HomeMy WebLinkAboutPZAB 06-06-12 Supporting DocsPZAB.2
File ID:
Title:
Location:
Applicant(s):
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
12-00084zc 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 "T6-12 0" URBAN
CORE TRANSECT ZONE TO "T6-24 0" URBAN CORE TRANSECT ZONE,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 3601, 3651, 3681
AND 3701 NORTH MIAMI AVENUE, 3610, 3620 AND 3630 NORTHEAST
MIAMI COURT, 17 AND 25 NORTHEAST 36TH STREET, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Approximately 3601, 3651, 3681 and 3701 North Miami Avenue, 3610, 3620
and 3630 NE Miami Court, 17 and 25 NE 36th Street [Commissioner Michelle
Spence -Jones - District 5]
Neisen O. Kasdin, Esquire, on behalf of Fifteen Midtown Properties, LLC.
1 SE 3rd Avenue, Ste 2500
Miami, FL 33131
(305) 374-5600
Current Zoning: T6-12 0 Urban Core Zone
Proposed Zoning: T6-24 0 Urban Core Zone
Purpose: This will change the above properties from T6-12-0 "Urban Core Transect
Zone" to T6-24-0 "Urban Core Transect Zone".
Planning and Zoning
Department
Recommendation: Denial.
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: Continued on March 21, 2012 and April 18, 2012.
City Commission: Continued on April 26, 2012 and May 24, 2012.
ANALYSIS FOR ZONING CHANGE
Approximately 3601, 3651, 3681 and 3701 North Miami Ave, 3610, 3620 and
3630 Northeast Miami Court, 17 and 25 NE 36th Street
FILE NO 12-00084zc
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 T6-12-0 "Urban Core Transect Zone -Open" to T6-24-0 "Urban Core
Transect Zone — Open".
The subject properties are located within the Little Haiti NET area, and consist of thirteen parcels comprising 0.947 acres, located on
the North side of NE 36th Street; between North Miami Ave and NE Miami Court 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 properties are part of a low intensity commercial corridor along NE 36 Street and it's located on the boundaries
of the formerly known as Design -District and adjacent on the south to the Midtown Overlay District
• Following are the densities allowed per transects:
T5-0 "Urban Center Transect Zone - Open" 65 Units per acre
T6-12-0 "Urban Core Transect Zone — Open" 150 Units per acre
T6-24-0 "Urban Core Transect Zone - Open" 150 Units per acre
• The subject properties have a T6-12-0 zoning designation and are surrounded by T6-12-0/T5-0 to the west, T6-12-0 to
the east, T6-24-0 to the south and by the 1-195 Expressway to the north.
• The T5-0 allows a maximum height of five (5) stories and six (6) with Public Benefits Program, T6-12-0 "Urban Core"
allows a maximum height of twelve (12) stories and twenty (20) with Public Benefits Program and T6-24-0 allows a
maximum height of twenty-four (24) stories and forty-eight (48) with Public Benefits Program..
• The subject parcels comply with Article 7, Amendment to the Miami 21 Code, 7.1.2.8 a. Successional Zoning.
• The proposed increase in Transect Zone would be out of scale with the remainder of the corridor. Additionally, an increase
to T6-24-0 does not provide appropriate transition between the proposed T6-24-0 and the T5-0/T6-12-0 neighborhood
immediately to the west.
• A zoning change at this location may set in motion similar zoning changes in the vicinity that will negatively impact the
character of the corridor and surrounding areas
• The proposed zoning designation is 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: 12-00084zc
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 light 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.
