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PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 11-00700lu Quasi -Judicial
Title: A RESOLUTION OF THE MIAMI PLANNING ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE
OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT
TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF
THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT
APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA,
FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM
DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Location: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff -
District 2]
Applicant(s): Lynn M. Summers, Authorized Representative, on behalf of
Marine Max East, Inc., Owner
1910 NW 13th Street
Miami, FL 33125
(305) 794-7599
Land Use: Medium Density Multifamily Residential
Proposed Land Use: Medium Density Multifamily Commercial
Purpose: This will change the above property to Medium Density Restricted
Commercial.
Planning Department
Recommendation: Approval
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: October 05, 2011
ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST
Approximately 840 NE 78th Street
File ID 11-00700lu
REQUEST
The proposal is for a change to the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan designation of certain properties from "Medium Density Multifamily
Residential" to "Medium Density Restricted Commercial". (A complete legal description
is on file at the Hearing Boards Office).
FUTURE LAND USE
Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 established future
land use categories according to the 2020 Future Land Use Map and the "Interpretation
of the Future Land Use Map."
The "Medium Density Multifamily Residential" future land use designation allows
residential structures to a maximum density of 65 dwelling units per acre, subject to
the detailed provisions of the applicable land development regulations and the
maintenance of required levels of 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 multifamily 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 or historic districts that
have been designated by the Historical and Environmental Preservation Board and
are in suitable locations within medium density multifamily residential areas,
pursuant to applicable land development regulations and the maintenance of
required levels of service for such uses. Density and intensity limitations for said
uses shall be restricted to those of the contributing structure(s).
The "Medium Density Restricted Commercial" future land use designation allows
residential uses (except rescue missions) to a maximum density equivalent to "Medium
Density Multifamily Residential" subject to the same limiting conditions; transitory
residential facilities such as hotels and motels. This category also allows general office
use, clinics and laboratories, auditoriums, libraries, convention facilities, places of
worship, and primary and secondary schools. Also allowed are commercial activities that
generally serve the daily retailing and service needs of the public, typically requiring
easy access by personal auto, and often located along arterial or collector roadways,
which include: general retailing, personal and professional services, real estate, banking
and other financial services, restaurants, saloons and cafes, general entertainment
facilities, private clubs and recreation facilities, major sports and exhibition or
entertainment facilities and other commercial activities whose scale and land use
impacts are similar in nature to those uses described above. This category also includes
commercial marinas and living quarters on vessels as permissible.
The nonresidential portions of developments within areas designated as "Medium
Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 6.0 times the
net lot area of the subject property.
DISCUSSION
The subject area consists of one parcel comprising approximately 0.25 acres. This
parcel is located on the south side of NE 78th Street between NE 8th Court on the west
and NE 10th Avenue on the east. The Little River is the southern boundary of the site.
The site and the properties to the east are designated "Medium Density Multifamily
Residential". The properties to the north and west are designated "Restricted
Commercial". The subject site is in the UPPER EASTSIDE NET Service Center Area.
ANALYSIS
The Planning Department is recommending APPROVAL of the amendment as
presented based on the following findings:
The MCNP Interpretation of the 2020 Future Land Use Map section indicates that the
"Medium Density Restricted Commercial" future land use designation allows
residential uses to a maximum density equivalent to "Medium Density Multifamily
Residential". Therefore, there is no change in the maximum permitted residential
density on the site.
MCNP Goal LU -1 states that the City will maintain a land use pattern that (1) protects
and enhances the quality of life in the City's neighborhoods; (2) fosters
redevelopment and revitalization of blighted or declining areas; (3) promotes and
facilitates economic development and the growth of job opportunities in the city; (4)
fosters the growth and development of downtown as a regional center of domestic
and international commerce, culture and entertainment; (5) promotes the efficient
use of land and minimizes land use conflicts while protecting and preserving
residential sections within neighborhoods; (6) protects and conserves the city's
significant natural and coastal resources; and (7) protects the integrity and quality of
the City's existing neighborhoods by insuring public notice, input and appellant rights
regarding changes in existing zoning and land use regulations. The proposed
change will facilitate economic development and growth of job opportunities in the
city by permitting commercial uses on the site. The site and the areas to the west
and north already contain commercial uses.
• MCNP Land Use Policy LU -1.1.7 states that land development regulations and
policies will allow for the development and redevelopment of well-designed mixed-
use neighborhoods that provide for the full range of residential, office, live/work
spaces, neighborhood retail, and community facilities in a walkable area and that are
amenable to a variety of transportation modes, including pedestrianism, bicycles,
automobiles, and mass transit. The proposed "Medium Density Restricted
Commercial" designation permits a full range of the above-mentioned uses. The site
is located in close proximity to six Metrobus routes.
