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Home My WebLink AboutPZAB 1-16-13 Supporting DocsPZAB.4 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 06-006131u1 Quasi -Judicial Title: 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 FUTURE LAND USE MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] Applicant(s): Land Use: Purpose: Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC and the City of Miami, A Municipal Corporation 333 Avenue of the Americas Miami, FL 33131 (305) 579-0737 Restricted Commercial This will change the above property to "Public Parks and Recreation". Planning and Zoning Department Recommendation: Approval. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: Continued on October 3, 2012, October 17, 2012 and December 5, 2012. ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 1001 South Miami Avenue File ID 06-00613Iu1 REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Restricted Commercial" to "Public Parks and Recreation". (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 "Restricted Commercial" designation allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" (500 Dwelling Units per Acre within the Brickell Residential Density Increase Area) subject to the same limiting condi- tions and a finding by the Planning Director that the proposed site's proximity to other residen- tially zoned property makes it a logical extension or continuation of existing residential devel- opment 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, conven- tion facilities, places of worship, and primary and secondary schools. Also allowed are commer- cial 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 de- scribed above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commer- cial" 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 allows 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 pe- rimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, 1 columns and other features, and parking and loading areas, and excluding only open air corri- dors, porches, balconies and roof areas. The "Public Parks and Recreation" designation's primary intent is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints may cover no more than 25% of the park land area. Both passive and active recreational uses shall be permitted including but not limited to nature trails, interpretive centers, picnic areas, playgrounds, canoe trails and launches, small conces- sion stands, restrooms, gyms, swimming pools, athletic fields, cultural facilities, marine and ma- rina facilities and other facilities supporting passive and active recreational and cultural uses. Lands under this designation with specific qualities that make them desirable for commercial photography shall be allowed to be used in this manner conditionally, and only when it is deter- mined that conducting such commercial photography will not endanger significant environmen- tal features within the area. DISCUSSION The subject area consists of approximately 0.071 acres that make up the southernmost portion of a parcel that is located on the triangular block bounded by SE 10th Street to the north, S Miami Avenue to the west, SE 1st Avenue (Brickell Plaza) to the east, and approximately SE 12th Street to the south. The site and the surrounding areas are currently designated "Restricted Commercial" with an "Urban Central Business District" and "Brickell Residential Density Increase Area" overlay. The subject site is in the DOWNTOWN/BRICKELL NET area. ANALYSIS The Planning Department is recommending APPROVAL of the application as presented based on the following findings: • Policy PR-2.1.1 establishes that the City has a no -net -loss policy for public park land and will adopt procedures to this effect for park land in the City Zoning Ordinances, as described in the 2007 Parks and Public Spaces Master Plan. These will allow only recreation and cultural facilities to be built on park land, will limit building footprint on any such land, will require that conversion of park land for any other purposes be subject to public procedures, and replace the converted park land with land similar in park, recreation or conservation value in terms of usefulness and location. This amendment complies with this policy by converting approximately 0.071 acres to park land while a companion amendment seeks to convert only 0.069 acres of park land to "Restricted Commercial". 