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PZAB 10-05-11 Supporting Docs
PZAB.3 File ID: Title: Location: Applicant(s): PLANNING, ZONING AND APPEALS BOARD FACT SHEET 11-006991u Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL/HIGH DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner 333 Avenues of the Americas 333 SE 2nd Avenue Miami, FL 33131 (305) 579-0500 Land Use: Major Institutional, Public Facilities, Transportation and Utilities Proposed Land Use: Restricted Commercial/High Density Multifamily Residential Purpose: This will change the above property to "Restricted Commercial/High Density Multifamily Residential". Planning Department Recommendation: Approval Analysis: See supporting documentation. Planning, Zoning and Appeals Board: October 05, 2011 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 230 SW 3rd Street File ID 11-006991u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The "Major Institutional, Public Facilities, Transportation and Utilities" future land use category allows facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. The "Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Nonresidential floor area is the floor area that supports nonresidential uses within the inside perimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corridors, porches, balconies and roof areas. DISCUSSION The subject area consists of one parcel comprising approximately 1.588 acres. This parcel is located on the north side of the block that is bounded by SW 3rd Street to the north, SW 2"d Avenue to the east, Interstate 95 to the west, and the Miami River to the south. The site and the surrounding areas to the south and east are designated "Major Institutional, Public Facilities, Transportation and Utilities"; properties north of SW 3rd Street are designated "Restricted Commercial". The subject site is in the DOWNTOWN NET Service Center Area. The subject site is adjacent to the City of Miami Riverside Center Administration Building and the Downtown FPL Power Distribution Station. ANALYSIS The Planning Department is recommending APPROVAL of the amendment as presented based on the following findings: • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Major Institutional, Public Facilities, Transportation and Utilities" land use category allows residential structures up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. This site is not abutting or adjacent to any residential zoning districts, so the density is pursuant to the "High Density Multifamily Residential" category. This site is located within the "River Quadrant Residential Density Increase Area", therefore the maximum permitted density on the site is 500 units per acre. The requested "Restricted Commercial" designation also allows a density equivalent to "High Density Multifamily Residential". Therefore the maximum residential density does not change as a result of this request. • MCNP Goal LU-1 states that the City will maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. The proposed change will allow for greater development potential within the downtown area encourage downtown's growth as a regional center of domestic and international commerce, culture and entertainment. The area is well buffered from other neighborhoods by major roadways, so land use conflicts will be minimal. The land is well served by infrastructure and is suitable for the uses permitted within the "Restricted Commercial" category under a residential density increase area. • MCNP Land Use Policy LU-1.1.7 states that land development regulations and policies will allow for the development and redevelopment of well -designed mixed - use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. The proposed "Restricted Commercial" designation permits a full range of the above -mentioned uses. The site area is located in close proximity to various modes of transportation. • MCNP Land Use Policy LU-1.1.10 states that the City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations.(See Transportation Policy TR-1.5.2 and Housing Policy HO-1.1.9.) The site is located within approximately a quarter mile of a Metromover station and a half mile of a Metrorail station. The proposed designation will encourage increased density and redevelopment near these stations. • MCNP Land Use Policy LU-1.1.11 states that the City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person Trip Methodology as set forth in Policies TR-1.1.2 and 1.1.3 of the Transportation Element of the MCNP. The subject site is located in downtown area, which is a major center of activity. Therefore concentration and intensification of development will be encouraged by the proposed amendment. The site is located in close proximity to public transportation and can support very high densities. • MCNP Land Use Policy LU-1.3.15 states that the City will continue to encourage a development . pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. The proposed "Restricted Commercial" designation allows for the aforementioned uses. • MCNP Land Use Objective LU-1.4 states for the City to continue the growth of Downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities and develop an urban residential base. The proposed "Restricted Commercial Category" will allow for the development of an urban residential base. • MCNP Policy LU-1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on -site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. The site is directly served by 3 Metrobus routes. It is also located in close proximity to Metrorail and Metromover stations, along with a major bus transfer facility. • MCNP Land Use Policy LU-3.1.3 designates the Downtown Miami Master Plan area an Urban Central Business District in order to increase the Development of -Regional Impact threshold for development within those portions of downtown Miami that are not already in the DRI area. Therefore this area is appropriate for very high density and intensity uses. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. • The Miami 21 zoning designation currently approved on this parcel is CI — "Civic Institutions". The proposed designation will be T6-36b-O — "Urban Core" transect zone. These findings support the position that the Future Land Use Map at this location and for this neighborhood SHOULD be changed to the proposed designation. Proposal No 11-00699 Date: 8/11/2011 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Javier F. Avino, Esquire on behalf of 230 SW 3 St LLC as owner. Address: 230 SW 3 Street Boundary Streets: North: SW 3 ST East: SW 2 AV South: MIAMI RIVER West: 1-95 Proposed Change: From:Major Institutional, Public Facilities, Transp. and Util To: Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 1.5888 acres @ 150 DU/acre 238 DU's Peak Hour Person -Trip Generation, Residential 126 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 1.5888 acres @ 150 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name 238 DU's 126 0 sq.ft. 0 0 0 0 DOWNTOWN 309 K1 114 1-95 RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change ties Concurrency Checkoff 0 0.00 182.80 182.80 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 See Note 1. See Note 1. WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g (See attachment 1) SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 800 800 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 0 0 B B OK NOTES: 1. Permit for sanitary sewer connection must be issued by Metro Dade Water and Sewer Authority Department (WASA). Excess capacity, If any, is currently not known. Restricted Commercial: Allow residential uses (except rescue missions) to a maximum density equivalent to 'High Density Multifamily Residential' subject to the same limiting conditions; any activity included in the 'Office' designation as well as as well as commercial activities that generally serve the daily retailing and service needs of the public typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar In nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. CM 1 IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. FUTURE LAND USE MAP • 7/ Public<Parks and Recreation =\1_k1__\ �� .ter_\\\WNW \\\\\\. ~��u�� ���vyyMMM~ .1 0 ~vvv� MOIL ~~011�������� WM /0~0,11 ►v�vvW01 �� vvvvv��� �11 'W� _emu ■ �-i0/�~ 11010221M ~I —~I MNIM ~I _�"mo.� a `wwwww Z _ \kWal• •Ma SW-2ND ST niminraa mew: Inv ; aim owe MI 1m, If SWL3RD_ST 4Th1 _____I I► I �1►\_____=\___\___` `__\ •-//IMF MM0I\I\\\\\\\�\\\\.. i/ice �\\\\��\\i 2120 M sari, \\\\MW_�1\MMOMMM / II" /IIi iP rd WM/01W \W����� M MINN AVM 7irA \\\\\�\\\\\\W. I//101•� `ice \\ 20I000 \\\\\\\� //W� �A. wvvvv��wvvvvv� i�oo WIIA. `\\\\\��\\\\\`. �u II ".4 MA \\\\N22210 0 0101 %ram I//� \\\\\\\\\\\l. I II WM01 \\\\\\\\\\1a \WWWWW la MI. SW 4T►i'ST J//A IA.. �_\M\ ►- Majo st` Public Facilities; \\ TransptAnd Utilities WWW 02 001WM\\\\\\\\\\\\\\\\ram /%////III Alt Mi r 4 4 Legend Residential Density Increase Areas River RDIA L. Havana RDIA Urban Central Business District V n 0 150 300 600 Feet ADDRESS: 230 SW 3 ST FUTURE LAND USE MAP (PROPOSED) INILIMIMIWOMv 'aw������f IL- WWLINIMNIWNWWLIWNkIM hwwwwwwwww WOW soonum.v--- IN ..IINIRMinimilsimmilol Mi.. Wwwwwk_ WIN __IMII ��. Wwww\w`\w=00� W•mmmL MOIL a�Wmawalli , l ►v�0vvvv. ��toolawalawwwwwi 000000�o a0 �� u . W0vvvvvvv��000v��� __ III �____\ �_�� � __ link ==� Boa �\\00\0\� _ 411MommNE Wm ‘aWill - — MN WWI i= mil WMWMinw Air MN Mwmr All WMA — \, Imo • .11W Oil al IN1 NW 0 meow samcwwwwwwwwwwwwwu W o �w:W00000v_a�o��,000� WWW NIXIIV- �00�� a00v� 1� s _zttw a i`__lZf��mil_- tft-= w`mow SW2NDST------- ��.�w�___"" ����ww.�_�_` \�� O.•A\\\ \maw&z —_ A� A\\�\ ��\�A ..`�¢. \ s=1\\_\\� 6.....,:._ off` \�11� \_\` I\ MIII� \_\.ate\1\_\I216.111WW III WW1? WWWWWWWI. 1\ ��a�� �•..�\\\SW-3RD_ST '\\mmmkmk 000 Z��� a\\m.\� mm�ni� Arm +\��=== \I W aaNW�� o\\® maim �_�a— h • h0\0\\00\0� o ®o__________o_o__\ WWW% vmmmwa.WWWWWwIl KW' �WW_n_�� Wwwwwwmakaoalik hainnallw W. Mk aim �� .��� 0\0\w i i\ I,\ Major I nSt o__oa �0\\w iOfublieFaci,lities,OW �;,�� .vW\\\0\\\0\\0�\\\\ . `. Tra n S I? tAn d \0w IL00w. NM "Wm W/ice .aw\\\\\\\\\000a- °•0 a W �\00 \0� aoo� xxxm Wwww �� .a00vv v0vv v0 �i•. Uti I itiesWNW WWWW L00�v\\\\\0\\\000\ ..w it\\\0000\\\\\00WM NW WWWWWWWWWWWW W. IL NON I a000��\�o_ ���o�00000�. ► o� .000. ilia �0000a\�\\\\\\00000 a� :a00000000000000� M00\w SW 4T //Ai sa 000000wWIMM 0000 I1 I► I a 00000000000000� �0000Mc ' ,, / //I/W ISM \0000W1L' '' 00000M I0 ►L. aa0000000000000v M0000w.\ MINN AMA 'MIA \WIMMb.WWWWWWWW, W. Mi, il.WWWWWMWIMILW NEM WF.%/A. \\____\\______\\1 \ \\ �______\\\____o A____`\ MAW NNW III WWWWWW\\\\�\\\\\: A \\�\\\ I// � I "'A �I//I\=""\"`M \ \ �� \\\\\\\\� \\\\\\r am III gT//I�\\\\\\LWgeIMf \\\\\\\\\\\\\��\\\`\\\`\ e l U my e n S l y•.. \\\\\ ` WI �M U Itlfarri i ly AIM �A�� vwvv�1aMM ..� .WWWWWW �se .vvvvv ��.... IOW. 1MMWWW `a! ► WW. �- \\\`�� Residential �i`iiiiiiiiii�� WWWWW�\�•• W0\\/• a\\\\\\\\\\\0M.. I ///�a� �_ _emit\-\\\\\\_\\_\"w WIN MariMIMMIAM Public<Parks%% +--- iii z ii� i m mow Ill IFIAMPIWImmmm,=... 4 _ :45 ram . 1 w w w w, i m m a i PAW WI - and --- "IM W.wM Recreation -'�-� AN wii L---- ow, Farm Legend Residential Density Increase Areas erRiver RDIA L Havana RDIA Urban Central Business District 0 150 300 600 Feet ADDRESS: 230 SW 3 ST 0 150 300 600 Feet ADDRESS: 230 SW 3 ST giving our ;IIrt:wls Ihr world Superintendent of Schools Alberto M. Carvalho August 25, 2011 VIA ELECTRONIC MAIL Mr. Javier F. Avino Greenberg Traurig P.A. 333 Avenue of the Americas, 44th Floor Miami, Florida 33131 giving our students the world RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS STEVE RHODES (LG No. 11-00699LU) LOCATED AT 230 SW 3 STREET PH0111081800142 — Folio No. 0141370380030 Dear Applicant: Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Carlos L. Curbelo Renier Diaz de la Padilla Dr. Wilbert "Tee" Holloway Dr. Martin Karp Dr. Marta Perez Raquel A. Regaledo Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami -Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the application would yield a maximum residential density of 238 multifamily units, which generates 55 students; 26 elementary, 13 middle and 16 senior high students. At this time, the schools serving the area have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to contact me at 305-995-4501. Sinc an M. Rodriguez, R.A. Director I IMR:mo L109 Enclosure cc: Ms. Ana Rijo-Conde, AICP Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo-Conde, AICP, Eco-Sustainability Officer. 