• MCNP Land Use Policy LU -1.1.11 states that the City hereby adopts designation of
the City, excluding Virginia Key, Watson Island and the uninhabited islands of
Biscayne Bay, that have a land use and zoning classification of Conservation, as an
Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area
lying generally east of the Palmetto Expressway and including all of the City of
Miami. Within this area, the concentration and intensification of development around
centers of activity shall be emphasized with the goals of enhancing the livability of
residential neighborhoods and the viability of commercial areas. 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. Maintenance of
transportation levels of service within this designated Urban Infill Transportation
Concurrency Exception Area shall be in accordance with the adopted Transportation
Corridors level of service standards and the City of Miami Person Trip Methodology
as set forth in Policies TR -1.1.2 and 1.1.3 of the Transportation Element of the
MCNP. The subject site is located within the transportation concurrency exception
area. The proposed change to "Medium Density Restricted Commercial" would
enhance the viability of an existing commercial area. The mixed use nature of the
proposed designation encourages the use of public transportation and
pedestrianism, and will encourage the maintenance of level of service standards.
• MCNP Land Use Policy LU -1.3.15 states that the City will continue to encourage a
development pattern that enhances existing neighborhoods by developing a
balanced mix of uses including areas for employment, shopping, housing, and
recreation in close proximity to each other. The proposed "Medium Density
Restricted Commercial" designation allows for the aforementioned uses.
• MCNP Policy LU -1.6.10 states that the City's land development regulations and
policies will allow for the provision of safe and convenient on-site traffic flow and
vehicle parking and will provide access by a variety of transportation modes,
including pedestrianism, bicycles, automobiles, and transit. The site is directly
served by six Metrobus routes.
• MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that
results in an increase in density or intensity of land use shall be contingent upon
availability of public facilities and services that meet or exceed the minimum LOS
standards adopted in the Capital Improvement Element.
MCNP Policy CM -3.1.1 states that the comprehensive plan and land development
regulations will encourage water -dependent uses along the shoreline, and strategies
that will be used to preserve recreational and commercial Working Waterfronts as
defined in Ch. 342.07, F.S., particularly on the Miami River. This site is located on
the Little River in an area that has ocean access. The proposed "Medium Density
Restricted Commercial" category will allow for recreational and commercial working
waterfront uses to take place on the site.
The Miami 21 zoning designation currently approved on this parcel is T5 -R — "Urban
Center Transect Zone -Restricted". The proposed designation will be T5-0 — "Urban
Center Transect Zone -Open".
These findings support the position that the Future Land Use Map at this location and for
this neighborhood SHOULD be changed to the proposed designation.
FUTURE LAND USE MAP
0150 300 600 Feet
L ' ' ' I ' ' ' I ADDRESS: 840 NE 78 ST
FUTURE LAND USE MAP (PROPOSED)
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CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal No 11-00700 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 8/11/2011 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant Lynn M. Summers, Authorized Representative for MarineMax East, Inc.
Owner
RECREATION AND OPEN SPACE
Population Increment, Residents 0
Address: 840 NE 78 ST
Space Requirement, acres 0.00
Boundary Streets: North: NE 78 ST East: NE 10 AV
Excess Capacity Before Change 182.80
South: LITTLE RIVER West:. NE 8 CT
Excess Capacity After Change 182.80
Proposed Change: From:Medium Density Multifamily Residential
Concurrency Checkoff OK
To: Medium Density Restricted Commercial
Existing Designation, Maximum Land Use Intensity
POTABLE WATER TRANSMISSION
Residential 0.2500 acres @ 65 DU/acre 16 DU's
Population Increment, Residents 0
Peak Hour Person -Trip Generation, Residential 11
Transmission Requirement, gpd 0
Other sq.ft. @ FAR 0 sq.ft.
Excess Capacity Before Change >2% above demand
Peak Hour Person -Trip Generation, Other
Excess Capacity After Change >2% above demand
Concurrency Checkoff OK
Proposed Designation, Maximum Land Use Intensity
Residential 0.2500 acres @ 65 DU/acre 16 DU's
SANITARY SEWER TRANSMISSION
Peak Hour Person -Trip Generation, Residential 11
Population Increment, Residents 0
Other sq.ft. @ FAR 0 sq.ft.
Transmission Requirement, gpd 0
Peak Hour Person -Trip Generation, Other 0
Excess Capacity Before Change See Note 1.
Excess Capacity After Change See Note 1.
