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HomeMy WebLinkAboutM-95-0588PLANNING FACT SHEET Pz ! 14 APPLICANT N & R Development Corporation - APPLICATION DATE April 10, 1995 REQUEST/LOCATION Major Use Special Permit to designate the Bayshore Bay Villas Project, located at 2066 N. Bayshore Drive, as a Planned Unit Development LEGAL DESCRIPTION (Complete legal descripltion on file with the Hearing Boards Office) ! PETITION Consideration of approving a Major Use Special Permit, pursuant to Articles 5 and I 17 of Zoning Ordinance 11000, as amended, for the Bayshore Bay Villas Project, located at 2066 N. Bayshore Drive (more particularly described herein), in order to designate said projecf Ae a Planned Unit Development, and to be comprised of not more than 112 residential units; approving said Major Use Special Permit after considering the report and recommendations of the Planning Advisory Board, subject to the conditions of the Development Order, attached hereto as "Exhibit A", and the application for development approval, incorporated herein by reference; making findings of fact and conclusions of law; and providing that the Development Order shall be binding on the applicant and successors in interest. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval with conditions. SFF ATTArurn Denial N/A. VOTE, 7 - 1 June 21, 1995 9 5, - 1TkV;,f;!3J 1 1 _ ANALYSIS FOR MAJOR USE SPECIAL PERMIT FOR BAYSHORE BAY VILLAS 2066 NORTH BAYSHORE DRIVE The requested Major Use Special Permit is for the purpose of designating the Bayshore Bay Villas Project as a Planned Unit Development; the project is a residential apartment complex to be constructed ,at 2066 North Bayshore Drive. The Planning, Building and Zoning Department is recommending approval of the residential project (see findings below) with the conditions specified herein. PROJECT DESCRIPTION The Bayshore Bay Villas Project is a proposed Planned Unit Development project to be located at 2066 North Bayshore Drive; the subject property is within an R-4 Zoning District which has an SD-20 Edgewater Overlay District on it. The project as proposed will consist of a new 29 story, 111 unit apartment complex and a two-story single family residence which currently exists on the site and will be rehabilitated; the project also proposes 132 parking spaces. The amenities which are being provided to the tenants include a swimming pool, -bay views and several outdoor garden areas. ANALYSIS The Bayshore Bay Villas project has been designed with the goal of maximizing the property's unique location fronting Bayshore Drive with views of Biscayne Bay. The final submittal has been modified slightly from its original form in response to comments received by the City's Large Scale Development Committee at its meeting of February 21, 1995. The project consists of adequate open space and proposes to preserve and rehabilitate an existing historical structure on the site. The landscape plan which was submitted with the application, however, is lacking sufficient details required for a complete review; a fully specified final landscape plan must be completed and submitted for the review and approval of the Director of the Planning, Building and Zoning Department prior to the issuance of any building permits. The "parking structure and residential tower, as proposed, are not making efficient use of the subject property; the project could be repositioned on the site (which is large enough in area) to accommodate it in its entirety without requiring the setback variance, which was requested by the applicant as part of this Major Use Special Permit, and without affecting the existing historic building to remain on the site. As proposed, one of the project's loading berths has no direct access to the building; loading andunloading activities will have to bedoneacross the lawn; and the other berth, while offering better accessibility, still requires loading activities to cross a covered portico in front of the building (facing the bay). The loading berths would better serve the building and protect the bay views, if they were repositioned to the rear of the project in some manner. The position of the proposed loading berths also detract from the historic structure in their depicted location. 95- 588 3 The project, as presented, consists of a total of 132 parking spaces. Theoretically, the requirements of the SD-20 Zoning Over -lay District, have been met with the 132 spaces being proposed, however, the reality of the situation is that the majority of the proposed units are two bedroom units which are only providing one parking space per unit, and the trend of most households requiring two bedrooms is to have two cars. The Planning, Building and Zoning Department is therefore requesting, as one of the conditions enumerated below, that approval of the proposed project be subject to the provision of approximately 25 additional parking spaces (i.e., one more parking level on the proposed parking structure) , in order to assure the adjacent residential area that potential parking spillover from this project will not have an adverse effect on their 'neighborhood. RECOMMENDATION AND FINDINGS OF FACT The :Planning, Building and Zoning Department is recommending approval of the proposed'development with the following conditions: 1. The proposed site plan should be modified to: 1) delete the requested setback variance; 2) reposition the depicted loading berths so as to offer a more convenient access to the proposed residential structure and to not block bay views; 3) provide approximately 25 additional parking spaces (i.e., one more parking level on the proposed parking structure); and 4) provide a fully specified final landscape plan; all modifications to the plans on file shall be submitted for the review and approval of the Director of the Planning, Building and Zoning Department prior to the issuance of any building permits. 2. The project shall meet all applicable building codes, land development regulations, ordinances and other laws. 3. Within six (6) months from the issuance of the Major Use Special Permit, 'provide a list of agencies from which approvals and/or permits; must be obtained prior to initiation of development and the permit or approval required of each; 4. Prior to issuance of a building permit, allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security,measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical; 5. Prior to issuance of a building permit, provide a letter from the Fire, Rescue and , Inspection Services Department indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Fire Rescue and Inspection Services Department in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply; 95- 588 ,- 6. Prior to issuance of a building permit, provide a letter of. assurance from the Solid Waste Department that the project has addressed all concerns of the said Department; 7. Prepare a Minority Participation and Employment Plan to be submitted within ninety (90) days of the issuance of this Major Use Special Permit to the City's Director of Minority and Women Business Affairs for review and comments, it being understood that the City's Minority/Women Business Affairs and. Procurement Ordinance 10538 is a guide that the APPLICANT must use its best efforts to follow. 8. Prepare a Minority Contractor/Subcontractor Participation Plan within ninety (90) days of the issuance of this Major Use Special Permit to the City's Director of Minority and Women Business Affairs for review and comment, it being understood that the City's Minority/Women Business Affairs and Procureme-nnf` Ordinance 10538 is a guide ;that the APPLICANT must use its best efforts to follow; 9. Record, within six (6) months of the effective date of the development order, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by a mandatory property owner association in perpetuity. 10. Record a certified copy of the development order within 90 days of its effective date with the Clerk of the Dade County Circuit Court specifying that the development order runs with the land and is binding - on the applicant, its successors, and assigns, jointly or severally. 11. Record, within six (6) months of the effective date of the development - order, a Unity of Title for the subject property. The recommendation of approval of the proposed residential project is based on the following findings: 1) The proposed development conforms to the requirements of the R-4 and SD-20 Zoning District, as contained in Ordinance 11000,.as amended, the Zoning Ordinance of the City of Miami; the project requires no special exceptions, rezonings or changes in land use; the project is further compatible with the Miami Comprehensive Neighborhood Plan which allows the mixture of uses and intensity of the proposed development. 2) Upon compliance with the conditions outlined above, the project will be in compliance with all of the criteria as listed in Articles 5, 13 and 17 of Zoning Ordinance 11000 and will be beneficial to the city by providing new housing opportunities within the Edgewater area; also finding that, with the above specified modifications, the project will have no adverse effects on the surrounding area. 95— 588 5 1 � I'1 1 ee � .. •. � •1 ST � �taC ► y 1 ,. ,• r : • ►A.