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285. 305-995-4760 (FAX) • arijo@dadeschools.net Application Details Page 1 of 1 '-ivous rwur Concurrenq Managlemet.lt System ..{:CMS) . . •:•c.nmhrvimw!ra�a=w+s� . werumu��.w awaw��+n�.v.n_+sowxcvw+.svw++-�i++tvrrov�vwwwve�u..ra..-s�n>vr.r..,�:«,raYa.:�r.wvm .. x Miami Dade County Public Schools Miami -Dade County Public Schools MDCPS Application Number: Date Application Received: Type of Application: Applicant's Name: Address/Location: Master Folio Number: Additional Folio Number(s): PROPOSED # OF UNITS SINGLE-FAMILY DETACHED UNITS: SINGLE-FAMILY ATTACHED UNITS: MULTIFAMILY UNITS: Concurrency Management System Preliminary Concurrency Analysis PH0111081800142 Local Government (LG): 8/18/20.11..4_01:16..PM LG Application Number: Public_ Hearing. Sub Type: Stev_e_Rhodes_for280_ w 3rd Street 2121 SW 3 Avenue, Suite 401, Miami, FI 33129 0141370380030 238 0 0 238 Miami 1.1_00699LU Land Use CONCURRENCY SERVICE AREA SCHOOLS CSA Id Facility Name Net Available Capacity Seats Required Seats Taken LOS Met Source Type 4681 RIVERSIDE ELEMENTARY 196 26 26 YES Current CSA 6361 JOSE DE DIEGO MIDDLE 316 13 13 YES Current CSA 7791 BOOKER T WASHINGTON SENIOR HIGH 822 16 16 YES Current CSA ADJACENT SERVICE AREA SCHOOLS *An Impact reduction of 15.3% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax /' concurrency@dadeschools.net http://gis-web 01.dadeschools.net/MDS CMS W eb/printapplicationdetails. aspx?appNum=P... 8/25/2011 '�^„^,; Mil < City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Rezoning and Land Use Application Sub -Type Application Name * Steve Rhodes Application Phone * 828-295-3339 Application Email * steverhodes Isteverhodes@bellsouth.net] Application Address * 2121 SW 3 Avenue, Suite 401, Miami, FI Contact Fields Information Contact Name * Javier F. Avino, Esquire Contact Phone * 305-579-0703 Contact Email * avinoj@gtlaw.com Le' al Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGaycr,.ci.miami.tl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4137-038-0030 Additional Folio Number Total Acreage * 1.588 Proposed Land Use/Zoning * T6-36b 0 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 238 Total # of Units * 238 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls .'or 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). Ri gi:ired Fields for Application * Javier F. Avino, Esquire Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this al day of 20 LI , by Javier F. Avino. Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporat�ron. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. • (Stamp) o1vii^y MARISOL RODRIGUEZ Notary Public - State of Florida cf My Comm. Expires Sep 27, 2014 a;; 11 o? s Commission # EE 30092 O11f � , 11�f �I COMPREHENSIVE PLAN APPLICATION -1121,/ it HEARING BOARDS 444 SW `nd Avenue, 7th Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. The deadline to file the complete application with supporting documents is the last five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review 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'/x11 ") 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 discreticn 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. COM..PREH.E:.NSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. Javier F. Avino, Esquire on behalf of 230 SW 3rd St LLC as owner 2. Subject property address(es) and folio number(s): approx. 230 SW 3rd Street 01-4137-038-0030 3. Present designation(s) MajorInstitutional, Public Facilities, Transportation and Utilities 4. Futuredesignation(s): Restricted Commercial / High Density Multifamily Residential If the requested Land; Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? no 7. Do you own any other property within 200 feet of the subject property? no If yes, has the property been granted a Land Use Change within the last year? 8. 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. 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev.03-2011 2 C�.M.F...F.,EHENS IVE PLAN APPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is ihe acreage of the project/property site? approx. 1.588 acres 20. What is the purpose of this application/nature of proposed use? affordable housing 21. Is the property within the -boundaries ;of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3rd Floor for information. no 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. no 23 Is the property ,within :the Coastal High Hazard Area (CHHA)? Please contact the Planning Department on. the 3rd Floor for information and further instructions. no ....................... ................. . 24. Cost of processing according to Section 62-156 of the Miami City Code*: Application to Amend the Comprehensive Neighborhood Plan to: a. Conservation, Recreation, Residential Single Family, Residential Duplex $ 300.00 b. Residential Medium Density Multifamily $ 450.00 c. Residential High Density Multifamily, Office, Major Public Facilities, Tran^hortation/Utilities d. Commercial/Restricted, Commercial/General and Industrial e. Central Business District (CBD) f. Surcharge for advertising each item Publio hearing jna public meeting mail notice fees, including cost of handling and mailing per notice $ 550.00 $ 650.00 $ 1,200.00 $ 1,200.00 $ 3.