MIAMI 21 MAP
�T3-L
` 4 L
0
150
300
600 Feet
ADDRESS: 3601, 3651, 3681, and 3701 N MIAMI AV;
3610, 3620, and 3630 NE MIAMI CT; and
17 and 25 NE 36 ST
MIAMI 21 MAP - PROPOSED
�T3-L
` 4 i L
0
150
300
600 Feet
ADDRESS: 3601, 3651, 3681, and 3701 N MIAMI AV;
3610, 3620, and 3630 NE MIAMI CT; and
17 and 25 NE 36 ST
0
150
300
600 Feet
ADDRESS: 3601, 3651, 3681, and 3701 N MIAMI AV;
3610, 3620, and 3630 NE MIAMI CT; and
17 and 25 NE 36 ST
Akerman
January 30, 2012
VIA HAND DELIVERY
Mr. Anel Rodriguez
Administrator
Office of Hearing Boards
City of Miami
444 SW 2nd Avenue, 7th Floor
Miami, FL 331
Neisen O. Kasdin
Akerman Senterfitt
One Southeast Third Avenue
Suite 2500
Miami, FL 33131-1714
Tel: 305.374.5600
Fax: 305.374.5095
Re: Letter of Intent & Analysis - Request for Rezoning from T6-12 0 to T6-24 0
3601, 3651, 3681 & 3701 N. Miami Ave.; 17 & 25 NE 36th St.; and 3630, 3620, &
3610 NE Miami Court, Miami, FL
Dear Mr. Rodriguez:
Our firm represents Fifteen Midtown Properties, LLC (hereinafter, the "Applicant") in
the above -referenced matter. Our client respectfully requests the City of Miami's ("City")
approval -of a change in transect designation from Urban Core Transect Zone (T6-12 0) to Urban
Core Transect Zone (T6-24 0) for each of the above -referenced properties pursuant to Sec.
7.1.2.8.b.1 of the Miami 21 Code ("Miami 21").
The subject properties are located at the northeast corner of the intersection of N. Miami
Avenue and NE 36th Street. The site is bounded by I-195 to the north, NE 36th Street to the
south, N. Miami. Court to the east, and N. Miami Avenue to the west. Currently, the site
consists of a vacant unimproved lot with an outdoor advertising sign located on the northwest
corner of the assemblage immediately across from the off -ramp of the N. Miami Avenue exit of
I-195.
akerman.com
BOCA RATON- DALLAS--- DENVER- FORT LAUDERDALE _JACKSONVILLE - _ LAS VEGAS LOS ANGELES MADISON MIAMI NAPLES
NEW YORK ORLANDO PALM BEACH SALT LAKE CITY TALLAHASSEE TAMPA TYSONS CORNER WASHINGTON, D.C.
WEST PALM BEACH
{22967631;1)
Mr. Anel Rodriguez
January 20, 2012
Page 2
Situated between both the Midtown and the Design District, the subject property serves
as a gateway to the both emerging neighborhoods. The ease of access on and off the highway
for the existing site make the property a prime candidate for redevelopment that can
complement the existing retail and residential development underway in both adjoining
districts. Potential uses that may be developed on the site include retail, lodging, and office
uses.
A total of 16 properties are located within three hundred feet (300') of the boundaries of
the subject property (please reference the numbered map included with the application). Said
properties consist of a variety of uses consistingof retail, gallery space, restaurants, public
parking, and office. All of the parcels are designated as General Commercial in the City's
Future Land Use Map, with the exception of the parcels 1, 6, 7, and 8, located within the SD 27.1
and SD 27.2, which are designated as Restricted Commercial.
The transect designations for parcels within a 300' distance from the subject properties
consist of either Urban Core Transect (T6-12 0), Urban Center Transect Zone (T5 0), or SD 27.2.
Properties 2 and 3, located to east of the subject site along the north side of NE 36 Street are
designated Urban Core Transect (T6-12 0). Properties 1, 6, 7, and 8, located east of the subject
site along the south side of NE 36th Street carry a designation of SD 27.2, which permits heights
of up to 200' for mixed -use building located along NE 36th Street. The SD 27.1 district located
immediately east of said parcels permits maximum heights between 300' and 350', depending
on the property's location within the district. Parcels 13, 15, 16, located south of the subject site
along the west side of North Miami Avenue carry a transect designation of Urban Center
Transect Zone (T5 0), as do parcels 5 and 9 located west of the site along both sides of NE 36th
Street. Finally, parcels 4, 10, 11, 12, and 14, located along both sides of N. Miami Avenue also
share a designation of Urban Core Transect (T6-12 0). A review of the photographs for each of
the aforementioned parcels reveals that the vast majority of the sites are developed to an
intensity or density well below that of what is permitted under the existing zoning.