-R. 21 3 • ., �• •s s � E� i 2 t � • 1 , < < , • r• N 1• n Ir � 0 1 f •• .N S N♦ N Q . • 1 � a •. 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OMNI ANNEX P F +r, ,1 ,u n �• �/�� l 588 APPLICATION FOR A MAJOR USE SPECIAL PERMIT File Humber MU- - It is intended that.mi jor use special• permits be required where specified ' uses and/or occupancies involve' matters deemed to be of ci,tywide or area-wfd-e importance. The City Commission shall. be solely responsible•for determinations on applica- tions for major use special permits. (See Article 17)— The City Commission shall refer all applications for major use special permits to the. Planning' Advisory Board and to the Director of the Department of Planning, Building and Zoning for recommendations, and• may wake to agencies, bodies, *or officers, either through the Department of Planning,-- of' BuilBing and Zoning or directly for review, analysis, and/or technical findings and determinations and reports thereon. (Section-130i:5.) - N & R DEVELOPMENT'CORPOR ATION aad - Zonin'•of the Cityof t Miami for approval to the atMa or Use of nSpecialuPermit Zoning -under the provisions ofArticle17 of the City of Miami Ordinance. Address of Property: - 2066 N. BAYSHORE-.DRIVE Ha4re of Proposed -Use (Be specific)`: MIAMI., FLA RESIDENTIAL RENTAL ACCOMMODATION - Preliminary Appiication• , I attach the following in support or explanatidn of the Preliminary Applica- tion: 1. Two copies of a survey of the property prepared by a State of Florida Registered -Land Surveyor. 2. Affidavit disclosing, ownership. of property covered by application and disclosure of interest form (attach Forms 4-83 and 4a-83 to application. 3. Certified lilt Af owners of real estate within a 375-footradius from the outside boundaries of property covered -by this application (attach Form 6-83 to application). 4. Maps of: (a) existing zoning and (b) adopted comprehensive plan designa- tions for areas on and around the property covered by this application. S. General location map, showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical - features in and,adjoining the project, and the like. 1 6. Concept Plan (a) Site plan and relevant information. Section•1304.2.1 (d through h). (b) Relationships to surrounding existing and proposed future uses, and activities, systems and facilities (Section 1702.3.2a). (c) How concept affects existing zoning and adopted- comprehensive plan principles and designations; tabulation of any ' required variances, special permits, change of zoning or exemptions (Section 1702.3.2b). 7. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). 95- 588 APPLICATION FOR A MAJOR USE SPECIAL PERMIT (continued) B. other (Be specific): 9. Fee of based on ordinance 10396. Additional fees for any required special, permits, changes of zoning, or hall be.in accord with zoning fees as listed in Section-62-61 of variances s the City -Code and -Ordinance 10396. Fee tabulation: Iuilding(s): Other (Specify): Total:, Final Application I attach'the following additional information in support or explanation of the final application: Signature Name: Address: City, State; Zip: Phone: This application is approved denied .in accord with City Comissi6n Resolution Number: 0 th f. r y . -A PA 9 5 - 5 'Uk lat"a Form A340 LIMITED ]POWER OF ATTORNI�Y (With , Durable Provision) -22 ZJ1 TO ALL PERSONS, be It known, that :kx Reese CorporationInc. of Rdlywood AS Grantor, do hereby nuke and grant a limited and specifle power of attorney to Mr.Ned Nedeff Sk and appoint and constitute said individual as my attorney -In -fact. The * named attorneyIn•facrshall'have full.power and authority to undertake, commit and perform only the following acts on acyrbehalf to the same extent as If *4ad done so personally; all with full power of substitution and revocation in the presence: (Describe specific authority) Representing Reese Corporation Inc... of Hollywood in all matters concerning; the Bayshore Day Villas .Project, including Public Hearings for the real property located at 2066 North Dayshore Drive, Hiami,'`Florida: i lft a authority g tbd shall include such Incidental acts as am reasonably required or necessary to carry out and perform the specific authorities and duties stated or contemplated herein. My, attorney -in -fact agrees to accept this appointment subject. to Its terms, and agrees to act and perform In said fiduciary capacity consistent with my -best- Interests as my attorney -in -fact deems advisable, and.Qe thereupon ratify all acts so carried out. �CAS�t9F�,9t��9C��9�Rei"�lcfR9tRd3t �4n4b14co�,ic�tfd��tn6oa�iocx�sfarM�acba66Rrxonecofx bbX Authr=d; tesgmosibRWosx==c&tudcbexS= Wo t Applicable. Special durable provisions: This power of attorney shall not be affected by disability of the Grantor. This power of attorney may be revoked by the Grantor giving notice of revocation to the attomey-in-fact, provided that any party relying in good faith upon this power of attorney shall'be protected unless and until said party has either a) actual or constructive notice of revocation, or b) upon recording of said revocation in the public records where the Grantor resides. Other terms: None Signedu 1 nde eal is loth day of April ,1995 Si ned in the resen of. , p Jun kJ Reese, 8 President. for Reese Corporation Grantor Inc o y �d o o Witness Attorn y-In•Fact Il"YU'lv fNed Nedeff d cP°ps ' 0 r•ra0 a. '"r.sra..raaft" W-W" 1%w Ioaunret Piwo d bar. Carl A. Spatz, Esq. CizB i SPATZ, ESQ6. •••.. 3400 S.N. Third Avenue Miami, Florida. 33145 cavorts Aoowlun ►wcW MaKW 90m trees• NumOen*. wn. eus rwe�s 1 rrwor eewro�•new ~m".00" 11�4 'rt 1%14n1950 t[6. • '� cit. . 92R305496 IM NA 07 10131• DOCSTM 60'600.00 SuRTX 40430.00! MARSHALL AMRr CLERK M COLOMP :L. *Comm «o..rtut r ome"80w a ass toufw+. noemA. , tkd of Bradt 6 on* yS tlaxeelal $s. qe1: I Catorb ;1 !.t r•a Mwt te.a t t sou wioatt+a.,a ar• es.a •ao.a r+s trs,or racmam ew•� (0410 (Putt-OUIM 10ttb, EmWeed this 30 day cf July . M. 2092 .19 Reese corporation, Inc. of Hollywood a corporation acting tinder the tows of Florida and having iq prig! plotx Rf ksixess at 2066 North eayshore Drive, Miami, Florida Jlnt pa*hf. to Reese Bayshore Corporation, a Florida corporation whore port od%e address is 3400 S.N. laird Avenue, Miami, Florida 33145 second party: ..eWt. w."Na •11" W1w..e,wr.s .1..L.f a. PM" a. 1r e.w+sq eb bA.% M/.1 w,.�nr►.�, W rye .t WwiY, W !M wr,�r. W ewy� d wr.L il.wor r. wb.t a Wu p Iwl..y TIMENS90. 77tat the said Jtrn party, for axd in consideration of the sum of a 10.o0 ix hand paid by the said second party the receipt whereof is hereby ackRowlecW does hereby rtwtiv- release and quit -claim axto the said second party forever. all the right, title, interest. elaixt and demand which the said first party has in and to thefollow{xg described lot, piece orparrel of laid situate. tying and beittgix the Cownts of Dade , State A! Florida . to wit: PARCEL NO. 1 Lots 1, 2, 3, 4, 5, 6, and 7 all in Block 1 of AMENDED PLAT OF BAYSIDE PARK, according to.the Plat thereof as recorded in Plat Book 2, Page 40, Public Records Dade county, Florida. and PARCEL, NO. 2 &t 1, less the Nest 10 feet thereof, and Lot 2 all in Block 3 of BAYONNE SUBDIVISION, according to the Plat thereof, recorded in Vlat Book 2, at Page 35 of the Public Records of Dade County, Florida. 1II0 Nave alto to 3101b the sonic together with all and singular the appnrtexaxces the►runto belonging or in anyunse oppertainixg, and all the estate, right, title, ixtmest, sex• equity and claim whatsoever of the said first partrg, either in lots or in equity. to the only proper use. benefit and behoof of the said semd p"Jbnrer. 3D 31ttntox 3BOrtttf. 77e said corporation has cowed these (CORPORATE presents to be erec><fed in its name, and its corporate seal to be hernmto 3EAI.) � ed by its proper officers is duly axthorirc4 this ATTEST: --:2 REESE CORPORATION, INC. OF HOUAFK'AD a Florida corporaElon rear der in the presexee of If TCA BY: .•�''"µb�•~'' M . n. a V+��.1 .r+ ���~>'•_ c s E +,r• �v� web ���1 k. a tom''•..•✓ 1� g STATE OF F MIA Ntiy �� •at7 COUNTY OF DADE i HEREBY CEIM FY Het on this dq. Won ew, an oftker buy widwrit d in the State afortum ad in fiw Cam1Y aib+add •o tact• rArowkedam,nts. prrma0y at'9w*ed Jung Ja Reese and lorry T. Reese 1. well known to me known to be the pr„Went old Secretary . e,, 1"17 of Reese Oorporation, Inc. of Hollywood, a Florida corporation .v and that they tte,eraly wknowkdCW eratift the acme to the prW am d two to is the . on, . treey and soheKariy rider wthoriy WE seated In them b!, 't�ttri tl+e led afflnd thence M the trw eegnrate eerJ et aid 1t'tTNESS my hand and hb�t rand auto ta.t d the 30TH and they exhibi veers. as identification Ad Ave-- li�rhgt'talte an oath. SEAS :' il. 5 588 • I5614N1951' NOTICE Cr LEASE i r l NOTICE IS HEREBY given of the existence of a Lease entered into betwesn REESE BAYSHORE CORPORATION, a Florida *Landlord' REESE corporation, hereinafter called the and CORPORATION, INC. OF HOLLYWOOD, hereinafter called 'Tenant`, dated day of July, 1992 wherein and•whereby the Tenant leased roman Landlord the following described coal property: PARCEL "0. 