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Home My WebLink AboutPZAB 09-18-13 Supporting DocsFile ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: PZAB.2 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 09-008631 u 1 Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3801 BISCAYNE BOULEVARD AND 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 3801 Biscayne Boulevard and 455 NE 38th Street [Commissioner Marc David Sarnoff - District 2] Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and 3801 Biscayne Corp. 200 S Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 This will change the above properties from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial". Denial. See supporting documentation. September 18, 2013 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 3801 Biscayne Boulevard & 455 NE 38th Street File ID 09-008631u1 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 category allows residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of 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 category 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 1 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 two parcels comprising approximately 0.79 acres. The site is located on the north side of NE 38th Street between Biscayne Boulevard and NE 5th Avenue. The site and the areas to the north, south, and east are designated "Medium Density Multifamily Residential"; the area to the west along Biscayne Boulevard is designated "General Commercial". The subject site is in the UPPER EASTSIDE NET area. ANALYSIS The Planning Department is recommending DENIAL of the amendment as presented based on the following findings: • MCNP Land Use Goal LU-1(1) encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods and (5) promotes the efficient use of land and minimizes land use conflicts. This amendment will increase conflicts because the proposed designation will allow for the intrusion of commercial uses into a stable residential neighborhood. The commercial uses should be limited to the Commercial Corridor along Biscayne Boulevard. • A land use change at this location may set a negative precedent and create a "domino effect" in regards to future land use change applications throughout this neighborhood. • MCNP Housing Policy HO-1.1.7 states the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. The proposed change will allow for intensive commercial development that is out of context and may negatively impact the surrounding residential neighborhood. • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Medium Density Restricted Commercial" future land use category allows residential structures up to a maximum of 65 dwelling units per acre. The amendment does not propose changing the maximum residential density. • MCNP Land Use Policy LU-1.1.3 (1) provides for the protection of all areas of the city from the encroachment of incompatible land uses; and (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety. The proposed amendment allows for the encroachment of incompatible land uses into a stable residential area. Commercial uses should be limited to the commercial corridor along Biscayne Boulevard. 2 • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvements Element. See the attached concurrency analyses. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The Miami 21 zoning designation currently approved on this parcel is T4-R — "General Urban — Restricted" and the proposed designation is T5-O — "Urban Center — Open". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. 