In the case of the subject property, the existing zoning is inappropriate for a number of
reasons, principally related to the eventual design of the building that would be developed.
The current T6-12 0 transect designation carries within it reduced height and a higher floor lot
ratio ("FLR") than what would be permitted under the requested zoning. The result of the
existing incentives and limitations would be the construction of a shorter, squatter building that
would attempt to maximize the FLR within full dimensions of the site. The grant of the
requested zoning would provide the developer with some additional base height within which
they could distribute the permitted floor area. The result of the requested change would be the
construction of a slightly taller, thinner building with a more elegant design that would permit
the introduction of civic space elements that would serve to further reinforce the building's
function as a gateway to both Midtown and the Design District.
{22967631;1 }
Mr. Anel Rodriguez
January 20, 2012
Page 3
For the foregoing reasons, we would respectfully request the City's favorable
consideration and adoption of the requested zoning amendment.
cc: Justin Toal, Fifteen Group
Matt VanderWerff, Fifteen Group
(22967631;1 )
REZONING APPLICATION
MIAMI 21
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 paqe.
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 (81,4x11") 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 Com mission.
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.
Rcv. 06-2011
CITY OF MIAMI
HEAR INC BOARDS
Ph: 305-416-2030 444 SW 20 Avc 7m Floor Miami, FL. 33130
www.miamigov.com/hcaring_boards
2
REZONING APPLICATION
3601, 3651, 3681 & 3701 N. Miami Ave (Folio No. 01-3124-026-0010,
01-3124-026-0050, 01-3124-026-0060, 01-3124-026-0070);
3630, 3620, & 3610 NE Miami Ct (01-3124-026-00150, 01-3124-026-0160,
01-3124-026-0170);
17 & 25 NE 36 St (Folio Nos. 01-3124-026-0030, 01-3124-026-0040)
Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information.
1. Applicant(s): Fifteen Midtown Properties, LLC
2. Subject property address(es) and folio number(s):
3. Present zoning designation(s): Urban Core Transect Zone (T6-12 0)
4. Proposed zoning designation(s): Urban Core Transect Zone (T6-24 0)
5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of
the subject property, including aerial photo of the site as to why the present zoning designation is
inappropriate and proposed zoning designation is appropriate.
6. One (1) original, two (2) 11x17" copies and one (1) 8'/2x11 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 "Exhi bit A", to match with the current survey's legal description.
Urban Core Transect Zone (T6-12 0)
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.
Rev. 06-2011
CITY OF MIAMI
HEARING BOARDS
Ph: 305-416-2030
444 SW 2nd Ave 7,1' Floor Mi:uni, FL 33130 -
www.rniarnigov.com/hcaring_boards
20 T eoregoing wa�c� edge
li
j by
a(n) i dividual/partner/agent/corpor n of
individual/partnership/corporatio . He/ he is
as identification an ho did (d
PIMA fia1:10,-BATA
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE101480
Expires 6/8/2015
Rev. 06-2011
REZONING APPLICATION
17. What is the acreage of the project/property site? 0.947 acres
18. What is the purpose of this application/nature of proposed use?
Residential, Commercial, Office, Lodging
19. 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
20. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning Department on the 3rd Floor for information. No
21. Cost of processing according to 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
Minimum
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
Minimum
$ .15
$ 635.00
$ .20
$ 750.00
c. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, per square foot of net lot area $ .25
Minimum $ 900.00
d. T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD, per square foot of net lot area $ .30
Minimum $ 1,000.00
Public hearing and public meeting mail notice fees, including cost of handling
and mailing per notice $ 3.50
*Pursuant to Or.inance 12719, all planning and zoning fees in excess of $25,000.00, shall be paid in
the form of a ce ifi - 'heck, cashier's check, or money order.