1 Lots 1, 2, 3, 4, Ss 6, and 7 all In Block 1 of AmENDED PLAT or BAYSIDE PARR, according to the Plat thereof as recorded in Plat Book 2, Pave 40, Public Records of Dade County, rloriday and ` PARCEL NO. 2 Lot 1, less the West 10 fe&t thet;eof, 'and + Lot 2 all in Block 3 of BAYONNE SUBDIVISION, according to the Plat thereof, recorded in , Plat Book 2, at Page 35, of the Public Records of Dade County, Florida. is The following provision is contained in said Leases 1. "11. NO MECHANICS LIEN: The Tenant herein shall �! not have any authority to create any liens for labor or materials on the Landlord's interest in the above described property, and all persons contracting with the Tenant for the doing of any work or the furnishing of any materials on or to the premises, and all ,.aterialman, contractors, mechanics and laborers are hereby harged with notice that they oust look to the Tenant and to the enant's interest only in the above described property to secure , the payment of any bill for the work performed or material furnished during the rental period created of this Lease. 2. Said lease also grants to Tenant an option to purchase the leased property. IN WITNESS WHEREOF, Landlord and Tenant have hereto set; their hands and seals this . 32 day of July, 1992. °r SIGNED, SEALED AND DELIVERED ��''��• +ti Fib .4', INE PRESE OF, REESE BAYSBORE RPORATION �.r a Flo a Cor ion, Landl-brd A�CN A 1 `ty t�Oki r me Na sByt t Pre a :ti �•, 0.;• b7 1 Print— eeames (CORPORATE SEAL) • REESE CORPORATION, INC. OF '"•�. !tp''`" HOLLYWOOD, a Florida corporatiot q'o BY E�Qa.dse : inV Pr me Na is resent «. cl ` ~�~+ A:� Pr me Namet lt.:csr t .......... This trsirs-^xt ^, :Cd Dy. CARL A. SIATL. F t.c: r : y At Law45 3400 S.W. 3rJ A%'EI4UE, �1IV%%II, FLORIDA - ... «. • .. I %r.r. 95 588 dwip, 10CIrk 156 1 4N 1952 STATE Or FLORIDA )SS& COUNTY OF DhDE {fit --- I Hum CERTIFY that on the day, before me, an officer duly authorized- In the State aforesaid and In the aforesaid to take acknowledgments, personally appearaTv President of REESE BAYSHORE CORPORATION to me personally known to be the person described In and who executed the foregoing Instrument and he acknowledged before me that he executed the same. A00 OW 691 AAO?' IX#W,AW J%#W 141THESS my hand and official seal In the County and State last aforesaL.d this _J24 day 1992. -Notary Publlic-jState of Florida Printed Names STATE OF PCORigAnct..... :1 �,>.-, Z, SS t Comm f Or DA&,N� I HEREBY' CERTIFY that on this day, before me, an officer duly authorized In the State aforesaid and In the County aforesaid to take acknowledgments, personally appeared MOV4, !1A #,gjr,54 as President of Reese Corporation. Inc., of Hollywood to me known to the the person described in and who executed the foregoing Instrument yho Identified herself by exhibiting her drivers license and she acknowledged before me that she executed the aameoAVA r*C 6p0 va7 qXrZ pW ARM "ITNESS ay hand and official seal In the County and Sate last aforesaid this day -jy&.r 1992. 0 NOTARY PUBLIC, STXTZ OF FLORIDA Printed'Namet C44A do j I &ZLe do '0 4L Zzi atco" reow%" lease/ emu notice.lease STATE OF FLORID A, COUNlY OF DADE H.'Re9y CERTIFY fhcq the 10P*#� HARVEY RUVIN,CURN ChUltand (*"-Wcaft Deputy C1erjka..,L,�,. -2- 0 u §4 ltiXya: I My-I—aM V MZV�Vl-ZIVUM�VI VIP— M MMM1 SkV^__ VP-i1Vf_A tatc.����0�oa N oo w aus Bipparttnent of Otatr 1 certify that the attached is a true and correct copy of the Articles of Incorporation of N & R DEVELOPMENT CORPORATION, 'a corporation organized under the Laws of tl�e State of Florida, filed 'on August 111, 1992, as shown by the records of this office. i The document number of this corporation is V56522. CR2EO22 (2-91) ACD�DND�CC giben unbrr mp banb anb the great Beal of the 6tate of _11oriba, at Tallahavar, the Capital, tbig the 11 th bav Of August, 1992.• ^J^ i • S • dim'$MH4 5 ' € ,$ecretarq iof jBtafe A' YCLES OF I NCORPORA71 t': ' of V & 'R gave =tion _... _..... ,....... »_.__......... ...._._ (name or corporation) The undersigned subscriber(s) to these Articles of incorporation, natural person(s) crosttl�eieol tr conitact. hereby forma _ corporation under 'he laws of the State of Florida. ARTICLE 1 : CORPORATE NAME The naive of the corporation is'. N & R Development . Corporation 2066 North Baysbore Drive, mi.ami.., Florida. 33137 a �— N io ARTICLE;11 - DURATION ' c� - This corporation shall a)dst perpetually unless dissolved according to Florida law. y .. on HK S - ARTICLE III - PURPOSE r- o " The corporation is organized for. the purpose of engaging in any activities or business permitted can 1�r thiawst United Stmcs and the State of Florida. - =" a�- 44 - ARTICLE IV - CA1117AL STUCK sr _ . The corporation is authorized to issue Three Ifiandred shares ( 300 I of One Dollarts) (S 1.00 ^iw �� par value Common Stock, which shall he designated "C:ommon ;hares' ARTICLE V - INITIAL REGISTERED OFFICE ,1ND .4(;EAIT The principal office, if known, or .the mailing actress of the corporation is: . N&ME .-Nodei ADDRESS 2066 No .bPrv_=Y_Q-�._ _ .... _........_.._... _ .__....._ i. Lcn-Y Miami, rtatttnA. 41I' 33137 The name and street address of the Initial Registered Agent of this Corporation is. q: AKME Ned Nedeff j ADDRESSFLOWDA �� !v wt�D �� �6` •�_.�_� TY _ ARTICLE VT - INITIAL BOARD OF D/IZ ;CTORS .i, ;;This corporation shall have_ Three ( 3 —_) tlircctors initially.1'he numhur of clirc:u:r• uia�r� Lithe: Increased or diminished from time to time by the By -Laws. but shall Itever he. less that: mle I i,. Vhc name, ahe addressts of the initial directors) ' of the corporation are as follows; NAME Juno Ja Reese _ ADDRESS 2066 North Bayshore Drive y SI'A1'E Florida :I.' '33137 1 _ .Esunchu Y Nedeff 5Vd Fernwood Road- Cey Biscayne, STATE Florida � •'•;r_ 3 � ` led Nedeff 98 Fernwood Road_.._.— e Biscayne ARTICLE 1,71 INCORPORATO, The names and addresses of the incorporators signing these Articles of incorlturuuun we as follows NAME ADDR ss 2066 North Ba shore Drive My Miami, sTATE Florida zo, 33137 NAME ApMEM 598 Fernwaod Road crry Key Biscayne sCATe Florida Zip 33149 NAME ADDR= 598 Ferawood Road CM Key Biscayne stnIt Florida - cup 33149 IN WITNESS WHEREOF, the undersigned subscriber(s) have cxecuted these. Art tdes of tncarlraratt.►n this � day :of AV cj 0 $7 19, ?:Z (Seal) (Seal) s STATE OF FLORIDA ) SS COUNTY OF UiDE ) before me, a Notary Public, authorized to take acknowledgements in the State and County set forth above. personally appeared knower to me and known to be the person(s) who executed the loregoing Articles of Incorporation, and who } acknowledged before me that '7�fi�C executed these Articles of Incorporation. IN WITNESS WHEREOF, I have hereunto afrixed my hand and seal, in the State and County afures.141. this day ofLC (Notary ScaO (Notary Public,'State of Florida at Largct My Commission erpiret: NQratrp PUB - ui�' IrArr; o•F FLbgroITr,T c�r�ci• �,fc�MMISSION Exr!I�E� t)ECEjdtiE:T lst 1994 F _l 588 A N & R C`I'IFICATE AND ACKNOWLED` .�MENT OF REGISTERED AGENT CERTIFICATE OF REGISTERED AGENT OF M ,2pMt tbrporation Monte of corporation) � . Pursuant to Florida Statutes Sections 48.091 and 607.0501, the foilowing C= is submigze. _ �, The above corporation, desiring to organize under the laws of the State of Florida with � its registered office as indicated in the Articles of Incorporation at ov��te ;� a"1 � �Pz� � l� O i.1 ��� 1?lorida . 7 q 3 7 i Ned Nede£� ' has named locate at the aforesaid address, as its Registered Agent to accept service of proccis within this state. ACKNOWLEDGEMENT Having been named as Registered Agent to accept service of process for the above stated corporation at the designated *certificate. place in this and being familiar with the obligations of that. position, I hereby accept to act in this capacity, and agree to comply with the provisions of Florida Law in keeping open said office. ( egittered agent) F %0 95- 588 CERTIFICATE & ACKNOWLEDGEMAtvr rnnV , P w d'lti�t�hp�` DISCLOSURE OF OWNERSHIP '1. leggal'description and street address of subject real'property: 2066 N Bayshore Drive Miami, Florida 33137 Lot 1 and 2, all in Block 3, of BA'YMWE EFLMDVISTCP' according to the Plat thereof recorded in Plat Book 2, at Page 35, of the Public Records of Dade County,•Florida.� 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419•requires disclosure of all parties haxi6g.a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commiss.1on. Accordingly, question 12 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties,*together with their addresses and proportionate interest; Reese Corporation Inc, of 14ollywood has the option to purchase the above property See; attached Disclosure of 0wnership..dated March 20t1l, 1995. 3. legal description and street address of any real property (a) owned by any party listed i� answer to question 12, and (b) located within 375 feet of the sub et: real propi rty. p, 1 P.eese Corporation Inc, - of tioll�r�rrvr OWNER OR ATTORNEY FOR -OWNER J cr Ja Reese, es.i c?ert� STATE OF,FLORIDA '} SS: COUNTY OF DADE } _ Ned Nedeff. Secrets being duly sworn, deposes and says t at he is the (Owner) -:(Attorney for Owner) of the real property described in answer to question 11, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Owners;,;p form on behalf of the owner. (SEAL) (Name) Notary Public, State of Florida at large Mr ►ty4 joSEPH LEUPOI.f) WL'l Ct1 MY Commisewn CC41341 F ,, ,Wes (>rj. 13. 