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Home My WebLink AboutPZAB 3-20-13 Supporting DocsPZAB.1 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: 13-00077zc 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 THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-0" SUB -URBAN ZONE TO "T4- 0" GENERAL URBAN ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2701, 2721, 2751 SOUTHWEST 28TH AVENUE AND 2740 SOUTHWEST 27TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 2701, 2721, 2751 SW 28th Avenue and 2740 SW 27th Court [Commissioner Marc David Sarnoff - District 2] Applicant(s): Ines Marrero-Priegues, Esquire, on behalf of Landaq, Inc and Grove Bluff, LLC 701 Brickell Avenue, Suite 3000 Miami FL 33131 (305) 789-7776 Zoning: T3-0 Sub -Urban Zone Purpose: This will change the existing zoning classification from "T3-0" to "T4-0". Planning and Zoning Department Recommendation: Approval. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: Continued on March 6, 2013. ANALYSIS FOR ZONING CHANGE Approximately 2701, 2721, and 2751 SW 28th Avenue, and 2740 SW 27th Court. FILE NO 13-00077zc Pursuant to Article 5 of Ordinance 13114, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: Application requests: A change to the existing zoning classifications of the acreage described herein of selected real properties located approximately 2701, 2721, and 2751 SW 28th Avenue, Miami, Florida from "T3-0" Sub -Urban — Open Transect Zone to "T4-0" General Urban — Open Transect Zone. The subject area is located within the Coral Way NET area and consists of three parcels 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 comply with Section 7.1.2.8 (a) of the Miami 21 Code, since the rezoning is proposed to the next higher Transect Zone. • The request is deemed in compliance with Section 7.1.2.8 (c) of the Miami 21 Code, since the shape of the aggregate of the parcels proposed for rezoning has more than two hundred feet of Street Frontage on one (1) street. • The proposed rezoning is in compliance with Miami 21 Code principle, generating appropriate transitions in height, scale, density and intensity of transects north to south and east to west. • The proposed rezoning does not require land use change. • The subject properties are within one-half (1/2) mile radius from a convergence of modes of transit, constituting a Transit Oriented Development (TOD) pursuant to Miami 21, Article 1.2 Definitions of Terms. Based on the aforementioned findings, the Planning and Zoning Department recommends approval of the proposal as presented. FILE NO 1-00077zc pg. 1 Yes No N/A. ® ❑ ❑ ® 0 0 ® ❑ ❑ Z ❑ 0 O ® ❑ ® 0 0 ® 0 0 ® 0 0 ® ❑ 0 ® ❑ 0 ® ❑ ❑ 0 ® 0 ® 0 0 ® 0 0 O ® 0 O ® 0 Analysis for ZONING CHANGE File ID: 13-00077zc 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 Toad on public facilities such as schools, utilities, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on Tight and air to adjacent areas as the existing classification. I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. U SW 29TH AVE MIAMI 21 MAP (EXISTING) 0 W F— T4tLi 1 I T51O SW 27TH LN • L T6-8-O 0 150 SW 26TH ST 300 SW 27TH ST- V —~LLJ Q U = oo co, —N — N SW 27TH TER CI T5-01 Coconut Grove': oo Neighborhd . . ::::.... Conservation :,:.:. I. District 600 Feet SW 27TH ST JII _8- • 1SW-28TH ST • iT5-0;: ADDRESS: 2701, 2721, 2751 SW 28 AV & 2740 SW 27 CT U SW 29TH AVE MIAMI 21 MAP (PROPOSED) 0 1- 1- N T4-L 1 I T51O SW 27TH LN rya T6-8-O SW 29TH AVE 0 150 300 SW 26TH ST _-SW 28TH 'CT T. SW 27TH ST T4-O SW 27TH TER CI T5-O Coconut Grove': • :Neighborhood . . • Conservation •::.:. t:District 600 Feet SW 26TH LN SW 27TH ST TII •SW.28TH STD' iT5`-0: ,T3 R . ADDRESS: 2701, 2721, 2751 SW 28 AV & 2740 SW 27 CT 0 150 300 600 Feet ADDRESS: 2701, 2721, 2751 SW 28 AV & 2740 SW27 CT Holland & Knight 701 Brickell Avenue, Suite 3000 I Miami, FL 33131 I T 305.374.8500 I F 305.789.7799 Holland & Knight LLP I www.hklaw.com January 17, 2013 VIA HAND DELIVERY Mr. Anel Rodriguez Administrative Assistant Office of Hearing Boards City of Miami 444 SW 2" Avenue, 3th Floor Miami, Florida 33130 PL �NNI DEPA THE; 2013 JAN 18 QF 1 !: 53 Ines Marrero-Priegues 305.789.7776 ines.marrero@hklaw.com Re: Application for Rezoning of 2701, 