Signature
Name
Neisen O. Kasdin
Telephone (305) 374-5600
Address One SE Third Avenue, 25th Floor
E-mail
Miami, FL 33131
neisen.kasdin@akerman.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
re me this day of JPAfrcticlja___
i
Signature
CITY OF MIAMI
HEARING BOAR
Ph: 305-416-2030
444 SW 2„d Ave 7th Floor Miami, r+I, 33130
www.miamigov.com/hearing_boards
D
s
a(n)
or who has produced
who is
3601 N Miami Ave
3701 N Miami Ave
3651 N Miami Ave
3681 N Miami Ave
17 NE 36th St
25 NE 36th St
3630 NE Miami Ct
3620 NE Miami Ct
3610 NE Miami Ct
LEGAL DESCRIPTION:
"Exhibit A"
01-3124-026-0010
01-3124-026-0070
01-3124-026-0050
01-3124-026-0060
01-3124-026-0030
01-3124-026-0040
01-3124-026-0150
01-3124-026-0160
01-3124-026-0170
Parcel I:
Lots 1, 2, 3 & 4, Block 1 and Lots 1, 2, 13, 14, Block 2, of CENTRAL ADDITION TO BUENA. VISTA,
according to the Platthereof as recorded in Plat Book 3 at Page 1911, of the Public Records cf
kfiaml—Dade County, Florida. less and except the following described property;
The West 15 feet of said Lots 1 tY 2, Block 2; also less and except the following:
Beginning et the Northwest Corner of Lot 1, Block. 1, of CENTRAL ,4D0ITIOU BUENA VISTA: thence run
South along the West line of said Lot 1 for a distance of 100 feetto the Southwest Comer of said Lot
1; thence run East along the South line of Lots 1, 2 and 3 of said Block 1 for a distance of 78 feet
to the Southeast corner of said Lot 3; thence run North along the East line of said Lot 3 for a
distance of 15 feet to o point; thenee run West along o line 15 lee* North of and parallel with the
South Line of said Lot 3 and 2 for a distance of 43,03 feet to a Point of Curve; thence run along
the arc of tangential curve to the right having a radius of 20 feet through a central angle of 89154'30"
for an arc distance of 31>38 feet to a Point of Tangency on a lino 15 feat Eaat of and parallel with
the West line of said Lot 1; thence run North along a line 15 feet east of and parallel with the West
line of avid Lai t for dietnnee of 65,43 feet to a point on the North line at avid Lot 1; thence run
West along the North Ilne of said Lot 1; thence run West along the North line of said Lot 1 for a
distance of 13 feet to the Poirrt of Beginning and less the South t5 teet of Lot 4, Block 1.
Parcel Ida
The WeeE 15 feet of outd Lots 3 and A. olsa less and except shot part of Lots 3 end 4, Block 2,
CENTRAL ADDITION TO BUBO VISTA, being more particularly described as follows:
(LESS OUT "A")
Begin at the Northeast corner of. said Lot 4; thence southerly along: the easterly line of said Lots 3 and
4, a distance of 57.67 feet; thence North 82'00'33" West,a dietence of 87.46 fact to a paint on the
Westerly line of Bald Lot 4; thence Northerly along sold Westerly line, a distance of 4-4.77 feet to the
Northwest corner of said Lot 4; thence Easterly along the Northerly line of "aid Lct 4, a distance: a1
88.72 feet to the point of beginning,.
(LESS OUT "B")
Also less and except that part of the said Lot 12, Block 2, CENTRAL ADDI110N TO BUENA VISTA, barng
MOM particularly described as follows: Begin ot the Northeast corner of said Lot 12; thence Southerly
along the Easterly line of said Lot 12, a distance of 21.93 feet; thence North 82100'33" 'West, a
diatoncc of 102.60 feat to 0 point on the Wo tcriy line of o aid Lot 12, thence northerly piang soil
Westerny line; a distance of 9.87 feet to the Northwest Corner of :sold Lot 12; thence Easterly along the
Northerly line of Lot 12, o distance ot 101.70 feet to the Point of Beginning.
AND
Lots 5 and 6, Block 1 of "CENTRAL ADDfiION TO BUENA VISTA", according to the Platthereof, as
recorded in Plot Book 3 ot Pogo 191, of the Public Records of Miorni—Bode County, Florida, less the
South 15.09 feet for road right of way.