2 • Policy PR-1.1.2 states that the City will focus on park land acquisition according to the following priorities that emerged from community preferences during the 2007 Parks Master Plan process: land with water views and/or water access; land for "walk -to" parks, including neighborhood parks, in underserved areas of the City identified in Citywide and NET -area maps in the 2007 Parks Master Plan and any subsequent updates to these maps; land to expand destination and community parks; land for expansion or creation of linear park segments. Information on target priorities and target areas for new parks will be disseminated to all relevant City departments to enhance the potential for parkland acquisition in conjunction with infrastructure and other projects. Ideally, new parks should be at least one acre in size, but smaller areas may be suitable, depending on the surroundings and proposed uses. This park will provide more amenities and slightly more land than the one it is replacing on the northern edge of the parcel for this underserved neighborhood. • There are established residential condominiums with retail at the ground level surrounding the site. • The "Public Parks and Recreation" designation is compatible with residential and commercial uses of all densities and intensities. • MCNP Land Use Goal LU-1(1) encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods and (5) promotes the efficient use of land and minimizes land use conflicts. This amendment will enhance the quality of life to the surrounding neighborhoods by providing a park space that is more accessable than the current neighborhood park. • The 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. This Future Land Use amendment will maintain Parks and Open Space LOS requirements. • Because this proposal is reducing the potential for residential density to "0" dwelling units per acre, a school concurrency analysis is not required. • The Miami 21 zoning designation currently approved on the site is T6-48B-O — "Urban Core". The proposed designation is CS — "Civic Space". These findings support the position that the Future Land Use Map at this location and for this neighborhood should be changed. 3 FUTURE LAND USE MAP (EXISTING) :MeV A ublic Parks & Recreation /BUSINESS DISTRICT r URBAN CENTRAL ,15Azizzr 0 p Ar _Areer 4"4117741iTrdr- -, Air, / ArAr.i.... iiMir7r.wirreriorawasiiiriAniiiiiii116/ ev roj .c Restricted Ill 04 fOrrO0 Commercial Z.1.-icr • 41 i Ilr .. Ireffirlly •k* /C.) Major co cr rim it, AN, firblic Facilities Transp&Util -411' 74.. Are' -1dr 4rerer / I /.40,,. atP4, 110 00 Brickell RDIA P' 4 e il 0 11 0 A op, maldaiiairAmirApair. 1r.e.r:71,4r.__ dpurio„_ 9 -......„ 500 Mit lihtss 41' Air 0 150 300 1 t 1 1 600 Feet _ ADDRESS: 1001 S MIAMI AV FUTURE LAND USE MAP (PROPOSED) /�i ii .isr�r....s ilk%illror l//Y//�� itOr Restricted '-r7 Commercial /,�p� rjr.Ird. Major Inst,. Public Facilities Transp&Util 0 150 300 i 1 600 Feet I ADDRESS: 1001 S MIAMI AV 0 150 300 I 1 600 Feet I ADDRESS: 1001 S MIAMI AV Proposal No 06-006131u1 Date: 9/21/2012 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION Applicant Iris Escarra as attorney on behalf of Brickell Flat Iron LLC as applicai & City of Miami municipal company. Address: 1001 S MIAMI AV Boundary Streets: North: SE 11 ST East: South: SE 12 ST West: Proposed Change: From: Restricted Commercial To: Public Parks and Recreation Existing Designation, Maximum Land Use Intensity Residential 0.0700 