Net Increment With Proposed Change:
Concurrency Checkoff WASA Permit Required
Population 0
Dwelling Units 0
STORM SEWER CAPACITY
Peak Hour Person -Trips 0
Exfiltration System Before Change On-site
Exfiltration System After Change On-site
Planning District UPPER EAST SIDE
Concurrency Checkoff OK
County Wastewater Collection Zone 308
Drainage Subcatchment Basin D1
Solid Waste Collection Route 101
SOLID WASTE COLLECTION
Population Increment, Residents 0
Transportation Corridor Name NE 79 ST
Solid Waste Generation, tons/year 0
Excess Capacity Before Change 800
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Excess Capacity After Change 800
Concurrency Checkoff OK
Land Use Goal LU -1 (See attachment 1)
Land Use Objective LU -1.1
TRAFFIC CIRCULATION
Land Use Policy 1.1.1
Population Increment, Residents 0
Capital Improvements Goal CI -1
Peak -Hour Person -Trip Generation 0
Capital Improvements Objective CI -1.2
LOS Before Change E+20
Capital Improvements Policy 1.2.3 a - g
LOS After Change E+20
Concurrency Checkoff OK
NOTES: 1. Permit for sanitary sewer connection must be issued by Metro Dade Water and Sewer Authority
Department (WASA). Excess capacity, if any, is currently not known.
Medium Density Restricted Commercial, Allow residential uses (except rescue missions) to a maximum density
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
equivalent to "Medium Density Multifamily Residential" subject to the same limiting conditions; transitory
residential facilities such as hotels and motels;general office use; clinics and laboratories commercial
activities that generally serve the daily retailing and service needs of the public, typically requiring easy access
LOS are from Table PT -2(R1), Transportation Corridors report.
Potable water and wastewater transmission capacities are in accordance with
Metro -Dade County stated capacities and are assumed correct. Service
connections to water and sewer mains are assumed to be of adequate size; if not,
by personal auto, and often located along arterial or collector roadways which include: general retailing,
personal and professional services, real estate, banking, restaurants, saloons and cafes, general entertainment
facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and
new connections are to be installed at owner's expense.
Recreation/Open Space acreage requirements are assumed with proposed
change made.
other commercial activities whose scale and land use Impacts are similar in nature of those uses described
above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools.
.This category also includes commercial marinas and living quarters on vessels as permissible.
Allow max heloh 7 stories (height up to 25 ft forthe around floor and up to 14 ft for each additional floor
rnn i Int nay1q/o
Superintendent of Schools
Alberto M. Carvalho
August 30, 2011
VIA ELECTRONIC MAIL
Ms. Lynn M. Summers c/o
MarineMax East, Inc.
840 NE 78 Street
1910 NW 13 Street
Miami, FL 33125
RE: PUBLIC SCHOOL CONCURRENCY DETERMINATION
MARINEMAX EAST INC. (11-00700LU)
LOCATED AT 1910 NW 13 STREET
PH01 11081800143— Folio No. 0132070163860
Dear Applicant:
Miami -Dade County School Board
Perla Tabares Hantman, Chair
Dr. Lawrence S. Feldman, Vice Chair
Dr Dorothy Bendross-Mindingall
Carlos L. Curbelo
Renier Diaz de la Portilla
Dr. Wilbert "Tee" Holloway
Dr. Martin Karp
Dr. Marta Perez
Raquel A. Regalado
Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami -
Dade County, the above -referenced application was reviewed for compliance with Public School
Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency
Analysis (Schools Planning Level Review).
As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the application
would yield a maximum residential density of 16 multifamily units, which generates 3 students; 1
elementary, 1 middle and 1 senior high students. At this time, the schools serving the area have
sufficient capacity available to serve the application. However, a final determination of Public
School Concurrency and capacity reservation will only be made at the time of approval of final plat,
site plan or functional equivalent. As such, this analysis does not constitute a Public School
Concurrency approval.
Should you have any questions, please feel free to cWtact me at 305-995-4501.
AanM.