3 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 09-00863Iu1 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 09/18/13 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez, Esq., on behalf of 3801 Biscayne Ltd. & 3801 Biscayne Corp. Address: 3801 Biscayne Blvd & 455 NE 38 St Boundary Streets: North: NE 39 ST East: NE 5 AV South: NE 38 ST West: Biscayne Blvd Proposed Change: From: Medium Density Multifamily Residential To: Medium Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.7900 acres @ 65 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.7900 acres @ 65 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name 51 DU's 33 0 sq.ft. 51 DU's 33 0 sq.ft. 0 0 0 0 Upper Eastside 308 E3 103 Biscayne Blvd RECREATION AND OPEN SPACE Population Increment, Residents Park within 10 Minute Barrier -free Walk % Population Outside of Barrier Free Walk A Excess Capacity After Change Concurrency Checkoff 0 Yes N/A N/A OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 See Note 1. See Note 1, WASD Permit Required SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 See Note 1. See Note 1. WASD Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2,3 a - g (See attachment 1) SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 800 800 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 0 0 E E OK NOTES: 1, Permit for sanitary sewer connection must be issued by Miami Dade Water and Sewer Authority Department (WASD), Excess capacity, if any, Is currently not known. Medium Density RestrlcledCommercial: Allow residential uses (except rescuemissions) to a maximum density equivalent to "Medium. Density: Multifamily Residential" subject to the same limiting conditions: transitory residential facilities such as hotels and motels:general office use; clinlos and laboratories commercial activities that generally serve the daily retailing and service needs of the publio, typically requiring easy access by personal auto, and often located along arterial or collector roadways which include: general retailing, personal and professional services, real estate, banking, restaurants, saloons and cafes, general entertainment facilities, private ciubes and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use Impacts are similar In nature of those uses described above, auditoriums, libraries, convention facilities, places of workship, and primary and secondary schools. .This category also Includes commercial marinas and living quarters on vessels as permissible. AtIoW max hekih 7 stories (height up to 25 ft for the ground floor and up to 14 ft for each additional floor CM_1_IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment Is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct, Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. FUTURE LAND USE MAP (EXISTING) Major Inst, Public Facilities, Transp And 0 Single Fami y - Residential alter Flanders House NE 39TH ST J Commercial edium Density coMultifamily w U Residential Lu z NE 38TH ST I 0 Medium Density LMultifamily /-_ Residential NE'37TH ST NE 36TH'ST Edgewate 150 300 NE 37TH S JULIA TUTTLE CSWY Restricted Commercial 600 Feet NE to w z Public Parks & Recreation Restricted Commercial ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST FUTURE LAND USE MAP (PROPOSED) Major Inst, Public Facilities, Transp And 0 Single Fami y - Residential alter Flanders House NE 39TH ST Ln a \ I W Z c* ediumDensity J Commercial coRestricted � u.i U Commercial L z NE 38TH ST I Vi Medium Density ensity LMultifamily /— Residential NE'37TH ST NE 36TH'ST Edgewate 150 300 NE 37TH ST JULIA TUTTLE CSWY Restricted Commercial 600 Feet NE to w z Public Parks & Recreation Restricted Commercial ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST _ ,t�t,l�lllllll(11�I� MDDRS alter Flanders House 7ti NE 39TH,ST I vie NE 371,TH-ST p� �"'NE.37.TH,ST�" JULTA TUTTLE CSWY JILJ1111'IUI ,r 1 NE38TH.ST • - NE,36TH ST 0 150 300 600 Feet ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST City of Miami Public School Concurrency Concurrency Management System Entered Requirements PLANN1VG;' 1, Via.2 P, Applicant Fields Information Application Type Public Hearing Application Sub -Type Z Zoning Application Name * Ben Fernandez, Esq. on behalf of 3801 Biscayne Ltd. Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com Application Address * 200 S. Biscayne Blvd., Suite 850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez, Esq. Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GI)G,ax u_,ci,iii.6lni.flis Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3219-01 1. 