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HomeMy WebLinkAboutPZAB 1-16-13 Supporting DocsPZAB.2 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 06-006131u 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 DESIGNATION OF ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "RESTRICTED COMMERCIAL" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 20 SE 10th Street [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 Public Parks and Recreation This will change the above property to "Restricted Commercial". 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 20 Southeast 10th Street File ID 06-006131u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Public Parks and Recreation" 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 "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. 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, columns and other features, and parking and loading areas, and excluding only open air corri- dors, porches, balconies and roof areas. DISCUSSION The subject area consists of approximately 0.069 acres that make up the northeastern 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 since a companion amendment protects approximately 0.071 acres of park land on the same block while this amendment converts only 0.069 acres to "Restricted Commercial". 2 • 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. This amendment will allow for a more efficient use of the parcel thus allowing for greater development potential within the downtown area and encourage downtown's growth as a regional center of domestic and international commerce, culture and entertainment. The area is surrounded by high intensity development so there will be no land use conflicts. The land is well served by infrastructure and would serve more efficiently if it permitted higher densities. • MCNP Objective LU-1.4 states that the City will 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. This amendment will increase the potential to develop an urban residential base and expand the role of Downtown as an international commerce center by making the development of the site more efficient. • 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 area is directly served by the City of Miami Biscayne Brickell Trolley Route, 4 Metrobus routes, and the Brickell Key Shuttle. It is in close proximity to the Brickell Metrorail, Metromover, and Bus Transfer Stations. The area is therefore very well served by public transportation. • MCNP 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. The entire subject area is located within the Urban Central Business District and is therefore appropriate for very high densities. 3 • MCNP Policy TR-1.1.1 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 TR-1.1.3 of the Transportation Element of the MCNP. (See Land Use Policy LU-1.1.11.) The subject area is located within the Urban Infill Area/Transportation Concurrency Exception Area. The subject site is located in downtown area and the redevelopment, concentration and intensification of development will be encouraged by this amendment. The site is served by public transportation and can support very high densities. • Goal 11 of the Strategic Regional Policy Plan for South Florida states to encourage and support the implementation of development proposals that conserve the Region's natural resources, rural and agricultural lands, green infrastructure and: utilize existing and planned infrastructure where most appropriate in urban areas; enhance the utilization of regional transportation systems; incorporate mixed -land use developments; recycle existing developed sites; and provide for the preservation of historic sites. This change is consistent with this goal and related policies. • 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 LOS requirements. • The Miami 21 zoning designation currently approved for the site is CS — "Civic Space". The proposed designation is T6-48B-O — "Urban Core". These findings support the position that the Future Land Use Map at this location and for this neighborhood should be changed. 4 FUTURE LAND USE MAP (EXISTING) Major Inst, ublic Fac, ransp And Utilities 0 150 300 i 1 orvrA d -4).01„ A Ill W%� Public /�/%' Recreation 'irirrr��i TWA rQ.....1...11 on�w 600 Feet ADDRESS: 20 SE 10 ST FUTURE LAND USE MAP (PROPOSED) g4' 414,0 ;1V44p 117° A A //y, rem,y Restricted j j/� �� %� Public ' Parks and A 0, /1 Recreation Ar` i. .47‘.:771TIT47.