1901, ©onded by ANO 05— 588 R' AFFIDAVIT STATE OF FLORIDA I I Ss COUNTY OF DADE Before me, the undersigned authority, this day personally appeared Ned Nedef f . representing PAG%Pin�%f AP�MlSy,&c of Hol wodo'ie, scorn, upon oath,epo a lorl.da CUTporaulon and says.: I-L-NAWT 1. That he is the-owpopi or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code 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. T4at all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion 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, phone numbers and legal descriptions for the the real property of which he 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. /� - f%� f/' / a J���� Sworn to and Subscribed before me this of 0_441i 191-t— A J Notar u blic, State of Florida at Large V my Commission Expires: JOSEPH LEOPOLD WELCH MyConwn6*1onC0413418 Expires Oct, 13, 19M Bonded by AN8 8004352-5878 95" �88 - nF A F F'I 0 A V l T 1 STATE OF FLORIDA } } SS;• COUNTY OF DADS } 6efora ale, the undersigned authority, this day personally apotered Carl 'A. Spats . who bsfng by me first duly sworn, upon oath, deposes Attorney for Rgese Baysiaore Cxuporatirn. and says: 1. That he 4s the miner, or the legal representative of the owner, subleitttag the accompanying application for a public hearing'as required by Ordinance's now of the Code -of the City of Miami. Florida, affecting the real property Aocated in the City of Miami, as described and listed on the pages attached t� this affidavit and made a part thereof., as exhibit "A". 2k That all owners which ha represents, if arty, hart given their full -and complete permission for him to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. TAat the pages attached hereto and made a -part of this affidavit contain the current names, wiling addresses, phone numbers and legal descriptions for tht -the real property of which he is the owner or legal representative. (exhibit "B"As ) T l,q pie t4on�Rd-doEu�t�sabm*e� � � ' d��eeh�gnctior<i�wi4h4thisRaff4dwit=sare�true=and=corm. 6,ER� Further Affiant sayeth not. Reese PaysY'Dre Cox'ror Lion (SEAL) Carl A. Spa Attorney for Reese Bayshore Corp. Sworn to and Subscribed before at 3400 S.W. 3 rd Avenue this 3a! day of Marcb 19� Miami, Florida 33145 (305) 856-0322 (305) 856-91 16 ( fax) • tP,RY PUd OFFICIAL NOTARY SEAL �i ELI2AEETM M DE JESUS g 5, 5 8 S tktary ` ic, Stat o lorida rtl�ph o x��'' * COMMISSION NUMBER j DISCLOSURE OF OWERSHIP Lopl 'drsertption end Itrest address of subject real-property>i 2osa IN Bavalho're Drive. Mlsaml, Norida 33137 Lot 1 less the west 1.0 feet thereof, and Lot 2, all in Block 3, of BAYONNE SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2, at Page 35, in the Public Records of Dade County, Fl. Olgrtru) of subject rio .property and percantast of oanrrship. Wes City of Miami ordic{rnce'No, `9419'raquires dtaciosure of all .partles harinq. s financiet Anterest, either direct or indirect, in the . subject cutter -of a prsimittion, *volt or petition to the City C�s,siss,ion.,- AeGordinglyo question 12 requires disclosure of shareholders of corporations; beneficiaries of trusts, andfor arty other intvrestk parties, together with their addresses and proportionats interest, 100% Fee Simple Owner- Reese Bayshore Corporation, a Florida corporation. See Exhibit "A" attached. a Legal daicription and street address of any real property (a) cored by arty party . listed inkar,swer to quittiorr-It2, and (b) located Rithin 375 feet of the subject real pmr0ty, _ ate See Exhibit "B" attached. REESE BAYSHORE CORPORATION 1 OWNER OR ATTORW FOR-O HER Carl A. Spatz, attorney —in --fact STATE OF FLORIDA. } SS: 1 COUi{11f OF DAD } CarSpatz , being duly srrorn, deposes and says that he is the (Attorney for Omer) of the real property described in answer to question 11, '00ye; that he has rtad the foregoing answers and -that the same' are true and complete; i and (if acting as attorney for owner) -that he has authority to execute the Disclosure. of Ormerihip form on behalf of -the o,rner. A '6 A QA A Carl A. Spatz (Hame) SWORN TO AND SUBSCRIBED r before to this 7 day of . March , 19„25 �.�Y PV OFFICIAL NOTARY SEAL. ""Jtai'j�PtrbliC, State.ofr�Ft� Oh�d� I O� Bpi EIIZABCTH M OE JESUS �!I i'�PU1� 9 5` 5 8 8 Sjo io6A� tam NuMSER Printed Nara-- of Nnt-ar�, v v v ; 3. PETITION FOR VARIANCE File Number A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owingpeculiar to the property and not the result -toconditions of actions of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship on the property. As used in this ordinance, a variance,is,authorized only for height, area, size of structure, dimensions of yards and other open spaces and off-street parking or Ididing require- ments." (SectionjgOl) We REESE CORPORATION Inc., of HOLLYWOOD & N & R DEVELOPMENT CORP. hereby petition the City of Miami Zoning Board for a variance from the terms of the "Zoning Ordinances of the City of Miami,u affecting property located at 2066 K Bgvshore Drive Miami below. as specified in support of this application, the following material is submitted: SEE MAJOR USE SPECIAL PERMIT APP. Y I.. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. Y 2 Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s),- parking, landscaping �etc, building• elevations and dimensions and computations of lot area d `and building spacing. 0 1 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). 4. Certified list of owners of real estate.within a 375-foot radius of the outside boundaries of property covered by the application. X 5. At least two photographs that show the entire property (land and improve- ments). 6. -(Specify) Other 7. Fee of $ to apply toward thecostof processing, based on the following: CS, PR, R-1, R-2,:(single-family and duplex residential uses) .............. $ 200.00 Piers, docks, wharves and the like, for each variance from the ordinance, per lineal foot ........... $ 30.00 Minimum ................................... $ 600.00 All other applications for each variance from the ordinance, per square foot of gross floor area of new building(s) or additions, based upon the definition of floor area (section 1901) ............. $ 0.07 Minimum ................................... S 550 00 11WW0111i Application for variance as a result of a change in approved plans or as a result of a violation notice shall be charged an addi'tional fee, per variance: CS, PR, R-I". R-2 ......................... S 200.00 All other residential districts .......... $ 350-00 All.nonresi.deniial districts ....... :...... $ 450.00 Extension of time for variance .......,... f 400.00 Surcharge equal to applicable fee from items above, nof'to exceed six hundred and•fifty'dollars ($650), 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. (City Code - Section 62-61). X B. The -variance requested is for relief from the -provisions of se( ion of the City of Miami Zoning Ordinance as follows: �. SECTION 620.20 Miami Zoning :ode t SIDE STREET SETBACK Required 150" Provided 5' 0" VARIANCE 10, 0" 9. In support of the application, the applicant is preparec :o offer the following evidence, on the point _ enumerated at , Subsection j03.1 of the City of Miami Zoning Ordinance. " ■ Note: This application cannot be accepted for Zoning Board action unit.; all of the following six items are completed. (a) Special conditions and circulastances exist which are peculiar ;o the land, structure, or building involved and which are not applicable to: other lands, structures, or buildings in the same zoning district in that: ( st evidence to be produced and use additional sheets, if necessary.) Please refer to _MAJOR USE SPECIAL Pi: MIT drawings ( MUSP ). is i 95 588 a ' X (b) The peeial conditions and circumstances do not result. from the actions of the petitioner in that: The MUSP drawings indicate an existing house on the property which is of architectural value,. In addition a 11.1 unit apartment btrilding is shown. X (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: The setback required in 'SD-20 is 5' 0". No comment is made in SD-20 in reference to �. street corner lots. To make similar zoning relaxation on corner lots as that specified for interior lots, a 5' 0" setback on the side street should be allowed. X (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: We,undersatnd this is correct - see ( c ) above. X . (e) The variance, if -granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: The site is unique in that it is on a corner directly on the bay. The quality of life of the project residents will be substantially improved by providing bay views for all residents.This minor variance is required to make this possible. 