acres @ 500 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FAR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.0700 acres @ 0 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 SE 1 AV S MIAMI AV 35 DU's 19 0 sq.ft. 0 DU's 0 0 sq.ft. 0 -90 -35 -19 DOWNTOWN 309 K1 218 BRICKELL AV 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) 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. Public Parks and Recreation: The primary intent of this land use classification is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints may cover no more than 25% of the park land area. Both passive and active recreational uses shall be permitted including but not limited to nature trails interpretive centers, picnic areas, playgrounds, canoe trails and launches, small concession stands, restrooms, gyms, swimming pools, athletic fields, cultural facilities, marine and marina facilities and other facilities supporting passive and active recreational and cultural uses. Lands under this designation with specific qualities that make them desirable for commercial photography shall be allowed to be used in this manner conditionally, and only when it is determined that conducting such commercial photography will not endanger significant environmental features within the area. CM_1_IN 03/13/9 CONCURRENCY ANALYSIS it RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff -90 -0.12 182.80 182.92 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff -90 -20,149 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents -90 Transmission Requirement, gpd -16,641 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff -90 -115 800 915 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff -90 -19 B B OK 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 owners expense. Recreation/Open Space acreage requirements are assumed with proposed change made. LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF TRACT 'A'; BRICKELL FLATIRON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 168 AT PAGE 64 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHEAST CORNER OF SAID TRACT 'A'; THENCE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT 'A', FOR A DISTANCE OF 441. 18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 128.93 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 4.00 FEET; THENCE ALONG SAID CURVE 'TO THE RIGHT FOR AND ARC DISTANCE OF 11.50 FEET THROUGH A CENTRAL ANGLE OF 164 DEGREES 46 MINUTES' 45 SECONDS TO A POINT OF TANGENCY; THENCE NORTH 00 MINUTES 13 MINUTES 15 SECONDS WEST, ALONG THE WEST LINE OF SAID TRACT 'A ", FOR A DISTANCE OF 123.36 FEET; THENCE NORTH 89 MINUTES 47 MINUTES 17 SECONDS EAST FOR A DISTANCE OF 41.71 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 3,100 SQUARE FEET. LYING AND BEING IN SECTION 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, NOTES 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N 15'00'00" E, ALONG THE MONUMENT . LINE OF S.E 1st AVENUE 2) ORDERED BY: REGENTS PARK INVESTMENTS 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. ��GsfZGIT£��£—_S/ZGAAL/2 . c A.LJCIO ilEi, Ina. LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 199607 PREPARED UNDER MY SUPERVISION: DATE: FEBRUARY 8, 2011 THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON SEC'Y & TREAS. CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS SHEET 3 OF 3 SHEETS „Kii ,LIHIHX2 o O . SKETCH TO ACCOMPANY LEGAL DESCRIPTION R/W MIAMI BLOCK 8116S, ( B - 4 1 ) D=164'46'45" R=4.00' A=11.50' h cNi N00' 13' 15 "W-350.00' NO0' 13' 15 "W-350. 00' PROPOSED PARK (3, 100 sq. ff.) t 4�,�,oEo $ jL, -=_`N1S OO 00 e M9P °'� BR/ LL pL �' N>,5.00 • ` 92� 20' el °cK 00 c- '4DD,//O �2`cj oo E ` 92S �O`� N`• r B 7 T Tye r,3) MA,6°c--- a LINE I M/4,i,7\�` MENf ��v` R/W SOUTH MIAMI AVENUE NO0' 13' 15 "W-575.76' WEST LINE OF TRACT 'A" TRACT "A" BR/CKELL FLATIRON (P. B. 168, PG. 64) LINE LEGEND: - --t - DENOTES CENTE -- - DENOTES AIONU P.R. DENOTES PLAT BOOK PC. DENOTES PAGE R DENOTES RADIUS D DENOTES CENTRAL ANGLE OR DELTA A DENOTES ARC DISTANCE h' `�S�000 7;9407 q S' '° 001.1�47 r870. if -Ve/iG1TEA E-c.