‘"TC:471/ ,er /r �isirii-iiririr .rnAP""AWiY; 1� Major Inst, Public Fac, Transp And Utilities 0 150 300 � I 600 Feet ADDRESS: 20 SE 10 ST 0 150 300 600 Feet ADDRESS: 20 SE 10 STREET Proposal No 06-006131u 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 CONCURRENCY ANALYSIS Applicant Iris Escarra as attorney on behalf of Brickell Flat Iron LLC as applica & City of Miami municipal company. Address: 20 SE 10 ST Boundary Streets: North: SE 10 ST East: South: SE 11 ST West: Proposed Change: From: Public Parks and Recreation To: Restricted Commercial Existing 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 Proposed 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 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 0 DU's 0 0 sq.ft. 35 DU's 19 0 sq.ft. 0 90 35 19 DOWNTOWN 309 K1 218 BRICKELL AV nt RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 90 0.12 182.80 182.68 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 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 90 115 800 685 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 90 19 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. HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.miamigov.com/hearing boards Planning Designee Initial & Date bG-t���vl3lu� AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us at the number above, should you have any questions. The deadline to file the complete application with supporting documents is the first five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, at 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. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the application shall have been completed. 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'A xl1") or other materials submitted during this process will be kept as part of the record. 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. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed and dated by the Planning Department designee. Rev. 12-16-08 MIA 181,220,884v1 5-13-10 P.i_ Please refer to Section 62-32 of the Miami City Code for Comprehensive Plan information. 1. Applicant name(s): Iris V. Escarra, as attorney on behalf of Brickell Flatiron LLC as applicant and City of Miami, a municipal corporation 2. Subject property address(es) and folio number(s): approx. 20 SE 10 Street - Folio No. 01- 0207-030-1011 3. Current designation: Parks and Recreation 4. Future designation: Restricted Commercial 5. Has the designation of this property been changed in the last year? If so, when? No 6. 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? 7. Obtain signature or initial and date by the Planning Department designee prior to submittal. 8. Two (2) 11x17" original and one (1) 8 '/s x 11 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. The subject property(ies) cannot have any open code enforcement/lien violations. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. At least two photographs showing the entire property showing land and improvements. 12. 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. 13. 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. 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 (page 4 of the attached packet). 16. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). 17. 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. 18. What is the acreage of the project/property site? approx. 0.06 acres 2 Rev. 12-16-08 MIA 181,220,884v1 5-13-10 19. What is the purpose of this application/nature of proposed use? Change of comprehensive plan designation from Recreation to Restricted Commercial. See attached Exhibit "C". 20. 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 21. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. No 22. 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, Transportation/Utilities d. Commercial/Restricted, Commercial/General and Industrial e. Central Business District (CBD) f. Surcharge for advertising each item Public hearing and 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 fof a crtified check, cashier's check, or money order. Signatur Name Iris V. Escarra Address 1221 Brickell Avenue Miami, Florida 33131 Telephone 305-579-0737 E-mail escarrai(cr�gtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this l`1� /// day of 20 QC9 , by Iris Escarra 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 diq id not) take an oath. (Stamp) MARIEe Notary Public - State of Florida • My Commission Expires Sep 17,2010 Commission # DD 553129 ,, Bonded By National Notary Assn. MIA 181,220,884v1 5-13-10 Rev. 12-16-08 0 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 0 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 /1 STATE OF FLORIDA -- COUNTY OF MIAMI-DADS The foregoing,was acknowledged before me this 7 day of "-)W 20 /0 byIris Escarra, Esq. q _ 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 di I (did ot) take an oath. L) (Stamp) MIA 181,129,250v1 3-22-10 .. ia-q-eW �t re �l Notary Public - State of Florida My Cornrnist ion Expires Sep 17, 2010 Comm ssion # DD 553129 Bonded 3' National Notary Assn. Rev. 12-16-08 c DISCLOSURE OF OWNERSHIP 3. 