588 - T} i (f) The grant of the variance will be in harmony with the general intent and purpose of the Zoning Ordinance, 4And •wiII not be injurious to the neighborhood, or other. wise detrimental'to the public welfare. The SDr20 overlay zoning in Edge- water has the intent of enabling development to proceed. The relaxation of R-4 makes development economically feasible. The variance required will permit a .substnt.ial .upgrading. o£ thesurrounding area. Notes All documents, reports, studies;•exhibits or other written or. graphic material to be submitted to the Zoning Board shall be submitted with this application. Signature. Reese Corp: -Inc. of � ••• Owne u orited Aden —'" " Z Name Address 2066 N Bayshore D ve STATE OF.FLORIDA) Miami' Fla 33137 SS: COUNTY OF DADS ) . being duiy••sworn, .deposes -and says that he is the • (Owner) athori:ed A ent of Owner of the -real property described in answer to question fl above; that he has read the foregoing. answers and.that the same are true and complete; and (if acting As agent for..owner) ,that tie has authority. to :; execute this petition on behalf of the owner. { .(Name) SWORN TO AND SUBSCRIBED before,me this day of Notary Public, State of Florida at large -Hy Commission Expires: 95- Mo BAYSHORE BAY VILLAS REESE CORPORATION INC of HOLLYWOOD.- DISCLOSURE of OWNERSHIP _ 20th March 1995 Reese Corporation Inc., of Hollywood is a Registered Florida Corporation. The principals and sole shareholders are listed_ below;- 1/Jung Ja Reese - President: 50 % ownership 2066 North Bayshore Drive, �. Miami, Florida 33137. 2/ Larry T. Reese - Vice President. 10.% ownership _ 2066 North Bayshore Drive, -Miami, Florida 33137. 3/ Susan Ann Reese - Treasurer. 10 % ownership 2066 North Bayshore Drive, Miami, Florida 33137. 4/ Ned Nedeff - Secretary. 30 % ownership 598 Fernwood Road, Key Biscayne, Florida.33149. See attached copy of current 1995 annual State of Florida filing The above Is a statement of fact ot. J r.gYI�s se - President. (Ned Nedeff - ecret S 95-- 58� Y I"ILE NOW: FILING FEE AI•"R I CORPORATION E� ANNUAL REPORT I,u 1995 �II AAY 1 IS $225.oa FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF CORPORATIONS DOCUMENT # 267616 (1) 1. Corporation Name I REESE CORPORATION, INC. OF HOLLYWOOD i Pthttipal Place of Business Malting Address 2066 K BAYSHORE DRIVE 2066 N. BAYSHORE DRIVE MIAMI FL 33137 . MIAMI FL 33137 DO NOT WRITE IN THIS SPACE, 3. Date Incorporated or Oualified 3a. Date of Last Report 02 8 1963 09 07 1994 2. Principal Peace of Bushess 2s. Mailing Address FEI Number _ App•x:u Fat 21 2s 59-2054249 Not Af.licabk Suite. Aot. w. etc. Suite, Apt. a, etc. 5. Ca ficato of Status Desired ❑ $8.75 Additional 22 27 L Fee Required City b State City is state 6. ElectionCarrIpaiFinancing.e $Ad 278e Trust Fund Contribution ❑ Added to Fees d I2Ip Country Zip Country h B. This corporation has liability for htangiWo tax under S. 159.0�12. u 29 Flo dda Statutes ❑ Yes ❑ No 9. Name and Address of Current Registered Agent 10. Name and Address of New Registered Agent 81 Name REESE, JUNG JA 62 Street Address (P.O. Box Number Is Not Acceptable) _-- 2066 N. BAYSHORE DR MIAMI FL 33137 83 841 City FL Iasizip co:r- 11. Ptrrstknnt to the wovislons of Sections 7.0502 and 607.1508, Florida Statutes, the above -named corporation submits 1f113 statement for the purpose of changing Its registat w :'-'• , Ti o Tal rr!glstr red agent, or both. h the Stat of Florida. Such Changea authonzad by the corporations board of directors. I hereby accept the appointment as registered ag4ol. I -lit, I&V ;n:n. anacc accept the obigations of. Section 607.0505. F Statutes. FM ' 1 SIGNATURE -;kvwuru.:re.1 a lyrdw rw v of ..gwomid ymn am Ma d anOKehe. PATE gOgleAd AQW4 09- mgiad when iee"no DATE? --"• _._ ....._ ... 12. OFFICERS AND DIRECTORS 13. ADDITIONS/CHANGES TO OFFICERS AND L,-kt.;:1 It —' TITLE P IATITLE fl"IE REESE, JUNG JA 11 NAME STREET AlvEss 2066 N. BAYSHORE DR. 13 STREET ADDRESS CITY•ST-tlP MIAMI FL 33137 IACITY-ST-ZIP TITLE V 2.1 TITLE L'Itin;tc i_; l,;q- '+4'� REESE, LARRY T. a NAME STREET ADDRESS 2066 N. BAYSHORE DR 23 STREET ADDRESS CITY-SI•tlr MIAMI FL 33137 2ACITY -ST-ZIP TITLE T ' 3.1 TITLE Lj CnanV. I.-i;cO ' NAME REESE, SUSAN ANN 32NAME SIREEI AD(V9EM 2066 N. BAYSHORE DR. 33. STREET ADDRESS r TY•ST•tlo MIAMI FL 33137 3.4CITY-ST-ZIP MILL - S /.1 TITLE Clrxuge k: 14151E NEDEFF, NED +1 NAME STREET ADDRESS ` 598 FERNWOOD RD. 43 STREET ADDRESS CITY-ST-111) KEY BISCAYNE FL 33149 aACM-sT-ZIP TITLE 5.1 TITLE Lj Cnangr. i %.c 1 nAMt 51 NAME STREET ADDRESS 53 STREET ADDRESS ! 3y-51-zip 5.40TY-ST-TIP 1 riTl� 6.1 TITLE _-- LJ 61 NAME S' 63 STREET ADDRESS 6.4 CITY • ST- ZIP rehy rertlfy that the information supplied with this filing is voluntarily furnished and does not quality for the exemption stated in Section 1 19.07(3)(k), Florida Cenity Iha; Me information dldicaled on this annual report or supplemental annual report is true and accurate and that my signature shall IInvC- the S81TIn IP•(j;l' r'.I:e '.: 15 : I:.P r^ • v `bath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter G07. Florida ;antulr:x. ;1:«1 1!%): ,appears in Block 12 or Block 13 if changed, or on an attachment with an address. Ub— h•V8 YL f REESE-CORPORATION INC, of HOLLYWOOD CORPORATE _RESOLUTION The of Board Directors of Reese Corporation inc., of _ Hollywood, a ' Florida Corporation, resolve to proceed with the development of Bayshore Bay Villa Project at 2066 North Bayshore Drive, Miami. The C rporaticn will apply for all necessary permitting, Including planninb building, zoning, major special use permits etc and variances as may lbe required by local and national public authorities. t Mr Ned Nedeff is authorized to represent the Reese Corporation Inc., of Hollywood in all the above matters. AGREED cw()ev y Jo ng Ja Ree5-resi ent Neci Nedeff - - Date - 20th March 1995 95— 588 N & R DEVELOPMENT CORPORATION CORPORATE RESOLUTION The Board of Directors of N&R Development Corporation, a Florida. Corporation, resolve to proceed with the development of Bayshore Bay Villa Project at 2066 North Bayshore Drive, Miami. ti = The Corporation will apply for all necessary permitting, including planning building, zoning, major special use permits etc and variances as may a required by local and national public authorities. Mr Ned�Nedeff Is authorized to represent the N&R Development Corporation In all the above matters. 1 AGREED '/cam-. i ,�i' Ned Nedeff President. ;r J ng Ja �eese - Vice President. ' "Hsunchu Nedeff - Treas e . dk Date }Mgwc,lAr \1 � lit r +op t IOSEF'H LEOPOLO WELCH my Corrxr"sbn C0413418 Expkos Oct 13,1 M Oondod by ANO rR L' rtoo-852.5878 95- 588 WOO miiW BYLAWS OF ARTICLE 1. MEETINGS Oi= SHAREHOLDERS. I .N 1. ANNUAL MEETING. The annual meeting of the shareholders of this shall be held on the 1 St day of May of -each year or at such other ace designated by the Board of Directors of the corporation. Business 8t the annual meeting shall include the election of directors of the corporation. It xJ.. Hated day shall fall on a Sunday or legal holiday. then the meeting shall be held on usiness day thereafter. CTION 2. SPECIAL MEETINGS: Special meetings of the shareholders shall be directed by.the President or the Board of Directors. or when requested inwriting o ders of not less than l O% of all the shares entitled to vote at the meeting. A meeting 'by shareholders shall be called for a date not less than 10 nor more than 60 days -request is made, unless the shareholders requesting the meeting designate a later _ "cIII for the meeting shall be issued by the Secretary, unless the President, Board • orst?r shareholders requesting the meeting shall designate another person to do SO. SECTION 3. PLACE. Meetings of shareholders shall be held at the principal place of business of the corporation or at such other place as may be designated by the Board of r Directors. SECTION 4. NOTICE. Written notice stating the piaCe. day and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than 10 nor more than 60 days before the meeting, either personally or by first call mail, by or at the direction of the President, the Secretary or the officer or persons calling the meeting to each shareholder of record entitled to vote at such meeting If mailed, such notice shall be deemed to*be delivered when deposited in the United States mail addressed to the shareholder ai his address as it appears on the stock transfer books of the corporation, with postage thereon prepaid. 