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25, 000.00, shall be paid in the form of a cifi ,d chec ier's check, or money order. Signature Name Javier F. Avino, Esquire Address 333 Avenue of the Americas Miami, FI 33131 Telephone 305-579-0703 E-mail avinoagtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 day of 1112-1 20 (( , by Javier F. Avino, Esquire wh,) is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who .ias produced as identification and who did {did not) take an oath. (Stamp) Signature unu, v MARISOL RODRIG Z Notary Public - State of Florida My Comm. Expires Sep 27, 2014 „ �,<v;,' Commission # EE 30092 Rev. 03-2011 3 REZONIAPPLICATION !''A'FFIDAV;IT OF AUTHORITY T 0 ACT Before me this day, the undersigned personally appeared Javier F. Avino, Esquire , who being by me first deposes and says: 1.. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed, on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the:foregoing::petition, x including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Javier F. Avino, Esquire Applicants) Name Appliaant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this -D day of 20 ' 1 , by Javier F. Avino, Esquire _ who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signati 1 1 Notary Public - State of Florida My Comm. Expires Sep 27, 2014 Commission # EE 30092 4_ J! CITY OF MIAMI HEARING B OARDS Ph: 305-416-2030 AAA Q\Y/ 9nd A.,, 7th Rl, ,. T,r;n...; RI ',Al Ail EZ G APPLICATION DISCLOSURE OF 0 WNERSFIP 1 List the owher(s) of the subject property.and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of,trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) 230 SW 3rd St,.LLC Percentage of Ownership George Helsel 60% and Steve Rhodes 40% Subject Property Address(es) approx. 230 SW 3 Street See attached Exhibit "A" 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): none Ge 0 ,e l Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was aAnowledged efore e this QD day of 20 / I , by (c P.a , Y=l� ,, who is a(n) individuaUpartner/agent/.�orporation of , �(�,�Gl0 �1 f�LLa(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. e 4 (Stamp) R rv. 06-2011 JACQUELYN S. ROBLEDOMY EXPIRES! February 16, 2015 6� Public Under niters t Bonded Thru Notary;;, CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 111 SW 2nd Ave 7t) Floor Miami, FL 33130 www.minmivr,v.rnm/hnnrinv boards 7 ZONIN(..I. APPLICATION DI.SCL:O.SURE OF 0 WNERSHIP 1 List the owner(s) of the subject property and percentage of ownership. Note: The requires disclosure Of all parties having a financial interest, either direct or indirect, presentation, request or petition. Accordingly, disclosure of shareholders beneficiaries of" trusts, and/or any other interested parties, together with their proportionate interest are required. Please supply additional lists, if necessary. Owners Name(es) 230 SVV 3rd St, LLC Percentage of Ownership George Helsel 60% and Steve Rhodes 40% Subject Property Address(es) approx. 230 SW 3 Street See attached Exhibit 'A" Miami City Code with respect to a of corporations, address(es) and 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): none Owner(s).orAttorney Name Owner(s) o Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE nnnn The foregoing was acknowledged efore me this o' D day of . C%1—' 20 II , by Ste . ri eP.r9/a who a(n) individual/partner/agent/corporation of.cL1a a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who diT(did not) take an oath. re (Sta N ; JACQUELYN S. ROBLEDO n,! *c MY COMMISSION # EE 035515 4 o+ EXPIRES: February 16, 2015 .,, Bonded Thru Notary Public Underwriters 06-2011 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2mI Avc 70, Floor Miami,11., 33130 www.minmianv.cnm/hr;irinv hop ail; 7 Is EXHIBIT "A" LEGAL DESCRIPTION: Tract 3 of RIVERSIDE PLAZA; according to the Plat thereof recorded in Plat Book 139, Page 4J, of the Public Records of Miami —Dade County, Florida. LESS AND EXCEPT. That port of TRACT 3, RIVERSIDE PLAZA as recorded in Plat Book 139, Page 43, of the Public Records of Miami —Dade County, Florida and being a portion of Section 37, Township 54 South, Range 41 East. More particularly described as follows: Beginning of the Southeast corner of said TRACT 3; thence olong the South boundary of said TRACT 3, South B7 degrees 42 minutes 40 seconds West for 2.315 meters (7.60 feet); thence North 00 degrees JD minutes 14 seconds Wes( for 75.56 meters (247.90 feet) to o point on the East boundary of the aforesaid TRACT 3 also being the Westerly Right —of —Way line of S. W. 2nd Avenue; (hence along said East boundary, South 02 degrees 15 minutes 35 seconds fast for 75.525 meters (247.78 feet) to the POINT OF BEGINNING. Together with: Commence at the Southeast corner of said TRACT J- thence along the East boundary of said TRACT 3 also being the Westerly right—of—way /ine of 5. W. 2nd Avenue, North 02 degrees 15 minutes 35 seconds West for 78.383 meters (257.16 lee() to the P01NT OF BEGINNING; thence South 87 degrees 44 minutes 25 seconds West for 1.11J meters (3.65 feet); thence North 02 degrees 15 minutes 35 seconds West for 6.558 meters (21.52 feet) to Point of Curvature; thence Northerly and Northwesterly along the arc of a curve concave Southwesterly, having for its elements a radius of 6.420 meters (21.05 feet), o central angle of 85 degrees 50 minutes 16 seconds, on arc length of 9.618 meters (31.56 feet) and o chord bearing and distance of North 45 degrees 10 minutes 43 seconds West for 8.744 meters (28.69 feet) to a point on the aforesaid East boundary of TRACT 3, said point being on the arc of o non—tongent curve (o radial line bears South 01 degree 54 minutes 09 seconds West to the center of said curve); thence along said East boundary, Southeasterly along the arc of said curve concave Southwesterly, having for its elements a radius of 7.620 meters (25.00 feel), o central angle of 85 degrees 50 minutes 19 seconds, for an arc length of 11.416 meters (37.45 fee() and o chord bearing and distance of South 45 degrees 10 minutes 45 seconds East for 10.378 meters (34.05 feel); thence continuing along said East boundary, South 02 degrees 15 minutes 35 seconds East for 5.361 meters (17.59 feet) to the POINT OF BEGINNING. Lf.33'73L1 RETURN TO: First American Title Ins, Co, 25400 US 19 N, Suite 135 Clearwater, FL 33763 This instalment was prepared by: FDIC 1601 Bryan Street Dallas, TX 75201 AssetNo. 