HomeMy WebLinkAboutPZAB 03-21-12 Supporting DocsPZAB.3
File ID:
Title:
Location:
Applicant(s):
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
12-00087zc Quasi -Judicial
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE
OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM "T6-8 0" URBAN
CENTER ZONE AND "T5-O" URBAN CENTER ZONE TO "T6-12 0" URBAN
CORE ZONE AND "T6-8 0" URBAN CORE ZONE, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 566, 570 AND 650 NORTHWEST 8TH
STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Approximately 566, 570 and 650 NW 8th Street [Commissioner Michelle
Spence -Jones - District 5]
Gilberto Pastoriza, Esquire, on behalf of Windsor Investment Holdings, LLC,
Owner and Miami River Village, LLC, Contract Purchaser
2525 Ponce de Leon Blvd., #700
Coral Gables, FL 33134
(305) 854-0800
Current Zoning: T5-0 Urban Center Zone
T6-8 0 Urban Core Zone
Proposed Zoning: T6-8 0 Urban Core Zone
T6-12 0 Urban Core Zone
Purpose: This will change the above properties from T6-8-0 "Urban Core Transect
Zone" and T5-0 "Urban Center Transect Zone" to T6-12-0 "Urban Core
Transect Zone" and T6-8-0 "Urban Core Transect Zone".
Planning and Zoning
Department
Recommendation: Denial.
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: March 21, 2012
ANALYSIS FOR ZONING CHANGE
Approximately 566, 570 & 650 NW 8th Street,
FILE NO 12-00087zc
The subject proposal seeks to amend the Miami 21 Zoning Atlas and has been reviewed pursuant to Article 7, Section
7.1.2.8 of the Miami 21 Zoning Code, Ordinance 13114, as amended.
Application requests:
A change to the current zoning classification of T5-0 "Urban Center Transect Zone -Open" and T6-8-0 "Urban
Core Transect Zone" to T6-8-0 "Urban Core Transect Zone — Open" and T6-12-0 "Urban Core Transect Zone".
The subject property is located within the Overtown NET area, and consist of twenty-six parcels comprising 4.44 acres,
located on the East side of NW 7th Avenue, between NW 7th Street and NW 81h Street as described in Exhibit "A"
(Complete legal description is on file with the Hearing Boards Section).
Review and analysis of the proposed application finds that:
• The subject property is zoned T6-8-0 "Urban Core Transect Zone" and T5-0 "Urban Center Transect Zone".
• The property is flanked to the north by T5-R "Urban Center Transect Zone- Restricted", to the east by T5-0
"Urban Center Transect Zone - Open", to the south by T6-8-0 "Urban Core Transect Zone" and to the west by
D1 "Work Place"
• The applicant is seeking to develop a multifamily housing development at the property.
• The subjectparcels comply with Article 7, Amendment to the Miami 21 Code, 7.1,2.8 a. Successional Zoning.
• The area is predominantly medium height in character. The proposed increase in Transect Zones would be out
of scale with the context specifically with the medium density residential to the north and the nearest single
family residential to the west. Additionally, an increase to T6-8-0 on the parcel immediately to the east will not
be a logical extension and it will be an intrusion of high density development (150 du/acre) into a medium
density area (65 du/acre).
• The proposed zoning designations are consistent with the Miami Comprehensive Neighborhood Plan (MCNP)
FLUM designation of Restricted Commercial.
Based on the aforementioned findings, the Planning Department recommends denial of the application -
as presented.
Analysis for ZONING CHANGE
File ID: 12-00087zc
a) The proposed change conforms with the adopted Miami Comprehensive
Neighborhood Plan and does not require a plan amendment.
b) The proposed change is in harmony with the established land use pattern.
c) The proposed change is related to adjacent and nearby districts.
d) The change suggested is not out of scale with the needs of the neighborhood
or the city.
e) The proposed change maintains the same or similar population density
pattern and thereby does not increase or overtax the load on public facilities
such as schools, utilities, streets, etc.
f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
g) Changed or changing conditions make the passage of the proposed change
necessary.
h) The proposed change positively influences living conditions in the
neighborhood.
i) The proposed change has the same or similar impact on traffic and does not
affect public safety to a greater extent than the existing classification.
j) The proposed change has the same or similar impact on drainage as the
existing classification.
k) The proposed change has the same or similar impact on Tight and air to
adjacent areas as the existing classification.
I) The proposed change has the same or similar impact on property values in the
adjacent area as the existing classification.
m) The proposed change will contribute to the improvement or development of
adjacent property in accord with existing regulations.
n) The proposed change conveys the same treatment to the individual owner as
to owners within the same classification and the immediate area and furthers the
protection of the public welfare.
o) There are substantial reasons why the use of the property is unfairly limited
under existing zoning.
p) It is difficult to find other adequate sites in the surrounding area for the
proposed use in districts already permitting such use.