95- 588 %A �i • SECTIONS. NOTICE OF ADJOURNED MEETING. When a meeting is adjourned to another time or place, It shall not be necessary to give any notice of the adjourned meeting it the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment Is taken, and at the adjourned meeting any business may be transacted Ghat might have been transacted on the original date of the meeting. If, however, after the adjournment the Board of Directors fixes a new record date for the adjourned meeting. a notice of the adjourned meeting shall be given as provided In this Article to each shareholder of record on the new record date entitled to vole at such meeting. SECTION 6., SHAREHOLDER QUORUM AND VOTING. - ?S percent of the shares entitled to vote, represented In person or by proxy, shall constitute a quorum at.a meeting of shareholders. It a quorum Is present, the affirmative vote of 51 cue iant of the shares represented at 'the meeting and entitled to vote on the subject matter shall be the act of the shareholders unless otherwise provided by law. SECTION 7.j VOTING OF SHARES. Each outstanding share shall be entitled to one vote on each matl$r submitted to a vote at a meeting of shareholders. SECTION 8. ,,\PROXIES. A shareholder may vote either in person or by proxy 0 1 executed in writing by .the shareholder or his duly authorized attorney -in -fact. No proxy shall be valid after the duration of 11 months from the date thereof unless otherwise provided in the proxy. SECTION 9. ACTION BY SHAREHOLDERS WITHOUT A MEETING. Any action required by law, these bylaws, or the Articles of Incorporation of this corporation to be taken at any annual or special meeting of shareholders, or any action which may be taken at any annual or special meeting'of shareholders, may be taken without a meeting, without prior notice and .without a vote. if a consent in writing, setting forth the action so taken, shall besigned by the holders of outstanding stock having not less than the minimum number of votes that would be necessary to authorize or take such action at a -meeting at which all shares entitled to vote thereon were present and voted, as Is provided by law. 588 1 s N. ARTICLE If. DIRECTORS SECTION 1. FUNCTION. All corporate powers shall be excercised by or under the authority of, and the buisness and affairs of the corporation shall be managed under the direction of, the Board of Directors. ' SECTION 2. OUALIFICATION.. Directors be residents of this state and shareholders of this corporation. SECTION 3. COMPENSATION. The Marebolders Annual meeting shall have authority to fix the compensation of directors. SECTION A, PRESUMPTION OF ASSENT. A director of the corporation who is present at a meeting of the Board of Directors at. which action on any corporate matter is taken shall be presumed to have assented to the action taken unless he votes against such action or abstains from voting in respect thereto because of an asserted conflict of interest. t SECTION 5. NUMBER. This corporation shall have - TYuree (3) directors. k. SECTION 6. ELECTION AND TERM. Each person named in the Articles of 1�31' Incorporation as a member of the initial Board of Directors shall hold office until the first annual meeting of shareholders, and until his successor shall have been elected and qualified or until his earlier resignation, removal from office or death. At the first annual meeting of shareholders and at each annual meeting thereafter the shareholders shall elect directors to hold office until the next succeeding annual meeting. Each director shall hold office for a term for which he is elected and until his successor shall have.been elected and qualified or until his earlier resignation, removal from office or death. SECTION 7. VACANCIES. Any vacancy occurring in the Board of Directors; including any vacancy created by reason of an increase in the number of directors, maybe filled by the affirmative vote of a majority of the remaining directors though less than a quorum of the Board of Directors. A director elected to fill a vacancy shall hold office only until the next election of directors by the shareholders. SECTION 6. REMOVAL OF DIRECTORS. At a meeting of shareholders called 4 expressly for that purpose, any director of the entire Board of Directors may be removed. with or without'cause. by a vote of the holders of 751 �._,� of the shares then entitled to vote at an election of directors. SECTION 9. QUORUM AND VOTING. All of the number of directors fixed by these bylaws shall constitute a quorum for the transaction of business. The act of of the. directors present 'at a meeting at which a quorum is present shall be the act of the Board of Directors, SECTION 10: EXECUTIVE AND OTHER COMMITTEES. The Board of Directors, by resolution adopted by of the full Board of Directors, may designate from among its members, an executive committee and one or more other committees each of which, to the extent provided in such resolution shall have and may exercise ail the authority of the Board of Directors, execpt as is provided by law. SECTION 11. \PLACE OF MEETING. Regular and special meetings o1 the Board of Directors.shall be held At a place desicinated' by the secretary having notified all Directors in advance SECTION 12. TIME, NOTICE AND CALL OF MEETINGS. Regular meetings of the Board of Directors shall be held without notice on lst May. Written notice of the time and place of special meetings of the Board of Directors shall be given to each director by either personal delivery, telegram or cablegram at least 7 days belore the meeting or by notice mailed to the director at least 30 days before the meeting: Notice of a meeting of the Board of Directors need not be given to any director who signs a waiver of notice either before or after the meeting. Attendahce of a director at a meeting shall constitute a waiver of notice of such meeting and waiver of any and all objections to the place of the meeting. the time of the meeting, or the manner in which it has been called or convened, except when a director states, at the beginning of the meeting, any objection to the transaction of business because the meeting is not lawfully called or convened -iv- 95-- 588 L u Neither the business to be transacted at. nor. the purpose of, any regular or special meeting of the Board of Directors need be specified In the notice or waiver of notice of such meeting. A majority of the directors present, whether or not a quorum exists, may adjourn any meeting of the Board of Directors to another time and place. Notic•8 5f any such adjouned J. meeting shall be given to the directors who were not present at the time of the adjournment and, unless the time and place of the adjourned meeting are announced at the time of the adjournment, -to the other directors. Meetings of the Board of Directors may be called by the chairman of the board, by the president of the corporation or by any two directors. Members. of; the Board of Directors may participate in a meeting of such board by means of a conference telephone or similar communications equipment by means of which all persons participating In the meeting•can hear each other at the same time. Participation I by such means shj I constitute presence in person at a meeting. SECTION 13. ,, ACTION WITHOUT A MEETING. Any action required to be taken at a meeting of the Board of Directors. or any action which may be taken at a meeting of the Board of Directors or a committee thereof, may be taken without a meeting If a consent In writing, setting forth the action so to b.e taken, signed by all the directors, or all the members of the committee. as the case may -be, is filed in the minutes of the proceedings of the board or of the committee. Such consent shall have the same effect as a unanimous vote. ARTICLE 111. OFFICERS SECTION 1 OFFICERS. The officers of this corporation shall consist of a president. a secretary and a treasurer, each of whom shall be elected by the Board of Directors. Such other officers and assistant officers and agents as may be deemed necessary may be elected or appointed by the Board of Directors from time to time. Any two or more offices may be held by the same person. SECTION 2. DUTIES. The officers of This corporation shall have the following duties: The President shall be the chief executive officer of the corporation, shall have general and active management of the business and affairs of the corporation subject to the directions of the Board of Directors, and shall preside at all meetings of the shareholders V. 95- 588 J. and Board of Directors, The Secretary shall have custody of, and maintain, all of the corporate records except the financial records; shalt record the minutes of all meetings of the shareholders and Board of Directors, send all notices of all meetings and perform such other duties as may be be prescribed by the Board of Directors or the President. The Treasurer shall have custody of all corporate funds and financial records, shall+ keep full and accurate accounts of receipts and disbursements and renderaccounts thereof at the annual meetings of shareholders and whenever else required by the Board of Directors or the President, and shall perform'such other duties as maybe prescribed by the Board of Directors or the President. SECTION 3.. REMOVAL OF OFFICERS. An officer or'agent elected or appointed by the' Board of Directors may be removed by the board whenever in its judgement the best Interests of the corporation will be served thereby. Any vacancy 'f, any office may be filled by the Board of Directors. ARTICLE IV. STOCK CERTIFICATES SECTION 1. ISSUANCE. -Every holder.ol shares In this corporation shall be entitled to have a certificate representing all shares to which he Is eritilled. No certificate shall be Issued for any share until such share is fully paid. SECTION 2. FORM. Cenificales representing shares in this corporation shall be signed by the President or Vice President and the Secretary or an Assistant Secretary and may be sealed with the seal of this corporation or a facsimile thereof. I • SECTION 3. TRANSFER OF STOCK The corporation shall register a stock certificate presented to it for transfer if the certificate is properly endorsed by the holder of Irecord or by.his duly authorized attorney. ' SECTION 4. `-LOST, STOLEN, OR DESTROYED CERTIFICATES. If the