$/22J L'2 /E.S, /.2n LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No. (954)438-3288 ORDER NO. 199607 PREPARED UNDER MY SUPERVISION: DATE: FEBRUARY 8, 2011 THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON SEC'Y & TREAS. CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS P.O.C. THE MOST NORTHEAST CORNER OF TRACT "A" NORTH SCALE 1"=40' SHEET 2 OF 3 SHEETS S89'57'05'E-71 I ' ‘42 ' b '.4..1.- i • AI ,.. , • ...Mii atitt i ;#:::;.41, `'ION.Z._ RALk, ` L -Z..;.--4.4..--Np-% 'F' l) 440A110A. /A. .0- . ' / 0 $ ' -_ ' 4 ,I tit• . . . 'IP= All k 7, •,1 41• x"v74. 1501.i1'4 4 il. '-"_sa- ; 11"0•" 1d.tt,- ''"e• '. ,. _.. -'0/• r•etk lir Ilir ii Ai,r _ r --- 1., at .tl. ..411i Alik 40‘ 41.. .,.. A \ is, \ 41,01 t 4 '44114, .• \ r, 4. ij,144, AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Iris Escarrra 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. Iris Escarra, Esq. Applicant(s) Name A'pplicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this /(7 day of j,14, _ 20 /0 , by Iris Escarra, Esq. _ 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) MIA 181,129,250v1 3-22-10 If )L R. GQN2 Lk7L at Notary Public - State of Florida Iz.My Commis! ion Expires Sep 17, 2010 Comm ssion # DD 553129 Bonded By National Notary Assn. Rev. 12-16-08 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) Brickell Flatiron, LLC Percentage of Ownership 100% See attached Exhibit "B' Subject Property Address(es) approx. 1001 S. Miami Avenue, 1015 S. Miami Avenue, 1023 S. Miami Avenue, 1101 S. Miami Avenue. 1121 S. Miami Avenue and 20 SE 10 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): none #4/,c1411b&Acik- Owner(s) or Attorney Name Legal Description(s): Own Attorney Signature STATE OF FLORIDA — COUNTY OF MIAMI-DADE � The foregoing was acknowledged before me this c29n " day of ( L 20 / 0 , by M19-L M LJ K k�R 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 wh. • id (did not) take an oath. (Stamp) Signat ru e 4t ry Public Sta e o t- onda V R Davis ir My Commission DD586727 n° Expires 08/20/2010 MIA 181,129,250v1 3-22-10 Rev. 12-16-08 r. lJ Exhibit "A" LEGAL DESCRIPTION rgACr A. BRICKELL FLATIRON, ACCORDING TO THE PLAr THEREOtr, AS RECORDED IN PUT BOOK PUBLIC RECORDS OF ULUil—DADE COUNTY, FLORIDA, TOCE7HER WITH LOT I, BLOCK 7J, SOUTH CITY OF ANALI, ACCORDING TO WE PLAT THEREOF RECORDED IN PLAT BOOK - R. AT PAGE sl OF TIE PUBLIC RECORDS OF LADE COUNTY, FLORIDA. 168, PAGE 64, OF LESS AND EXCEPTING THEREFROM THE SOTUN 14 httI AND THE WEST 64.14 FEET TN0;6E0F. CONTAIMNG AN AREA OF J,000 SOWRE FEET, LORE OR T Fss ALL LYING AHD BEING' IN SECTION J9, TOWNSHIP 54 SOUTH, RANGE Al EAST, CITY OF MIALI, LL1Ll—DADE COUNTY, fl Ownership Structure Brickell Flat Iron LLC Brickell Flat Iron, LLC Brickell Investment Corp. 90% CVS Investments Limited 100% Carlo Salvi 100% Regents Park Equity LLC 10% Mallory Kauderer 100% „Ef„ lICHTIXA frt Prepared by: Alfred I. Hopkins, Esq. Pertnoy, Solowsky & Allen, P.A. 150 W. Flagler Street, Suite 2000 Miami, Florida 33130 Tax Folio Nos.: 01-0207-030-1020, 01-0207-030-1030, 01-0208-070-1010, 01-0208-070-1020 Record and Return To: Chava E. Genet, Esq. Steams Weaver Miller, etaL 150 West Flagler Street, Suite 2200 Miami, Florida 33130 WARRANTY DEED 111111111111111111111111111111111111111111111 CFHI 2005R0223859 OR Bk .2.314E F'9s 2108 - 2109e (2pss'' RECORDED 03/07/2005 16:00:54 DEED DOC: TAX S4,000.00 SURTAX 63,000.00 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA r THIS WARRANTY DEED made this day of March, 2005, between MIAMI FLATIRON PARTNERS, LLC, a Florida limited liability company ("Grantor"), the post office address of which is 1000 Brickel! Ave., #710, Miami, Florida 33131 and BRICKELL FLATIRON LLC, a Delaware limited liability company ("Grantee"), the post office address of which is 5700 Collins