10181004734 Parcel lD # 01-41370380030 STATE OF FLORIDA COUNTY OF IVI AMII-DADS SPECIAL WARRANTY DEED RECITALS CFN: 20110299846 BOOK 27680 PAGE 4769 DATE:05/09/2011 11:51:37 AM DEED DOC 14,850.00 SURTAX 11,137.50 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY WHEREAS, Florida Community Bank (the "Institution"), acquired the Property by that certain Certificate of Title recorded on July 8, 2008 in OR Book 26468, Page 2844 of the Official Records of Miami -Dade County, Florida; and • WHEREAS, the Institution was closed by the Commissioner of the Office of Financial Regulation on January 29, 2010, and the Federal Deposit Insurance Corporation (the "FDIC") was appointed as receiver for the Institution (the "Receiver"); and WHEREAS, as a matter of federal law, 12 U.S.C. § 1821(d)(2)(A)(i), the Receiver succeeded to all of the right, title, and interest of the Institution in and to, among other things, the Property. NOW, THEREFORE, the Receiver (hereinafter, "Grantor"), whose address is 1601 Bryan Street, Dallas, Texas 75201, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said Grantor paid by Grantee named herein, the receipt of wl*h is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto 230 SW 3"d ST, LLC, a Florida limited liability company (Grantee"), whose mailing address is 2121 SW 3rd Avenue, Suite 401, Miami, Florida 33129, that certain real property situated in Palm Beach County, Florida, described on Exhibit "A" 4 f1'<¢ :;, ' ! r ems'.) 'ta, + ,f tRc. ,LIV`1.CO CFN: 20110299846 BOOK 27680 PAGE 4770 attached hereto and made a part hereof for all purposes, together with any and all improvements thereto and all and singular the rights and appurtenances pertaining thereto, including, but not limited to, any right, title and. interest of Grantor in and to adjacent streets, alleys or rights -of -way (collectively, the "Property"), subject however to all standby fees, real estate taxes, and assessments on or against the Property for the current year and subsequent years and subsequent taxes and assessments for prior years becoming due by reason of a change in usage or ownership, or both, of the Property, as well as zoning, building, and other laws, regulations, and ordinances of municipal and other governmental authorities, if any, affecting the Properly, and all matters set forth on Exhibit "13" attached hereto and made a part hereof for all purposes (all of the foregoing being collectively referred to as the "Permitted Exceptions"). Grantee, by its execution and acceptance of delivery of this Special Warranty Deed, assu nes and agrees to perform any and all obligations of Grantor or the Institution under the Permitted Exceptions. FURTHER, GRANTEE, BY ITS EXECU'I ION AND ACCEPTANCE OF DELIVERY OF THIS SPECIAL WARRANTY DEED, ACKNOWLEDGES AND AGREES THAT (i) EXCEPT FOR THE SPECIAL (OR LIMITED) WARRANTY OF TITLE CONTAINED HEREIN, GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARAC1ER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, ORFUTURE, OF, AS TO, CONCERNING, OR WI'ITI RESPECT TO (A) THE VALUE, NATURE, QUALITY, OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT MUTATION, THE WAFER, R, SOIL, AND GEOLOGY, (B) ANY INCOME TO BE DERIVED .FROM TIE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT OR HOPE TO CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLTCABLE GOVERNMENTAL AUTHORI I OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, OR:FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY PART THEREOF, (F) THE MANNER OR QUALITY OF THE CONS I RUCTION OR MATERIALS, IF ANY, INCORPORA 1'l sD INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY OR ANY PART THEREOF OR ANY IMPROVEMENTS THERETO, (I I) THE EXISTENCE, QUALITY, NATURE, ADEQUACY, OR PHYSICAL CONDITION OF ANY UTILITIES SERVING THE PROPERTY, OR (1) ANY OTHER MAT 1'ER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTORRA,S NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, TI-IE DISPOSAL OR EXISTENCE, CE, IN OR ON TIE PROPERTY OR ANY PART THEREOF, OF ANY HAZARDOUS MATERIALS; (ii) GRANTEE HAS FULLY INSPECTED THE PROPERTY AND THAT THE CONVEYANCE HEREUNDER OF THE PROPERTY IS "AS IS" AND "WITH ALL FAULTS," AND GRANTOR HAS NO OBLIGATION TO ALTER, REPAIR, OR IMPROVE THE PROPERTY OR ANY PART THEREOF OR ANY IMPROVEMENTS THERETO; AND (iii) NO WARRANTY HAS ARISEN THROUGH TRADE, CUSTOM, OR COURSE OF DEALING WITH GRANTOR, AND ALL STATUTORY, COMMON LAW, AND CUSTOMARY COVENANTS AND WAP.RANTJES,1F ANY, OF WHA FEVER KIND, CHARACTER, NATURE, PURPOSE, OR EFFECT, WHETHER CFN: 20110299846 BOOK 27680 PAGE 4771 EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, ARE HEREBY EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVED, DISCLAIMED, AND EXCLUDED FROM THIS SPECIAL WARRANTY DEED, NOTWITHSTANDING ANY CUSTOM OR PRACTICE TO TIIE CONTRARY, OR ANY STATUTORY, COMMON LAW, DECISIONAL, I-IISTORICAL, OR CUSTOMARY MEANING, IMPLICATION, SIGNIFICANCE, EFFECT, OR USE OF CONTRARY IMPORT OF ANY WORD, TERM, PHRASE OR PROVISION HEREIN. Further, by its acceptance of delivery of this Special Warranty Deed, Grantee or anyone claiming by, through, or under Grantee, hereby fully releases Grantor, the Institution, and the FDIC in any and all of its various other capacities, and their respective employees, officers, directors, representatives, and agents from any and all claims, costs, losses, liabilities, damages, expenses, demands, actions, or causes of action that it or they may now have or hereafter acquire, whether direct or indirect, known or unknown, suspected or unsuspected, liquidated or contingent, arising from or related to the Property in any manner whatsoever. This covenant releasing Grantor, the institution, and the l, .)IC in any and all of its various other capacities shall be a covenant running with the Property and shall be binding upon Grantee, its successors, and assigns. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging to Grantor, unto Grantee, its legal representatives, successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT SPECIALLY AND FOREVER DEFEND all and singular the Property unto Grantee, its legal representatives, successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject, however, to the Permitted Exceptions. The fact that certain encumbrances, limitations, or other matters or conditions may be mentioned, disclaimed, or excepted in any way herein, whether specifically or generally, shall not be a covenant, representation, or warranty of Grantor as to any encumbrances, limitations, or any other matters or conditions not mentioned, disclaimed, or excepted. Notwithstanding anything herein to the contrary, however, nothing herein shall be construed or deemed as an admission by Grantor or Grantee to any third party of the existence, validity, enforceability, scope, or location of any encumbrances, limitations, or other matters or conditions mentioned, disclaimed, or excepted in any way herein, and nothing shall be construed or deemed as a waiver by Grantor or Grantee of its respective rights, if any, but without obligation, to challenge or enforce the existence, validity, enforceability, scope, or location of same against third parties. All ad valorem taxes and assessments for the Property for the year in which this Special Warranty Deed is executed have been prorated by the parties hereto as of the date of this Special Warranty Deed, By its execution and acceptance of delivery of this Special Warranty Deed, Grantee hereby assumes the payment of all ad valorem taxes, standby fees, and general and special assessments of whatever kind and character affecting the Property which are due, or which may become due, for the current tax year or assessment period and for any tax year or assessment period subsequent to the date of this Special Warranty Deed, including, without limitation, taxes or assessments for prior years becoming due by reason of a change in usage or ownership, or both, of the Property or any portion thereof. CFN: 20110299846 BOOK 27680 PAGE 4772 IN WITNESS WHEREOF, this Special Warranty Deed is executed on this ' day of May, 2011, WITNESSES: J Printed Name: `2 ►hw t l v;v o Z' PrintedName: .14 / c. GRANTOR: FEDERAL DEPOSIT • INSURANCE CORPORATION, as Receiver for Florida Community Bank Dame: SN W. TAYLOR Title; Attorney in Fact ACKNOWLEDGMENT ATTORNEY IN FACT STAI'.G OF \�`� COUNTY OF This instillment as acicn wledged before me on the 4 I\ day of May, 2011 b 0 , Attorney in Fact of the Federal Deposit Insurance Corporation as Receiver or FLORIDA COMMUNITY BANK on behalf of said entity, Notary Public, State of Texas Notary Signature d Stamp CFN: 20110299846 BOOK 27680 PAGE 4773 ACCEPTED AND AGREED TO ON THIS TIIE Li DAY OF MAY, 2011. GRANTEE: 3 cs 4 +- tt2R �) /C Name:.. „� /40s_e Title: STAi'hOF F. 1Lc1�! COU. NTY OF PI ramt Tl ihs instr amei tl was Gpknowledged before me on the 4-1 day of May, 2011 by Geov � �i t1S , Managing Member of 230 SW 3rd ST, LLC, a Florida limited 19dbiJity company on behalf of said limited liability company. ,e`;.Y pyg4,, JOSEPH R. COLLETT1 MYCOMMISSION DD 988187 sEIRmber 4, 2 f44.0F FLOPIO oXPn4ed ThES:N seodpolSepteNolary Service014s Notary Public, State of 0 CFN: 20110299846 BOOK 27680 PAGE 4774 i EXHIBIT A TRACT 3 OF "RIVERSIDE PLAZA", ACCORDING TO TIIE PLAT THEREOF RECORDED IN PLAT BOOK 139, PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADEE? COUNTY, FLORIDA, LESS AND EXCEPT: THAT PART OF TRACT 3, RIVERSIDE PLAZA, AS RECORDED IN PUT BOOK 139, PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND BEING A PORTION OF SECTION 37, TOWNSHIP 54 SOUTH, RANGE 41 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 3; THENCE ALONG '111E SOUTH BOUNDARY OF SAID TRACT 3, SOUTII 87°42'40" WEST FOR 2.315 METERS (7.60 FEET); THENCE NORTH 00°0'14" WEST FOR 75.56 METERS (247.90 FEET) TO A POINT ON THE EAST BOUNDARY OF THE AFORESAID TRACT 3 ALSO BEING THE, WESTERLY RIGHT-OF-WAY LINE OF S,W, 2ND AVENUE THENCE ALONG SAID EAST BOUNDARY, SOUTH 02°15'35" E FOR 75.525 METERS (247.78 FEET) TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 3; THENCE ALONG THE EAST BOUNDARY OF SAID TRACT 3 ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF S.W, 2ND AVENUE NORTH 02°15'35" WEST FOR 78.383 METERS (257.16 FEET) TO THE POINT OF BEGINNING; THENCE SOUTH 87°44'25" WEST FOR 1.113 METERS (3,65 FEET), THENCE N 02°15'35" WEST FOR 6.558 METERS (21.52 FEET) TO A POINT OF CURVATURE; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, HAVING FOR ITS ELEMENTS A RADIUS OF 6,420 METERS (21.06 FEET), A CENTRAL ANGLE OF 85°50' 16", AN ARC LENGTH OF 9.618 METERS (31.56 FEET), AND A CHORD BEARING AND DISTANCE OF NORTH 45°10'43" WEST FOR 8.744 METERS (28,69 FEET) TO A POINT ON THE AFORESAID EAST BOUNDARY OF TRACT 3, SAID POINT BEING ON THE ARC OF A NON -TANGENT CURVE (A RADIAL LINE BEARS SOUTH 01 °54'09" WEST TO THE CENTER OF SAID CURVE); THENCE ALONG SAID EAST BOUNDARY, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE SOUTIIWES'I'ERLY WAVING FOR ITS ELEMENTS A RADIUS OF 7.620 METERS (25.00 FEET), A CENTRAL ANGLE OF 85°50'19", FOR AN ARC LENGTH OF 11.416 METERS(37.45 FEET), AND A CHORD BEARING AND DISTANCE OF SOUTI-I 45°10'45" EAST FOR 10.378 METERS (34.05 FEET); THENCE CONTINUING ALONG SAID EAST BOUNDARY, SOUTH-02°15'35-'-EAST FOR 5.361 METERS (17 59 FEET) TOTHE POINT OF BEGINNING. CFN: 20110299846 BOOK 27680 PAGE 4775 EXHIBIT B Permitted Exceptions 1. Taxes for the year 2011 and subsequent years not yet due and payable. 