shareholder shall claim to have lost or destroyed a certificate of shares issued by the corporation, a new certificate shall be issued upon the making of an affidavit of that fact by the person claiming 1 the certificate of stock 10 be lost, stolen or destroyed, and, at the discretion of the Board'of Directors, upon the deposit of a bond or other indemnity in such amount and with such sureties, it any, as the board may reasonably require. I -vi- 95- 588 34 .a ARTICLE V. BOOKS AND RECORDS, 1 SECTION 1. BOOKS AND RECORDS. This corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of Its shareholders, Board of Directors and committees of directors. This corporation shall keep at its registered office or principal place of business a record of Its shareholders, giving the names and addresses of all shareholders and the number of the shares held by each. Any books, records and minutes maybe in written form or in any other form capable of being converted Into written form within a reasonable time. SECTION 2. SHAREHOLDERS' INSPECTION RIGHTS. Any person'who shall have been a holder of record of shares or of voting trust certificates therefore at least six months immediately preceding his demand or shall be the holder of record of, or the holder of record of voting trust cenificates for, at least five percent of the outstanding shares of the corporation, upon written demand stating the purpose thereof, shall have the right to examine, in person or bt agent or attorney, at any reasonable time or times, for any proper purpose Its relevant boIs and records of accounts, minutes and records of shareholders and to make extracts therefrom. SECTION3. FINANCIAL INFORMATION Not later than four months after the close of each fiscal year. this corporation shall prepare a balance sheet showing in reasonable detail the -financial condition of the corporation as of the close of its fiscal year, and a profit and loss statement showing the results of the operations of the corporation during its fiscal year. Upon the written request of any shareholder or holder of voting trust certificates for shares of the corporation, the corporation shall mail to each shareholder orholder of voting trust certificates a copy of the most recent such balance sheet and profit and loss statement. The balance sheets and profit and loss statements shall be filed in the registered office of the corporation in this state, shall be kept for at least live years, and shall be Subject to Inspection during business hours by any shareholder or holder*ol voting trust certificates, in person or by agent. _ F Y I 1 95- 588 ACKNOWLEDGMENT CORPORATION Sigmd, witnessed, executed and acknowledged on this JL day of Y dMI, 199 IN WITNESS FyILERE, OF I & R Development Corporation (Corporate name) hds caused these presents to be signed in Its name by its proper officials, and its corporate seal to be affixed. Vi-itnuses. 2 r �—' N & R Development Corporation tum SiUnat Corporate Name Address: P Ne=lc 2066 North Bayshore Drive Si tune A/-/- SON /I/- EX /I � By Nt-d -(Npdpff Print Name (President, Vice -President) The foregoing instrument was acknowleged before me this - A day of, h4z,6f 01911-C—bY-Mr- Ned Hadeff of N R R Tigirel op -ant- PqrnnrAtj nn p a. Plarl do corporation, on behalf of the corporation. He/She is personally known to me or has produced Driver License as identification and did/did not take an oath... Witness my signature and official seal this � day of OnL-'-�M 199,!r, in the County and State aforesaid, the date.=44warlwaforesaid. 2rtook an oath 0 did no OathSEPH LEOPOLD WELCH myCommission ce4i2m Expires OCL 13, Im Bonded by AN13 mY Co mmissid Xpims: Print Name 95- 588 uu lattruaitut was prcpikrtd byt tam- Barbara C ''-Jauley •Attn At Law ' •� .3445 N.W. 7th Street Miami, P..lorida(s ""roaervedforClerk) UMTY OF TITLE WHEREAS, the undersigned is the Owner of that property described as: Lot 1 and Lot 2 ,all in Block 3, of BAYONNB SUBDIVISION according to the plat thereof as recorded in Plat Book 2, at Page 35, of the Public Rec3rds of Dade County, Florida. Also lrnowa as S i t e o f _ Bay -shore Bav Dade County, Florida, and The Villas project. - Q�vner recognizes and aolcnowledgcs that €or the public health, welfare, safoty or morals, the herein -described property should not be divided into separate parcels owned by several owhers so,long as the same is put to the hereinafter use, and in consideration of One Dollar_ and for other good and valuable consideration, Owner hereby'agrees to restrict the use of the subject property in the following manner: That said property, shall be considered as one plot and -parcel of land and that no portion of said P lot and parcel of and shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. Owner farther agrees that this condition, restriction and limitation shall be.deemed a covenant running with the land and shall remain. in full force and, eff;ct and be binding upon the Owner, their heirs, successors, personal representatives and assigns and upon all mortgagees or lessees until such time as the same may be released in writing by the Director, of the Dade County Building and Zoning bepartment, or his designee, or the executive officer of the successor of such Department, or in the absence Msuch director or executive officer, by his assistant in charge of the office in his absence. . Further provided, however, de that a release will be executed when the promises are made to conform with applicable zoning regulations or the use or structure is removed from the premises and there is no further reason to -maintain the Unity -of Title on the public records. Con ILse Qnly Verified by g5- 588 A-u v izua y Council On ]Historic Preservation RECEIVE.- � n o.. ... t.i The Old Post Office Building 1100 Pennsylvania Avenue. NW. #809 Washington. DC 20004 DEC 2 3 1994 Mr. Paul C. Grafton Acting Director Department of Housing and Urban Development Housing Development Division, 4HHD 301 West Bay Street, Suite 2200: Jacksonville, FL 32202-5121 REF: Bayshore Bay Villa Project, Miami, Florida Dear Mr. Grafton: Enclosed is your copy of the Memorandum of Agreement for the referenced project which has been accepted by the Council. This acceptance completes the requirements of Section 106 of the National Historic Preservation Act and the Council's regulations. A copy of the Agreement has also been sent to the. Florida State Historic Preservation Officer (SHPO). Should you have any questions, please contact Charlene Dwin Vaughn, AICP, at 202-606-8505. We appreciate your continued cooperation. e lY. ima IDt r Eastern Office of Review Enclosure r_ WHEREAS, the United States Department of the Housing and Urban Development (hereinafter referred to as HUDj has determined that the new construction of Bayshore Bay Villa Project (hereinafter referred to as Bay Villa Project), using HUD 221 (d)(4) [Mortgage Insurance - Rental Housing] program funds, shall have an effect upon properties that are eligible for listing in the National Register of Historic PIaces, and has consulted with the Florida State Historic Preservation Officer (hereinafter referred to as Florida SHPO) and the Advisory Council on Historic Preservation (hereinafter referred to as Council)` in accordance with section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470f et seq. (the Act), and its implementing regulations (36 CPR 800); WHEREAS, HUD has consulted with the Florida SHPO and has determined: that historic properties located at 2066 North Bayshore Drive, 2072 North Bayshore Drive and .348 North East 21st Street identified ,within the area of potential effect have been determined eligible for inclusion in the National Register of Historic Places (hereinafter referred to as Register); and that no archaeological resources eligible for the Register are present or deemed likely to occur within the area of potential effect; and 1 95- 588 WHEREAS, the N & R Development Corporation, as Project Sponsor of the Bay Villa Project- hereinafter referred to as "Project Sponsor" ), has participated in the consultation and has been invited to concur in this Memorandum of Agreement; NOW, THEREFORE, it is mutually agreed that the undertaldng shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties in accordance with the Act. STIPULATIONS HUD in consultation with .the Project Sponsor shall ensure that the following stipulations are implemented 1. DEMOLITION AND RECORDATION For the historic property located at 2072 North Bayshore Drive, the Project Sponsor shall ensure that architectural documentation is prepared in accordance with the Secretary of the Interior's Standards & Guidelines for Architectural and Engineering Documentation and submitted to HUD which shall forward said. submittal to the Florida SHPO. The 'documentation shall include, but is not limited to (1). large format photographs on archival stable material, and the 4 x 5 photograph negatives in archival material storage sleeves, of all exposed facades, selected interior spaces and special architectural details; and (2) a sketch plan of each floor in its present condition on acid -free paper. The original documentation shall be retained by the Florida SHPO and an archival quality copy shall