Avenue, Suite 16M, Miami Beach, Florida 33140: WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to Grantee, his successors and assigns forever, those certain parcels of real property situate in Miami -Dade County, Florida and described as follows: Lots 3, 4, 5 and 6, in Block 73, SOUTH, MAP OF MIAMI, according to the plat thereof recorded in Plat Book B at Page 41 of the Public Records of Miami -Dade County, Florida; and All of Block 87, SOUTH, LESS the West Five Feet thereof, MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book B, Page 41, Public Records of Miami -Dade County, Florida. Also described as: All of Block 87, less the West Five Feet thereof, of SOUTH CITY OF MIAMI, according to the Plat thereof recorded in Plat Book "B", at Page 41, of the Public Records of Miami -Dade County, Florida; together with all of the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, to have and to hold the same in fee simple forever. Grantor hereby represents unto Grantee that Grantor is lawfully seized of said land in fee simple, and that Grantor has good right and lawful authority to sell and convey said land; and Grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, subject, however, to the following: Book23143/Page2108 CFN#20050223859 Page 1 of 2 t7 E? k. 23143 PG 2 109 LAST PAIGE 1. Real property taxes for the year 2005 and subsequent years; and 2. Restrictions, dedications and easements as shown on the Plat of Map of Miami, recorded in Plat Book B at Page 41 of the Public Records of Miami -Dade County, Florida. IN WITNESS WHEREOF, this Warranty Deed has been executed the day and year first above written. Signed, sealed and delivered in the presence of: Florida limited liability company (Printed name of witnes) T Y (Printed name of witrfoss) STATE OF FLORIDA COUNTY OF MIAMI-DADE MIAMI FLATIRON PARTNERS, LLC, a By: JAOWSKY, Manager ACKNOWLEDGMENT The foregoing Warranty Deed was acknowledged before me this 3 r day of March, 2005, by Jay Solowsky, as Manager of MIAMI FLATIRON PARTNERS, LLC, above, on behalf of the limited liability company, who : Zis personally known to me; or produced for identifi9ation Florida Driver's License No. NOTARY PUBLIC, State of Florida Print Name: Commission expires: M;\Maln\ Iatlron\Deed - b.wpd PATRICIA L MOORE 7,1 MY COMMISSION R DD 378512 2, 2008 :•-'►4.f Boda� Decry Ptiplb Book23143/Page2109 CFN#20050223859 Page 2 of 2 CITY OFMIAMI .4,..,�, ,;,,,�Id DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO `�•�� J.6 ` 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: HOME ADDRESS: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) CITY: STATE: Florida ZIP: HOME PHONE: CELL PHONE: FAX: EMAIL: BUSSINESS or APPLICANT or ENTITY NAME Brickell Flatiron LLC BUSINESS ADDRESS: 300 NE 71 st Street (Address Line 1) Miami, Florida 33138 (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. Approval of a substantial amendment to the previously approved Brickell Flatiron MUSP. 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. )oc. 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. ~- 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 expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Signature / Print Name 4-� t7 (/ Sworn to and subscribed before me this 9a day of , 2001) . The foregoing instrument was acknowledged before me by M A t L h 4 /t&eR Eat , who has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION 1 / Notary EXPIRES: Df7✓1.P k' - /qp ' Florida Pant Name Enclosure(s) Doc. No.:86543 : trey Public Mato of 2� �. V R Davis Q My Commission DD586727 �9 ,eo - Fxnires 08/20/2010 Pa e 2 23 RCP.19 \ �` PARCRL AA SUBJECT PROPERTY �, xi -q I am' 186 } GRAPHIC 8CALE -( 74 ` 1 5� f , i ism. r MIAMI .�., F' NORTH now w I a J Ifi 30 ai �T B— 4 1 l MIAMI Hwy ON �n MIAMI R I I za ( B — I 4 1) I Ill I arxxai-3a Fr ( B — 4 1 ) t Lj , V] I 23 A RAW__-___—___J Ye I i �___—A/Ly_—__—__—__y___� NAV-TD —__,� I, ll�L --"-- NOVIr14p_i9R29'------------%-- - �'--------------M--R _'-----Ngvu_13W-350.0o-------- S.