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HomeMy WebLinkAboutR-00-0848J -00-715(b) 9/19/00 RESOLUTION NO. 00— 848 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 614.3.7.1, OFFSTREET PARKING AND LOADING, TO WAIVE 54 OF THE REQUIRED 434 PARKING SPACES, FOR THE POPERTY LOCATED AT APPROXIMATELY 185 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART OF HEREOF, SUBJECT TO A TIME FRAME OF TWELVE MONTHS IN WHICH TO' PULL A BUILDING PERMIT. WHEREAS, the Miami Zoning Board at its meeting of July 24, 2000, Item No. 1, following an advertised public hearing, adopted Resolution No. ZB 2000-0342 by a vote of five to four (5-4), denying a request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 614.3.7.1, to waive 54 of the required 434 parking spaces hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds that the stated grounds for the appeal and the facts presented in support thereof do justify reversing the decision of the Zoning Board, and granting of the variance; S 1 4' iu kfyt f CITY COMMISSION MEETING OF SEP 2 8 2000 Resolution No. 0 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby grants the appeal, reverses the decision of the Zoning Board (Resolution No. ZB 2000-0342, adopted July 24, 2000), thereby granting the variance to waive 54 of the required 434 parking spaces, for the property located at approximately 185 Northwest 13"' Avenue, - Miami, Florida, legally described as shown in "Exhibit A" attached hereto and made a part hereof, subject to a time frame of twelve months in which to pull a building permit. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayorl/. �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 0®— $48 0 PASSED AND ADOPTED this 28th • day of September , 2000. in accordance with Miami Code Sec. 2-36, since the Mayor did noViWAbaW pf MAY UR this legislation by signing it in the designated ce provided, ; id legislation now becomes effective with the elapse of ten 10) d from the d of ommi si ro regarding same, without the Mayor ex cis vel_ d 'A Walter ,f Aman, City Clerk ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED ASS11 T FORM AMD CORRECTNESS. P4605. J . R V .L`'AREb'L'O`-/�ql TEY ' YMT:nr:BSSS Page 3 of 3 0G-- 848 18 8 4 r��.�; EXHIBIT "A" LEGAL DESCRIPTION Lots 6 through 15, Block 60, less the North 10 feet thereof, of LAWRENCE ESTATE LAND COMPANY'S SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2, Page 46, of the Public Records of Miami - Dade County, Florida. RECORDED W pFFICIAL RMROSS001( or WE =uNTY, FLOROA. REi.OP^ vFRIPEO HARVF� RUVI v 'LZFK cvp=T COURT mmmml ZONING FACT SHEET PZ -4 Case Number: 2000-0335 24 -Jul -00 Item No: 1 Location: Approxi 185 NW 13 Avenue Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Rayos Del Sol Michael D. Wohl 9400 S. Dadeland Blvd. #100 9400 S. Dadeland Blvd. #100 Miami, FL 33156 Miami, FL 33156 App. Ph: (305) 854-7100 Rep. Ph: (305) 854-7100 ext Rep. Fa ext Zoning: C-1 Restricted Commercial SD -14, 14.1, 14. Latin Quarter Commercial -Residential, & Residential Districts Request: Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 614.3.7.1, SD 14 Offstreet Parking and Loading, to waive 54 of the required 434 parking spaces. Continued from Zoning Board Hearing of June 5, 2000. Purpose: This will waive required parking for a proposed multifamily development.. Recommendations: Planning Department: Denial Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: Last Hearing Date: Found: Violation(s) Cited: Ticketing Action: Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: CEB Action: History: Analysis: Please see attached. Zoning Board Resolution No: ZB 2000-0342 Zoning Board: Denial City Commission: N/A Comply Order by: Vote: 5-4 00— • 0 AIIW PIOAA N CLE H O U S I N G G R O U P August 8, 2000 Via Facsimile: (305) 416-2035 & Regular U.S. Mail Ms. Teresita I. Fernandez Executive Secretary, Office of Hearing Boards City of Miami 444 SW 2nd Avenue, 7m Floor Miami, Florida 33130 RE: Ravos Del Sol, Ltd. - Appeai of Parking variance Dear Ms. Fernandez: I have previously written to you requesting an appeal of the Planning and Zoning decision regarding a parking variance for Rayos Del Sol, Ltd. I had been instructed by your office to file a written request for appeal within 15 days of the Planning and Zoning Board decision. I have since been told that I must clarify