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HomeMy WebLinkAboutPZAB 09-18-13 Supporting DocsFile ID: Title: Location: Applicant(s): PZABI3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 09-00863zc1 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 THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN ZONE - RESTRICTED TO "T5-O" URBAN CENTER ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3801 BISCAYNE BOULEVARD (T4-R PORTION ONLY) AND 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; 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 Purpose: This will change the zoning for a portion of-th-e above properties from "T4-R" to "T5-O". Item does not include a covenant. Planning and Zoning Department Recommendation: Denial. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: September 18, 2013 ANALYSIS FOR ZONING CHANGE Approximately 3801 Biscayne Boulevard and 455 NE 38 Street FILE NO 09-00863zc1 Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: Application requests: A change to the existing zoning classifications of the acreage described herein of selected real properties located at approximately 3801 Biscayne Boulevard and 455 NE 38 Street, Miami, Florida, from "T4-R" "General Urban — Restricted" Transect Zone to "T5-0" "Urban Center - Open" Transect Zone. The subject property .islocated within the Upper Eastside NET area and consists of lots 44, 45, 46, and 47 of Magnolia Park, as described in Exhibit "A" (Complete legal description is on file with the Hearing Boards Section), Review and analysis of the proposed application finds that: • The subject lots represents a portion of a larger parcel designated "T4-R" and "T6-12-L". • The eastern portion of the subject parcel is designated "T4-R" "General Urban- Restricted Transect Zones". • The proposed lots for rezoning currently contain a parking lot serving a commercial/office use on the T6-12-L zoned area. • The parking area represents a legal non -conforming use on the T4-R zoned lots. • The parking lot area immediately abuts residential uses to the east and north, which are respectively low rise multi -family to the east and single-family homes to the north. • The application request involves a rezoning of the aforementioned lots from "T4-R" to "T5-0". • Pursuant to Article 7, Section 7.1.2.8 (a) (3), the proposed rezoning meets the successional zoning requirement from T4-R to T5-0. • A change to T5-0 will allow for entertainment establishments, food service establishments, alcohol beverage service establishments, auto -related commercial establishments, general commercial uses, hotels, inns, marine related commercial establishments, open air retail, place of assembly, recreational establishment, educational uses, civic uses, except regional activity complex, civic support uses, except rescue mission and major facility, such as hospitals and cemeteries. • The proposed rezoning to T5-0 will be incompatible within the T4-R established residential area immediately to the east and north of the subject property. Thus, the rezoning request represents a clear commercial intrusion within the residential area. • The proposed rezoning also would eliminate the existing zoning buffer between the residential uses that immediately abuts the parcel on the east and north from the portion of the parcel occupied commercial/office use, which the T4-R Transect Zone does not allow. • The requested zoning designation of T5-0 is inconsistent with the current Comprehensive Neighborhood Plan (MCNP) designation of "Medium Density Multifamily Residential" and would require a Future Land Use Map (FLUM) amendment to "Low Density Restricted Commercial". Based on the aforementioned findings, the Planning and Zoning Department recommends denial of the proposed rezoning as presented. Analysis for ZONING CHANGE File ID: 09-00863zc1 Yes No N/A. ❑ /1 ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ El❑ b) The proposed change is in harmony with the established land use pattern. I ❑ ❑ c) The proposed change is related to adjacent and nearby districts. ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ❑ /1 ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ❑ ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ❑ /1 ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ❑ ❑ h) The proposed change positively influences living conditions in the neighborhood. ❑ ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ❑ ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. ❑ ►1 ❑ k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. ❑ /1 ❑ I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ❑ ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ❑ ❑ o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ C. ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. 0 MIAMI 21 ZONING MAP (EXISTING) NE'37TH ST - pt‘vj. 150 300 alter Flanders House NE 39TH ST 600 Feet NE 37.TH,ST JULIA TUTTLE CSWY T6-36A-L ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST 0 NE'37TH ST 150 M IAM 121 ZONING MAP (PROPOSED) 300 alter Flanders House NE 39TH ST NE,38TH ST 600 Feet NE 37,TH,ST JULIA TUTTLE CSWY T6-36A-L 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 iBERCOW RADELL .FER NAN ZONING, LAN ID USE ANr EN 'RGINMENTAL LAW VIA HAND DELIVERY July, 12, 2013 Mr, Anel Rodriguez City of Miami Hearing Boards 444 SW 211d Ave 3r'd 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 REZONING APPLICATION RECEIVEO PLANNING DEPAR PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 3052 18 .1(3d 8 PM tt 36 www.miamiqov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make .a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8'/2x11") or Otherr 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. Rev. 07-2012 REZONING APPLICATION a.�e3 17. What is the acreage of the project/property site? +&6-°acres Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning 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 38th Street (01-3219-011-0400) 3. Present zoning designation(s): T4-R and T6-12L 4. Proposed zoning designation(s): T5-O (for the T4-R portion only) 5. Per Miami 21, Article 7.1.2,8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 81/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. 7. 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. 8. 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. 9. At least two photographs showing the entire property showing land and improvements. 10, Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. 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. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. ctR\1 Rev. 07-2012 REZONING APPLICATION 1'8. What is the purpose of this application/nature of proposed use? To allow mixed use 9. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No. 20. Is the property the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No. 21. What would be the anticipated duration of the presentation in front of the: El Planning, Zoning and Appeals Board 20 minutes and/or Li City Commission 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice '10 1\\-Ao $ .50 $ 2,500.00 CI -HD: $ .70 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 f. Meeting package mailing fee •;-r package *Fees over $2 000.,@i0, shall Signature Name Ben Fernandez, Esq. Telephone 305-377-6235 $ 6.00 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(cr7BRZoninQLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this n". 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 pers onall.\r known tome or who has produced as identification and who did (did not) take an • th. (Stamp) BETTY u.ERENA MY COMMISSION # ©0 PS0413 rXw ;8: Marsh S, 2014 enclod Thni Notary Public Undonvdters kir Sig(atur Rev. 07-2012 4 REZONING 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: 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 n 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 rr�e or who has produced as identification and who did (did no t ake aoa (Stamp) H, et l 'Y u.FRENA MY COMMISSION # 00 060413 0onded ThnNo ary llo Underwriters Signa Rev. 07-2012 REZONING APPLICATION DISCLOSURE OF OWNERSHIP . 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 necessa 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%i Robert Besely; 5%; Luis Correa 2%; Ali Bazzi 2% 3801 Biscayne Corp. 75% (Ron Bloomberg 33.4%, Richard Berger 33.3%, Kevin Coy 33.3%) Steve & Michelle Schmidt 25% 3801 Biscayne Boulevard, and 455 NE 38th Street Owner's Name(es) Percentage of Ownership Subject Property Address(es) rY• 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): N/A Legal Description(s): N/A Ben Fernandez, Esq. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Owner(s) or Attorney Signatu The foregoing was acknowledged before me this dayof 2013 byBen Fernandez, g g g July, 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 a deg jf:_wAlLguicid who did (did not) take an oat (Stamp) x OE` MY COMMISSION # OD 6p413 EXPIRES: Wall$, 2014 Nonaed Thru Notary Public Underwriters Signa RC,'. 