►gu z;
Director I
IMR:mo
-- --- L120 - --- --
Enclosure
cc: Ms. Ana Rijo-Conde, AICP
Ms. Vivian G. Villaamil
City of Miami
School Concurrency Master File
Facilities Planning, Design and Sustainability
Ana Rijo-Conde, AICP, Eco -Sustainability Officer- 1450 ME. 2nd Ave. • Suite 525 • Miami, FL 33132
305-995-7285. 305-995-4760 (FAX) • arijo@dadeschools.net
Application Details Page 1 of 1
Can�urreney Taalncagelrn�nf! S�s�em {c�iSj i
:
j ff Miami Dade County Public Sohools
Miami -Dade County Public Schools
MDCPS Application Number:
Date Application Received:
Type of Application:
Applicant's Name:
Address/Location:
Master Folio Number:
Additional Folio Number(s):
PROPOSED # OF UNITS
SINGLE-FAMILY DETACHED UNITS:
SINGLE-FAMILY ATTACHED UNITS:
MULTIFAMILY UNITS:
Concurrency Management System
Preliminary Concurrency Analysis
PH0111081800143 Local Government (LG): Miami
8/18/20.11. 4.:1.6:31 PM. LG Application Number: 11-0070OLU
Public Hearing Sub Type: Land Use
MarneMax _East,._Inc._at 840_NE..78 Street
1910 NW 13 Street; Miami, FL 33125
0132070163860
16
0
0
16
4DCPS has conducted a preliminary public school concurrency review of this application; please see results
ibove. A final determination of public school concurrency and capacity reservation will be made at the time of
ipproval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC
;CHOOL CONCURRENCY APPROVAL.
1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax /
concurrency@dadeschools.net
http://gis-webOl .dadeschools.net/MDSCMSWeb1printapplicationdetails. aspx?appNum=P... 8/30/2011
CONCURRENCY SERVICE AREA SCHOOLS
CSA
Id
Facility Name
Net Available
Capacity
Seats
Required
Seats
Taken
LOS Met
Source
Type
3021
LITTLE RIVER ELEMENTARY
127
1
1
YES
Current CSA
6411
HORACE MANN MIDDLE
6S9
1
1
YES
Current CSA
7301
MIAMI EDISON SENIOR
HIGH
710
1
1
YES
Current CSA
ADJACENT SERVICE AREA SCHOOLS
*An Impact reduction of 15.3% included for charter and magnet schools (Schools of Choice).
4DCPS has conducted a preliminary public school concurrency review of this application; please see results
ibove. A final determination of public school concurrency and capacity reservation will be made at the time of
ipproval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC
;CHOOL CONCURRENCY APPROVAL.
1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax /
concurrency@dadeschools.net
http://gis-webOl .dadeschools.net/MDSCMSWeb1printapplicationdetails. aspx?appNum=P... 8/30/2011
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NEW APPLICATION FORM
APPLICATION INFORMATION
Application Type Public Hearing - Functional Equivalent
Application Sub -Type Land Use
Application Name Imarinemax East, Inc. at 840 NE 78 Street
Application Phone 305-794-7599
Application Email imsum@earthlink.net
Application Address 11910 NW 13 Street, Miami, FL 33125
CONTACT INFORMATION
Contact Name
Lynn M. Summers
Contact Phone
305-794-7599
Contact Email
imsum@earthiink.net
Local Govt, Name
jMliamil
Local Govt. Phone
305-416-1416
Local Govt. Email
ggay@miamigov.com
Local Govt. App. Number
11-00700LU
PROPERTY DETAILS
_.13 Number Format, NO DASHES
Master Folio Number 10132070163srso *
O
Additional Folio Numbers o I Must be comma (,) seperated
Total Acreage 1.25
Proposed Use IMedium Density Restricted Commercial Zone/Land Designation
Single -Family Detached 0 * Includes mobile homes.
Units
Single -Family Attached
Units
Multi -Family Units
Total # of Units
0 * Includes duplexes and townhome
with fee -simple lots (lot ownershi
16
16
Includes buildings with 3 or more
apartments or townhouse style
buildings (no lot ownership).
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Your Application has been successfully submitted...
Application Date: Aug 18 2011 4:16PM
MDCPS Application Number: PHO111081800143
NEW APPLICATION FORM
APPLICATION INFORMATION
Application Type select Type
Application Sub -Type
Application Name
Application Phone
Application Email
Application Address
CONTACT INFORMATION
Contact Name
Contact Phone
Contact Email
Local Govt. Name Miami
Local Govt, Phone 305-416-1416
Local Govt. Email ggay@miamigov.com
Local Govt. App. Number
PROPERTY DETAILS
13 Number Format, NO DASHES
Master Folio Number
;.]---.Must.be
Additional Folio Numbers __ _ _ _ _.._ comma.(,)_seperated
Total Acreage
Proposed Use Zone/Land Designation
Single -Family Detached 0 * Includes mobile homes.
Units
Single -Family Attached 0 * Includes duplexes and townhomes
Units with fee -simple lots (lot ownership).
Includes buildings with 3 or more
Multi -Family Units 10 1* apartments or townhouse style
buildings (no lot ownership).