my reasons that justify an appeal. The reasons are as follows: 1. I do not believe the Planning and Zoning Board acknowledged the City's recognized hardships as they relate to the development of this property (i.e. other affordable developers have received parking variances, the pedestrian pathway designations with the retail elements as requested by the Latin Quarter Review Board, inhibits potential parking on a reasonable scale, etc.) 2. There was misunderstanding on the Board, as to the financing and the length of affordability and the qualified tenants and restrictions on such tenants, which 1 believe would affect their decision as to parking requirements. Ms. Fernandez, there are many other reasons for such an appeal. If you require a more thorough or legal description as to the reasons that Pinnacle Housing Group believe the denial of the parking variance was unjustified, that can be provided to you with more time. Unfortunately, I was only informed today, August 8th. the last day to file an appeal, .that my previous letter was insufficient. DEVELOPMENT CONSTRUCTION MANAGEMENT 9400 S.DADELAND BLVD., SUITE 100, MIAMI, FLORIDA 33156 T -EL 130'5`1 854.7100 FAX [3051 859.9858 EMAIL:PINNACLEH0USING.00M oo- 848 Ms. Teresita L. Femandez City of Miami August 8, 2000 Page 2 Please consider this letter my SECOND official request for a Commission Appeal of my parking variance application for Rayos Del Sol., Ltd. I look forward to speaking with you when I am back in the office on August 9m. Sincerely, SEAN P. SCHWINGHAMNIER VDevelopment DICTATED BUT NOT READ TO AVOID Vice President of Develo p DELAY IN kWUNf3 SPSAC F.\Rayos Del Sol Veresita Femandez - City of Miami - 2nd Request for Appeal 8-8-OO.doc 00 848 j ANALYSIS FOR VARIANCES 185 NW 13th Ave. CASE NO: 2000-0335 Pursuant to Article 6; Section 614.3.7.1 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for. Variances as follows: NOTE: This application shall also be subject to obtaining 1) Class H Special Permit . pursuant to Section 614.3 of Ordinance 11000 for new construction. Variance for parking: Required - 434 spaces Proposed - 380 spaces The following findings have been made: • It is found that there is no hardship to justify the requested variances. The applicant has inflicted a self-imposed hardship as a result of proposing an overbuilding on the subject property. • It is found that although the use is compatible with the area and will be beneficial by providing affordable housing, the parking deficit, by not providing sufficient parking on site, could have an adverse impact on the surrounding area due to overflow park- ing having to be accommodated on the adjacent streets. • It is found that since the proposal is new construction, it should be designed to com- ply with all zoning requirements. • It is found that by developing the lots in the manner reflected on the plans submitted, the owner has derived undue benefits under Zoning Ordinance 11000. Based on this findings, the Department of Planning and Zoning is recommending denial of the requested parking variances for the proposed structure on the subject property. ANALYSIS_ FOR VARIANCE CASE NO. 2000-0335 Yes No N/A EJ L C, 'Special conditions and circumstances exist which are peculiar to the property. ❑ Special conditions are result of petitioner's actions. E./:., ❑ Literal interpretation of ordinance causes undue hardship on petitioner. ❑ J Granting variance conveys same treatment to owner.. C' J ❑ Variance, if granted, is the minimum variance for reasonable use of property. L u -C! Is in harmony with general intent and purpose of ordinance. r Ll ❑ J L� Lj �JLj Miami Zoning Board Resolution: ZB 2000-0342 Monday, July 24, 2000 Mr. Rodolfo De LaGuardia offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 614.3.7.1, SD -14 OFFSTREET PARKING AND LOADING, TO WAIVE 54 OF THE REQUIRED 434 PARKING SPACES FOR THE PROPERTY LOCATED AT APPROXIMATELY 185 NW 13TH AVENUE, LEGALLY DESCRIBED AS LOTS 6 THROUGH 15, BLOCK 60, LAWRENCE ESTATES LAND COMPANY'S SUBDIVISION (2-46), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL AND SD -14, 14.1, 14 LATIN QUARTER COMMERCIAL -RESIDENTIAL & RESIDENTIAL DISTRICTS. Upon being seconded by Mr. Juvenal Pina, the motion was passed and adopted by the following vote: Mr. George Barket No Ms. Gloria M. Basiia Yes Mr. Rodolfo De