--' —--• jiIAMI ----- _ _—AVENUE_— ----- acrrl5w_as0.o5--t-_ kate,,,,%�_ —_—€ 19J99 — —FLAG MAG NIL __77„—Jan___—_—_a41. _—_—_—E_ P.cP �ie� ceN ___—_—_. _—HaaJsaar n.r Y t�,N° P.GP le 11 gnu :� �': AS SI: ., (RS 8 8°I AMENDED MAP ` I LOCATION MAP PORTON DE SE=JrY iO r/ 551 S. WOE 11 E. scec wD• NOTES: 11 ariswvot E larriNe T1 , LINFSO ra T. A r LEGS DESCRIPTION SHOWN HEREON WAS PRONGED BY THIS N. 5) INC AREA OF PROPERrc AS SHOWN HERON Ala) SOU.AOE rtrr. A oEislorol wirpl orro, THIS FIRM HAs Bar 577009r0U To Lours Foor5cs 5) PREPARED FOR REGENTS PARK 14B[STNENTS 0) TIR A r An! ar£NO raSAxY uNMBrMMFO PANmNFo MRFON. r) pa-F. R -rw.. n g NOWT FC0ii4 LVOM.AP Mrro AOv9 AAO AF-iO 0) B£ENrNA4E TD LOUTE C SIWINEMON. HOWEVER, NO ATTENPF HAS 9) a 5OMERmsE0051A� OF SUBRRE CI PROP., ARECORD AND/OR NEASURED uNLC5 10) DFSLEL [a a% As GPCNTOF mrrw IN; SUTBJ<[I UNOSY °07 WOULD BE I HEREBY CERTIFY: THAT THIS 6DUNMRLISURI:EY" OF THE PROPERTY DESCRIBED HEREON 15 TRUE AND CORRECT TO THE HEST OF MY KNOWLEDGE ARO BELIEF AS RECENTLY SURVEYED AND DRAWN UNDER MY SUPER/510N AND DIRECTION. THIS SURVEY COMPLIES WITH THE MINVRLY TECHNICAL STANDARDS ADOPTED BY THE FLORIDA STATE BOARD OF SURVEYORS AND MAPPERS PURSUANT TO CHAPTER 5G-12,, FLORIDA ADMINISTRATIVE CODE. E61E-JF .5 Fi " Sa40L0110. SR 07471/9 - r, ,I suRv£YOR /any STATE N This is a "Boundary Survey" _ OF BR1CK1;,1 3 - _ I ( B ADDITlo I I )IP TO 2,11 W Lig" 7 NOT A PART LP. TRACT'A• CERTIFICATE OF AUTHORIZATION No. LB-87 nom, AUTHENTIC COPIES THIS DRAINING RILL E THE RSED DE SEAL DE THE ATTESTING PWORSSIONAL IRO SURVEYOR OR PROFESSIONAL ENGINEER. E bAP on MIAMI / - 0 LEGAL DESCRIPTION A PORRON OF TRACT •A'. BRICKED MTINOR ACCORDNG TO InE PLAT THEREOF AS RECORDED IN IAA,' HOOK B AF PAGE 51 Or THE PUBLIC RECOR05 Or Hume -GAGE COUNTY. TIONNIE MORE PAROCWARLY OESCRIHCD AS FOLLOWS oNAKNCE Oi THE HOST NORTHEAST CORM. Of SAID TRACT M: THENCE SOUTH 15 DECREES 00 MUTES 00 SECONDS WEST. ALONG THE EAST LANE OF SILO TRACT LAI FOR A saw. OF 415 RE 1.1T TO THE POINT OF BEOMNINO; THENCE CONTINUE $GUM IS MOWS OD MUTES 00 SECONDS REST FORA DISTANCE OF 129.93 FELT To A PONT M OF CURVATURE WITH A CIRCULAR CURVE LONGUE I HAVING M AND A RADIUS Or I.OD Mr; A r 0.55 IOf SO tt MNSN 1;,747I TAai.%rMN TH ii.£ SET 1HROLCN A EMR i L ;Of SECONDS WESTM ONO THE WEST LINE OF SAID TRACT C'o FOR ] DISTANCE OF 113..15 FEET; THENCE NORM 59 OF LAND TES c7 15 ND 91oSECONDS EASTFORA I THE PONT Or BOINNIM. D PARCEL LYING AND BEING IN SECTION J9. TOWNSHIP 51 SOUTH, RANGE 11 GST, CITY OF AIWA AWN-DADE COUNTY INGRESS HE xORESS EASEMENT an¢ / Zl�.ry- ea ; pARI yONc 1 1 3') 'S Q NO I, GAR Gg E N~ @S 1500 1600 • ._ ROO 2 METROMOVER EASEMENT ITT DS Mm W 23 �� Yr • CI�I.._ p .. O r g l9 R W 113 lS11 LEGEND: sR.N. DENOTES SOW( MT anOrn aISras ann.'s MOTES cur wR 84 anaa morn were HN DENarrS WATER NETER 1J OEM. FOE NrONM IN RNDrts Wen eAs ® aNOTEl sToRy LwMxMO[ wyraE WER MANHOLE 0 a n�I,.toe wow. EN 03 DENOTES DEL AN B DENIM MINING NETER 0) 00D113 L0INIA4GRON NAN1«F - DEMOTES 054000TE Van' Par —1— DENOTES atom LNE 004725 RADIOS LR DEM. DEM Of CUM OOMS ,DUN 0.7TES R. MAC N A D. MOTES X. AND 015L NEW O GP R0 E allnr:MOTES TREE AIMMTDEM *MCP 1=1 MOILS EAOI05 "WOVE oDEHOas En01NG ASP., REVISIONS Date Ord.Na Remarks Dy BOUNDARY, _ URVE-'Y A PORTION OF TRACT "Al BRICKELL FLATIRON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 168 AT PAGE 64 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA ALL LYING AND BEING /N SECTION 39, TOWNSHIP 59 SOUTH, RANEE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA SCIEUTEfl2E-,-,SIILs/ilz e�ssoeiaEEs, gna. LAND PLANNERS BASIN NH - SURVEYORS 9210 CORPORATEY MA FLURIBA 990E5 TEL: (05149570t0 FAX: 0151)430-3288 By 0r.m 9P: 1.09 Bale: 0B/1e/I2 Med. 9T. Mal. Sete m/10/I2 ReSbL.IxE Lane Surveyor No.— Slat 1 PIeALA Ree.leeee L'nolnae N0 skate nE FI.NSa Enloe No. SMOOT Po Ir mew. AS-4341 E 00000 xa. 1 er L 9ne0U