Total # of Units 10
Submit Application jI Reset
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COMPREHENSIVE PLANAPPLICATION
1 PX
HEARING BOARDS L 111
444 SW 2"d Avenue, 7th Floor ` Miami, Florida 33130 • Telephone 305-416-2030
www.miami.gov.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.
The deadline to file the complete application with supporting documents is the last five working
days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm.
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 before the deadline 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 (8YZxl 1 ") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE
STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
COMPREHENSIVE PLANAPPLICATION
Please,refer to Section `62-31 of.the Miami City Code for Comprehensive Plan information,
:1: :Applicant(s)—,,.Lynn M. Summers Authorized Representative for MarineMax East, Inc., Owner
2 Subject property'address(es) and folio number(s): 840 NE 78`" Street -Folio #0132070163860
3. Present designation(s): Medium 'Density Multifamily Residential
4. Future designation(s): Medium :Density Restricted Commercial
5; If the °requested Land Use is approved, will a Rezoning be requested for consistency with the
Zoning Atlas, per'F:S. 163.3184(3)(e)? Yes. If yes, please contact Planning at 305-416-1400.
6. Has the designation of°this'.property been changed in the last year? If so, when? No.
7. Do you own any other property within 200 feet of the subject property? Yes.
If yes, has the property been granted a Land Use Change within the last year? No.
8. One (1) original, two (2) 11 x17" copies and one (1) 8'/2x11 copy of the survey of the property
prepared by a State of Florida registered land surveyor within six (6) months from the date of the
application.
9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description.
11. At least two photographs showing the entire property showing land and improvements.
12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner—and contract purchasers,
if applicable—of the subject property.
14. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
15. Certified list of owners of real estate within 500 feet of the subject property.
16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
17. Original Public School Concurrency Management System Entered Requirements form.
Rev. 03-2011
COMPREHENSIVE PLANAPPLICATION
18. The subject property(ies),cannot have any open code enforcement/lien violations.
19. What is/the-acreage of the project/property site? 0.25
20. What is'the 'purpose of:this application/nature of proposed use? Correction of code violation.
21. Is the ,property :within the boundaries :of a historic site, historic district or archeological zone?
Please contact the Planning Department on the 3rd Floor for information. No.
:22. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning Department. on the 3rd Floor for information. No.
23. Is :the ,property .within the Coastal High Hazard Area (CHHA)? Please contact the Planning
Department on the 3rd Floor for 'information and further instructions. No.
24. Cost of processing according to Section 62-156 of the Miami City Code*:
Application to Amend the Comprehensive Neighborhood Plan to:
a. Conservation, Recreation, Residential Single Family,
Residential Duplex $ 300.00
b. Residential Medium Density Multifamily $ 450.00
c. Residential High Density Multifamily, Office, Major Public Facilities,
Transportation/Utilities $ 550.00
d. Commercial/Restricted, Commercial/General and Industrial $ 650.00
e. Central Business District (CBD) $ 1,200.00
f. Surcharge for advertising each item $ 1,200.00
Public hearing and public meeting mail notice fees, including cost of
handling and mailing per notice $ 3.50
*Pursuant to
the form of a
Signatu
1271, all planning and zoning fees in excess of $25, 000. 00, shall be paid in
?ck. ashier's check. or money order.
Name 7/1:/NI
rTelephone
Address Q �V ipS.4(
4-11
E-mail
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE A
2011Th foregoing wa cknoTr1 ed befo e me this � day of _ L
, I Yl t'l, c who
a(n) i digA vidual/partne /agent/corporation of a(n)
individual/partnership/corporation. He/She is personally known to meor w has produced
as identification and who did (did nota take an oath.
(Stamp)" Signature
<h^�! ANELRODRIGUEZ
MY COMMISSION # EE 101837
EXPIRES: June 12, 2015
P' M�P Bonded rnN Wary Public Umiw Mars
Rev. 03-2011
is
tNG`.APPL1CAT10N
REZ�ONI
,;4'F.iFiD.AVJ1'"OF AUTHORITY TO ACT
Before`me this'daytheundersigned personally appeared Lynn M. Summers
who being by me first deposes and says:
1 . ;That he/she is t e-'Vowner or the,.legal ,representative of the owner, submitting the public hearing
application as required by the t.Code,6f th6 City of Miami, Florida, affecting the real property located in
'the City of Miami, ras 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�6,act-;in-his/her•behalf,for'the change or modification of a classification or regulation of zoning
as set out in'the`foregoing petition, including 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.