2. Provisions of the Plat of Riverside Plaza, recorded in Plat Book 139 Page 43, as affected by: O.R, Book 16962, Page 733 of the Public Records of Miami -Dade County, Florida, 3. Easement contained in Instrument recorded in Deed Book 3743, Page 114. 4. Easement granted to Florida Power & Light Company by instrument recorded in O,R, Book 14870, Page 1718, as affected by: O.R, Book 18595, Page 2798, , 5. The terms, provisions and conditions contained in that certain Memorandum of Development, Reciprocal Easement and Operating Agreement recorded in 0.R. Book 14828, Page 1204, as affected by: O.R. Book 15343, Page 3014 and O.R. Book 16962, Page 738. 6. The terms, provisions and conditions contained in that certain Access, Utility and Construction Easement Agreement recorded in O.R. Book 14828, Page 1210, as affected by: O.R, Book 16135, Page 1052. 7. Grant of Easement recorded in O.R. Book 15803, Page4013. 8, Easement contained in Special Warranty Deed recorded ±o O.R, Book 16506, Page 797, 9, Temporary Easement recorded in O.R, Book 18196, Page 2403, as affected by: O,R. Book 18528, Page 4820. 10. Easement granted to Florida Power & Light Company by instrument recorded in O.R. Book 23647, Page 2895. CFN: 20110299846 BOOK 27680 PAGE 4776 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE Administrative Proceeding OFR Case No: 0703-FI-12/09 FLORIDA COMMUNITY BANK, a state -chartered bank located in Immokalee, Collier County, Florida, NOTICE OF TAKING POSSESSION OF FLORIDA COMMUNITY BANK_AND APPOINTMENT OF RECEIVER, NOTICE IS HEREBY GIVEN that as Commissioner of the Office of Financial Regulation, in accordance with the authority vested in me by the laws of the State of Florida, I have taken possession of FLORIDA COMMUNITY BANK, appointed the Federal Deposit Insurance Corporation ("FDIC") as receiver of FLORIDA COMMUNITY BANK, and have authorized the FDIC to take charge and possession of all assets and affairs of FLORIDA COMMUNITY BANK pursuant to Sections 658.79, 658.80, and 658,82, Florida Statutes (2009), effective January 29, 2010, at 6:00 p.m. EST, or at such earlier time on that date as the Office's duly authorized on site representative specifies, J, T'onaas Cardwell, Commissioner O ce of Financial Regulation EXHIBIT CFN: 20110299846 BOOK 27680 PAGE 4777 FDIC Federal Deposit Insurance Corporation 1601 Bryan Street, Dallas, TX 75201 Division of Resolutions and Receiverships January 29, 2010 Mr, J. Thomas Cardwell, Commissioner Florida Office of Financial Regulation 200 E. Gaines Street Tallahassee, FL 32399 Subject: Florida Community Bank Immokalee, FL Dear Commissioner Cardwell: Please be advised that the Federal Deposit Insurance Corporation accepts appointment as Receiver of Florida Community Bank, Immokalee, FL pursuant to an r.rder in form and substance as attached. Sincerely, By: Dennis T " mper Receiver in harp, FDIC 11)NIU CFN: 20110299846 BOOK 27680 PAGE 4778 201190049928 )hl POP 115 LIMITED POWER OF AT T'ORNEY KNOW ALL PERSONS BY THESE PRESENTS, that the FEDERAL DEPOSIT INSURANCE CORPORATION, a Corporation organized and existing under an Act of Congress, hereinafter called the "FDIC," acting in its Receivership capacity or separate Corporate capacity or as Manager of the FSLIC Resolution Fund has acquired and will acquire certain assets for liquidation and has determined that it is necessary to appoint a representative to act on its behalf in comiection with the maintenance and liquidation of said assets, hereinafter called the "Acquired Assets." WHEREAS, the FDIC desires to designate Steven W. Taylor as Attorney -in -Fact for the limited purpose of facilitating the management and disposition of the Acquired Assets; and WHEREAS, the undersigned has full authority to execute this instrument on behalf of the FDIC under applicable Resolutions of the FDIC's Board of Directors and redelegations thereof. NOW, THEREFORE, the FDIC appoints Steven W. Taylor as its true and lawful Attorney -in -Fact to act in its name, place, and stead, and hereby grants Steven W. Taylor the authority, subject to the limitations herein, as follows: (1) Sign, seal and deliver as the act and deed of the FDIC any instrument in writing, and to do every other thing necessary and proper for the collection and recovery of any and all monies and properties of every kind and nature whatsoever for and on behalf of the FDIC and to give proper receipts and acquittance therefor in the name and on behalf of the FDIC; (2) Release, discharge or assign any and all judgments, mortgages on real estate or personal property, including the release and discharge of the same of record in the office of any Prothonotary or Register of Deeds wherever located where payments on account of the same in redemption or otherwise may have been made by the debtor (s), and to endorse receipt of such payment upon the records in any appropriate public office; (3) Receive, collect and give all proper acquittance for any other suns of money owing to the FDIC for any Acquired Asset which the attorney -in -fact may sell or dispose of; Limited Power of Attomey Steven W, Taylor February, 2011 Page 1 CFN: 20110299846 BOOK 27680 PAGE 4779 (4) Execute any and all transfers and assignments as may be necessary to assign any securities or other choses in action; (5) Sign, seal, acknowledge and deliver any and all agreements, easements, or conveyances as shall be deemed necessary or proper by the FDIC Attorney -in -Fact in the care and management of the Acquired Assets; (6) Sign, seal, acknowledge and deliver indemnity agreements and surety bonds in the name of and on behalf of the FDIC; (7) Sign receipts for the payment of all rents and profits due or to become due on the Acquired Assets; (8) Execute, acknowledge and deliver deeds of real property in the name of the FDIC; (9) Extend, postpone, release and satisfy or take such other action regarding any mortgage lien held in the name of the FDIC; (10) Execute, acknowledge and deliver