LaGuardia Yes Mr. Charles J. Flowers No Ms. Ileana Hernandez -Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz No Mr. Angel Urquiola No Mr. Georges Williams Away Ms. Fernandez: Motion carries 5-4 Case No.: 2000-0335 AYE: 5 NAY: 4 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 1 i Teresita L. Fernandez, Chief Office of Hearing Boards Item Nbr: 1 00- 848 ZONING BOARD AG1 ON PETITION FOR VARIANCE MOTION: the request on Agenda Item # be (DENIED (GRANTED) in that .the -re quirements of on 1903.1(WERE)NO ' fied by relevant evidence in the r=MH&tire public hearing. (a) as stated in the City's finds or fact, or (b) as demonstrated by the petitioner, or (c) on the basis of the following: The Zoning Board shall make findings that all of the requirements and standards of Section 1903.1 (HAVE BEEN) (HAVE NOT BEEF demonstrated. CHECK ONE (a) n, l ons and circumstances (EXIST) OF EACH NOT EXIS ` ch are peculiar to the land, struuor STATEMENT g involved and which are not applicable to other lands, structures, or buildings in the same zoning district 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: (b) The special conditions and circumstances ®(DO NOT) result from the actions of the petitioner 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stored below: - (c) Literal interpretation of� of zoning ordinance (WOULD) Olywjoyed ve the applicant of rights commo other properties in the same zoning district under the terms of the zoning ordinance and work unnecessary and undue hardships on the petitioner 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: 00- 848 (d) Chanting the variance requested (WILL) OI)convey the same treatment to the indivi o�N- er as to the owner of other lands, buildings, or structures in the same zoning district 1) as stated in the City's findings of fact .2) as demonstrated by the petitioner 3) as otherwise stated below: (e) Granting the variance requested (WILL) L NO convey the same treatment, any special privilege that is denied by the zoning ordinance to other lands, buildings or structures in the same zoning district. (f) If granted the variance (WILL BE) NOT B in harmony with the general intent and se of the zoning ordinance, and will not be injurious to the neighborhood, . or otherwise detrimental to the public welfare 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: Signature Agenda Item . J � Z ZOtw Date - 0-- 88 rmFmmaalait 2%1'sHvovamaoo°edi � 619 IEYLINI o �1 11 11 1 i g�' IONIC 1 9 . .. o �1 11 11 i g�' 1 I I III III I HIM oe I . .. o �1 11 11 i Mir I I III III I I I I was m i, ................... ...... . .............. 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' `�i.'<;:; •, r - %;'te•.../{." /' <.„% 4;r�” 4 � ,: /rr �/ / raG ` :;5, � qjc„/ c 'R'r ',qy �•:, '� . '��t' .:;lj � . /: o -F �'�%+' • ' //'::''/'i f / . •r'W' �r7n - f' : •V��'`.7;'::�i•'.;�r: :r i,:':'✓ri�)%' ., � /ie'r"l%Y,4` / n i.." .ct� l -,r(,,: Y ' ''�;�., r%c �ff�'.3'.::rr:?]dll?' / f/,•,, .r ak'v,tt PIS :k , r .r.... Y.. ,., /r'G:: ' /v f ..,t . /.z.., , ._f/ii:' . F . - •ik,'.. ,., , i ` ,/.?J" ..,. .:lr:n.:.' CITY OF MIAMI OFFICE OF HEARING BOARDS APPLICATION FOR VARIANCE }f fM.lM.}f!llftf!!lflff!!}!!llN.f 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. }fla►►rflalffr}!rlffr}!f! MfMf'1lrlffMfMM.!!fM!►iY...NIfY.!!M}fMl.NlMf}.!.!!f}!f!lf/Mf.}...lfl. NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE ANY BOARD OR COMMITTEE AND THE CITY COMMISSION. A Variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of structure, dimensions of yards, other open spaces, off- street parking and/or loading requirements (see Article 19 of the Zoning Ordinance). I, Michael D. Wohl on behalf of Rayos Del Sol hereby petition the City of Miami Zoning Board for a Variance from the terms of the Zoning Ordinance of the City of Miami, affecting property located at Approx.: 185 NW 13 Avenue folio number 01-41020059240 Nature of proposed use (please be specific): A reduction of parking for all 2 bedroom units. In support of this application, the following materials are submitted: Two original surveys of the property prepared. by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 3. Plans need to be stamped by the Office of Hearing Boards and signed by Public Works, Zoning and Planning prior to submission of application. 