0'-2012 3801 Biscayne Ltd. 3801 Biscayne Corp. 3801Biscayne Boulevard and 455 NE 38th Street Miami 21 Analysis pursuant to Article 7.1 The property is part of a larger commercial mixed -use property that abuts Biscayne Boulevard and the intersection of Biscayne and North E. 38th Street. The property is also located on the off ramp of the Julia Tuttle Causeway which connects to Biscayne Boulevard. The area within a half mile radius of the property is primarily comprised of restricted commercial land medium density restricted commercial land and medium density residential land. There is no single family designated land within a three hundred foot radius of the property. The rezoning and re - designation of the property would allow the property to be utilized as a structured parking area for the uses along Biscayne Boulevard. This is particularly appropriate given the advent of the special area plan within the design district and the proximity of this property to the intersection of major section line roadways. This will improve transit oriented development at this intersection furthering Miami 21 or Article 2.1.2 B4. The proposed change would also be successional, furthering the intent of the transect principles described in Article 2.1.3 of Miami 21. Enclosed is an aerial photograph of the area and photographs of development within 300 feet of the property. Exhibit A LEGAL DESCRIPTION AU of Lots 40, 41, 42, 43, 44, 45 and 46, 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 6, at Page 25, of the Public Records of Miarni.Dade County, Florida, Arid 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 rightof.way 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, Miaml-Dade County, Florida. Ate 3801 Biscayne Boulevard, Miami, FL 3313'7 and Lot 47 of SECOND AMENDED PLATOF MAGNOLA PARK, according to the Flat thereof, as recorded in Plat ook 5 at Page 25 of the Public Records of Miami -Dade County, Florida,. less right-of-way over the South Z25 feet of said Lot a/k/a 455 NE 38 Street, Miami, FL 33137 111111111111111111111111111111111111111111111 DR 8k 23396 Ps 0048f lips, RECORDED 0$/20/2005 14:20149 DEED DOC TAX 6,600.00 SURTAX 4e950,01 HARVEY RUVIHe CLEM',, OF COURT MIAMI-DADE COUHTYr FLORIDA LAST PAGE THIS WARRANTY DEED made and heTY ®EED day of May, 2005, by JUO MARTINEZ, a single man, hereinafter called grantor, to 380)�CAYNE CORP., a Florida corporation, (as to an undivided forty percent Interest) whose address Is 420 Lincoln Road, No, 448, Miami ?each, Florida 33139 and STEPHEN SCHMIDT 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 2005 and subsequent years. 2. Conditions, restrictions, limitations and easements of record, without the intention of reimposing the same, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same In fee simple forever. AND the grantor hereby covenants with said grantee that he is lawfully seized of saidland 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 presence of:� SIGI TUBE 4— Gf c�- r EZ Addres•' 2�¢G W, ?M P( PR(NTNAM E r N,a�IGaC Yt.33014, 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 produced who has taken an oath, executed theforegoing instrument and acknowledged before me that he ----- � I—t=-------_ as Identification, and executed the same. WITNESS our hands and official seals In the County and State last aforesaid this JL day of f.AR5 , 2005, NOTARY PUBLIC STATE OF0 RI(]A L_ PRINT This Instrument was prepared by:AME: --] a✓ STRATTON & FEINSTEIN, P.A. 407 Lincoln Road, Suite 2A Miami Beach, Florida 33139 My Commission Expires: Book23396/Page48 CFN#20050518802 Page 1 of 1 Properly Appralsor's Parcel Identification No. 01.3219. )11.0340 Return to: Donald M. Klein, Esquire Name Kline, Moore & Klein, PA. Address 2665 South 13ayshore Drive, Suite 903 Coconut Grove, rL 33133 Thls Instrument was prepared by: Name Jeffrey C. Roth, Esquire Roth & Scholl Address 1500 San Remo Avenue, Suite 176 Coral Gables, FL 33146 0.3R0761130 2003 FEB 04 16:0d 0OC•STPDEE 22 350.00 SURTX 16F762.50 HARVEY RUVIN, CLERK DACE COUNTY, FL Name - 3801 Biscayne Corp, [Space above this line for recording data) WARRANTY DEED THIS INDENTURE Is made this ay of February, 2003, between National Association of Chiefs of Police, Inc„ a Florida non-profit 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, rantor, and 3801 Biscayne, Ltd., a Florida limited partnership, whose address is 420 Lincoln Road, suite 448, Miami Beach, FL 33139, grantee. WITNESSETH 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 rantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said rantee, and grantee's successors and assigns forever, the following described land, situate, lying nd 