in the name of the FDIC a power of attorney wherever necessary or required by law to any attorney employed by the FDIC; (11) Foreclose any mortgage or other Iien on either real or personal property, wherever located. Limited Power of Attorney Steven W. Taylor February, 2011 Page 2 CFN: 20110299846 BOOK 27680 PAGE 4780 This Power of Attorney shall be effective October 12, 2010, and shall continue in full force and effect through October 31, 2012, unless otherwise terminated by any official of the FDIC authorized to do so by the Board of Directors of the FDIC. IN WITNESS WHEREOF, the FDIC, by its duly authorized officer empowered by appropriate resolutign of its Board of Directors, has caused these presents to be subscribed in its name this Z3 day of February, 2011. FEDERAL DEPOSIT INSURANCE CORPORATION By: SL Name: James L. Parrish Title: Customer Service Manager Dallas Regional Office Signed in the presence of: YY itnB Name: C/ J f3 /4.7 I ocJ _ Witness Name: Limited Power of Attorney Steven W. Taylor dra, / ,s(!_y February, 201 I Page 3 CFN: 20110299846 BOOK 27680 PAGE 4781 STATE OF TEXAS COUNTY OF DALLAS On this ;5-day ofFebruaiy, 2011, before me, allotary Public in and for the State of Texas appeared James L. Parrish, to me personally known, who, being by me first duly sworn did depose that he is Customer Service Manager, Dallas Regional Office of the Federal Deposit Insurance Corporation (the "Corporation"), in whose name the foregoing Limited Power of Attorney was executed and subscribed, and the said Limited Power of Attorney was executed and subscribed on behalf of the said Corporation by due authority of the Corporation's Board of Directors, and the said James L. Parrish, acknowledged the said Limited Power of Attorney to be the free act and deed of said Corporation. GARYLCRISS MY COMMISSION EXPIRES jj Aprll22,2014 STATE OFTEXAS COUNTY OF DALLAS • Notary .Yu lie r My Commission expires: 'I1 ' Ji✓ ,.Z0//1 On this a-5 day of February, 2011, before me, a Notary Public in and for the State of Texas appeared c-it7 1 roc - • (witness #1) and i .../27S�id _ V ,S/i / (witness #2), to me personally known to be the persons whose es are subscribed as witness to the foregoing instrument of writing, and after being duly sworn by me stated on oath that they saw James L. Parrish, Customer Service Manager, Dallas Regional Office of the Federal Deposit Insurance Corporation, the person who executed the foregoing instrument, subscribe the same, and that they had signed the same as a witness at the,request of the person who executed the same, Limited Power of Attorney Steven W, Taylor .(g,„ Notary Public `� My Commission expires: /',5.,4/ February, 2011 Page 4 CFN: 20110299846 BOOK 27680 PAGE 4782 TRUE AND CORRECT COPY OF ORIGINAL FILED IN DALLAS (Vagiatap CE SIGNATURE DA E THE SPATE (*TEXAS COUHTY.OF DALLAS 1 hereby certify that the auuve and foregoing IIs a full, troe, and correct photographic copy of the odglnal record new In my, lawful custody and possesslon, flied on the date stamped thereon and •es the same Is recorded In the Recorder's Records.ln my office under the volume and page or Instrument d stampedthereon• 1 hereby certify on FEB 25. 2011: '• 1 Filed and Reoorded Offloral Pub110 Racords John F. Warren, County Clerk Dallac County, TEXRS 02/26/2011 12:28:47 PM $28.00 -- — .1 201100049928 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: (First Name) (Middle) HOME ADDRESS: CITY: (Last ame) (Address Line 1) HOME PHONE: EMAIL: steverhodes@bellsouth.net (Address Line 2) STATE: ZIP: CELL PHONE: FAX: BUSSINESS or APPLICANT or ENTITY NAME 230 SW 3rd Street LLC BUSINESS ADDRESS: 2121 SW 3 Avenue, Suite 401 (Address Line 1) Miami, Florida 33129 (Address Line 2) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning and Land Use approval for property located at 230 SW 3rd 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? El YES ® NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. n/a b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 'n/a 5. Describe what is being requested in exchange for the consideration. n/a I hereby acknowledge Ordinance 12918 or civil penalties disclosure requirement PERSON SUBMITTING ACKNOWLEDGEMENT OF COMPLIANCE that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal that may be imposed under the City Code, upon determination by the City Commission that the foregoing 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 entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. DISCLOSURE: (-1-1--117 gg ature- Gt 0,r___ t-Ce.4 subscribed before me this (C2 Print me Sworn to and I7t.St1't(n7L'17l day of tee 0/ I . The foregoing was acknowledged befare me by as identcation �' �/� , who has produced G�%1 and/or is personally known to me and who did/did notfalce an oath. STATE OF CITY OF MY COMMIS EXPIRES:,_ FLORIDA MIAMI 9/�. n (/0a ( ION Notary 1 e .i / - -) 0 (SO 'Tint la - Page 2 Enclosure(s) Doc. No.:86543 1;a,Y,?N,., JACQUELYN S. 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I MAINTAINED GRASSED AREA •P1111 I, r '�.f� -- Ct� - =� a'rd� '-:__ ' ta °e _ *O,`.,. .©�r� iso, y rr_� it--J= -_ bi % - #‘51:1:Li."-r- NY.'I-� xLS !a w !0' �o O t0 I0 00 • � .. 'H, X p d+_--- f'- _A faatdl STREE�r Le • • A Nrs21.0.T' awn 0. P. 1 n R (AAHtl (O177M0-06774 ®lIPMC SOLE IN AST ALTA/ACSM LAND TITLE SURVEY Sat/la J7. (ors* Si S.•Vt Row 41 lost Gt7 01 *Pi 4o -Apr CLAit4 12. 4s • J T4. 41 Serin7.6710 (L ('poll ' .► NrJZ �I J1 P.O. .. LESS1A :I I ZI, • W " 7 ▪ >It aI I I '1 004WI PoitWo 11 o Itn R4 1 .Pei . •. op{y ,3 ' f0A0• "P.o.e.(ISSI 01T) IL COWER 00 At 71N.C7 J 1 • J�a4c1.7EJs7Z-. 1-1LAiiln ��- ��%ssoatfc.sr _a72c. LAND PLANNLRS . LNG)Nd•BRS • LAND SURVLYORS (LD/87) 1(w AOnt471 Air • AWOL R4AA • MD 441Yd1rs-mi • tit, $4) $7l-714 • RI PROPHituw Nr !wt L 'lag 1m► Philip! Ay4el W Spam a ytr • *Mr 40.r Artmva �_6b 0Am•b *ma I ILL I* wool w 1il1 7Yw 7•A•NMI *AY* II* srr 1' - •0 a. a 4m%4158 Art a 1 s l fly ?I,: IP :_oo