00- 84, 4. One (1) 8 '/z x 11 copy of the signed plans attached to this application., 5. Affidavit and disclosure of ownership of property covered by applications and disclosure of .interest from attached to this application. 6. Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered by the application. 7. At least two photographs that show the entire property (land and improvements). 8. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 9. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application): 10.' Cost of processing according to Section 62-156 of the Zoning Ordinance: CS, PR, R-1, R-2, (single-family and duplex residential uses) $ 250.00 Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot $ 45.00 Minimum $ 700.00 All applications for Variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in Section 2502 of Zoning Ordinance, as amended $ 10 Minimum $ 650.00 Application for Variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per Variance: CS, PR, R-1', R-2 $ 250.00 All other residential districts $ 450.00 All nonresidential districts $ 550.00 Extension of time for Variance $ 500.00 Public hearing mail notice fees, including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars (800.00), except from agencies of the City; such surcharge to be refunded to the applicant if there is no appeal from a property owner within.three hundred and seventy-five (375) feet of the subject property. 2 00— 848 • • 11. The Variance request is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follows: 12. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Section 1903 of the City' of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) See Attached (b) The special conditions and circumstances do not result from the actions of the petitioner in that: See Attached (c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner in that: See Attached (d) Granting the Variance requested will not confer on the petitioner that special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: See Attached 3 D — (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: . See Attached (f) The grant of the. Variance will be in harmony with the general intent and 'purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise' detrimental to the public welfare. See Attached Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board shall be submitted with this application. SiqnatWuro- 141CMEk U. MOHL on behalf of Nam Rayo DeA Sol , Ltd. Address 9400 S. Dadeland Blvd., Suite 100 Mi asci , Florida 33156 Telephone {305) 854-7100 `]�aDate c ' [ s Ll STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by who known to me or who has produced as identification and who did (did not) take an oath. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before 20 i by , 1 r",lv F:l ? . Ute, -e- a is personally Name: Notary Public -State of Florida Commission No.: My Commission Expires: this �� day of of corporation, on behalf of the corporation. &e/She /She .is ersonally nown o me or has produced as identification an w o did (�� j tape an oath. USSFE CANTILLO MY COMMISSION 9 CC M17 D(PIRES:Septembere.2000 Name' F' 7,tfP Wdedn�,�r��Unft '�� Notary Public -State of Florida Commission No.: ! C_ L�� << JI' My Commission Expires: �, :;►E� c STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on behalf of a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take. an oath. Name: Notary Public -State _of Florida Commission No.: My Commission Expires: 5 0®-- 848 Rayos Del Sol Attachment -Parking Variance Application In support of the application, on the point enumerated at Section 1903 of the City Zoning Ordinance A) The property is located within the Latin Quarter, an area designated as an urban community. one that promotes pedestrian mobility as opposed to automobiles. The pedestrian nature of fhe site and the area will be' fostered by a perpetual Primary Pedestrian Pathway designation running along the site's S southern boarder. Other lands, structures and buildings in the zoning district do not have this more restrictive zoning classification, that requires particular features on the ground floor that result.in a loss of parking spaces and necessitates either a large obtrusive garage or a Variance. Also this proposed development will be an affordable community, limiting its residents to only those who fall into a particular income category. No