Parcel I A;
Lots 7 and 6, LESS the South 15.00 feet for right of way, Block 1, of `CENTRAL ADDITION TO BUENA
VISTA", according to the Plot thereof, at recorded in Plat Book. 3 at Page 191. of the Public Records of
1iiomi—Dede County, Florido,
{22975074;1}
REZONING APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Nelsen O. Kasdin
, 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, ® including or 0 not including responses to day to day staff
inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing
addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner
or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant sayeth not.
Neisen O. Kasdin
Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
T foregoing wa a k wled ed b re me this
20 , by S�%�
a(n) i ividual/ � nticor oral n of
O p p Est
Applicant(s) Signature
day offj-lifilkikilir
who is
individual/partnership/corporation.She i sona y k . . to me .r who has produced
(Stamp)
Rev. 06-2011
as identification and who did
Signature
CITY OF MIAMI
HEARING BOARDS
Ph:305-416-2030
444 S\V 2" Ave 7""" Floor Miami, FL 33130
www.miamigov.com/hearing_boards
DIANA PEREZ'GATA
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE101480
Expires 5/8/2015
5
Prepared by and return to:
Neisen 0. Kasdin, Esq.
Akerman Senterfitt
One Southeast Third Avenue, Suite 2500
Miami, Florida 33131
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that FIFTEEN MIDTOWN PROPERTIES,
LLC, have made, constituted and appointed, and by these presents do make, constitute and appoint
NEISEN O. KASDIN and JAVIER E. FERNANDEZ true and lawful attorney for them and in their stead
to execute all documents and instruments required with respect to their application for rezoning submitted to
City of Miami for property located at 3601, 3630, 3651 & 3701 N. Miami Avenue and 17, 25 & 45 NE 36th
Street, Miami, FL 33137, giving and granting unto NEISEN O. KASDIN and JAVIER E. FERNANDEZ,
their said attorney full power and authority to do and perform all and every act and thing whatsoever
requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he
might or could do if personally present, with full power of substitution and revocation, hereby ratifying and
confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this
2012.
Signed and delivered in the presence of:
Wit
ss Signature
vs-hl� loa /
Witness Name
Witness S. ature
Jesse ley\
Witness Name
STATE OF FL 01/246A-
) SS:
COUNTY OF Iw ivtAt2A )
By: M
Name: 1 (ct--4 Sp...fp��
Title: Authorized Signatory
day of January,
By:
Name:
Title: Authorized Signatory
20 f The foregoing instrument was acknowledged before me this / S day of January by
44i4.Ic SiAide'Y45 who is personally known to me or who have produced a
as identification.
; KURT TRAMMEL
'= MY COMMISSION # EE107351
?"�� ,; EXPIRES July 25, 2015
111'
(417)39r1-0153 FlorldallotaryService.com
NOTARY PUBLIC
Print Name. Kt f Os#61`' t +t
My commission expires: 9-( �5/20( S
{22967620;1}
REZONING APPLICATION
DISCLOSURE OF OWNERSHIP
List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code
requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a
presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries
of trusts, and/or any other interested parties, together with their address(es) and proportionate interest
are required. Please supply additional lists, if necessary.
Owner's Name(es)
Fifteen Midtown Properties, LLC
Percentage of Ownership See attached exhibit
Subject Property Address(es) 3601, 3681, 3651, & 3701 N. Miami Ave; 17 & 25 NE 36 Street;
3630, 3620, & 3610 NE Miami Ct
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):
See cAackfcI k l6i f
Neisen O. Kasdin
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
T foregoing
20, by
a(n) individual/partner/agent/corpor ' n of
individual/partnership/corporation. He he
as identification an o did (daK n oa
(Stamp)
Rev. 06-2011
NANA BEIIE -8ATA
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE101480
Expires 6/8/2015
Signature
CITY OF MIAMI
HEARING BOARDS
Ph: 305-416-2030
444 SW 2nd Ave 70boor Miami, FL 33130
www.miamigov.com/hcaring_boards
rIIed9,j'nethis
see
Owner(s) or Attorney Signature
day of/. `/'''
who is
a(n)
ersonally known to me r who has produced
6
Exhibit to Disclosure of Ownership
1. List of owners and percentage of ownership
Owner: Fifteen Midtown Properties, LLC
50%
50%
Mark Sanders
Ian Sanders
2. List of street addresses and legal descriptions of any property located within 500 feet of
the subject property owned by any and all parties listed above
Street Address
47 NE 36'h Street - owned by Fifteen Midtown Properties, LLC
Legal Description
Lots 1 and 2, Block 4 of "CENTRAL ADDITION TO BUENA VISTA", according to the Plat thereof, as
recorded in Plat Book 3 at Page 191, of the Public Records of Miami —Dade County, Florida, LESS AND
EXCEPTING, therefrom the South 15,00 feet thereof dedicated to the City of Miami for roadway purpose.