Lynn M. Summers
Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledge efore me this �_ l> day of _/ �_
20�_, by
a(n) individu part r/agenticorporation of _
individual/partnership/corporation. He/She is
AJ 1 as identification and who did
(Stamp)
W E I S S
C6Z -dF�et 16, 2p�9F! ••. i�
.go r►' g :¢=
: 99ti2 r • o
% . N Bonb��.a�:
Rev. 06-2011
who is
a(n)
erso22.1,1,v known to me or who has produced
id not) takean oath. /%
gnature
CITY OF MIAMI
H E A R I N G B O A R D;
Ph: 305-416-2030
444 SW 2nd Ave 71' Floor l\liami, FL 33130
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v
CORPORATE RESOLUTION
OF
MARINEMAX EAST, INC
The undersigned director of MarineMax East, Inc., a Delaware Corporation (the
"Company"), does hereby certify that the Company is a valid corporation organized and
existing under the laws of the State of Delaware, and does hereby further certify that I am
making the following Resolution in accordance with the Articles of Incorporation of the
Company.
RESOLVED, that Lynn M. Summers, Principal, d/b/a Community Technologies
1910 NW 13`x' Street, Miami, Florida 33125 is hereby authorized for this specific purpose
and directed to do whatever may be necessary and appropriate to effect the rezoning of
MarineMax East, Inc. property located at 840 NE 78" Street, Miami, Florida — Folio
0132070163860, and said individual is hereby authorized and directed to execute in the
name and on behalf of the Company and all documents necessary or proper to carry into
effect this Resolution.
I further certify that the copy of the Resolution shown above is true and correct
and the same has not been modified and rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand as Director of the
Company in accordance with the Articles of Incorporation.
L9—
f1
Dated this day of July, 2011.
MarineMax East, Inc.
Michael H. McLamb
Director
RE,70,N]NG.APPLICATION
ADI`SC.LOSURE 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. Acdording!y, disclosure of shareholders of corporations, beneficiaries
,of trusts, and/or any; other interested,parties, together with their address(es) and proportionate interest
i!are required. Pleasesupply additional ,list's, if necessary.
Owner's'Name(esSee' at tached'description of ownership of MarineMax East, Inc., and diagram.
Percentage of,' Ownership
Subject Property Address(es)
2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject
property owned by any and all parties listed in question #1 above. Please supply additional lists, if
necessary.
Street Address(es):
See attached list of owners.
Legal Description(s):
Rev. 06-2011
11h: 305-416-2U3U
444 SW 2nd Ave 7d' Floor Miami, FL 33130
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MarineMax, Inc. Past Restructuring
Organizational Chart
1= MarineMax USA
Dumas OP Ina
11802 Dumas (Incl, Dumas GP LLC & MarineMax TX, LP)
MarineMax of Arizona, Inc,
MarineMax of Minnesota, Inc,
MarineMax of Las Vegas, Inc.
MarineMax of Utah, Inc.
MarineMax of Colorado Inc,
MarineMax of California, Inc.
Harrison's Realty CA, LLC
Harrison's Realty, LLC
C&N Marine LLC
Walker Marina Realty LLC
Marina Drive Realty I LLC
Marina Drive Realty II LLC
2= MarineMax of North Carolina, Inc.
MarineMax of Georgia, Inc,
MarineMax of Missouri, Inc.
MarineMax of Ohio, )no.
Boating Gear Center
Bassett Boat Company
Bassett Realty, LLG
Guifwind South Really, LLC
Florida Partnership Structure including:
MarineMax of Southeast Florida, LLC
MarineMax of Central Florida, LLC
MarineMax of Southwest Florida, LLC
MarineMax Motor Yachts, LLC
MarineMax of Sarasota, LLC
MadneMaxlnternatlonal,'LLC -- -- --
3= MarineMax of New York, Inc,
MarineMax of New Jersey Holdings, Inc.
(Inciudes: MarineMax New Jersey OF,
Inc., MarineMax NJ Partners, Inc., and
MarineMax Midallantic, LP_)
Board of Directors
Board of Directors
Highlights I Board of Directors I Executive Officers 1. Committee
Composition
Hilliard M Eure III
Retired Managing Partner
KPMG, Tampa Bay Practice
John B Furman
Consultant for various domestic and international public and
private companies
Robert S. Kant, Esc.
Principle Shareholder
Greenberg Traurig
Russell J. Knittel
Executive Vice President
Synaptics Incorporated
William H; McGill, Jr.