other buildings in the area have that designation. one that will be enforced through a Land Use Restriction Agreement on the property for fifty years. This affordable designation carries with it many' directives including those related to resident's qualifications and building up keep. The increased cost and the limited rents generated by this designation make the cost ofproviding the required parking unachievable. B) The impetus for the Primary Pedestrian Pathway Designation was the result of the Latin Quarter Review Committee. The Review Committee required, as a condition of their approval, that retail be featured on the ground floor,.that parking be severely masked, and access is restricted. These: conditions increased parking requirements, and necessitated a higher multilevel parking garage. To better serve the area -and to create a more attractive structure, a reduction in parking is necessary. The nature of the community, its lowering income and largely immigrant, undereducated wort. force. reduces the attainable rents to very low levels. As a result, the developer has no choice but to construct an affordable structure on the property, its restricted income from rents limits the amount of structure that can be constructed; Therefore a retail element and higher parking garage are a sever burden. C) The majority of structures in the surrounding area have far lower per unit parking ratios than this Variance proposes. The present requirement to create 2 parking spaces per 2 bedroom unit. in this designated pedestrian area, necessitates the construction of an additional level of parking, limiting the views from many units, creating a more obtrusive structure in the area, while de-emphasizing the pedestrian nature of the neighborhood. Creation of parking spaces as per present code is a hardship. Especially for Affordable Housing where the margins are minimal and creating parkim-per code will ' be a detriment to the overall viability of the project. D) Other affordable developments within the area and the City of Miami's downtown core have been granted Variances for parking including West Brickell Apartments on 2"`i Avenue, the Congress Building and the Olympia Building. In the past 7 years the City of Maim has issues variances, for 27 developments, 5 of which were Affordable Housing. Affordable Housing has certain barriers and financial restrictions that affect the profit and viability of the Project that necessitate the variance ' request. Also, Affordable Housing has strictly enforced restrictions on residents includin- limiting the amount of persons (adults) per unit, therefore the amount of cars can be controlled better than iit a market rate community. E) If granted the variance would be a reasonable use of the land, especially in the pedestrian oriented Latin Quarter, also the parking Variance as requested would be sufficient to complete the project. F) Granting the variance will be consistent with the intents and purposes of the pedestrian orientation of the Latin Quarter, it will also be consistent with the purposes of the Primary Pedestrian Pathway Designation. The Variance, because of the controlled nature of the residents within this affordable tower, will not be detrimental to the public welfare, in that no residents will be required to park their. cars on the "streets of the neighborhood as opposed to the parking garage. The pedestrian nature of the area will be enhanced by de-emphasizing the use of cars in the building. _.' r. AFFIDAVIT STATE OF FLORIDA } )SS COUNTY OF MIAMI-DADE } Before me, the undersigned authority, this day personally appeared Michael D. WohL on behalf of Rayos Del Sol, Ltd., who being by me first duly sworn, upon oath, deposes and says: 1. That he is the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinances of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change of a classification or regulation of zoning as set out in. the accompanying petition. 