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: Neisen 0. Kasdin
HOME ADDRESS:
(First Name)
(Middle) (Last Name)
Akerman Senterfitt
(Address Line 1)
One SE Third Avenue, 25th Floor
CITY: Miami
HOME PHONE: (305) 374-5600
(Address Line 2)
STATE: Florida 'LIP: 33131
CELL PHONE: (305) 318-8624 FAX: (305) 374-5095
EMAIL: neisen.kasdin@akerman.com
BUSSINESS or APPLICANT or ENTITY NAME
BUSINESS ADDRESS:
Fifteen Midtown Properties, LLC
c/o Fifteen Group
(Address Line 1)
47 NE 36th Street, 2nd Floor, Miami, FL 33137
(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.
Request for rezoning.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
❑ YES 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 entity for the same issue shall be reviewed or
considered by the applicable board(s) until expira i n of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
ignature
Neisen O. Kasdin
Print Name
SSNorn to and subscribed before me this �day of em�'
'
I/ dIJV I / v , ., 2_ .
instrument was acknowledged before me by ...... _..n._....F......._ ..........
as identification an'd/or is per,'
._.... ' ....... - , who h
, nown to me Intl who did/did not
DIANA ::::::
NOTARY PUALIQ
STATE OF FLORIDA
• Comrtt#En1
r�
STATE of FLORIDA
CITY OF MIAMI
MY COMIVIS
Notary
^C C
Donor -eitr1, bPriint
EXPIRES:
Nam
Enclosure(s)
Doc. No.:86543 Page 2
=
, :
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City of Miami
Public School Concurrency
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Concurrency Management System Entered Requirements
Applicant Fields
Information
Application Type
Public Bearing
Application Sub -Type
Zoning
Application Name *
Fifteen Midtown Properties, I.LC
Application Phone *
(305) 938-4320
Application Email *
MVW@FifteenGroup.com
Application Address *
CIO Fifteen (imp. 1680 Meridian Avenue. Snit 303. Minim Beach VI. 33131
Contact Fields
Information
Contact Name *
Javier Fernandez
Contact Phone *
(305) 755-5714
Contact Email *
javier.fernandcz(r�?akennan.eom
Local Govt. Name
City of Miami
Local Govt. Phone
305-416-1400
Local Govt. Email
an).0,miamisov.com
Local Govt. App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-3124-026-0010
Additional Folio Number
see attached
Total Acreage *
0.947 acres
Proposed Land Use/Zoning *
T6-24
Single -Family Detached Units *
0
Single -Family Attached Units (Duplex) *
0
Multi -Family Units *
142
Total # of Units *
142
Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local
govemment 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 tom 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
Owner Y) 1 to pplicant Name
STATE OF FLORIDA
COUNTY OF MTAMI-DADE
Ve oregoing wa
20 by
whoa(n) individual/partner/agent/corporati
individual/partnership/corporation. IIc/She
_ as identification and who did (did not) take
(Stamp)
personally known t• e o
ath.
LIANA 1,114a1ATA
NOTARY PLJ LIC
STATE OF FLORIDA
Comm# EE101480
Expires 6/8/2015
pplicant Signature
a(n)
produced
111111111111111111111111111111111111111111111
Prepared by:
Jennifer Levin, Esq.
Fromberg, Perlow & Komik, P.A.