0 150 300
I
M IAM 121 MAP
600 Feet
ADDRESS:566, 570 & 650 NW 8 ST
0 150 300
1
1 1 1 I 1
MIAMI 21 MAP - PROPOSED
600 Feet
ADDRESS:566, 570 & 650 NW 8 ST
4. 1 _
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600 Feet
ADDRESS:566, 570 & 650 NW 8 ST
MITCHELL BIERMAN, P.A.
NINA L. BONISKE, P.A.
MITCHELL J. BURNSTEIN, P.A.
JAMIE ALAN COLE, P.A.
STEPHEN J. HELFMAN, P.A.
GILBERTO PASTORIZA, P.A.
MICHAEL S. POPOK, P.A.
JOSEPH H. SEROTA, P.A.
SUSAN L. TREVARTHEN, P.A.
RICHARD JAY WEISS, RA.
DAVID M. WOLPIN, P.A.
DANIEL L. ABBOTT
GARY L. BROWN
JONATHAN M. COHEN
IGNACIO G. DEL VALLE
JEFFREY D. DECARLO
ALAN L. GABRIEL
DOUGLAS R. GONZALES
EDWARD G. GUEDES
JOSHUA D. KRUT
MATTHEW H. MANDEL
ALEXANDER L. PALENZUELA-MAURI
ANTHONY L. RECIO
BRETT J. SCHNEIDER
CLIFFORD A. SCHULMAN
LAURA K. WENDELL
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.L.
ATTORNEYS AT LAW
A PROFESSIONAL LIMITED LIABILITY COMPANY
INCLUDING PROFESSIONAL ASSOCIATIONS
MIAM1-DADE OFFICE
2525 PONCE DE LEON BOULEVARD
SUITE 700
CORAL GABLES, FLORIDA 33134
TELEPHONE 305-854-0800
FACSIMILE 305-854-2323
WWW.WSH-LAW.COM
BROWARD OFFICE
200 EAST BROWARD BOULEVARD • SUITE 1900
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE 954-763-4242 • FACSIM ILE 954-764-7770
*OF COUNSEL
January 20, 2012
VIA HAND DELIVERY
Mr. Anel Rodriguez
Department of Hearing Boards
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
Re: Public Hearing Application
Dear Mr. Rodriguez:
Our firm represents Windsor Investment Holdings, LLC, a Florida limited liability
company (owner) and Miami River Village, LLC, a Florida limited liability company (contract
purchaser) (collectively the "Applicant") in connection with the rezoning of the properties
located at 650 NW 8 Street, 570 NW 8 Street, and 566 NW 8 Street, and legally described in the
attached Exhibit "A" (collectively, the "Property"). The Property is designated Restricted
Commercial in the Miami Comprehensive Neighborhood Plan and is zoned T6-8 0 & T5-0
under Miami 21. The Property is comprised of the entire city block bounded by NW 7 Avenue
on the west, NW 7 Street on the south, NW 8 Street to the north, and NW 6 Avenue to the east
and two additional parcels on. NW 8 Street just east of NW 6 Avenue. The Property is an urban
infill development site and is located within the Culmer Station Transit Oriented Development
Pedestrian shed allowing for easy access to public transit and transportation connectivity. The
Property is serviced by existing infrastructure including water, sewer, roads and other utilities.
ADRIAN J. ALVAREZ
LILLIAN M. ARANGO
SARA E. AULISIO
BROOKE P. DOLARA
RAQUEL ELEJABARRIETA
CHAD S. FRIEDMAN
OLIVER GILBERT•
ERIC P. HOCKMAN
HARLENE SILVERN KENNEDY*
KAREN LIEBERMAN•
JOHANNA M. LUNDGREN
ALEIDA MARTINEZ MOLINA•
KATHRYN M. MEHAFFEY
MATTHEW PEARL
TIMOTHY M. RAVICH"
AMY J. SANTIAGO
DANIEL A. SEIGEL
GAIL D. SEROTA*
JONATHAN C. SHAMRES
ESTRELLITA S. SIBILA
ALISON F. SMITH
ANTHONY C. SOROKA
EDUARDO M. SOTO
JOANNA G. THOMSON
MICHELLE D. VOS
PETER D. WALDMAN*
JAMES E. WHITE
SAMUEL I. ZESKIND
Mr. Anel Rodriguez
January 20, 2012
Page 2
The Applicant is seeking an amendment to the Miami 21 Zoning Atlas from T6-8 0 &
T5-0 to T6-12 0 and T6-8 0 in order to develop a multifamily housing development at the
Property. The purpose of the rezoning is to accommodate transitions in height within the
development so as to create a transition in scale that is compatible with the neighborhood. The
rezoning request meets the criteria set forth in Sec. 7.1.2.8(c) (1) as the request involves a
property greater than 40,000 square feet and more than two hundred (200) foot of street frontage.