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) City of 'Miami Dept of P & D Asset ManagementDivision Percentage of Ownership Subject Property Address(es) approx. 20 SE 10 Street 4. List all street address(es) and legal description(s) of any property located within 500 feet ofthe subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): 1000 t b «l ia.rnt A v-e. Legal Description(s): Fa✓f1mn es6 tcrt57f s �r6'B—� ( I.5 65Id5r 1i 2f3 5j*.7q pB -4I Owner(s) or Attorney Name /(7V Owner(s) or Attorney Signture 6,/ STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before,+me thisI 1 day of 20 [6. , by ` ,, Esp fj who is a(n) individual/partner/agent/corporation of C� ag 4) \Acnv.\ a(n) individual/partnership/corporation. FfefShe iscL erso Willy krlown-to me or who has produced as identification and who did (did not) take an oath. (Stamp) DON EwwrriA �ti�Qlllf(p/�i o, rp �, Comm# DDO8g6662 . , xoiree 6/18/2011 •e, -iFPV 35,Florida No c feem••ea avassWepneuenees9eameneee o an e'® MIA 181,129,250vi 3.22-10 Cthy of 4liami May 19, 2010 Iris Escarra, Esq. Greenberg Traurig 1221 Brickell Avenue Miami, FL 33131 Re: Inclusion of Allen Morris Park located at 20 SE loth Street in application for Substantial Amendment to Brickell Flatiron Major Use Special Permit. Dear Ms. Escarra: CARLOS A. MIGOYA City Manager Please accept the following as the City of Miami's consent and limited power of attorney to join in an application for a Substantial Amendment to the Brickell Flatiron Major Use Special Permit including the City of Miami property located at 20 SE 10th Street. This consent and limited power of attorney is conditioned on the following: 1. That the property located at 20 SE 10th Street and currently used as a public park shall remain to be used as an open public park on the ground floor as depicted in the proposed plans and pursuit to its deed restriction; and 2. That a written consent from the original grantor in the conveyance to the City of Miami be submitted prior to any hearing on this matter; and 3. That the City of Miami reserves the right to withdraw its consent described herein at any time. 4. This MUSP application submittal shall not be considered a recommendation to change the use of the property located at 20 SE 10th Street known as Alien Morris Park. The fees for your services are being paid by Brickell Flatiron, LLC and the City is not responsible for your fees. incerel Madeline Valdes Director MIA 181,228,075v1 5-19-10 DEPARTMENT OF PUBLIC FACILITIES / Asset Management 444 S.W. 2nd Avenue, 3rd Floor, Miami, Florida 33130 / (305) 416-1450 / Fax: (305) 416-2156 14K21S956' '74 DEC I l All I I 01 IEc 8854 P WARRANTY DEED 5B THIS WARRANTY DEED made and executed the i .''' day of ,/l/„ae't•i/.'/..•r•r A.D. 1074 by 1000 BRICKELL, INC. a corporation existing under the laws of the State of Florida, and having its principal place of business at 1000 Brickell Avenue, Miami, Florida, hereinafter called the grantor, to CITY. OF MIAMI, a Municipal corporation, whose post office address is Post Office Box 708, Coconut Grove, Florida, hereinafter called the grantee: (Wherever 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) WITNESSETH: That the grantor, for and in consideration of the sum of $10. 00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell. alien, remise, release, convey and confirm unto the grantee, all that certain land situate in Dade County, Florida, viz: A portion of Lots 7 and 8, Block 72 South, CITY OF MIAMI, according to the plat thereof recorded in Plat Book "11" al Page 41 of the Public Records of Dade County, Fliu•icia, being particularly des- cribed as follows: 13egin at the Southeast corner of said Lot 7; then run Northeasterly along the Southeasterly boundary of said Lots 7 and 8 a distance Of 103.66 feet to the most Easterly corner of said Lot 8; thence run west -Fay along fhF Norfh boundary of said Lot 8 a distance of 103.51 feet to a point, said point being 109. 