18901 N.E. 29th Avenue
Suite 100
Aventura, Florida 33180
Record and Return to:
Scott J. Fuerst
Ruden McClosky
200 East Broward Boulevard
Suite 1500
Fort Lauderdale, Florida 33301
CFN 2010R0799044-
OR 81< 27502 Pss 3186 - 3190; (5p95)
RECORDED 11/29/2010 15:30:54
DEED DDC TAX 31r920.00
SURTAX 231940.00
HARVEY RUVINr CLERK. OF COURT
MIAMI-DADE CDUNTYr FLORIDA
(Space Above This Line For Recording Data)
Special Warranty Deed
This Indenture made this %'g day of November, 2010 between A & S DESIGN DISTRICT DEVELOPMENT,
LLC, a Florida limited liability company whose post office address is 354 East 91" Street, Suite 201, New York, New York
10128 ("Grantor"), and, FIFTEEN MIDTOWN PROPERTIES LLC, a Florida limited liability company whose post office
address is 1680 Meridian Avenue, Suite 303, Miami Beach, Florida 33139 ("Grantee"),
(Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals,
and the successors and assigns of corporations, mots and trustees)
Witnesseth, that said Grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good
and valuable considerations to said Grantor in hand paid or otherwise provided by said Grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following
described land, situate, lying and being in Miami -Dade County, Florida, to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
Subject to taxes for 2011 which are not yet due and payable and subsequent years; that certain Mortgage and Security
Agreement from Grantor, in favor of Great Florida Bank ("Mortgagee") dated October 27, 2004, recorded November 24,
2004, in Official Records Book 22852 at Page 550, of the Public Records of Miami -Dade County, Florida, as further
modified by that certain Modification of Mortgage, Notice of Future Advance and Spreader Agreement dated January 28,
2005, recorded March 15, 2005 in Official Records Book 23168, Page 1715, as further modified by Modification of
Mortgage and Extension Agreement dated January 28, 2007, recorded February 26, 2007 in Official Records Book 25397,
Page 1530, as further modified by that certain Third Modification of Note and Mortgage and Extension Agreement
effectively dated January 28, 2009, recorded March 17, 2009 in Official Records Book 26790, Page 1218, as further modified
by that Fourth Modification of Note and Mortgage Extension Agreement effectively dated January 28, 2009, recorded April
7, 2009 in Official Records Book 26819, Page 1939, as further modified by that certain Mortgage Modification Agreement
dated substantially concurrently herewith, as the same may have heretofore been, or may hereafter be, modified or amended;
and covenants, conditions, restrictions, easements, reservations and limitations of record as of the date hereof.
To Have and to Hold, the same in fee simple forever.
And the Grantor hereby covenants with said grantee that the Grantor is lawfully seized of said land in fee simple; that the
Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to
said land and will defend the same against the lawful claims of all persons, including, without limitation, any tenant or other
person purporting to have a leasehold interest or any right to otherwise occupy any portion of the property, claiming by,
through or under Grantors.
Page 1 of 5
Book27502/Page3186 CFN#20100799044 Page 1 of 5
In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in the presence of: A & S Design District Develop ► t, LLC, a Florida limited
liability co
By:
Nam . Scott Podolsky
Its:
Page 2 of 5
Book27502/Page3187 CFN#20100799044 Page 2 of 5
STATE OF F Z.d(//�R )
COUNTY OF HieW/-,c�f%� )
I HEREBY CERTIFY that the foregoing instrument was acknowledged before
2010, by SCOTT PODOLSKY as Manager of A&S DESIGN DEVELOPMENT
on behalf of the Company. He is o personally known to me or o has produce
identification.