More specifically, the Property is approximately 193,600 square feet and has 711 feet of frontage
along NW 8 Street. In addition, the change we are seeking meets the successional zone change
requirement set forth in Sec. 7.1.2.8(a)(3), be it a rezoning to the next higher transect zone.
The Miami 21 Code is intended to advance the interests of both conservation and
development while responding to the existing conditions of the City, its regional context, and its
natural features, infrastructure and buildings. The existing conditions in the general area provide
for a variety of housing types, marine industrial uses along the Miami River and retail
opportunities. The change we seek furthers the intent and purpose of the Miami 21 Code. Please
refer to the enclosed map series depicting the properties within 0.5 miles of the Property
including aerial, Future Land Use Plan map and Miami 21 Zoning Atlas. n ,.
For the reasons stated herein, we believe that the zoning change is justified and we kindly
request your favorable recommendation and approval of this request. Thank you for your
consideration of this matter. Please call me if you have any questions or require additional
information.
GP/ms
Gilberto Pastoriza
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.L.
Mr. Anel Rodriguez
January 20, 2012
Page 3
Miami 21 Future Land Use Map
Properties Within 0.5 Miles
UghtIndustria
,
\,
Mr. Anel Rodriguez
January 20, 2012
Page 4
Miami 21 Zoning Map
Properties Within 0.5 Miles
it • _ _ _ 6
o o—ex -
ki '140
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0.1‘0 0 0 01 +1-0 j
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Mr. Anel Rodriguez
January 20, 2012
Page 5
Aerial Map
Properties Within 0.5 Miles
This instrument prepared by and
after recording return to:
Gilberto Pastoriza, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
DECLARATION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
KNOW ALL PERSONS BY THESE PRESENTS: That Windsor Investment
Holdings, LLC, a Florida limited liability company ("Owner") hereby makes, declares and
imposes on the land legally described on Exhibit "A" attached hereto (the "Property") the
covenants running with the title to the land set forth herein, which shall be binding on the Owner,
all heirs, successors and assigns, personal representatives, mortgagees, lessees and against all
persons claiming by, through or under them.
WHEREAS, Owner holds fee simple title to the Property; and
WHEREAS, Owner may wish to convey portions of the Property from time to time and
this instrument is executed in order to assure that the phased development of the Property with
future ownership will not violate any subdivision or zoning requirements of the City of Miami;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are
hereby acknowledged, Owner hereby agrees as follows:
1. In the event of multiple ownership of the Property or portions thereof, each of the
subsequent owners, mortgagees and other parties in interest shall be bound by the terms,
provisions and conditions of this instrument; and Owner will not convey portions of the Property
to such other parties unless and until Owner and such other parties shall have executed and
mutually delivered in recordable form an instrument to be known as a "Declaration of
Restrictions and Reciprocal Easement Agreement' which shall contain, among other things, the
following:
(a) Easements in the common area of each parcel for ingress to and egress
from the other parcels.
(b) Easements in the common area of each parcel for the passage and parking
of vehicles.
(c) Easements in the common area of each parcel for the passage and
accommodation of pedestrians.
Easements for access roads across the common area of each parcel to
public and private roadways.
Easements for the installation, use, operation, maintenance, repair,
replacement, relocation or removal of utility facilities in appropriate areas
in each such parcel.
Easements on each parcel for construction of buildings and improvements
in favor of each other parcel.
Easements upon each parcel in favor of each adjoining parcel for the
installation, use„ maintenance, repair, replacement and removal of
common construction improvements such as footing, supports and
foundations.
(h) Easements on each parcel for attachment of building.
(i) Easements on each parcel for building overhangs and other overhangs and
projections encroaching upon such parcel from adjoining parcel such as,
by way of example, marquees, canopies, lights, lighting devices, awnings,
wing walls and the like.
(j) Appropriate reservation of rights to grant easements to utility companies.
(k) Appropriate reservation of rights to road rights -of -way and curb cuts.
(1) Easements in favor of each such parcel for pedestrian and vehicular traffic
over dedicated private ring roads and access roads.
Appropriate agreements between the owners of the several parcels as to
the obligation to maintain and repair all private roadways, parking
facilities, common areas and common facilities and the like.
These instruments or portions may be waived if approved by each of the directors of the Public
Works Department, the Planning Department, the Building Department, and the Office of
Zoning, or their designees, if the provisions are inapplicable to the Property. In addition, the
instruments shall contain such other provisions with respect to the operation, maintenance and
development of the Property as the parties may agree. Such provision may be modified or
amended by such parties (or the applicable association governing such parties) without approval
or joinder by the directors, or their designees, if it will be constructed, conveyed and operation in
accordance with an approved site plan. The multiple owners may, by mutual agreement, allocate
among themselves and the parcels owned by them, setbacks, parking, open space, floor area and
similar governmental requirements, and these allocations shall be honored in connection with
requests for future site plan changes.