56 feet East of the West boundary of said Block 72 South; thence run Southerly over and across said Lots 7 and 8 along a line parallel to the West boundary of said 13lock 72 South a distance - of 100.09 fret to the point of intersection with the South boundary of said Lot 7; thence run Easterly along the South boundary of said Lot-7-a distance of 76. 28 feet to the Point of Beginning, containing an • area of 0, 000 square feet, more or less, anti: Lot 1, Block 73, SOUTH CITY OF MIAMI, according to the plat thereof•rccorded in Plat Book "B11 at Page 41 of the Public Records of Dade County, Florida, LESS AND EXCEPTING; T1IEItEFROM the South 14 feet and the West 114. 14 feet thereof. Containing an Area of 3, 000 square feet, more or less. 073693 SUBJECT TO: All conditions, restrictions, limitations, easements uncl zoning ordinances of record and taxes for the year 1073 and thereafter. TOGETHER with all the tenements, hereditaments and appurtenances thereto -belonging or in anywise appertaining, 'rC) HAVE AND TO I-IOLD, the same in fee simple forever; provided, however, that If any part of the property herein conveyed shall ever be used for any purpose other than public park purposes, the estate hereby granted RED 8854 PG 563 -2- to the grantee shalt automatically and immediately terminate, and all right, title and interest ie and to such property shall thereupon revert tot the grantor. AND the grantor hereby covenants with said grantee that It is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whom— soever; and that said land is free of all encumbrances. i U (Qaorpotatle •,seal ) C0- . �. ',, . ' 111 \ ::'. A'f'fEST; i i..�' j 5i:cry IN WITNESS WtIEREOF the grantor has caused . these presents to he executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written._ Signed, sealed and delivered in t le presenc By: STATE; Ole FLORIDA ) COUNTY Ol l.)AI)I•; ) 1000 HR ICKE LL, INC. • ' Vier-PrcsirIent , IIWIID/t Ir OnVIIL turfs Mtd t/ IM04 pn,•r, r, ILORIOL wm/0 ell11II3 RICHAa: r 1'.111tINKERL ClUN4 CINI.UII CUURI . 1 HEREBY ('E.R'.1•IFY that on this day, before me,. an officer duly authorized in the State anal County aforesaid to take acknowledgments, personally appeared ,TAMES V. BC)YETT, JR. and DILL L. SPENCER, well known to me to he the Vice -President artd Secretary respectively of the corporation named as grantor in the foregoing deed, and that they severally acknowledged executing the same in the presence of two sub- scribing witnesses freely and voluntarily under authority cluly vested in them by said corporation and that the seal affixed thereto Is the true corporate seal of said corporation, said WITNESS my hand and official seal in the County and State last afore - this / day of >7,.0., [h.J, A. I). 1074. • µ�111{II IIIU„ll • U ,1H'/ rUOVC. SIATL•ef IIOIIIIIA pi CAM ; ,J, 1 r., MY CC.!,!ISSION L ANUS AI'RIL t'.', I9'I ' 0 a '. UI•frinll 11114 r,r,nelrl 111.1.111. Uf1d,1111r1 •• 4-..•(, � •ly• .' fr f1/11111 /, 1111,, This Instrument prepared by: Douglas D. Batchelor, Esquire 2550 First Federal Building 1 S. E. 3rd Avenue Miami, Florida 33131 .r U . // • 0 A portion of Lots 7 and Slack 72 South,. CITY OF MIAMI. mecordhig to tbe plot 'thereof recorded in Plat Una "13" at Page 41 of the Public Records of Dade County, Ploritia, being partiottiorly des- cribed as follows; liegin at the Southeast coirnerof. said Lot?; then run North:easterly along the Southeasterly bounda.ry or said Lots 7 and fla distance tkil 103,66 root to the roost Easterly corner of said Lot th thence rtm westotly aft.TriSWITffiti boundary Ot *lurid Lot distance or 1 03.51 feet to a point, said point being 109. 56 feet Nast of the 'West boundary of saki Mock 72 South; thtinee run Southerly otter and across said I..ote 7 and Ralong a lino parallel to the 'West boundary of said Block 7 South a distance. of 100.09 feet to the point of intersection with the South boundary a said Lot 7: thence run Eastoi!ly along the South boundary of mid Lot.'7-tt distance of 76. 26 it to the Point of Region:Leg* containing no area of !). 