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 5, 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 line 2,25 feet North of and parallel to the South Ilne of Lot 40 and Lot 41, Miami -Dade 'County, Florida, a/k/a 3801 Biscayne Boulevard, Miami, FL 33137 4 20997PG0821 Subject to: comprehensive land use plans, zoning restrictions, prohibitions and 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 A 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, es Context requires). IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first written, Signed, sealed and delivered In proeence al uo: NATIONAL ASSOCIATION OF CHIEFS OF POLICE, INC., a Florida non-profit corporation tk By: DERRICK t3, VAN ERODE, 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 BROM, 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 z o �,Tsf� es Identification, and Who did take an oath. PUBLICNOTARY MY COMMISSION EXPIRES: Notary's prrintedame & add essORIDA ANERkCANFEDERATION OFPOLICE AND CONCERNED CITIZENS. INC,, District of Columbia Don-pnoDtcorporation Director STATE OF ' COUNTY OFP/.-"/day of February, 2003, by DERRICK B. VAN 13RODE, IV, as Director of American Federation of Policeand Concerned Citizens, Inc,, a District of Columbia non-profit corporation, Wholspersonally known to me or who produced — f V EW�as Identification, and who did take an oath. \ "'*NO ~'^"''"°^'° ' . Notary's printed name &address: ^ W(inesl; L (*TLC V,. 20997PC0323 VENERABLE ORDER OP KNIGHTS OF MICHAELTHEARCHANGEL INC„ a Florida non-profit corporation 'liztNTht By: DERRICK B V N RODE IV Director The foregoing instrument was sworn to, subscribed and acknowledged before me this 5r" day of February, 2003, by DERRICK B. VAN ERODE, IV, as Director of Venerable Order of Knights of Michael The,Qtchan $e,�I, Inc„ a Flo da non-profit corporation, who Is personally known to me or who produced wig Dist, Li) k- s Identification, and who did take an oath, C &7 NO ARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: Notary's printed name & address: Deeald M. &In MYco/463SM0 co15E49 E tES Nowemberzt, 2006 FLORIDA CRIME PREVENTION COMMISSION, INC., a Florida non-profit corporation dal,,j7i The foregoing Instrument was sworn to, subscribed and acknowledged before me thls,5A40 day of February, 2003, by DERRICK B. VAN 13RODE, IV, as Director of Florida Crime Prevention tom slon, Inc.,.9 Florida non-profit corporation, who Is personally known to me or who produced ti)11,72(5' , as Identification, and who did take an oath. (f) 0 ARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: Notary's printed name & address: tow itstIn ktYtommisvotio tvi5se.9 oroams Ntvemter N.• zusoi: .4rprc, :48 , 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 (First Name) Fernandez (Middle) (Last Name). HOME ADDRESS: 200 South Biscayne Boulevard CITY: Miami (Address Line 1) Suite 850 (Address Line 2) STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 FAX: (305) 377-6222 EMAIL: BFernandez@BRZoningLaw com BUSSINISS 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. L a ( c3 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 j 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 a, N/A Address Phone# b, N/A c. N/A Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A N/A ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or-civil_penalties-that-may-be-imposed-rnfier the CITCode, 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 perso considered by the applicable nullification of the applicatio PERSON SUBMITTING DISCLOSURE: Doc. No.:86543 entity for the same,iss shall be reviewed or until expiration of<'p�ri!.d of one year after the gna ure Ben Fernandez Sworn to and siil)scribed before me this /nstrum 'r 1l Print Name tray acknowledged zvv the ,foregoing be/nr•c me big has proAced as identification andor is personally ltno1 to me and who diddid not take an oath. STATE OF FLORIDA CITY OF heat llV'Il MY COMM .' i1ON� EXPIRES p'� L,nclosure(s) Nolan)/ PnntNameEtta t NA � ION #Bn s(G141; iwad rhrti NoitiryUndmwm- 014 Public Page 2 P Applican AN ame, Applicant Email Address NG REFERRAL Pre -Application Meeting Assisted Living Facility ❑ Principal Frontage ❑ Other: Date -a.ci cue\ ('4° (.5` 3t).41O1\ oL-t®O Folio Number Applicant Phone Number Project Street Address TO BE COMPLETED BY THE OFFICE OF ZONING Transect Zone Summary of Request Referral issu, CITY OF MIAMI OFFICE OF Z. O N I N G Ph: 305-416-1499 444 SW 2nd Ave 4th Floor Miam , FL 33130 www.miamigov coin/zoning an„ ke,-1 1119g19r11 PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING RE -ZONING 3801 Biscayne Boulevard 3801 BISCAYNE BOULEVARD PR-13-081 ZONING DESIGNATION:T4-R NET DISTRICT: UPPER EASTSIDE 7.18.13 The project is subject to review and compliance with the requirements of all City departments, as applicable. The following comments were generated based the Pre -application meeting of July 17, 2013 and are intended to assist and expedite permit applications based on the applicant's voluntary modifications of the project / plans suggested herein. This application has been reviewed for the following permit: o Re -zoning, pursuant to Article 7, Section 7.1.2.8 (a) (3) and (c) (1) allows the request of a zoning change from T4-R to T5-0. The following comments should be addressed: 1. Along with the re -zoning request, this application also requires a Land Use change. The applicant needs to apply for the Land Use change with the re -zoning. The applicant may contact Harold Ruck at 305.416.1424 within the Planning and Zoning Department concerning the specific Land Use change required with the zoning change. 2. The applicant may need to provide School Concurrency. You may also contact Harold Ruck at 305.416.1424 to confirm if School Concurrency is required. If so, the applicant maycontactGary-Gay-at 305.416 1-416-within-the-Planning and Zoning Department concerning the reservation of School Concurrency. Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. ** Please note that the Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. FOUND WON PIPE 1/2 . (NOID) e-, j 9' GRASS 5' GRASS I2'ALLEY - 198, 00(R&1vl) 198.00'(R&M) ASPHALT PAVEMENT N.E. 38th STREET NOT VALID UNLESS EMBOSSED WITH SURVEYOR'S SEAL REVISED: 5' SIDEWALK -DOUBLE YELLOW LINE 5' SIDEWALK 0 FOUND WOLt 70:00'(R&M) /(ND ICJ 2' CURB & GUTTER FG.� •D )RG± ° (yo o/ 70.001R) MANHOLE ASPHALT PAVEMENT Vie- CURB & GLITTER ABBREVIATIONS: S;,0=SI➢EWAUt. CBS=CONCRETEBLOCHSTRUCTORE CIFx/AIN LIM(FENCE,RL=PROPERTI UNE. DUE=DRAINAGE UnLRY EASEMENT IP=IRON PIPE. F=FDUNO. NC=AIR CONDITIONER PAD. FfC=PROPERTY CORNEA DM=DRILLED HOLE. V.MF=NOODEN FENCE. RE9RESIDEN E. CL-CLEAR. RO=REBAR. UE=UTILRY EASEMENTCONC=CONCRETE SLAB. RMFRIGHT OF V Y OE=DRAINAGE EASEMENT CIL NTER UNE D=:SAW/ER. T1P=YPICAL. M=MEASORE0. R=RECDRDEO. ENCR=ENCRDACHMEN . COMP=COMPUTER ASK -ASPHALT. N;O=NAL 8 DISC. S=SET FEE=FINISH FLOOR ELEVATION. OIS=OFFSET. P,P=POPERPOLE. OHP=OVERHFADPON1RLINE.NM=NATERMETER -VA000 FENCE= MASDNR.vgu-1 I { I I r ) I I I ELEVATION BASED ON LOC. # 3245 CONCRETEICE AINA..--.SEMEN,: CB(�-;: P-141 ELV.10.92'TYPE OF SURVEY: BOUNDARY ➢URVEY MAk,'rENANCE80RAiNAGEEASEMFNT Mhp.E n SURVEYOR'S NOTES- 1) OWNERSHIP SUBJECT TO OPINION OF TITLE 2) NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3) THE SURVEY DEPIC ILL/ HERE 15 NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE 4) LEGAL DESCRIPTION PROVIDED BY CLIENT 5) UNDERGROUND ENCROACHMENTS NOT LOCATED. 6) ELEVATIONS ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929_ 7) OWNERSHIP OF FENCES ARE UNKNOWN- B) THERE MAY BE ADDITIONAL RES I EOCTIONS NOTSHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 9) CONTACTTHE APPROPRIATE 'AUTHORITY PRIOR TO ANY DESIGN WORK FOR BUILD NG AND ZONING INFORMATION. 10) ENAMINATION OF THEABSTRACT OF TITLE WILL HAVETO BE MADETO DETERMINE RECORDED INSTRUMENTS, IFANY,AFFECTINGTHIS PROPERTY. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the si°rting party or parties. EARINGS WHEN SHOWN ARE REFERRED TO AN ASSUMED VALUEOF SAID .PB- 5 PAGE 25 LOCATION SKETCH SCALE: NTS ,N.E. 39th STREET J). 54 53 52 51 I 50 49 • OI I . C 1 / 41 42 43 j4/ .4 -v'ri,4 ME. 38th STREET 20 N PROPERTY ADDRESS: 455 N.E. 38TH ST., MIAMI, FL. 33137. LEGAL DESCRIPTION: LOTS 44 45 - 46 & 47 LESS THE SOUTH 2.25' OF SECOND AMENDED PLAT OF MAGNOLIA PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 OF THE PUBLIC RECORDS MIAMI-DADE COUNTY, FLORIDA BLOCK SUBDIVISION AT PAGE 25 i HEREBY CERTIFY That the survey represented theteon meets the minimum technical requirements adopted by theSTATE OF FLORIDA Board of Land Surveyors pursuant to Section 472.027 Florida Statutes. There encroachments. overlaps, easements ppear gAon the plat or visible easements other than a _shown (305) 865-1200 ADIS N. NUNEZ REGISTERED LAND SURVEYOP, DATE, SCALE: STATE OF FLORIDA#5924 7/9/13 t•=20' SINCE 1987 ; BLANCO SURVEYORS INC. Engineers • Land Surveyors • Planners • LB # 0007059 555 NORTH SHORE DRIVE MIAMI BEACH, FL: 33141 Emcril-sancost;vey„rslnoCyaboo.com Fax: {305) 865-7810 fg FLOOD ZONE % PANEL: 0183 S • L.. DATE: 9 11 09 BASE: N. A COMMUTY#' 120650 DWN. BY: JOB No F. Blanco _ - 13-549 Ire