(m)
2
2. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30)
years from the date the documents are recorded in the public records of Miami -Dade County,
Florida, after which time it shall be extended automatically for successive periods of ten (10)
years, unless released in writing by the Owners with approval by the Zoning Administrator.
With respect to any portion of the subject property over which a condominium, homeowners or
other similar association then exists, the instrument of amendment, modification or release shall
be executed by such association (in accordance with its governing documents) in lieu of the fee
owners of such portion of the subject property. For modifications, amendments, or releases,
joinder is required by each of the directors of the Public Works Department, the Planning
Department, the Building Department, and the Office of Zoning, or their designees to execute the
instrument of amendment, modification or release upon the demonstration and affirmative
finding that the Covenant is no longer necessary to preserve and protect the property for the
purposes herein intended.
3. The provisions of this instrument may be amended, modified, or released by a
written instrument executed by the then owners of the Property, provided same is also approved
by the City Attorney. Should this instrument be so amended, modified or released, the directors
of pubic works, community planning and revitalization and building and zoning of the City of
Miami, or their respective designees or successors, shall forthwith execute a written instrument
effectuating and acknowledging such amendment, modification or release.
4. Enforcement shall be by action against the parties or persons violating or
attempting to violate any covenants. The prevailing party in any action or suit pertaining to or
arising out of this Declaration of Restrictive Covenants in Lieu of Unity of Title shall be entitled
to recover, in addition to costs and disbursements allowed by law, such sum as the court may
adjudge to be reasonable for the services of its attorney. This enforcement provision shall be in
addition to any other remedies available at law, in equity or both.
5. Invalidation of any of these covenants by judgment of court shall not affect any of
the other provisions, which shall remain in full force and effect.
6. This Declaration of Restrictive Covenants in Lieu of Unity of Title shall be
recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense.
7. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an election
of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges as may be available to it.
3
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
WITNESSES: WINDSOR INVESTMENT HOLDINGS, LLC,
a Florida limited liability company
By:
Print Name: Print Name:
Its:
Print Name:
STATE OF FLORIDA
SS:
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this day of
by as of Windsor Investment
Holdings, LLC, a Florida limited liability company, in the capacity aforestated; such person is
(check one) [ ] personally known to me or [ ] has produced as
identification.
2256001
4
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
APPROVED AS TO FORM AND CORRECTNESS:
Julie Bru
City Attorney
Barnaby Min
Zoning Administrator
Mariano Fernandez
Building Official
Francisco Garcia
Planning Director
Nzeribe Ihekwaba
Public Works Director
5
PLICATION
MIAMI 21
Welcome to thei:City of Miami! This application is intended to serve as a guide in assisting you
with our public hearing<process Please feel free to contact us, should you have any questions.
;.g
Thedeadline to ;file the cornpleteapplication with supporting documents is the last five working
'.days of=;each,month from18:00 am ;until 3:00 pm, except on the fifth day, until 12:00 pm.
The application submittal datels the date stamped by Hearing Boards' staff on this page.
The'respoXes to ,this applcaiionr'nust be typed and signed in black ink. All pertinent and
accurate'information/documentation; i.e., the plans, reports, exhibits, shall be presented at the
time of -filing, inadditi„on`to:tfe paid receipt. The applicant is responsible for the accuracy of the
information contained in the application and all supporting materials. Should you wish, you
could bring the materials to our office for review before the deadline to ensure completeness.
You will be responsible, if needed, to bring an interpreter for the English language to any
presentation before city boards, committees and the city commission. A valid power of attorney
will be required if neither applicant or legal counsel representing the applicant execute the
application or desire to make a presentation before city boards, committees and the city
commission. All documents, reports, studies, exhibits (8'/zx11") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE
STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Rev. 06-2011
CITY OF MIAMI
HEARING BOARDS
Ph: 305-416-2030
444 SW 2nd Ave 7th Floor Miami, FL 33130
www.miamigov.com/hearing_boards
2
R EZONUN ' z*APPLICATION
,of the Miami 21 Code for Rezoning information.
ApplicantsindsorInvestment,z-Holdings, LLC, a Florida limited liability company (owner) and Miami
River Village lLre a: on a limited liability company (contract purchaser)
Subject property:address(es) and .folio, number(s): 650 NW 8 ST (01-0105-000-1050), 570 NW 8 ST
(01-0104-090-1130) and 566 NW 8 ST (01-0104-090-1110)
Present zoning designation(&) T6-8 0 & T5-0
�
4 J Proposed zoning designatio.ns) ���uxfir.. ?T6-12 0 & T6-8 O
5. PerMramr 21, Article-7-°1 2t$; °c.2 (g), an analysis of the properties within a one-half mile radius of
the subject property ;ncluding aerial photo of the site as to why the present zoning designation is
inappropriate and proposed zoning designation is appropriate.
6. One (1) original, two (2) 11x17" copies and one (1) 8%x11 copy of the survey of the property
prepared by a State of Florida registered land surveyor within six (6) months from the date of the
application.