0 34 0 Additional Folio Number Total Acreage * ±0.207 acres Proposed Land Use/Zoning * T5 Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units Total # of Units * 14 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already Improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS Is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units In the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * 1 A v `e.'r-ems Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner(s)/Attorney/Applicant Sig ature TIAt)toregoing was nowledged before me this 20 , by "cc-=; who is a(n) individual/partner/agent/corporation of individual/partnership/corporation, lie/She is personally known to me or who has produced as identification and who did (did„�iotQtake an oath. am li)' OEM' ' LLERENA MY CUMMI&SIUN # DD 060413 LXP* Ee: Mach 5, 2014 Deeded Thru Notary Public Underwriters 1 09 REL City of Miami Public School Concurrency Concurrency Management System Entered Regt it / 6 ? f" 2' 09 Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Ben Fernandez, Esq. on behalf of 3801 Biscayne Ltd. Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com BRZoningLaw.com Application Address * 200 S. Biscayne Blvd., Suite 850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez, Esq. Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email QI)< yt@ci..inia1J i.Ji... . Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * A, 3;,, \ t 01 f 04 ao Additional Folio Number Total Acreage * 10.586 acres Proposed Land Use/Zoning * T5 Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * Total # of Units * 39 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights: or for an already Improved property which does not have to be re -platted as deemed by the local government. The number of units to be input Into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example; an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * 0 ei `.'e'1 V `W1 6 Owners)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADS 0. ner(s)/Attorney/Applicant Sign, "FA foregoing s acknowledged before me this day o 20 \ 9 , by r �Fer who is a(n) individual/partner/agent/corporatio f '' r f,P.TO 'I 'yy ('.n0414..d1- individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) BETTY LLERENA MY COMMI&SIQN p DO #60413 EXPIPlEi3, *tab 5,'414 • Bonded Thru Notary Public) Underwriters BERCOW RADELL FER NAN DEZ ZONING, L.ANID USE AN® ENVIRONMENTAL LAW VIA HAND DELIVERY July, 12, 2013 Mr. Anel Rodriguez City of Miami Hearing Boards 444 SW 211C' Ave 3rd Floor Miami, FL .33130 RE: 3801 Biscayne Corp. and 3801 Biscayne Ltd. - Application for Land Use Change and Rezoning - 3801 Biscayne Blvd. and 455 NE 38th Street, Miami, Florida Dear Mr: Rodriguez: This law firm represents 3801 Biscayne Corp. and 3801 Biscayne Ltd., (the "Applicants") with respect to the enclosed application for Amendment to the Comprehensive Neighborhood Plan and the enclosed application for Amendment to the Zoning Atlas. This letter shall serve as the applicant's letter of intent in support of the enclosed applications. Please contact me should you have any questions regarding this application. Thank you for your attention to this matter. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM COMPREHENSIVE PLAN APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-20 www.miamigov.com/hearing boards w -.10 Welcome to the City of Miami! This application is intended to serve as a guide in astin 0u with our public hearing process. Please feel free to contact us, should you have any st a am:. There is no deadline to submit this application as it is presented semi-annually to theTlan:t"iing, Zoning and Appeals Board and the City Commission. The application submittal dote isthe date stamped by Hearing Boards' staff on this page. The responses to this applicion thust 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 (8Y2x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of 3801 Biscayne Ltd. and 3801 Biscayne Corp. 2. Subject property address(es) and folio number(s): 3801 Biscayne Boulevard (01-3219-011-0340) and 455 NE 38t" Street (01-3219-011-0400) 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%x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application, 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. 18. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2012 2 COMPREHENSIVE PLAN APPLICATION 19. What is the acreage of the project/property site? ±0.586 acres 20. What is the purpose of this application/nature of proposed use? Mixed -use 21, Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3" Floor for information. No. 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No. 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. ca 24. What would be the anticipated duration of the presentation in front of the: (O A(' 0 Planning, Zoning and Appeals Board 5 hours and/or CI City Commission 1`L u" . ,1",\11.3 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package *Fees over $ Signature Name Ben Fernandez, Esq. Telephone 305-377-6235 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 d in the form of a certified check, cashier's check, or money order. Address 200S. Biscayne Blvd., Suite 850 Miami, FL 33131 E-mail BFernandez(a BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1., day of July, 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to mQ or who has produced as identification and who did (did not take an (Stamp) BEM' LLERE MY COMM:881 N # 00 60413 EPWS: *rah, 2014 Llnnded Thru Notaryblln Ui rwrlters Sig ele ature % Rev, 07-2012 3 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, 0 including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4, That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of July, 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oa, (Stamp) BETr( LLERENA MY COMMISSION # OD 060413 C'XP lES: Weil 0, 2014 Snarled Thai Notary Public Underwriters irtNAKIIWNFAM Signature Rev. 07-2012 4 COMPREHENSIVE PLAN APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Percentage of Ownership 3801 Biscayne Ltd. and 3801 Biscayne Corp. 3801 Biscayne Corp. 1% (Ron Bloomberg 33.4%, Richard Berger 33.3%, Kevin Coy 33.3%) Ron Bloomberg 30%; Richard Berger 30%; Kevin Coy 30%; Robert Besely; 5%; Luis Correa 2%0; Ali Bazzi 2% 3801 Biscayne Corp. 75% (Ron Bloomberg 33.4%, Richard Berger 33.3%, Kevin Coy 33.3%) Steve & Michelle Schmidt 25% Subject Property Address(es) 3801 Biscayne Boulevard, and 455 NE 38th 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): Legal Description(s): N/A Ben Fernandez, Esq. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE N/A Owner(s) or Attorney Sign., ure The foregoing was acknowledged before me this [ day of July, 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an o (Stamp) = MY COMMISSION p 1320 BondedEt h Notary Public f writers Rev. 07-2012 5 Exhibit A LEGAL DESCRIPTION All of Lots 40, 41, 42, 43, 44, 45 and 4 , except that portion of Lot 40, lying within the right-of-way of Biscayne Boulevard, MAGNOLIA PARK, according to the Second Amended Plat thereof, recorded in Plat Book 5, at Page 2 , of the Public Records of Miami -Dade County Florida. And less the South 2,26 feet thereof endless that part, of Lots 40 and 41 lying Southwesterly of a curve concave to the Northeasterly, having a radius of 26 feet and Northerly end of said curve being tangent to the Easterly right»of wway line of Biscayne Boulevard and the Easterly curve being tangent to a line 2,26 feet North of and parallel to the South line of Lot 40 and Lot 41,Miami-Dade County, Florida. aikte 3801 Biscayne Boulevard, ii rnf, FL 33137 and Lot 47 of SECOND AMENDED PLAT OF MAGNOLIA: PARK according to the Plat thereof, as recorded in Mat Boob 5 at Page 25 of the Public Records of Miami -Dade County, Florida, less right-of-way over the South 2,25. feet of said Lot a/k/a 455 NE 38 Street, Miami, FL 33137 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) I-IOMEADDRESS: 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) 9'78-2866 EMAIL: BFernandez@BRZoningLaw.com FAX: (305) 377-6222 BUSSINESS or APPLICANT or ENTITY NAME 3081 Biscayne Ltd. and 3801 Biscayne Corp. BUSINESS ADDRESS: 309 - 23rd Street, Suite 300 (Address Line 1) Miami Beach, FL 33139 (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. Rezoning of the properties located at 3801 Biscayne Boulevard and 455 NE 38th Street. "1' 18l\3 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES X NO If your answer to Question 2 is, No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc, No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. N/A ► b,N/A c. N/A * Additional names can be placed on a separate page attached to this form, 4. Please describe the nature of the consideration, N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A N/A ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice 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: I. the application or order, as applicable, shall be deemed effect; and 2. no application from any perso► _ii' entity for the same considered by the applicable e'oard(s until expiration of nullification of the applicatio or orde / PERSON SUBMITTING DISCLOSURE: to circumvent Ordinance; by void without iss p r3d the disclosure requirements of and that in addition to the criminal the City Commission that the foregoing further force or :, shall be reviewed or of one year after the Ben Fernandez ignature Print Name .__. to me ,S1Po1',) to c719(/ subscribed before i-ne this --- --_ -- 1% Of IA instrument was acknowledged before Ile by T as identification and'or is personally known ,e ,-------. le',foregoing 4��----' who has produced and who cdlcliiicl not take an oath. . SPATE OF FLORIDA CITY OF MIAMI MY COMM SION Note EXPIRESl� y ''u-'' Print Narnel �4j ., .: ,, tot 11X i ,, D woos Page 2 Doc. No,;8G5=13 , i' il,k. .�: andnar! Thin Nattily Public U hors 111111111111111111111111111111111111111111111 CFN 20O5RO5 j 8=reI 2 0R Bit 23396 Ps 004B (ipg) RECORDED 05/20/2005 102049 DEED DOC TAX 6r600.00 SURTAX 4r950.O0 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA LAST PAGE WARRANTY DEED THIS WARRANTY DEED made and executed the /71,° day of May, 2005, by JULIO MARTINEZ, a single man, hereinafter called grantor, to 3801 BISCAYNE CORP., a Florida corporation, (as to an undivided forty percent interest) whose address is 420 Lincoln Road, No. 448, Miami Beach, Florida 33139 and STEPHENSCHMIDT and MICHELE SCHMIDT, husband and wife, (as to an undivided sixty percent interest) whose address is 1 Cypress, Hollidaysburg, PA 16648, hereinafter called the grantee: WITNESSETH; That the grantors, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, by these presents do grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in MIAMI- DADE County, Florida, viz: Tax Folio No. 01-3219-011-0400 Lot 47 of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Book 5 at Page 25 of the Public Records of Miami -Dade County, Florida, less right-of-way over the South 2.25 feet of said Lot This conveyance is subject to the following: 1. Real Property Taxes for the year 2006 and subsequent years, 2. Conditions, restrictions, limitations and easements of record, without the intention of reimposing the same. TOGETHER with all the tenements, heredltarnents 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 he is lawfully seized of said land in fee simple; that he has good right and lawful authority to sell and convey said land; that he 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. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the sence preoL • S' 1- ATUU •E�,� �l�6lna_ y: ULis ARTINEZ Addres-' 24'6 W. E^^ PI(,u4 ANT NAM HowIG41-.fi L. 3.30�4� NATU E�� PRINT NAME STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JULIO MARTINEZ, a single man, personally known to me or who has produced Vt.-Pe 4-. as identification, and who has taken an oath, executed the foregoing instrument and acknowledged before me that he executed the same. , 2005. WITNESS our hands and official seals In the County and State last aforesaid this II day of MA5 NOTARY PUBLIC STATE FFLORIDA, PRINT NAME: This Instrument was prepared by: STRATTON & FEINSTEIN, P.A. 407 Lincoln Road, Suite 2A Miami Beach, Florida 33139 My Commission Expires: Book23396/Page48 CFN#20050518802 Page 1 of 1 (Cr',R;C f:4o 20997PG0020 Property Appraiser's Parcel Identification No. 01.3219.011.0340 Return to; Donald M. Klein, Esquire Name Kline, Moore S Klein, P.A. Address 2665 South Dayahore Drive, Suite 903 Coconut Grove, FL 33133 Thls Instrument was prepared by: Name Jeffrey C. Roth, Esquire Roth & Scholl Address 1600 San Remo Avenue, Suite 176 Coral Gables, FL 33146 0-3F0r 7 6 100 201)3 FEB 04 16:06 D0C$T1'DEE 22050,00 BUM t49762.50 HARVEt' RUt11Nr CLErK DACE C'OUNT'1► FL Grantee FEW Applied tor Name - 3601 Biscayne Corp, (Space above this line for recording data) WARRANTY DEED THIS INDENTURE Is made this 3ayof February, 2003, between National Association of Chiefs of Police, Inc., a Florida non-proflt corporation, American Federation of Police and Concerned Citizens, Inc., a District of Columbia non-profit corporation, Venerable Order of Knights of Michael The Archangel, Inc., a Florida non-profit corporation and Florida Crime Prevention Commission, Inc., a Florida non-profit corporation, 3801 Biscayne Boulevard, Miami, FL 33137, grantor, and 3801 Biscayne, Ltd., a Florida limited partnershlp, whose address is 420 Lincoln Road, Suite 448, Miami Beach, FL 33139, grantee. WITNESSETTH that said grantor, for and in consideration of the sum of Ten & 00/100 ($10.00) Dollars, 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 successors and assigns forever, the following described land, situate, lying and being In Miami -Dade County, Florida to -wit, All of Lots 40, 41, 42, 43, 44, 45 and 46, except that portion of Lot 40, lying within the right-of-wayof Biscayne Boulevard, MAGNOLIA PARK, according to the Second Amended Plat thereof, recorded In Plat Book 6, at Page 25, of the Public Records of Miami -Dade County, Florida. And less the South 2.25 feet thereof and less that part of Lots 40 and 41 lying Southwesterly of a curve concave to the Northeasterly, having a radius of 25 feet and Northerly end of said curve being tangent to the Easterly right-of-way line of Biscayne Boulevard and the Easterly curve being tangent to a Tine 2.25 feet North of and parallel to the South line of Lot 40 and Lot 41, Miami -Dade 'County, Florida. aik/a 3801 Biscayne Boulevard, Miami, FL 33137 r. AT, t -r 41 OA'xi` ft4 20997K0821 Subject to; comprehensive land use plans, zoning restrictions, prohibitions end other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 Ya feet in width as to the side lines, unless otherwise stated herein; provided, however, that nothing set forth herein shall serve to re -Impose any such plans, restrictions, prohibitions, conditions, easements or other requirements herein; taxes for the year 2002 and subsequent years; and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. ("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 written. Signed, 'sealed end delivered In presence el us; Witness: NATIONAL ASSOCIATION OF CHIEFS OF POLICE, INC., a Florida non-profit corporation By: DERRICK Bo VAN BRODE, IV, Director STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument was sworn to, subscribed and acknowledged before me this day of February, 2003, by DERRICK B. VAN f3RODE, IV, as Director of National Association of Chiefs of Police, I c,, a Florida non-profit corporation, who is personally known to me or who produced as as Identification, and who did take an oath. MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA Notary's printed name & address: AMERICAN FEDERATION OF POLICE AND CONCERNED CITIZENS, INC., District of Columbia non-profit corporation By: DERRICK B. VAN BRODE, IV, Director The foregoing Instrument was sworn to, subscribed and acknowledged before me this day of February, 2003, by DERRICK B. VAN BRODE, IV, as Director of American Federation of Police and Concerned Citizens, Inc., a District of Columbia non-profit corporation, who Is personally known to me or who produced 4- u WS-as identification, and who did take an oath, C--&X)SGe MY COMMISSION EXPIRES: r,\ NO ARY PUBLIC Notary's printed name & address: VENERABLE ORDER OF KNIGHTS OF MICHAEL THE ARCHANGEL INC., a Florida nonprofit corporation By: DERRICK B. VAN BRODE, IV, Director The foregoing Instrument was sworn to, subscribed and acknowledged before me this 34 day of February, 2003, by DERRICK B. VAN BRODE, IV, as Director of Venerable Order of Knights of Michael TheAcchane, Inc„ a Flo da non-profit corporation, who Is personally known to me or who produced tE--0\ Ptfl. tt) s Identification, and who did take an oath, LIc '&73SE: NO ARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: Notary's printed name & address: MY COMMON • 00156439 00118 4wembst 21, 2006 WNW THK1110Y NW INMAN% 114 464. 