, schedule of outreach meetings with the community, and a massing plan. 3. Include the acreage proposed to be rezoned on the survey. 4. A school concurrency letter is required; please contact the Hearing Boards Department at 305.416.2030 with any question concerning the concurrency process. 444 SOUTHWEST 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33130 305,416.1400 — WWW.MIAMIGOV,COM Page 2 of 2 460 NE 82 Terr, (et al) 5. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots. 6. Provide a flash drive with all application materials, 7. A Traffic Study may be required upon further review of the submitted documents. Be Advised: The Planning and Zoning Department reserves the right to make recommendations pertaining to which Transect Zone will yield the most coherent zoning pattern in the context of the immediate vicinity. Consequently, the City of Miami reserves the right to comment on the proposal as more information is provided and may revise previous comments based on this supplementary information. The Department reviews proposals based on Miami 21 and the City Code. Furthermore, the proposed Rezone and Land Use Change is subject to review and compliance with the requirements of all City departments, as applicable, Sincerely, J J 'ueline Ellis Planner II Cc: Christopher Brimo, AICP, Chief of Land Development Derrick Cook, Plan Coordinator, Devin Cejas, Zoning Manager Tamera Frost, Zoning Plans Processor Christine Hwa, Hearing Boards Coordinator 444 SOUTHWEST 2ND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 - WWW.MIAMIGOV.COM ( 535T2223- C 2 JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers MA GFLow°w93126 k (300) 29200 FAX:(305) 262.34401 LOT2 srss-E 1 i SUITE GAPE NO. FLaIT 33904 nA (239) 640-2660 FAX:(2aa)6Ao-2666 Ir etouers�® mom. .. :L'✓' - -aeo.355 -. —R-: tdE' 82ad TERRACE. PTEADA DLO MAP OF BOUNDARY SURVEY 2r GRAPH/CSCAL ° m. &a2. PG A, odrn --.,,.STREET_ oars ars 2120.2 LOT2 aLOCK2 _, ODE aLOCK2 LOT6 r6 Lors LGT2 .ecaocr_erau_ acocK racocxl; azocXr (PSA2,P.G.63). 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X LOTH 7NEAREL OF aar,nrns�,OREOR i a`s�w.oxasuscu6s�. TREE TABLE Name DiaMeterIPO xeWTa=1 Spreadlry Ras 200 16 050 20 Umbrella Palm 040 Palm 0.60 23 Palm 25 10 2.9 Haus LSO 20 Palm 050 l31 Palls OAD Palm OAO Palm 150 10 Palm Palm 10 36 P1Palms 030 10 Palm 35 050 PI Palms 0.50 10 P1PN35 050 Palm 20 10 Paws 050 255 20 PI Palms 050 LOCAlION L NOTES -TO caTmaxrsrrETCHVAL oFCORLS CP .mawSSLAVEA ,2,2,232 PLOOOZO0.0. PoRNA ONTEOTE 7VBE250 ,32 SLO2VEMY NOTES c oPonoEe GEOO TICS TCCALOnTUP OFM3 Orr 2,51,14,2335.313fARA T® SURVEYORS GERTIFICATION2 LICH 33.2013 2 CFI City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-009651u Final Action Date: 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 LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538, AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439, AND 505 NORTHEAST 82ND STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP, 505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street, LLC; and 421 82nd St, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID: 15-00965zc. PURPOSE: This will change the land use designation for the above properties from "Medium Density Multifamily Residential" to "Restricted Commercial". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 16, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-* * by a vote of * to * (*- *), item no. *, recommending *of the Future Land Use Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted City of Miami Page 1 of 3 File Id: 15-009651u (Version: 1) Printed On: 9/4/2015 File Number: 15-009651u by reference and incorporated as if fully set forth in this Section. Section 2. 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, is further amended by changing the Future Land Use designation of 2.2711± acres of real properties located at approximately 460, 500, 520, 505, 439, 437, 433, and 421 NE 82 Terrace, Miami, Florida, from "Medium Multi -Family Residential" to "Restricted Commercial"; as depicted in "Exhibit A", attached and incorporated. WHEREAS, the applicant has proffered a covenant which is tied to a site plan, restricts the number of dwelling units to 232, and eliminates bonus floor area via the "Public Benefits Program" per Article 3, Section 3.14 of the Miami 21 Zoning Code; Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small scale Future Land Use Map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern, designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Densities will be "Restricted Commercial", or 150 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and (f) The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to the reviewing agencies pursuant to §163.3184(1)(c), Florida Statutes, and any other person or entity requesting a copy. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187(5)(c), Florida Statutes. {1} City of Miami Page 2 of 3 File Id: 15-009651u (Version: 1) Printed On: 9/4/2015 File Number: 15-009651u APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 15-009651u (Version: 1) Printed On: 9/4/2015 EXHIBIT "A" Legal Descriptions 'LOTS r 10 9,..:NC1aCJSJYE, 'US$ S2ST.REFTRIGHT OF WAY, BLOCK 1, OF ACCORDING TO TUE PLAT TB. low, As: RECORDED IN PLAT BOOR 42, 'T'RE PUBLIC'R'i C0:RRDS OF MIS.' I1w ;ADE COUNTY, FI,(?itTS1A MGE..:64, Lot 4 less the South 5.00 feet thereof, in Block of 1 of Blue Dome, according to the Plat thereof, recorded in Plat Book 42, at Page 64 of the Public Records of Miami -Dade County, Florida. Wok 2, s i .RX PO , as ordtng t ::ti e P1 .t t eredtQ'u$ reCOrd 1 .. in T 1at. Book, 0$. Page 12 of he Public Records o€°.if4at um14:Dad.e C.€ nnty, rIorida- Lot 2, less the South 5 feet, in Block 1, of BLUE DOME, according to the Plat thereof, as recorded in Plat Book 42, at Page 64, of the Public Records of Miami -Dade County, Florida. and Lot 3, less the South 5 feet, in Block 1, of BLUE DOME, according to the Plat thereof, as recorded in Plat Book 42, at Page 64, o.f the Public Records of Miami -Dade County, Florida Lot 5, Block 2, of SHERRY PARK, according to the Plat thereof, as recorded in Plat Book 63, Page 12, of the Public Records of Miami -Dade County, Florida. Lot 6, Block 2, SHER22 Plat Book 6B at Page 1 according to the Plat thereof, recorded in e Public Records of Mimi -lade CourAtyi Florida The West 1/2 of Lot 11, and all of Lot 12 in Block 2 of West Shore Crest, according to the Plat thereof as recorded in Plat Book 10, Page 67, of the Public Recor Miami -Dade County, Florida.