2721 and 2751 SW 28 Avenue; 2740 SW 27 Court from T3-O to T4-O (collectively, the "Property") Dear Mr. Rodriguez, The undersigned is the authorized legal representative for Landaq, Inc. and Grove Bluff LLC (collectively referred to as "Owners"). The Owners are the legal owners of ten (10) contiguous lots located on the south side of S.W. 27th Street between SW 28th Avenue and S.W. 28th Court. The aggregated parcels are more specifically described in Exhibit "A" to the application ("Property"). This application seeks the rezoning of all properties from T3-O to T4-O. This request meets the requirement of Section 7.1.2.8 of the Miami Zoning Ordinance, ("Miami 21 Code"), in that the Property contains more than 200 lineal feet of frontage, to wit, 203 linear feet along SW 27 Court and 302.7 linear feet along SW 28 Avenue. The lands comprise 38,768 square feet of area (± 0.89 acres). The requested zoning change is consistent with the designation for all of lots that comprise the Property in the City's Comprehensive Neighborhood Plan, Future Land Use Plan. The entire Property is designated General Commercial is the Future Land Use Plan map. The requested rezoning of the properties to T4-O ("Urban Center") or a higher density transect is consistent with the General Commercial land use designation. Just as important, the City's Comprehensive Neighborhood Plan also includes the Property within at Transit Oriented Development area for the Coconut Grove Station on US1 and SW 27 Avenue. Atlanta I Bethesda I Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach Mr. Anel Rodriguez January 17, 2012 Page 2 The area surrounding the Coconut Grove Metrorail Transit station is one of the most underdeveloped and underutilized areas in the City. Rezoning of the Property to a higher density transect will permit the development of the Property at a higher residential density within a development that is compatible with the surrounding established low density residential neighborhoods to the south. The T4-O transect provide an transitional buffer from the T5-O designated properties to the east and to the south. The proposed rezoning is precisely what the goal of Miami 21 and the Transect Principles set forth in Section 2.1.3 of Miami 21. Furthermore, the rezoning of the Property to a transect that permits higher residential density in close proximity to the Coconut Grove Station (within less than 500 feet) is consistent with the planning and future land use policies of the City's Comprehensive Neighborhood Plan. Policy LU-1.1.10: The City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations. (See Transportation Policy TR-1.5.2 and Housing Policy HO-1.1.9.) Policy TR-1.5.2: The City shall conduct appropriate land use and zoning analysis of the areas surrounding each existing and future premium transit station as such station sites are approved by Miami -Dade County or the City of Miami for development in order to determine whether appropriate land use and zoning changes should be implemented that foster the development and use of the stations while protecting adjacent neighborhoods from incompatible development (examining height, density and intensity, use and scale). Such land use and zoning changes shall include minimum and maximum density and intensity standards at the time of implementation. A. The City shall encourage development of a wide variety of residential and non-residential land - uses and activities in nodes around rapid transit stations to produce short trips, minimize transfers, attract transit ridership, and promote transit operational and financial efficiencies. Land uses that may be approved around transit stations shall include housing, shopping, and offices in moderate to high density and intensity, complemented by compatible entertainment, cultural uses and human services in varying mixes. The particular uses that are approved in a given station area should respect the character of the nearby neighborhood, strive to serve the needs of the neighborhood, and promote balance in the range of existing and planned land uses along the subject transit line. B. It is the policy of the City of Miami to accommodate new development around rapid transit stations that is well designed, conducive