• IL"�� /
r n JENN IFER LEVIN
Wiry
, ry Mao • State of Floc* f
�l•� My Corm Explru Jul 27, 2014 I
�ti.'.. Corr/minion # EE 4231
1 ,sIa iN Ttrs Wien! NIMlam '
Print Name:
NOTARY P
My Comm'
Page 3 of 5
C, a Flori
a ex-1
, State
xpires:
this /v day of November,
ited liability company,
er's license as
Book27502/Page3188 CFN#20100799044 Page 3 of 5
EXHIBIT "A"
PARCEL I:
Lots 1, 2, 3 & 4, Block 1 and Lots 1, 2, 13, 14, Block 2, of CENTRAL ADDITION TO BUENA VISTA,
according to the Plat thereof as recorded In Plat Book 3 at Page 191, of the Public Records of
Miaml-Dade County, Florida, less and except the following described property:
The West 15 feet of said Lots 1 & 2, Block 2; also less and except the following:
Beginning at the Northwest corner of Lot 1, Block 1, of CENTRAL ADDITION BUENA VISTA; thence
run South along the West line of said Lot 1 for a distance of 100 feet to the Southwest corner of
said Lot 1; thence run East along the South line of Lots 1, 2 and 3 of said Block 1 fora distance of
78 feet to the Southeast corner of said Lot 3; thence run North along the East fine of said Lot 3 for
a distance of 15 feet to a point; thence run West along a line 15 feet North of and parallel with the
South line of said Lot 3 and 2 for a distance of 43.03 feet to a point of curve; thence run along the
are of tangential curve to the right having a radius of 20 feet through a central angle of 89 degrees
54 minutes 30 seconds for an arc distance of 31.38 feet to a point of tangency on a line 15 feet
East of and parallel with the West line of said Lot 1; thence run North along a line 15 feet East of
and parallel with the West line of said Lot 1 for a distance of 65.03 feet to a point on the North line
of said Lot 1; thence run West along the North line of said Lot 1; thence run West along the North
line of said Lot 1 for a distance of 15 feet to the Point of Beginning and less the South 15 feet of
Lot 4, Block 1.
PARCEL II:
Lots 3, 4 and 12, Block 2, of CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof,
as recorded in Plat Book 3 at Page 191, less and except the following described property:
The West 15 feet of said Lots 3 and 4, also less and except that part of Lots 3 and 4, Block 2,
CENTRAL ADDITION TO BUENA VISTA, being more particularly described as follows:
Begin at the Northeast corner of said Lot 4; thence Southerly along the Easterly line of said Lots 3
and 4, a distance of 57.67 .feet; thence North 82 degrees 00 minutes 33 seconds West, a distance
of 87.46 feet to a point on the Westerly line of said Lot 4; thence Northerly along said Westerly
line, a distance of 44.77 feet to the Northwest corner of said Lot 4; thence Easterly along the
Northerly line of said Lot 4, a distance of 86.72 feet to the Point of Beginning.
Also less and except that part of the said Lot 12, Block 2, CENTRAL ADDITION TO BUENA VISTA,
being more particularly described as follows: Begin at the Northeast corner of said Lot 12; thence
Southerly along the Easterly line of said Lot 12, a distance of 21.93 feet; thence North 82 degrees
00 minutes 33 seconds West, a distance of 102.60 feet to a point on the Westerly line of said Lot
12, thence Northerly along said Westerly line; a distance of 9.67 feet to the Northwest corner of
said Lot 12, thence Easterly along the Northerly line of Lot 12, a distance of 101.70 feet to the
Point of Beginning.
And
Lots 5 and 6, Block 1 of "CENTRAL ADDITION TO BUENA VISTA", according to the Plat thereof, as
recorded in Plat Book 3 at Page 191, of the Public Records of Miami- Dade County, Florida, less the
South 15.00 feet for road right of way.
PARCEL III:
Page 4 of 5
Book27502/Page3189 CFN#20100799044 Page 4 of 5
OR BK 27 502 PG 3190
LAST PAGE
Lots 7 and 8, Block 1, CENTRAL ADDITION TO BUENA VISTA, according to the Plat thereof, as
recorded in Plat Book 3 at Page 191, of the Public Records of Miami -Dade County, Florida, Tess the
South 15.00 feet for road right of way.
And
Lots 1 and 2, Block 4, "CENTRAL ADDITION TO BUENA VISTA", according to the Plat thereof, as
recorded in Plat Book 3 at Page 191, of the Public Records of Miami -Dade County, Florida, less the
South 15.00 feet for road right of way,
Page 5 of 5
Book27502/Page3190 CFN#20100799044 Page 5 of 5
S
LOT 1
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(PER PLAT 800E $, PAGE 1Y1)
TRACT A
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PLAT BOOK 181, PAGE 78
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