000 square lee more or WSW* and; Lot t, Mock 73,0 SouTii CITY OP MIAMI, ;moot -ding to the plat thereof -recorded in Plitt Brint "B" Page 41 of the Public Records of Dade County, totorida, r , ,, City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Brickell Flatiron, LLC Application Phone * (845) 661-5389 Application Email * christopherzangrilli©hotmail.com Application Address * 20 SE 10 Street Contact Fields Information Contact Name * Iris Escarra, Esq. Contact Phone * 305-579-0737 Contact Email * escarrai(gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email gaavQmiamigov.com Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-0207-030-1011 Additional Folio Number Total Acreage * a} bt7 Proposed Land Use/Zoning * Restricted Commercial Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * __ 35 Total # of Units * 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 * 77 Iris Escarra, Esquire Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ,/ pplicant Signature 4;42-1▪ 2▪ 1 20__ _, by Iris Escarra 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 a (Stamp) day of • Si nature 'pv''' P AR►SOL RODRIGUEZ .,� : Notary Public - State of Florida My Comm. Expires Sep 27 2014 Commission # EE 30092 CITY OFMLANII 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: HOME ADDRESS: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) CITY: STATE: Florida ZIP: HOME PHONE: CELL PHONE: FAX: EMAIL: BUSSLNESS 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? r 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. 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: "//signnature /f/f(k/-.P- cZ L��'"T/\ J Print Name nd Sworn to and subscribed before me this day of , 201/) . The foregoing instrument was acknowledged before me by MI ILI) 4 y Au��R EI , who has produced as identification and/or is personally known to me and who did/did not take an oath. ST1'h OF FLORIDA � l CITY IAMI Y OF MIAMI (,� MY COMMISSION Notary EXPIRES: X b R Dfi✓l. )7 - _ _- - of Florida Print Name Enc(osure(s) Doc. No.:86543 ,, P(� rlbtaiy Public ... _� �� V R Davis t My Commission DD586727 '� ,.o° Fxnires 0812012010 Pa e 2 MIAMI (B - 4 1 ) (14 AMENDED NORTH \� ��rhOkry 'CAP op FRIG � ADDl77 )13)N TO ?'1E LEGAL DESCRIPTION LOT 1. A> 73 SCMI mrr r INK Awwuw ID WE PLO MtRE x, n or eOM 11• Ae EMX 1E3 AND fXCPTAM MM*OM M SWIM SW14 RCI Ntl nt sT3P 6A14 e[e HEREOF. COMPIM6 MIAREA le IMO sOOme FUT YORE 4D LeSS ALL DAD AND BEM ev SECTOR 30 TMMEMP 34 SOXRM, RAMC 41 UST. ear or AM.,A Aw.-340r BO MY, NOTES. rl. �4mM�CA S'.u7'US vTr r' i a*DB AmlM AMR IMP E MOO Br Aar[ A ROM.R v nvm,' sox mow MAMA DI M Aov (TM A N O Gear MOW Mrm Ma MAIM Mr AMMO m (MR 55006 9 MOWS roe.amrrs*41 11 OX OM 011161(H ar MORRO MA0 IMP nm'a a.lR WIMP MOE 7 moor stow n.-Amn MIAMI Me aono ftrcom 05MIO 09-1111WOO AO -0a,.Mo t-ru 47 NSW 10:36vmars 3 xM ACM 706101 AO MIMIMS RYA Mr 10 MOT MIMIC MS uiat MOW, mrtn OMMem.vu rE:Sm rO AMMP6ARIZTA "c0.93.3 FPr ADO OF MY REF Moms I HEREBY C0RIOT: That this 'BOUMNRT SURVEY of the 400005t, eB>,3.a he.ee, B o,.e and 341.,E m (he 447E el , y Mewleeyc and 0.0,7 A newly suneyed and . • r l 07enGlen Ord *notion This sorry eanoffees with th. ovum Technical 57043*9, ..... te* try the nor. Slate .. . Surveyors ant Swan to awl*. 5G-t7, . .. Mm:n' hefi s CM. ALLAhL My* Stem b Johnson. F4775 Slots of MNr . }MI e A 'kends, Stara? COFFEE-41E OF AUMORRATION No. LB-B7 —NOT A PART lTRACT A • P-4444- SUBJECT PROPERTY LOCATION MAP ',ATM Of SITIAVI lOoloPoF 54 S. ROWE 41 REVISIONS MOO BIONO COPES A Br SUM rl BUR St WM BOC Of DI 3110r0 PIOPTIFEEL ,AO S M. OR P3PetrO YL CO M ui GRAPHIC SCALE 30 o I5 so e0 EaV \ ON FEET) 1 INCH - 30 FT (74. WAMI (B — 4 I ) —t--- MOO. NOT A PART\ TRACT A• 49.397 'p.a. 1.11 acres \ Rya • BOUNDARY SURVEY A PORTION OF LOT 1, BLOCK 73, SOUTH CITY OF MIAMI ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 41 BOTH OF THE PUBLIC RECORDS OF MIAMI-LADE COUNTY, FLORIDA ALL LYING AND BEING IN SECTION 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COMM; FLORIDA , (1Q LEGEND: Mon ODOM BOWS MT DOMIS MOM i Arme Siff mor tde ll rf MOM IVA mown ® MODS AIM elvt OD MIMS am. [wooer MMIS • 00101E5 SWAM MIDI IMMAX O DORM MCI MYR. eMOM MOM& SIMMS owMlle 4KMAu1M P:110,13 PS NMI WART -# aeo3 MOTS UM PPP ▪ OPDM Mal MR -o-ol—oo MOMS PIM Low MCA Amore warn Lot mom MMALIM DOOM NOM. MOM MOM rtimyna MAW DOVIES MC WAIN DOMIS MOM LP DOOM Mx PM • COME AMA MO CM n'3.. 4 mares AV TM. AMP mows MM. PPM, POMP PM PE APPP-, SG2�* (1 l2iSktl3 �l r�7 �1� nBmt� �nc. 5a40 CORPORA= M. 1135C0lf66t11a 1L: (161)450-VNI 7Yr (/N)ASI-Vat ej A.. D. Ilee.: 01.11/r CW IF DLL D. NAM Ma•IVN 14M B.w1A 6e _ sa. 11 MA M•aw•r.eZoOnos A. Bt. el Ifor. . Od. So 11MD m r wr nl. 3a AJ-4341 D in. I. SY se..l M.. 1 r 1 BOMA EXHIBIT "A" BRICKELL FLATIRON LEGAL DESCRIPTION LOT 1, BLOCK 73, SOUTH CITY OF M/AMI, ACCORDING TO THE PUT THEREOF RECORDED IN PLAT BOOK ?- AT PAGE 41 OF THE PUBLIC RECORDS OF CAOE COUNTY, FLORIDA_ LESS AND EXCEPTING THEREFROM THE SODUH 14 FEET ANO THE WEST 84.14 FEET THEREOF. CONTA/N/NG AN AREA OF J,000 SOUARE FEET, MORE OR LESS. ALL LYING AND BEING W SECTION J9, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, M14MI-LADE COUNTY, FLORIDA