to both pedestrian and transit use, and architecturally attractive. In recognition that many transit riders begin and end their trips as pedestrians, pedestrian accommodations shall include, as appropriate, continuous sidewalks to the transit station, small blocks and closely intersecting streets, buildings oriented to the street or other pedestrian paths, parking lots predominantly to the rear and sides of buildings, primary building entrances as close to the street or transit stop as to the parking lot, shade trees, awnings and other weather protection for pedestrians. Mr. Anel Rodriguez January 17, 2012 Page 3 G. The City of Miami seeks to increase the density of development within walking distance of rapid transit stations in a manner appropriate to the particular setting of each transit station and consistent with the policies of the MCNP that speck that existing abutting residential neighborhoods are to be protected and preserved. Accordingly, the rezoning of the Property to an appropriate transect with higher residential and development density is consistent with the adopted Transit Oriented Development designation for the Property in the Miami 21 Zoning Code, the General Commercial land use designation in the Future Land Use Plan of the Comprehensive Neighborhood Plan, the land use and transportation policies of the City's Comprehensive Neighborhood Plan and the transect planning principles of Miami 21. Based on the foregoing, we respectfully request the favorable review and recommendation by the Planning Director. Should you have any questions, please contact the undersigned legal representative for the Owners/Applicants. Sincerely, Ines Marrero Priegues EXHIBIT 1 Miami 21, Article 7.1.2.8, c.2 (2) Analysis The accompanying materials provide an analysis of the properties within a half mile radius of the subject property and provide planning and zoning support for the requested change in zoning transect. Exhibit 1.1 is an aerial of the Property depicting the site's proximity to the Coconut Grove Metro Rail station, US 1 and high density multifamily residential projects along S.W. 27th Avenue in immediate, inappropriate, proximity to single family and duplex residential homes. Exhibit 1.2 depicts the Property's designation as "General Commercial" in the City's Future Land Use Plan Map to the Comprehensive Neighborhood Plan. Exhibit 1.3 is a Map IV.26 of the City's Comprehensive Neighborhood Plan wherein the Property is included within the 1/4 pedestrian shed area for the Coconut Grove Metrorail station. Exhibit 1.4 provides an analysis of the scale of proposed zoning as an appropriate transition between the approved intensity and height of the property to the north and the duplex and single family residential properties to the south. The proposed transect complies and promoted the Transect Principles guiding the Miami 21 Code, as set forth in Section 2.1.2 of Miami 21. Exhibit 1.5 provides a graphic summary of the historic development of the area since the Coconut Grove Metro Rail Station was built (1986). The area has not experienced significant development or redevelopment of single family or duplex residences as permitted under the T3-O Transect (or its previous R-2 zoning under Ordinance 11000). EXHIBIT 1.1 - — — — - N77.' 231h`STRI=ET-- �— s uJ a') 4-floors Subject 11-floors edsttng not (sport, 15-floors MOMS Mag omwdst COMMI SfAMSSA ELEVATION 2,1.2. Intent: Sensible Growth - Pedestrian friendly / Sensible density at Transit Nodes - Conserve energy / Reduce carbon by Transit + walkability + bicycle use - In -fill development / Maintaining existing mature landscaping S. W. 27 th STREET 27 th AVENUE S; W. 27 th TERRACE =-Y co'3 AREA PLAN 0 1 1 /4 mile PEDESTRIAN SHED TRANSIT -ORIENTED DEVELOPMENT EXHIBIT 1.2 rIN 11.1.-4111111 MOFolo L us I � I \ / \ V `1\ \ �__ 4 \ r�,.,.�.... v \ / \ } » • •,-.__,�1\ // \ / /� \ / \ MIAMI 1 I _ .. -- AIRPORT INTERNATIOVAL t �.,- ' 1 I / • • • • • / / t Coral Way I I \ / / \ \.... _......, I ♦ 1; / Bird Avenue / / METRORAIL FUTURE METRORAIL METROMOVER BUS ROUTES STREETCAR HEALTH DISTRICT CIRCULATOR HEALTH DISTRICT STOPS FUTURE TRANSIT SHEDS 1/2 MILE TRANSIT SHED 1/4 MILE PEDESTRIAN SHED \ t 1' Note: The Official Miami 21 TOD Diagram is maintains IV.26 EXHIBIT 1.3 11 WWI W 27THiST 111 mess 1111 mien OM _si a1 o Nun aw•t/11111■ 011 MON rr No i f IU11111 111111 �lI 1111 1111111111111111i 1 - 2I- 1111 1 1MIS_MIS I II. nl1 = — t1—� (a MO MEN =- —.. -- 1111111/1 wan. . 