Chairman of the Board, Chief Executive Officer and President
Michael H. McLamb
Executive Vice President, Chief Financial officer and Secretary
Joseph A. Watters
Founding Chairman, Oceania Cruises
Dean S. Woodman
Retired Managing Director
ING Baring
Page 1 of 1
kt+,//_n'kv rn,ra+a_ir na+/nl�naniv al�fMI90=1 r1';,jA0 Rrn=irnl_crn��Rnarr� 7�77�7n�
Executive Officers
Executive Officers
Highlights I Board of Directors I Executive Officers I Committee
Composition
William H. McGill, Jr.
Chairman of the Board, Chief Executive Officer, and President
Michael H. McLamb
Executive Vice President, Chief Financial Officer and Secretary
Edward A. Russell
Executive Vice President, Chief Operating Officer
Kurt M. Frahn
Vice President of Finance and Treasurer
Paulee Day
Vice President, General Counsel and Assistant Secretary
Page 1 of 1
l�t+n•//nl�v �mm�rata_ir nat/nlinaniV 7html?r=1 (15d�i(1Rrn=it nl_ont�7�/ianaQa 7/i i./i.(11
Exhibit "A"
Legal Description
Lot 17, Block 22, of Shore Crest, According to the Plat Thereof
Recorded in Plat Book 10, Page 23, of the Public Records of
Miami -Dade County, Florida
PREPARED BY AND RETURN TO:
J. Matthew Marquardt, Esquire
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200
Post Office Box 1669 (33757)
Clearwater, Florida 33756
QUIT CLAIM DEED
i i iiiii hair �ioii sini iiiii �4iii viii iii
OR 81, 26227 Pee 0666 — 668; (3v95)
RECORDED 02/21;2008 15:43:07
DEED DOC: TAX 0.60
HARVEY RUVIN? CLERK OF COURT
MIAMI—DADE COUNTYr FLORIDA
THIS INDENTURE, made this ��day of February, 2008, between MARINEMAX
OF SOUTHEAST FLORIDA, LLC, a Florida limited liability company, of the County of
Pinellas, and the State of Florida, Party of the First Part, whose mailing address is 18167 U.S.
Highway 19 North, Suite 300, Clearwater, FL 33764, and MARINEMAX EAST, INC., a
Florida corporation, of the County of Pinellas, and the State of Florida, Party of the Second
Part, whose mailing address is 18167 U.S. Highway 19 North, Suite 300, Clearwater, FL 33764.
WITNESSETH, that the said Party of the First Part, for and in consideration of the sum
of Ten and no/100 Dollars ($10.00), in hand paid by the said Party of the Second Part, the receipt
whereof is hereby acknowledged, has remised, released and quit claimed, and by these presents
does remise, release and quit claim unto the said Party of the Second Part all the right, title,
interest claim and demand which the said Party of the First Part has in and to the following
described lot, piece or parcel of land, situate lying and being in the County of Miami -Dade, State
of Florida, to wit:
See attached Exhibit "A" Legal Description
TO HAVE AND TO HOLD the same, together with all the singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim
whatsoever of the said Party of the First Part, either in law or equity, to the only proper use,
benefit and behoof of the said Party of the Second Part.
IN WITNESS WHEREOF, the said Party of the First Part has hereunto set our hand and
seal the day and year first above written.
—1—
Signed, Sealed and Delivered
in the Presence of:
P am . Go e�
Print Name: i4ALJ
STATE OF FLORIDA
COUNTY OF PINELLAS
MARIW�VaT�-
Kurt
FLORI
By: Frahn, Assistant Secretary
r
I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments, Kurt Frahn, to me personally known
or who has produced as identification and who did take an oath,
and known to me to be the individual described in and who executed the foregoing instrument
and he/she acknowledged before me that he/she executed the same for the purposes therein
expressed.
WITNESS my hand and official seal at Clearwater said County and State, this a • day
of February, 2008.
..................................
BARBARA YACK
„2°D o° Notary Public
ExM® e«w.aw�poeHu e+: Print Name0
i�A-6AM 4AcIC.
FW4A NeWZ Atm.., I -t
My Commission Expires: 1012,0101�
-2-
EXHIBIT "A"
PARCEL 1:
DR BK 26227 PG ID668
LAST PAGE
Beginning at the Northwest corner of Lot 1, Block 20, of Shore Crest, a subdivision as shown by
the Plat thereof, as recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade
County, Florida, run East 100 feet along the North line of said Lot; thence South to the North
Bank of Little River; thence Westerly along the North Bank of Little River 52.43 feet to the
Southwest corner of said Lot; thence Northerly along the West line of said Lot to the Point -of -
Beginning; less the North 5 feet and the East 50 feet thereof.