3. . That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which.he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicis Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 5th day of May, 2000, by Michael D. Wohl partner (or agent) on behalf of Rayos Del Sol. Ltd., a partnership. ��e/She is ersonally-known--to me or who has produced as identification and who did; did no take an oath. usSME Ciwnu.O Narfie: Lissette Cantillo MY COMMISSION t CC 568517 Not EO'IRES: SMOm�s, z000 ary Public -State of Florida ceded TM" Nmy hoc UndwwftmCommission N4., - CC 569517 My Commission Expires: 9/8/2000 Owner's Name David 0. Deutch Mailing Address 94UU •.S. Dadel and Blvd. , Suite 100Zip Code 33156 Telephone Number (3U5) 854-71UU Lots 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Block 60, LAWRENCE ESTATES LAND .Legal Description: CO's SUBDIVISION, According to the Plat thereof as recorded in Plat' Book 2, at Page 46 of the Public Records of Miami -Dade County, Florida. Any other real estate property . owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description N/A N/A Street Address Legal Description,, N/A. NIA Street Address �' Legal Description N/A N/A 00 "'8 6 OWNER'S LIST Owner's Name Louis Wol fson III, Mailing Address 94UO S. Dadel and 81 vd, Suite 100 Zip Code. 33156 Telephone Number (305) 854-7100 Lots 6, 7,,8, 9; 10, 11., 12, 13, 14 and 15, Block 60, LAWRENCE ESTATES, LAND Legal. Description: . CO's SUBDIVISION, According to the Plat thereof as recorded in Plat Book 2, at Page 46 of the Public, Records of Miami -Dade County, Florida. Owner's Name Michael D: Wohl Mailing Address 940.0 S. Dadel and Bl vd. , Sui to 100Zip Code 33156 Telephone Number . 9305) 854-7100 Legal Description: Lots 6, 7, 8,.9, 10, 11, 12, 13, 14 and 15, Block 60, LAWRENCE ESTATES LAND COs SUBDIVISION, According to the Plat thereof as recorded in Plat Book 2, at Page 46 of the Public Records of Miami -Dade County, Florida. Owner's Name David 0. Deutch Mailing Address 94UU •.S. Dadel and Blvd. , Suite 100Zip Code 33156 Telephone Number (3U5) 854-71UU Lots 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Block 60, LAWRENCE ESTATES LAND .Legal Description: CO's SUBDIVISION, According to the Plat thereof as recorded in Plat' Book 2, at Page 46 of the Public Records of Miami -Dade County, Florida. Any other real estate property . owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description N/A N/A Street Address Legal Description,, N/A. NIA Street Address �' Legal Description N/A N/A 00 "'8 6 Owner's Name • OWNER'S LIST Mitchell M. Friedman Mailing Address 9400 S. Dadeland Blvd.. Suite 100 Zip Code 33155 Telephone Number (305) 854-7100 Lots" 6, 7, 8, 9, 10, 11, 12,13, 14 and 15, Block 60, LAWRENCE ESTATES LAND Legal Description: CO's SUBDIVISION, According to the Plat thereof as recorded in Plat Book 2, at Page 46 of the Public Records of Miami -Dade County, Florida. Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Zip Code Zip Code Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address N/A Street Address N/A i Street Address N/A Legal Description N/A Legal Description N/A Legal Description N/A u0_ 8 A 8 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Lot 6 through 15, Block 60, less the North 10 feet thereof, of LAWRENCE ESTATE LAND' COMPANY'S SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2, Page 46, of the Public Records of Miami -Dade County, Florida. 2. Owner(s) of subject real property and percentage of ownership. Note: Section 618 of the Code. of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations; beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. The name of the Owner, a Limited Partnership is: RAYOS DEL SOL, LTD. The name and address of the General Partner of the Partnership is: _ PHG-RAYOS, INC. 9400 South Dadeland Blvd., Suite 100 Miami, Florida 33156. The name and address of the. corporation is: PHG-RAYOS, INC. 9400 South Dadeland Blvd., Suite 100 Miami, Florida 33156 ,. The name, address and ownership percentages of the members of the- initial Board of Directors of the Corporation are: Ownership Percentages Louis Wolfson III, Chairman35% 9400 S. Dadeland Blvd., Suite 100 Miami, Florida 33156 Michael D. Wohl, President 35% 9400 S. Dadeland Blvd., Suite 100 Miami, Florida 33156. R° � David O. Deutch, Secretary / Treasurer 150% 9400 S. Dadeland Blvd., Suite 100 Miami, Florida 33156 Mitchell Friedman, Executive Vice President 15% 9400 S. Dadeland Blvd., Suite 1.00 Miami, Florida 33156 3. Legal description and street address of any real property (as) ov-ned by any pare listed in answer to question #2, and (b) .located within 375 feet of the subject real property. None of the Owners of the subject have interest in