1121111111 11 111g1/111 _.t1101t/IIf / 111111111 IIE1�11! 11 ■11111 -cam SW 231" ST , — di AO 111111111■ ■.111u.i.iui. 1./.■■1111111i■ iw/u111111 ■ warm 1111 1 (Ill 11 111 L r e)ows .10.40„:1/4 .4101.0,4, ,<Qx# !flit IJ 111111 111111111 111111l1 Legend Future Land Use 2010 Future Land Use Designations - Conisenatlnn - Public Parks and Recreation OPP Commercial Recreation' - Marino Facilities` Single Family - Residential Duplex - Residential ow Density Multifamily Residential Medium Density Multifamily Residential Htgh Density Multifamily Residential Low Density Restricted Commercial i Medium Density Restricted Commercial - Restricted Commercial - Central Business District - General Commercial - Major Ins!, Public Tianap And - Light Industrial - Industrial i� EXHIBIT 1.4 SW 27 STREET 1950 1950 1950 1957 20 ,lex 1957 1925 ,t3957 1930 1950 1957 1948 1950 1957 1957 vacant 1954 1956 1924 1937 1986 1980 1956 vacant 1956 vacant vacant vacan t vacant vacant vacan t vacan t vacan t f vacant vacan t 0 o. L) o. M o. M CV o• CT o• C•I o• v 0 SW 27 TERRACE Metro Station GROVE 50-LOTS (17-VACANT) NO SINGLE-FAMILY & (1)-DUPLEX since 1986 METRORAIL EXHIBIT 1.5 Miami -Dade County Public Schools Superintendent of Schools Alberto M. Carvelho February 21, 2013 VIA ELECTRONIC MAIL Ines Marrero-Priegues, Esquire Holland & Knight LLP 701 Brickell Avenue, Suite 3000 Miami, Florida 33131 ines.marrero@_bellsouth. net giving our students the world Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Martin Karp, Vice Chair Dr. Dorothy Bendross-Mindingall Susie V Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert "Tee" Holloway Dr. Marta Perez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS LANDAQ, INC. AND GROVE BLUFF, INC. 2701, 2721, 2740, 2751 — LG NO. 13-00077zc LOCATED SOUTH EAST OF SW 28 AVENUE AND SW 27 STREET PH0113021500121 - FOLIO Nos. 0141160231630, 0141160231631, 0141160231632, 0141160231633 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review) for informational purposes only. As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 32 multi -family attached units, which generate 4 students; 2 elementary, 2 middle and 2 senior high students. At this time, all three school levels have sufficient capacity available to serve the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free to co tact me at 305-995-4501. Sin van M. Rodriguez, R.A Director I IMR:ir L-361 Enclosure cc: Ms. Ana Rijo-Conde, AICP Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Facilities Planning, Design and Sustainability Ana Rijo-Conde, AICP, Eco-Sustainability Officer• 1450 N.E. 2nd Ave. • Suite 525 • Miami, FL 33132 305-995-7285.305-995-4760 (FAX) • arijo@dadeschools.net Concurrency Management System (CMS) Miami Dade County Public Schools MDCPS Application Number: Date Application Received: Type of Application: Applicant's Name: Address/Location: Master Folio Number: Additional Folio Number(s): PROPOSED # OF UNITS SINGLE-FAMILY DETACHED SINGLE-FAMILY ATTACHED MULTIFAMILY UNITS: Miami -Dade County Public Schools UNITS: UNITS: Concurrency Management System Preliminary Concurrency Analysis PH0113021500121 Local Government (LG): Miami 2/15/2013 10:00:28 AM LG Application Number: 13-00077zc Public Hearing Sub Type: Zoning Landaa, Inc. and Grove Bluff, Inc. 2701, 2721, 275 13990 SW 97Avenue, Miami, FI 33176 0141160231630 0141160231631, 0141160231632, 0141160231633, 32 0 0 32 CSA Id CONCURRENCY SERVIC Facility Name AREA SCHOOLS Net Available Seats Capacity Required Seats Taken LOS Met Source T., 5041 5041 SILVER BLUFF ELEMENTARY -21 12 0 NO SILVER BLUFF ELEMENTARY 6741 I PONCE DE LEON MIDDLE 0 2 0 107 1 7071 CORAL GABLES SENIOR -520 1 7071 CORAL GABLES SENIOR 0 1 1 f0 NO Current CSA Current CSA Five Year Plan YES NO NO Current CSA Current CSA Current CSA Five 1Year Plan ADJACENT SERVICE AREA SCHOOLS 5401 /SUNSET EL - GEORGE CARVER EL - CORAL GABLES EL 98 2 YES Adjacent CSA 7341 MIAMI JACKSON SENIOR 837 1 1 YES Adjacent CSA *An Impact reduction of 19.5% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of lapproval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net i , City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Ines Marrero-Prigues, Legal Representative for Landaq & Grove Bluff, LLC Application Phone * 305-789-7776 Application Email * ines.marrero@hklaw.com Application Address * 2701, 2721, 2751 SW 28 Ave.; 2740 SW 27 Ct. Contact Fields Information Contact Name * INES MARRERO-PRIEGUES, ESQ. Contact Phone * 305-789-7776 Contact Email * ines.marrero@hklaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email CiDGavfri,d,mianii.