AND INCLUDING
A portion of Lot 1, Block 20, Shore Crest, according to the Plat thereof, recorded in Plat Book
10, Page 23, of the Public Records of Miami -Dade County, Florida, being more particularly
described as follows:
Commence at the Northwest corner of said Lot 1, Block 20, as platted; thence run in an Easterly
direction along the North line of said Lot 1, for 100.00 feet; thence deflect 91 degrees 03 minutes
45 seconds to the right and run South for 5.00 feet to the Point of Beginning; thence continue
south for 217.13 feet, more or less, to the sea wall on the North Shore of Little River; thence run
in a Southeasterly direction, along the said sea wall, for 183.61 feet; thence run North, along the
West right-of-way line of "River Walk", as shown on the aforesaid Plat of Shore Crest, for
130.11 feet, more or less, to a point of curvature; thence run in a Northwesterly direction, along a
circular curve to the left having a radius of 15 feet and a central angle of 73 degrees 57 minutes
30 seconds, for an arc distance of 19.36 feet to a point of tangency; thence run in a Northwesterly
direction, tangent to the last described circular curve, for 6.89 feet; thence deflect 106 degrees 02
minutes 30 seconds to the left and run South, along a Southeasterly extension of the West right-
of-way line of Northeast 8th Court, as shown on the said Plat of Shore Crest, for 12.19 feet;
thence run West, parallel to the aforesaid North line of Lot 1, for 147.52 feet; thence deflect 90
degrees to the right and run North for 100 feet; thence run West, parallel to and 5 feet South of
the said Northline of Lot 1, as shown on the Plat of Shore Crest, for 16.27 feet to the Point of
Beginning.
AND INCLUDING
The East Fifty (50) feet of the following described property:
Beginning at the Northwest corner of Lot 1, Block 20, of Shore Crest, a Subdivision as shown by
the Plat thereof recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade
County, Florida, thence run East 100 feet along the North line of said Lot; thence South to the
North bank of Little River; thence Westerly, along the North bank of Little River, 52.43 feet to
the Southwest corner of said Lot; thence Northerly along the West line of said Lot to the Point of
Beginning; less the North 5 feet thereof.
AND INCLUDING
Lot 17, Block 22, of Shore Crest, according to the Plat thereof recorded in Plat Book 10, Page
23, of the Public Records of Miami -Dade County, Florida.
PARCEL 2:
The Leasehold interest in and to that certain Sovereignty Submerged Lands Lease No.
130023826, from the Board of Trustees of the Internal Improvement Fund of the State of Florida,
as recorded in Official Records Book 23391, P{ages 1693 through 1705, of the Public Records
of Miami -Dade County, Florida.
h:\data\aty\jmmlmuinemax%boataramalgcdeed IAA
-3-
1ax•:a„01”n 4
14
.�, 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: Lynn M. Summers
(First Name) (Middle) (Last Name)
HOME ADDRESS: 1910 NW 13th Street
(Address Line 1)
ress Line
CITY: Miami STATE: Florida ZIP: 33125
HOME PHONE: (3 0 5) 448-0997 CELL PHONE:
EMAIL: lmsum@earthlink.net
BUS SINESS or APPLICANT or ENTITY NAME
(3 05) 794-7599 FAX: (3 05) 44 8 -34 67
MarineMax East, Inc.
BUSINESS ADDRESS: 840 NE 78th Street
(Address Line 1)
Miami, Florida
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Rezoning and Miami Neighborhood Comprehensive Plan Amendments.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
_._. support or withhold objection to the requested approval, relief or action?
YES ❑X NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
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, z dj )
b.
C.
Additional names can be placed on a separate page attached to this form.
4. Please describe the natur of ie consideration.N�4
ff
f
5. Describe what is being r qu sted in exchange for the consideration.
II>"4V
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the sa a issue shall be reviewed or
considered by the applicable boa d(s) until expiration a period of one year after the
___ ___ __. __ _____ . nullification of the application or der._
PERSON SUBMITTING DISCLOSURE:
ig ure
`��`�lllflllllll�,� Lynn Summers, Representative
A. wF/S+SiPrint Name
�,o4�ber 10?A9
vg71n to iRJ?tlSubscri*eiefore ine this a0 day of .�w lC/ 20d_'�. The foregoing
vanpP740 Meledged before ine by who has produced
;'•?�a Bonded�N�io`� �o�; as identification and/or is erson .l lcnoivn to me and tiwho did/did not take an oath.
Ic s"„\\��`
STATE 8 MnIDA
_ CITY OF MIAMI
MY COMMISSION Notary
EXPIRES: �, S
Print Name
Enclosure(s)
Doc. No.:86543 Page 2
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