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15. Original Public School Concurrency Management System Entered Requirements form.
16. The subject property(ies) cannot have any open code enforcement/lien violations.
CITY OF MIAMI
HEARING BOARDS
Ph: 305-416-2030
41 /1 SW 2nd Ave 7th F1oor Miami, FL 33130
Rev. 06-2011 www.miamigov.com/hearing_boards 3
'$ ": "s w
,roj'ect%property site? 4.44
..r` Mgt 1
118.. What is the purpose of this appl�cationMature of proposed use? Multifamily residential
19 Is the I 0
'property wlthm the bo7undariesof a historic site, historic district or archeological zone?
P_I,ease contact'theFlanning Dep�arrtment on the 3rd Floor for information. NO
20 'Is the propertyiwit In the boundaries of an Environmental Preservation District? Please contact the
Planning Departmentton thet3,,Floor for information. NO
21 Cost of pAxessinguaccordiingto Section 62-156 of the Miami City Code*:
Change of zoning classification to:
a. CS, T3-R, T3-L, T3-O, per square foot of net lot area $ .15
Minimum $ 635.00
b. T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI, per square foot of
net lot area $ .20
Minimum $ 750.00
c. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, per square foot of net lot area $ .25
$ 900.00
Minimum
d. T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD, per square foot of net lot area $ .30
$ 1,000.00
Minimum
Public hearing and public meeting mail notice fees, including cost of handling
and mailing per notice
$ 3.50
*Pursuant to Ordi mule 12719, all planning and zoning fees in excess of $25,000.00, shall be paid in
the form of a c� fy'� heckashier`s check, or money order.
Signature
Name
Telephone (305) 854-0800
Address 2525 Ponce de Leon Blvd, #700
Coral Gables, FI 33134
E-mail esibila cni wsh-law.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of `^�`
2012, by Estrellita Sibila who is an agent of Windsor Investment Holdings, LLC (owner and Miami River
Village, LLC. She is aer__son�to me or who has produced as
identification and who did (did not) take an oath.
(Stamp)
Rev. 06-2011
Signature
CITY OF MIAMI
HEARING BOAR
�I,pY Pb*� MARILYN SOMODEVILLA
MY COMMISSION # EE 116532
EXPIRES: September 13, 2015
Ph: 305-416-2030 �q aFF�oQ`°P Bonded Thor Budget Notary Services
444 SW 2"d Ave 7d' Floor Miami, FL 33130
www.miamigov.com/hearing_boards
4
111111111111111111111111111111111111111111111
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
LEHMAN BROTHERS HOLDINGS INC
Plaintiff(s) / Petitioner(s) .
VS.
URBAN RIVER PARTNERS LLC , et al.
Defendant(s) / Respondents(s) •
GFH 2010R0736766
OR Bk 27472 Ps 2653; tips)
RECORDED 10/29/2010 12:02:10
DEED DOC TAX 3,600.60
SURTAX 2r700.45
HARVEY RUVINr CLERK DF COURT
MIAMI-DADE COUNTY, FLORIDA
LAST PAGE
GENERAL JURISDICTION DIVISION
Case No: 08005402CA01
Section: 10
. Doc Stamps: $3,600.60
Surtax: $2,700.45
Consideration: $600,100.00
CERTIFICATE OF TITLE
The undersigned clerk of the court certifies that a Certificate of Sale was executed and filed in this action on
October 13, 2010, for the property described herein and that no objections to the sale have been filed within the
time allowed for filing objections.
The following property In Miami -Dade County, Florida:
Lots 1 to 4, Block 50 and. the North 100 feet of Lots 9 and
10, Block 9, of "NORTH CITY.OFMIAMI" according to
the plat th reof as recorded in Plat Book B, Page 41, of the
Public Re ords of Miami -Dade County, Florida.
Subject to iglu -of -way for Northwest 7th Avenue over the West 10 •
feet of Lo s 12 and 13, Block 50, "NORTH CITY OF MIAMI"
according the Plat thereof as recorded in Plat Book B, page 41,
of the Pub is Records of Miami -Dade County, Florida.
was sold to:
ASSIGNEE: WINDSOR INVESTMENT HOLDINGS LLC
28 Tahiti geac1Island Road
Coral:Ga6i s, P, 33143
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WITNESS my hand and the seal of this court on October 26, 2010 .
1
Harvey Ruvin, Clerk of Courts
Miami -Dade County, Florida
Book27472/Page2653 CFN#20100736766 Page 1 of 1
AFFIDAVIT OF AUTHORITY TO ACT
TBefpre_ me tiis day, the undersigned personally appeared T -01 et-1A0
1� l?
J k.,S' b , who being by me first deposes and says:
1. That he/she is the owner submitting the public hearing application as required by the Code of
the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the
foregoing pages.