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4116-023-1630, 01-4116-023-1631, 01-4116-023-1632, 01-4116-023-1633 Additional Folio Number Total Acreage * 0.89 Acres Proposed Land Use/Zoning * T4-0 Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * 32 (as permitted by 36 du/acre density in T4-0) Total # of Units * 32 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 govemment shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * Ines Marrero-Priegues, Esq. Owner(s)/Attomey/Applicant Name /Zi% Ow er(s)/Attorney/ plicant : ignature STATE OF FLORIDA COUNTY OF MIAMI-DADE 1 The foregoing was acknowledged before me this / /, day of �/ • 20 13 ,by cLr1es Marrero-rl-Gjues, E.st • who is a(n) individual/partner/agent/corporation of a(n) individuaUpartnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) SIUBY FLEITES tilt COMMISSION t DD 858036 EXPIRES: April 16, 2013 ,nded Thru Notary Public Underwriters re REZONING APPLICATION RECF I v a PLANNING DEPJ,FY,THE PLANNING AND ZONING DEPARTMENT, HEARING BOARI S 8 TIORgN 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 61 Y03 I I : 53 www.miamigov.com/hearing boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8%x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2012 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Ines Marrero-Prieques as authorized legal representative for Landaq, Inc. and Grove Bluff, LLC, property owners 2. Subject property address(es) and folio number(s): 2701, 2721, 2751 SW 28 Ave.; 2740 SW 27 Ct.; 01-4116-023-1630; 01-4116-023-1631, 01-4116-023-1632, and 01-4116-023-1633 3. Present zoning designation(s): T3-O 4. Proposed zoning designation(s): T4-O 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. Attached as Exhibit 1 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 "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2012 3 REZONING APPLICATION 17. What is the acreage of the project/property site? 0.89 acres 18. What is the purpose of this application/nature of proposed use? Multi -Family Development 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. NO 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. NO 21. What would be the anticipated duration of the presentation in front of the: El Planning, Zoning and Appeals Board 20 mins and/or Q City Commission 20 mins 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: $ .70 $ 5,000.00 Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, shall be id in the form of a certified check, cashier's check, or money order. Signature °— A Address 701 Brickell Avenue, 30th FI I es Marre/•-Pri 'gue , Esq. Name Authorize • legal representative Telephone 305 - 789 - 7776 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Miami, Florida 33131 E-mail ines.marrero(ahklaw.com The foregoing was acknowledged before me this day of 20 I , by Ines Marrero-Prieques, Esq. who is a(n) I authorized legal rep esentative for Landaq, Inc., a Florida corporation . She is person Ily known to me or who has produ ed as identification and who did (did not) take an oath. Rev. 07-2012 4 REZONING APPLICATION (Stamp) Signature AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ines Marrero-Prieques, Esq. who being by me first deposes and says: 1. That she is the legal representative of the owners (Landaq, Inc. and Grove Bluff LLC), 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,I hncluding 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. Ines Marrero-Priegues, Esq. Holland & Knight, LLP, authorized legal rep. Applicant(s) Name Appliant(s) Sigture STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before mA this / 77* day of •-7-4 20 13 , by Ines Marrtrd-- M. Vrle s / Ls 4 . who is a(n) individya(/partner/agent/corporation of T a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and whodid (did not) take, n oath. (Stamp) ,tiKY"r"t SIUBY FLEITES •t0 MY COMMISSION # DD 858036 l"tC - EXPIRES: April 16, 2013 pu8ondsd Thre Notary Public Underwriters Signatur Rev. 07-2012 5 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. 