be provided to an appropriate local archive designated by the Florida SHPO. . •: 2 95- 588 IL° NEW CONSTRUCTION It is acknowledged by the parties to this Agreement that the high rise Bay Villa Project will be. inconsistent in scale with the adjacent historic properties which are to remain. HUD shallrequire; prior to providing mortgage insurance, that the Project Sponsor's design of the Bay Villa Project ,be in accordance with the Historical Impact Report ( Appendix A ), in order to mitigate the adverse effect of this disparity in scale and style to the adjacent historic properties. To the extent possible, new construction shall be consistent with the recommended approaches contained in the Secretary. of the Interior's Standards for rehabilitation and Guidelines for Rehabilitating Historic Buildings (U.S. Department of the Interior, National Park Service, 1990). - The design and specifications for the project continue to be developed in consultation with the Florida SHPO and submitted to the Florida SHPO in final form for approval before the closing which will occur prior to construction. The Florida SHPO shall have 30 calendar days from the date of receipt of the documents from the Project Sponsor to provide comments. The Florida SHPO will have 1Q days from receipt of documents to notify the Project Sponsor that they are complete in scope. If no comments are provided within the 30 day period then the documents shall be deemed to be approved. III. INTERIM PROTECTION & REHABILITATION: HUD shall require, prior to providing mortgage insurance, that a plan for the rehabilitation of the property located at 2066 North Bayshore Drive will be put into effect. The plan shall require that the Project Sponsor will rehabilitate the exterior and interior of 2066 North Bayshore Drive. This work will be performed to the extent. feasible, in accordance with the recommended approaches to rehabilitation set forth in the Secretary of the Interior's Standards for the Rehabilitation and Guidelines for Rehabilitating Historic Buildings ( U.S. Department of the Interior, National Park Service 1990) where applicable. The design and specification documents for this part of the project will be developed in consultation with the Florida SHPO and submitted to the Florida SHPO for approval by the Project Sponsor. 3 95 588 0 The Florida SHPO shall have. 30 calendar days from the date of receipt of the above, required design and specification documents from the Project Sponsor to provide comments. The Florida SHPO will have 10 days, from the receipt of documents to notify the Project Sponsor that they are complete. If no comments are provided within the 30 day period the document shall be deemed to be approved. 1V. REPORTING The Project Sponsor shall submit semi-annual reports to the Florida SHPO until all the provisions of this agreement are completed. V, AMENDMENT HUD may require an amendment to the Agreement in'accordance with 36 CFR- 800.5(c)(5) if the Project Sponsor cannot comply with the terms of the Agreement. V 1. DISPUTE RESOLUTION AMONG CONSULTING PARTIES Should the Florida SHPO make a timely objection to any plans or other documents provided for -review pursuant to the terms of this Agreement, HUD shall consult with the Florida SHPO to resolve the objection. If HUD determines that the objection cannot be resolved, HUD shall request the further comments of the Council pursuant to 36 CFR 800.6(b). Any Council comment provided in response to such a request shall. be taken into account, by HUD in accordance with 36 CFR 800.6(c)(2) with reference only to the subject of the dispute. HUD'S responsibility to carry out. all Actions under this Agreement that are not the subject of the dispute shall remain unchanged. HUD shall not allow the Project Sponsor to commence or continue construction work with funds insured under the Section 221 (d) (4) program if the Florida SHPO establishes that there is any deviation from the plans and specifications they have approved. V11. DISPUTE RESOLUTION OF PUBLIC OBJECTIONS At any time duringimplementation of the measures stipulated in this Agreement, should an objection to any such measures or its manner of implementation be raised by a member of the public, HUD shall take the objection into account and consult as needed with the objecting party, the Florida SHPO and the Council to resolve the objection. 4 ZE 4. The landscape plan which was submitted with the application is lacking suffic4ent-detaals regIIired for a complete review; a fully specified final landscape plan must be completed and submitted for the review and approval of the Director of the Planning, Building and. Zoning Department prior to the issuance of any building permits. The recommendation of approval of the proposed residential project is based on findings that upon compliance with the conditions outlined above, the project will be in compliance with all of the criteria as listed in Articles 5, 13 and 17 ofZoningOrdinance 11000 and will be beneficial to the city by providing new housing opportunities within the Edgewater area; also finding that, with the above spe+;ified modifications, the project will have no adverse effects on the surrounding area. Page 2 of 2 95- 588 53 RESOLUTION PAB - 28-95 A RESOLUTION RECOMMENDING DENIAL OF A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 5 AND 17 OF ZONING ORDINANCE 11000, AS AMENDED, IN ORDER TO DESIGNATE THE BAYSHORE BAY VILLAS PROJECT, LOCATED AT 2066 N. BAYSHORE DRIVE, AS A PLANNED UNIT DEVELOPMENT. ATTEST:G�- RODRIGUEZ, PLANNING, BUILDING A D ZONING Mrs. Ileana.Hernandez offered the following Resolution and moved its adoption. RESOLUTION ZB 73-95 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION, THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED,THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,,SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL, 'INTENSITY, TO ALLOW A SIDE YARD SETBACK OF 5'-011 (15'-0" REQUIRED) FOR A PROPOSED APARTMENT COMPLEX'OF 112 UNITS ` LOCATEDAT2066 NORTH BAYSHORE DRIVE LEGALLY DESCRIBED AS LOT 1'LESS THE WEST 10 FEET THEREOF, AND `LOT 2, BLOCK 3, BAYONNE SUBDIVISION (2-35) PUBLIC RECORDS_OF DADE COUNTY; ZONED R-4 MULTIFAMILY.HIGH-DENSITY RESIDENTIAL/SD-20 EDGEWATER OVERLAY DISTRICT. THIS VARIANCE WAS GRANTED PER PLANS IN FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND SUBJECT TO CONDITIONS NO. 2 AND 4 HEREOF ATTACHED. Upon being seconded by.Mr. Gary M. Carman .., 95- 588 �' 110" ANALYSIS FOR VARIANCE REQUEST AS PART OF A MAJOR USE SPECIAL PERMIT FOR BAYSHORE BAY VILLAS 2066 NORTH BAYSHORE DRIVE The requested setback variance is a component of a Major Use Special Permit request for a residentiai apartment complex to be constructed at 2066 North Bayshore Drive. The project, as proposed, will consist of a new 29 story, ill unit apartment complexand a two-story single family residence (currently being used as a multifamily building) to be rehabilitated on the site; the project will also consist of a 132 parking space parking structure. The Planning, Building and Zoning Department -rs recommending denial of the requested variance (based on findings stated in #1 below) and approval of the residential project (see findings below) with the following conditions: 1.`The proposed site plan should be modified to delete the requested setback variance the subject property is of regular size and configuratjon, therefore there is no, hardship to justify- the ten foot setback variance request (leaving a 5 foot setback where 15 feet are required). The parking structure and residential tower, as proposed, are not making efficient use of the subject property; the project could be repositioned on the site to accommodate it in its entirety without requiring the setback variance and without affecting the existing historic building to remain on the site. 2. The depicted loading berths should be repositioned so as to offer a more convenient access to the proposed residential- structure. As proposed, one of the loading berths has no direct access to the building; loading and unloading activities will have to be done across the lawn; the other berth while offering better accessibility, still requires loading activities to cross a covered portico in front of the building (facing the bay). The loading berths would better serve the building and protect the bay views, if they were repositioned to the rear of the project in some manner. 3. The project, as presented, consists of a total of 132 parking spaces. While the requirements of the SD-20 Zoning Overlay District, have theoretically been met with the 132 spaces being proposed, in reality, the majority of the proposed units are two bedroom units which are only providing one parking space pper unit, and the trend of most households requiring two bedrooms is to have two cars. The Planning, Building and Zoning Department is therefore requesting that approval of the proposed project be subject to the provision of approximately 25`additional parking spaces.(i.e., one more parking level on the proposed parking structure), in order to assure that potential parking spillover from this project will not have an adverse effect on the adjacent neighborhood. Page 1 of 2 - 95- 588