any real property within 375 of the subject real property. (:9alf D. Wohl, President of Rayos Del Sol, I,td., .A Florida Limited Partnership STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 5th day of May, 2000, by Michael D. Wohl artneror agent) on behalf of Rayos Del Sol, Ltd., a partnership. f4e She is. - personally known to me or who has produced as identification and who did d d o) -take an oath. LWEM Name., Lissette Cantillo ""Y"'I°N CC'17 No-ta Public -State of. Florida `; EVIM: se wnw s. soon r3' BMW nm*Wy PW* WWWWbmCommission No.: CC 569517 My Commission Expires: 9/8/00 CERTIFICATE OF CORPORATE RESOLUTIONS, CORPORATE STATUS AND INCUMBENCY OF PEG-RAYOS;INC. The undersigned, as Secretary of PHG-RAYOS, INC., a Florida corporation (the "Corporation"), hereby certifies that: 1. The Corporation is a duly formed, validly existing corporation in good standing .under the laws of the State of Florida. 2. The Corporation is the sole general partner of KAYOS DEL SOL, Ltd., a Florida limited partnership (the "Partnership"). 3. The Partnership is a duly formed, validly existing limited partnership in good standing under the laws of the State of Florida. .4. By the unanimous written consent of the board of directors of the corporation, the following resolutions were unanimously adopted on May 4, 2000, and the same have not been revoked, cancelled, annulled or amended in any manner and are in full force and effect on the date hereof: WHEREAS, the Partnership, is submitting applications with the City of Miami for (i) a Zoning Atlas Change, and (ii) a Parking Variance (the "Applications"), in connection with that certain real property located in Miami -Dade County, Florida, more particularly described in -Exhibit "A" attached hereto (the "Property"); and NOW, THEREFORE, BE IT RESOLVED, that the Company on its own behalf and on behalf of the Partnership, as applicable, approves the (i) Zoning Atlas Change, and (ii) Parking Variance. FURTHER RESOLVED, that the Company, on its own behalf and on behalf of the Partnership, as applicable, approves the execution and delivery of all such documents as may be required in connection with the Applications. FURTHER RESOLVED, that the President, a Vice President or any other officer of the Corporation, acting alone in either case, with full power of substitution, be and hereby is authorized to execute and deliver, and the Secretary of the Corporation is hereby authorized to (but is not required to) affix the seal of the Corporation to and attest the same upon any and all documents required for the Applications, but with such modifications and additional provisions as the officer of the Corporation executing the same may deem advisable. All of the 00- 848 documents executed and delivered .as aforesaid shall be and constitute the acts and obligations of the Corporation on its own be and on behalf of the Partnership,.as appropriate. FURTHER RESOLVED, that the Corporation' hereby ratifies and confirms the acts of its-. officer executing and delivering all such documents -and -instruments, regardless of whether such acts were performed before or subsequent to the date of the adoption of this Resolution. FURTHER RESOLVED, that the Corporation directs its officers and employees to. perform all of the Corporation's obligations and undertakings on its own behalf" and on behalf. of the Partnership under the Applications and any and all documents required in, connection with the Applications:. FURTHER RESOLVED, that these Resolutions shall continue in full force and effect and may be relied upon by the City of Miami and its counsel until .receipt of written notice of,any change therein. 5. The following are duly elected or appointed to the., offices of the Corporation set forth opposite their respective names and are incumbent in such offices as of the date hereof: NAME Michael D. Wohl David 0. Deutch TITLE SIGNATURE President Secretary ! and Treasurer IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the Corporation's corporate seal thi !' 'day of May, 2000.. L' v David O.. Deutch " Secretary (Corporate Seal) G:\W-PKG\35360\010\Corp-Res-Applications -2- EXI-IIBIT "A" LEGAL DESCRIPTION Lots 6 through 15, Block.60, less` the North 10 feet, of LAWRENCE ESTATE LAND COMPANY'S SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2, Page 46, of the Public Records of Miami -Dade County, Florida. 