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) LANDAQ, Inc. Percentage of Ownership Adalberto Pascual (President) 100% Subject Property Address(es) 2721 SW 28 Avenue, 2751 SW 28 Avenue and 2740 SW 27 Court 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): NONE Ines Marrero-Priegues, Esq. Holland & Knight, LLP, authorized legal rep. Owner(s) or Attorney Name Owndf(s) or Atto, STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ey gnatur The foregoing was acknowledged before me this 1 % tft day of - 20 13 , by ...v! es r'rerO - e✓i es ctes, Es • who is a(n) individual/partner/agent/corporation of I 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) ,0..... SIUBY FLERES ?' .fa58036= MY COMMISSION # DC � ° EXPIRES; April 16, 2013 Bonded Ttw Ij Notary Public Underwriters ,,:... � Signat Rev. 07-2012 6 REZONING APPLICATION 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) Grove Bluff, LLC, a Florida limited liability company Percentage of Ownership Adalberto Pascual (Manager) 100% Subject Property Address(es) 2701 SW 28 Avenue Miami 4. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): NONE Ines Marrero-Priegues, Esq. Holland & Knight, LLP, authorized legal rep. Owner(s) or Attorney Name OwnerAtts) or me y Si nature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before m.4 his i'J day of 1 J Q.,Gt.• 20)3 , by Tiles Marrero- ICY;el u-es s • who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/Shgis personally known to me or who has produced as identification and who did (did not) take a oath. (Stamp) __--� Signature SIUBY FLEITES MY COMMISSION# DD 858036 EXPIRES: April 6 flooded Thou Notary Public Undervmtere Rev. 07-2012 7 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 fonn. NAME: Ines Marrero-Priegues (First Name) (Middle) (Last Name) HOME ADDRESS: Holland & Knight, LLP CITY: (Address Line 1) 701 Brickell Avenue, Suite 3000 (Address Line 2) Miami STATE: Florida ZIP: 33131 IIOMEPHONE: (305) 789-7776 CELLPIIONE: FAX: (305) 679-6325 EMAIL: ines.marrero@hklaw.com BUSSINESS or APPLICANT or ENTITY NAME Landaq,Inc. and Grove Bluff LLC BUSINESS ADDRESS: 13990 SW 97 Avenue (Address Line 1) Miami, Fl 33176 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning of subject parcels from T3-O to T4-0 or higher density: 2701, 2721, and 2751 SW 28 Ave.; 2740 SW 27 Ct. 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 Ell 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. not applicable b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. not applicable 5. Describe what is being requested in exchange for the consideration. not applicable 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: / ` !►nm»m Signe re ( J Ines M rrero-Priegues, Esq. Print Name Sworn to and subscribed before me this 11 t"" day of , 20(7` ." . The foregoing instrument was acknowledged before me by ... h e 5 Marrero . flE 1Ag, "# - 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 "41-otary COMMISSION EXPIRES: SOY ROTES , 858036 / li I L� al _%, $ �'r' '�'• phY COMMISSION ,,� ,, A Ill 16' 201 Print Name Enclosure(s) ,.. +) = EXPiAN; rypublicUndetv+tite� `- ` 6ondedNu ;',,; ° Page 2 Doc. No.:86543 ..,..----"' EXHIBIT "A" Legal Description Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, & 10, Block 23 of "SOUTH BAY ESTATES" according to the Plat Thereof as Recorded in Plat Book 5, Page 54 of the Public Records of Miami -Dade County, Florida Addresses: 2701, 2721, 2751 S.W. 28 Avenue; and, 2740 S.W. 27 Court 111111111111111111111111111111111111111111111 Prepared by and return to: Charles W. Battisti, Esquire 250 Catalonia Avenue Suite 304 Coral Gables, FL 33134 305-445-9660 File Number: 10-91 Will Call No.: Parcel Identification No. 01-4116-023-1632 CFN 2011R0450161 OR Bk 27750 Fss 0421) - 4211 (2P9s) RECORDED 07/0B/2011 15:56:05 DEED DOC TAX 360.00 SURTAX 270.00 HARVEY