2. That all owners who he/she represents, if any, have given his/her full and complete permission
for him/her to act in his/her behalf for the change or modification of a classification or regulation
of zoning as set out in the foregoing petition, including responses to day to day staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names,
mailing addresses, telephone numbers and legal descriptions of the real property of which
he/she is the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with
this affidavit, are true and correct.
Further Affiant sayeth not.
'0Ic; --DE2as&irro
Windsor Investment Holdings, LLC, a Florida
Limited liability company
Applicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
J,oj`ZThe fore oingwas acknowledged before me this ) ?'day ofq.14 u °Ul.1
D- _20.1-1;by o) r tt V{O.. ' ; �-z s i2_,�►�/�4 who is
a(n) individual/partner/agent/corporation of Windsor Investment Holdings, LLC, a Florida
limited liability company.I�e, he is personally known to me or who has produced
as identification and who did (did not) take a oath.
(Stamp)
IGNACIO E. ARANGO
s. Notary Public - State of Florida
My Comm. Expires Feb 1, 2015
Commission # EE 60886
".RV" Bonded Through National Notary Assn
Signat
CERTIFIED COMPANY RESOLUTION
The undersigned hereby certifies that g) aildpi'(y.}s nager/Member of Windsor
Investment Holdings, LLC, a Florida limited liability company (the "Company"), a limited
liability company existing under the laws of the State of Florida, that the following is a
true and correct copy of the resolutions adopted by its members at a meeting held on
Oa/ 2.o / a. , at the offices of the Company.
RESOLVED by the members of this Company that the
Company consents to and joins in the filing with the City of
Miami all applications for zoning approvals including a rezoning
for the properties located at 650 NW 8 ST, 570 NW 8 ST, and
566 NW 8 ST;
FURTHER RESOLVED, that the Company authorizes Gilberto
Pastoriza, Esq., Estrellita Sibila, Esq., and Tony Recio, Esq. of the
law firm of Weiss Serota Helfman Pastoriza Cole & Boniske, PL.
to act on its behalf and execute and deliver any and all
applications, petitions and other documents pertaining to the
applications for zoning approval, and to take any and all such
actions consistent with obtaining approval of said applications that
may be deemed necessary by the Company.
The adoption of said resolutions was in all aspects legal; and that said resolutions are in:
full force and efect and have not been modified or rescinded.
`tom
Dated this I ‘' day of January, 2012.
State of Florida
County of Miami -Dade
Windsor Investment Holdings, LLC,
a Florida limited liability company
By: L-o l a v .1N s (ram% )LA —
Its: /Wet �.��
I HEREBY CERTIFY THAT on this day, befor me, a officer duly qualified to take
acknowledgments, personally appeared P-01 conj Arcisk.cuytivas Managing
Member of Windsor Investment Holdings, LLC, a Florida limited liability company, to me
personally known [ ] or produced identification in the form of
, and who executed the foregoing resolution and
acknowledged before me that he executed the same for the purposes herein expressed.
WITNESS my hand and seal in the county and state last aforesaid, this 1? day of
January, 2012.
Signatu e of Notary Public
�nuna IGNACIO E. ARANGO
1PRy PV9 ���i
„� MyNotary Comm IExpi es Febte t1,F2015lorida
or,-:
Commission # EE 60886
�,,:4; Bonded Through National Nolary Assn..
REZONING APPLICATION
IiSCLOSU,RE OF OWNERSHIP
List the owner(s) of the subject property and percentage of ownership. Note: The Miami City
Code 'requires disclosure o'f` all ,parties having a financial interest, either direct or indirect, with
respect to a presentation, request or petition. Accordingly, disclosure of shareholders of
corporations, beneficiariesof trusts, and/or any other interested parties, together with their
'address'(es) and proportionate interest are required. Please supply additional lists, if necessary.
Owner's Name(es) Windsor,Investm'ent Holdings, LLC, a Florida limited liability company
E k-tc� a.bor1i Inc J
Percentage of:Ownership 1 (�'� � 9•1_1. DeA 02 FL 3--"-� 1.
, i_ ,\ en Q 1 o-r Hc-- V i 6 e- 0(--0.-e' r o j U7, is
A'R - a \—\-: - &... e 1-. - s \cam -mil.. Cd T .Jl 6 -b\-e,i, -G-- '3 3 t. 43
C.s-ee atlahed)
Subject Property Address(es) 650 NW 8 ST, 570 NW 8 ST, and 566 NW 8 ST
2. List all street address(es) and legal description(s) of any property located within 500 feet of the
subject property owned by any and all parties listed in question #1 above. Please supply
additional lists, if necessary.
Street
Legal Description(s):
Windsor Investment Holdings, LLC, a Florida
limited liability company
By:
Its:
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
K..:&-AFL
U
7k
The foregoing w s acknowle d before mthis 1.2 day of 'j a Ku
2012, by 12-p1 eth (�Q_Ijr (fit ?- IlA wl o is
a(n) individual/p tier/agent/corporation of Windsor Investment Holdings, LLC, a Florida limited
liability company.he is personally known to me or who has produced as
identification and who did I no -take an oath.