20997PG082t) FLORIDA CRIME PREVENTION COMMISSION, INC., a Florida non-profit corporation STATE OF FLORIDA COUNTY OF MIAMI-DADE) The foregolng Instrument was sworn to, subscribed and acknowledged before me this day of February, 2003, by DERRICK B. VAN BROM, IV, as Director of Florida Crime Prevention *omm1lon, Inc.,9 Florida non-profit corporation, who is personally known to me or who produced as identification, and who did take an oath. 0 ARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: Notary's printed name & address: doom IA xi* mYccMUISSIONI DDIX919 totrelt Ntworiter '4V,PNC.:4N lb 8 FOUND IRON PIPE 1/2" (NO ID) 12' ALLEY 198. 00(R&M) 66.00' 66.00' 66.00' • 77 PARKING S 77?, FOND NAIL 176, 17 PA ACES KING ING oao'EACH ACES 0 S O'EA PAC S 0' EA WING SPACES 0 0' EA:li 0 0 70' ,Lt Xe 5 66.00' 66 00' 66.00' FOUND NON PPE 1/2° jr (NO ID) 71 70. 00'(R:::.)1 aim° 26.00' - 17 26.00' 610 198. 00(R&M) ASPHALT PAYDIENT 6 N.E. 38th STREET 5' SIDEWALK OUBLE YELLOW LINE 2' CURB & 61177ER FOO4D IRON a 06 (114../ (NO 0) 70. 00'(R) z`•?; ASPHALT PAI,EMENT MANHOLE /-L- CURB & GUTiER ABBREVIATIONS: SAK--StOEVALK. CBS=CONCRETE BLOCK STRUCTURE. CL,CHAIN LINKFENCE_PL=PROPERTY LINE. DUE=ORAINAGE LMLrrr EASEMENT IP,RON PIPE F=FOUND. A/C=AIR CONDI-ROMER PAD. P/C=PROPERTY CORNEFL D/11=DRILLED HOLE. WF=WOODEN FENCE. RES=RESIDENCE, CL-OLEAR. RB=REBAR LI000111.JTY EASEMENT CO§C=CONCRErE SLAB. RA.RIGHT OF VAY. DE--ORATIAGE EASEMENT. Gt.-CENTER LINE, CIDIAMTER, TYP=TYROX. 1,1=MEASURED- R=RECOROED. ENCR=ENCROACHMENT COMP=COMPUTER.ASI•ASPHALT. NrD.NAIL & OISO. S=SET. FEE=FINISH FLOOR ELEVATION. 087OFF5ET.PiP,OINER POLE. 011,0vERtrEAD OVI.ERUNE. 1AM=V.TERMETER MASONRYNALL.=1111 ELEVATION BASED ON LOC. # 3245 coricRETE= I ' ' ' • ." 0 ' I cgm-, „ , NOT VAUD UNLESS EMBOSSED WITH MAINT.NANCE DRAINAGEEA.SEMENT=M LE T,'" , „ „ 2 TYPE OF SURVEY:BOUNDARY SURVEY SURVEYOR'S SEAL SURVEYOR'S NOTES: 7) OWNERSHIP SUBJECT TO OPINION OF TITLE. 2) NOT VALID vVITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 3) THE SURVEY DEPJC I EU HERE IS NOT COVERED By PROFESSIONAL LIABILITY INSURANCE 4) LEGAL DESCRIPTION PROVIDED BY CLIENT. 5) UNDERGROUND ENCROACHMENTS NOT LOCATED. 6) ELEVATIONS ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 7) OWNERSHIP OF FENCES ARE UNKNOVVN. 8) THERE MAY BE ADDITIONAL RESTRICTIONS Not SHOWN ON THIS SURVEY THAT MAY BE FOUND !UTNE PUBLIC RECORDS OF THIS COUNTY. 9) CONTACT THE APPROPRIATE AUTHORITY PRIOR TO ANY DESIGN WORK FOR BUILDING AND ZONING INFORMATION. o) EXAMINATION OF THEABSTRACT OF TITLE vOLLHAVETO BE MADETO DETERMINE RECORDED INS1RU14ENTS, IF ANY,AFFECTNGTHIS PROPERTY. a 511 REVISED: Additions or deletions to surveymaps or reports by other than the signing party or parties is prohibited without written consent of the sio-ni-ig party or parties_ BEARINGS WHEN SHOVVN ARE REFERRED TO AN ASSUMED VALUEOF SAID RE 5 PAGE 25 2— os 05 05 04 FOUND NAIL 0 LOCATION SKETCH SCALE: NTS NE 39th STREET a. I i 54 0 52 ' 4 14-a 0 0 0 PROPERTY ADDRESS: 455 N.E. 38TH ST., MIAMI, FL. 33137. LEGAL DES• CRIPTION: LOT; 44 45, 46 & 47 LESS THE SODTH 2.25 OF SECOND AMENDED PLAT OF MAGNOLIA PARK SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 25 OF THE PUBLIC RECORDS MIAMI-DADK COUNTY, FLORIDA BLOCK 1 HEREBY CERTIFY That the survey represented thereon meets the minimum technical requirements adopted by the STATE OF FLORIDA Board of Land Surveyors pursuant to Section 472.027 Florida Statutes. There are no encroachments, overlaps, easements appearing on the plat orvisible easements other than asshown hereon_ ADIS N. NUNEZ REGISTERED LAND SURVEYOR STATE OF FLORIDA #5924 SINCE 1987 BLANCO SURVEYORS INC. Engineers • (306) 865-1200 FLOOD ZONE: x PANEL: 011 83 DATE: SCALE: 7/9/13 1". 20' Land Surveyors • Planners • LB 80007059 555 NORTH SHORE DRIVE MIAMI BEACH, FL 33141 bloncosLrreyorsincgyohoo.com Fax: (305) 865-7810 tg SUFFIX: L DATE: 9 / 1 1 /09 BASE: N/A. C0MMUNm7M 120650 OWN. BY: JOB No _ Blanco - 13-549 07