RUVIN? CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this Arday of June, 2011 , between GRACE V. MATHESON, a single woman whose post office address is 10864 S.W. 78th Court, Ocala, FL 34476 of the County of Marion, State of Florida, grantor*, and LANDAQ INC., a Florida corporation whose post office address is of the County of , State of , grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10,00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lots 5 and 6. in Block 23, of SOUTH BAY ESTATES, according to the Plat thereof, as recorded in Plat Book 5, at Page 54, of the Public Records of Miami -Dade County, Florida. Subject to taxes for 2011 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, d and delivered in our presence: ¼2a» Wit ess Name: hri5l-r nr1L GRACE V. MATHESON Witness ame: \ I G I 'rt p1Z+' DoubleTime% Book27750/Page420 CFN#20110450161 Page 1 of 2 OR BK 27750 PG 0421 LAST PAGE State of Florida County of Marion The foregoing instrumept was acknowledged before me this le day of June, 2011 by GRACE V. MATHESON, a single woman, who [ is personally known or [X] has produced driver's license as identification. [Notary Seal] olfa.:gar t, DONNA NFMCOVIC * MY COMMISSION / DO 891153 EXPIRE$: September20,2013 16-0v Roe sowed 1 vu Midget ►retayr unto Warrang• Deed (Statutory Form) - Page 2 �18xN,tt I Notary Public 1(//f Printed Name: O ►'1 n a. e1NL'o My Commission Expires; DoubleTlme® Book277501Page421 CFN#20110450161 Page 2 of 2 1 111111 1111111111 11111 1111111111 11111 1111 1111 THIS INSTRUMENT PREPARED By: David F. Hannan, Esquire DAVID F. HANNAN, P.A. 8201 Peters Road Suite 1000 Plantation, FL 33324 WARRANTY DEED CFN 2+01 1 R0447249 OR Bk 27748 Pss 3172 - 3176; (5Pss) RECORDED 07/08/2011 08:35:40 DEED DOC TAX 1,260.00 SURTAX 945.00 HARVEY RUVIN? CLERK OF COURT t1IAMI-DADE COUNTY? FLORIDA THIS INDENTURE, made this the 7J-r day of June 2011 between FAIRCHILD TROPICAL BOTANIC GARDEN, INC., a Florida non-profit corporation with a mailing address of 10901 Old Cutler Road, Coral Gables, Florida 33156 as Grantor and LANDAQ, INC., a Florida corporation with a mailing address of 13990 S.W. 97th Avenue, Miami, Florida 33176 as Grantee. WITNESSETH That the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to them paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, their heirs and assigns forever, the following described real property situate, lying and being in Miami -Dade County, Florida, to - wit: Lots 2, 3, 4, 7, 8, 9, and 10, Block 23, SOUTH BAY ESTATES, according to the Plat thereof, recorded in Plat Book 5, Page 54, of the Public Records of Miami -Dade County, Florida. Miami -Dade County Folio/Tax ID Number: 01-4116-023-1631 and 01-4116- 023-1633 and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. This conveyance is made subject to the following: 1. Zoning and/or restrictions and prohibitions imposed by governmental authority; 2. Restrictions, easements, and other matters appearing on the plat and/or common to the subdivision (without reimposing same); and 3. Taxes for calendar year 2011 and subsequent years. -1 C:\Documents and Settings\David\My Documents \L\Landaq pf Fairchild Tropical\Seller Documents\Watranty Decd,doc Book27748/Page3172 CFN#20110447249 Page 1 of 5 IN WITNESS WHEREOF, Grantor has hereunto set their hands and seals, the day of June 2011. Signed, sealed and delivered in the presence of: FAIRCHILD TROPICAL BOTANIC GARDEN, INC., a Florida non-profit corporation By: (Typal or Primed Wave of Mama) gin&0 BRUCE W. GREER, President ATTEST: By: (Typed m Printed Witness) ) STATE OF FLORIDA COUNTY OF MIAMI-DADE The fore instrument was acknowledged before me, in the County and State aforesaid, this day of June 2011 by BRUCE W. GREER, President and JOYCE BURNS as the President and Secretary respectively of FAIRCHILD TROPICAL BOTANIC GARDEN, INC., a Florida non-profit corporation with full and due corporate authority and on behalf of e corporation who are personally known by me or who did produce h^e.- as identification and who did not take an oath. My commission expires: // /a4_ /y otary iic Print: g ice- C. I O7 State of FLORIDA at Large """r Suzanne C. Kores .