(Stamp)
`��\,NV Pu•, IGNACIO E. ARANGO
`P e` ; Notary Public - State of Florida
E. • My Comm. Expires Feb 1, 2015
-.. , . Commission # EE 60886
'-'"Wititikos Bonded Through National Notary Assn.
Disclosure Of Interest
Windsor Investment Holdings, LLC
Windsor Investment Holdings, LLC, a Florida limited liability company
50% - PTI Developments Florida, Inc.
100% Patrick Iaboni
28 TAHITI BEACH ISLAND ROAD
CORAL GABLES FL 33143
50% -
Roland & Lissette DiGasborro
28 TAHITI BEACH ISLAND ROAD
CORAL GABLES FL 33143 US
CERTIFIED COMPANY RESOLUTION/
The undersigned hereby certifies thaterM. $. ' '4a Manager/Member of Miami
River Village, LLC, a Florida limited liability company (the "Company"), a limited liability
company existing under the laws of the State of Florida, that the following is a true and
correct coy of the resolutions adopted by its members at a meeting held on
/�/ ?7-P° / , at the offices of the Company.
RESOLVED by the members of this Company that the
Company consents to and joins in the filing with the City of
Miami all applications for zoning approvals including a rezoning
for the properties located at 650 NW 8 ST, 570 NW 8 ST, and
566 NW 8 ST;
FURTHER RESOLVED, that the Company authorizes Gilberto
Pastoriza, Esq., Estrellita Sibila, Esq., and Tony Recio, Esq. of the
law firm of Weiss Serota Helfman Pastoriza Cole & Boniske, PL.
to act on its behalf and execute and deliver any and all
applications, petitions and other documents pertaining to the
applications for zoning approval, and to take any and all such
actions consistent with obtaining approval of said applications that
may be deemed necessary by the Company.
The adoption of said resolutions was in all aspects legal; and that said resolutions are in
full force and effect and have not been modified or rescinded.
Dated this/'7W-4day of January, 2012.
State of Florida
County of Miami -Dade
}
)
Miami River Village, LLC,
a Florida limited liability company
`®
By: f3,- 5 Co.
Its: /4a,4d(Av e/7em4ei`
I HEREBY CERTIFY THAT on this day, bfore me, an officer duly qualified to take
acknowledgments, personally appeared .CStz>G • CR-m o ELL- , as Managing
Member of Miami River Village, LLC, a Florida Limited Liability Company, to me
personally known [ or produced identification in the form of
, and who executed the foregoing resolution and
acknowledged before me that he executed the same for the purposes herein expressed.
WITNESS my hand and seal in the county and state last aforesaid, this l7 day of
January, 2012.
aU�
Signature of NotSry Public
Y" MARIA CANALES !�1 A.
„,, ;* MY COMMISSION N EE 137227
'��-' EXPIRES: November 6,
15
Bonded ThruUnderwriters
Notary Public Underwriters
PLICATION
DI;SG.L.O URE OF OWNERSHIP
List the owners) of, the subject property and percentage of ownership. Note: The Miami City
Code;'requires disclosure of all;,parties having a financial interest, either direct or indirect, with
respect to a presentation, request or. petition. Accordingly, disclosure of shareholders of
corporations, beneficiaries' Of trusts, and/or any other interested parties, together with their
'address(es) and propportinnate interest.are.required. Please supply additional lists, if necessary.
Owner's Name Miami River Vtllage LLC a‘Florida limited liability company (Contract Purchaser)
Percentage of Ownership L Cl � t S , C'a s ,od�� / 00 °Az
0)
M/14.64 1 t 33/31
Subject Property Address(es) 650 NW 8 ST, 570 NW 8 ST, and 566 NW 8 ST
2. List all street address(es) and legal description(s) of any property located within 500 feet of the
subject property owned by any and all parties listed in question #1 above. Please supply
additional lists, if necessary.
Street Address(es):
Legal Description(s):
Miami River Village, LLC, a Honda limited liability
company
sCe
By: � -1rati S• Ca Ar,d
Its: . At.cer5_ Ls-- pie
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 1 1 day of Z-Gvva a ry„
2012, by ZS -tR S C,i vr\ pb-Cll who is
a(n) individual/partner/agent/corporation of Miami River Village, LLC, a Florida limited liability
company./She it personally known to me r who has •roduced as
identification and who did (did not) to a an oath.
(Stamp)
cs MARIAacANN.Es
;,,. i MY COMMISSION # EE 137227
11; ' BonEXPIRES:
deddTh uSNotary Public Underwritersl
Legal Description
Exhibit "A"
T6-8 0 to T6-12 0
Lots 1 to 24, Block 50, of "NORTH CITY OF MIAMP" according to the Plat thereof, as
recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida.