00— 848 1 0 99R562754 1590 NOV Return to:7`! Name: �7�,gANs �E.9✓�,rr Er, Ac . Address: I SI0 ;,�•� '�'� .33130 This Instrument Prepared by: BERGMAN AND JACOBS, P.A. 777 Brickell Ave., Suite 780 Miami, Fl. 33131 Property Appraiser Parcel I.D. (Folio) Number: Grantee(s) S.S.#(s): DOCSTPDEE 394SO.00 SURTX ?587.50 HARVEY RUVINY CLERK DADS .OUMTYr FL SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, Made the day of October, A.D., 1999 by: SUNTRUST BANK, NIIANH, N.A., a national banking association. Address: 777 Brickell Avenue Miami, Fl. 33131 hereinafter called the grantor, to: RAYOS DEL SOL, LTD., a Florida Limited Partnership Address: 2665 S. Bayshore Dr., Suite 202 Miami, Fl. 33133 hereinafter called the grantee: (Wherever used herein, the terms " grantar" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) 848 o-` ,3 0. h0l: WITNI ESSETH: That the grantor, for and in consideration of the sum of 510.00 and other valuable considerations, receipt.whereof is hereby acknowledged, hereby grants bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in MIAMI -DARE County, Florida: SUBJECT TO: SUBJECT TO: SUBJECT TO: SEE EXHIBIT "A" ATTACHED HERETO Taxes for the year 1999 and all subsequent years. Declarations of Easements, restrictions, resolutions, covenants and reservations of record, not intending to reimpose same. Plat of LAWRENCE ESTATE LAND COMPANY'S SUBDIVISION, as recorded in Plat Book 2, Page 46 of the Public Records of Miami -Dade County, Florida. In consideration'of this transaction; the Grantor and the Grantee agree to the imposition of the terms of the following Restrictive Covenant which shall run perpetually with the Land as described herein: The Land as described herein on Exhibit "A" is restricted and.no portion thereof shall be used as a savings and loan association, bank, industrial savings bank, trust company, international bark agency or representative office, credit union, entities dealing in the sale of securities, branch banking facility or the operation of an . automated teller machine, cash dispenser ornight depository. These restrictions shall be deemed covenants running with the Land, shall be binding upon all owners of the Land, or any portion thereof.. their respective heirs; representatives,. lessees, . successors and assigns, and shall continually encumber the Land from the date of recordation of this Restrictive Covenant in the Public Records of Miami -Dade County, Florida. In the event'of any violation of the foregoing restrictive covenant, the Grantor, its successors and/or assigns, shall have the right (in addition to and not in limitation of any other available rights or remedies) as an admitted equity and as a matter of absolute right, to the issuance by a Court of competent jurisdiction of any injunction (mandatory or otherwise) prohibiting any such violation and requiring any such violation to be eliminated. All costs incurred by., Grantor, its successors and/or e damages in the event of a :violation of these assigns shall be deemed recoverabl restrictions. TOGETHER with all the tenements, hereditaments'and'appurtenances thereto belonging or in any way appertaining. . i, TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seize3of said .land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, AND hereby warrants the title to said land and will defend same against the lawful claims of all persons claiming by, through or under the said grantor, except taxes accruing subsequent to December 31, 1998. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Witness Signature PrinV-�i-- e z 2 STATE OF FLORIDA } COUNTY OF NHANH-DARE ) SUNTRUST BANK, NIIANII, N.A. a national banking association Print: Cr C_ As its: Vice President The foregoing instrument was acknowledged before me this day of October, 1999, by 9'Vice President of SUNTRUST BANK, MIAMI, N.A., on behalf of the bank. He (�) is personally known to me; or ( ) has produced. as identification. EXHIBI LEGAL DESCRIPTION Lots 6 through,15, Block 60, less the North 10 feet thereof, of LAWRENCE ESTATE LAND COMPANY'S SUBDIVISION, according to the Plat thereof, recorded. in Plat Book 2, Page 46, of the Public Records of Miami - Dade County, Florida. �j I 1 0 rrrrrr■ I A N'1' N DTI4rffP O.L. Y. 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