Subject to the right-of-way for Northwest 7th Avenue over the West 10 feet of Lots 12 &
13, Block 50, "NORTH CITY OF MIAMI" according to the Plat thereof, as recorded in
Plat Book B, Page 41 of the Public Records of Miami -Dade County, Florida.
and
T5 0 to T6-8 0
The North 100 feet of Lots 9 and 10, Block 49, of "NORTH CITY OF MIAMI"
according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records
of Miami -Dade County, Florida.
CITY OFMIAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME: Estrellita S Sibila
(First Name) (Middle) (Last Name)
HOMEADDRESS: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
(Address Line 1)
2525 Ponce de Leon Blvd., Suite 700
(Address Line 2)
CITY: Coral Gables STATE: Florida ZIP: 33134
HOME PHONE: (305) 8 5 4- 0 8 0 0 CELL PHONE: FAX: (305) 8 5 4- 2 3 2 3
EMAIL: esibila@wsh-law.com
BUSSINESS or APPLICANT or ENTITY NAME
Windsor Investment Holdings, LLC & Miami River Village, LLC
BUSINESS ADDRESS: c/o The Hart Law Firm, 255 Alhambra Circle, #850
(Address Line 1)
Coral Gables, FL 33134
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Rezoning of property located at 650 NW 8 Street, 570 NW 8 Street and 566 NW 9 Street
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
111 YES Q NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a.
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or en it for the same issue shall be reviewed or
considered by the applicable board(s) u I piration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
Sign ure
Estrellita S. Sibila
Print Name
, 201� The foregoing
Sworn to and subscribed before me this day of
�j
L^
instrument was acknowledged before me by \--N-e\- tt.4 L (
, who has produced
as identification and/or is personally known to me and who did/did not take an oath.
STATE OF FLORIDA
CITY OF MIAMI
MY COMMISSION
EXPIRES: *
Aotei`% MARILYN SOMODEVILLA
zt_.0 * MY COMMISSION # EE 116532
Jq ° : FXPIRES September 13, 2015
OF r' -Donded ?lire Budget Notary Services
Enclosure(s)
Doc. No.:86543 Page 2
City of Miami
Public School Concurrency
Concurrency Management System Entered Requirements
Applicant Fields
Information
Application Type
Public Hearing
Application Sub -Type
Sub -Type
Application Name *
Windsor Investment Holdings, L.LC,& Miami River Villagc,LLC %Estrella Sibila
Application Phone *
305-854-0800
Application Email *
esibilaawsh-Iaw.com
Application Address *
650 NW 8 ST, 570 NW 8 ST, and 566 NW 8 S'I'
Contact Fields
Information
Contact Name *
Estrella Sibila, Esq.
Contact Phone *
305-854-0800
Contact Email *
esibila@wsh-law.com
wsh-law.com
Local Govt. Name
City of Miami
Local Govt. Phone
305-416-1400
Local Govt. Email
GDCav@ci.miami.fl.us
Local Govt. App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-0105-000-1050; 01-0104-090-1130 & 01-0104-090-1110
Additional Folio Number
Total Acreage *
4.44 acres
Proposed Land Use/Zoning *
T6-8
Single -Family Detached Units *
0
Single -Family Attached Units (Duplex) *
0
Multi -Family Units *
666 (646 permitted under current zoning)
Total # of Units *
666
Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local
government has provided vested rights; or for an already improved property which does not have to be re -platted es
deemed by the local government. The number of units to be input into the CMS is the net difference between the existing
vested number of units and the newly proposed number of units.
Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls
for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less
the newly proposed 4 units).
Required Fields for Application *
I)
t4.
Owner Attorney/ pplicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Owner : / tt' - ey/Applicant Signature
20 foregobi�g wcl howled ell bef1/e4,me _�
who is a(n) individual/partner/4entLcer-poration of w�h 40(n)
individual/partnership/corporation. Ile/She is personally known to ml or who h�s produced
as identification and who did (did not) take an oath. ti
(Stamp)
L`iN S MODEVIL
ureMY MMISSION # EE 116532
EXPIRES: September 13, 2015
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SURVEYOR'S REPORT ON OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY POLICY NO. SDC 825020 Fife No. 01662 50046 dated October29 2010,
SCHEDULE B EXCEPTIONS:
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ALL OF THEABOVENAMEU DOOMED. ARE REDDROE0 THEFUBUCRECOROSOPPIA.•nnr,ECDDA,ry
FLORIO&
CERTIFIED TO:
MIAMI RIVER VILLAGE, LLC
THE HART LAW FIRM
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
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ENSE LEGAL DESCRIPTION TAIUNO OUT LOTSOAND
1,20.71503 UPDATE
DATEAND INCLUDE PART OF LOTS° 610EU[4WWSURVEY
OI DATE U P DATE
DDRAWN0Y SCALE RD.FG.
011741 54A02.L 1'=20' 5104137