% ? COMMISSION #DD$41062 *.g�,n/�r D(PIRES; NOV, 24, 2012 '64'''`'' WWW,AARONNOTARY.com 2 C:\Documents and Scttings\David\My Documente\L\Landaq pf Fairchild Tropical'Seller Documents\Warranty Dced.doc Book27748/Page3173 CFN#20110447249 Page 2 of 5 RESOLUTIONS OF THE BOARD OF TRUSTEES FAIRCHILD TROPICAL BOTANIC GARDEN, INC., a Florida non-profit corporation AND CERTIFICATE OF INCUMBENCY I, JOYCE BURNS, as Secretary of FAIRCHILD TROPICAL BOTANIC GARDEN, INC., a Florida non-profit corporation (the "Corporation") do hereby certify that the following is a true and correct copy of resolutions adoptec by the Trustees of the Corporation at a duly called meeting of the Trustees held on or as of the '—day of J — 2011, at which all of the Trustees were present and voting throughout or who have consented in writing to the adoption of and approve the resolutions herein all in accordance with the Articles of Incorporation and the By Laws of the Corporation and applicable Florida Statute: RESOLVED, that the Corporation shall be authorized to and is directed to sell and convey to LANDAQ, INC., a Florida corporation ("Purchaser") this Corporations real property described as: Lots 2, 3, 4, 7, 8, 9, and 10, Block 23, SOUTH BAY ESTATES, according to the Plat thereof, recorded in Plat Book 5, Page 54, of the Public Records of Miami -Dade County, Florida ("Property") for a cash purchase price of $210,000.00 pursuant to and in accordance with the terms of the Contract entered into by this Corporation and the Purchaser for same; and FURTHER RESOLVED, that the Board of Trustees of the Corporation shall or have, if required, prior to the closing the sale and conveyance of the Property obtain approval for such sale and conveyance by appropriate means from such number of members of the Corporation as required by the terms and provisions of the Articles of Incorporation and the By Laws of the Corporation; and FURTHER RESOLVED, that Bruce W. Greer and Joyce Burns, President and Secretary respectively of the Corporation, are hereby authorized and directed to execute on behalf of the Corporation a Warranty Deed, any Affidavit propounded by the Purchaser the contents of which are accurate; the Closing Statement; and any and all other instruments and documents as may be required by Purchaser in order to close the sale and conveyance and to do such other acts and things as may be necessary or advisable in order to carry out and perform on the part of this Corporation the covenants, conditions and agreements on its part to be carried out and performed, and in order to carry out and give effect to the full intent and purposes of these resolutions; and C:\Documents and Settings\nzapata\Local Settings\Temporary Internet Files\OLK3F2\Corporate Resolutions- Incumbency.doc Book27748/Page3174 CFN#20110447249 Page 3 of 5 FURTHER RESOLVED, that the Secretary of this Corporation shall certify to Lender the names of the present duly elected and qualified officers of this Corporation; and FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received by the Lender or its agents, and that receipt of such notice shall not affect any obligations entered into by this Corporation prior thereto or action taken by the Lender prior thereto; and LASTLY RESOLVED, that the Secretary be, and hereby is authorized and directed to certify to the Lender the passage of the foregoing resolutions and to certify that the provisions thereof are in conformity with the Articles of Incorporation, the By -Laws, other Resolutions of the Corporation, and all other corporate governing documents (collectively referred to herein as the "Governing Documents"). I HEREBY CERTIFY to Lender that: 1. The Corporation is in good standing and validly exists within the State of Florida as a not -for -profit corporation on the date hereof; and 2. That there are no proceedings of any nature whatsoever relating to the bankruptcy, merger, liquidation or dissolution of the Corporation pending or contemplated; and 3. That the foregoing Resolutions of the Board of Trustees of the Corporation have not been amended or rescinded in any manner, are in full force and effect as of the date hereof, are not inconsistent with any provisions of the Governing Documents currently in effect and are within the power of the Board of Trustees to pass as provided in the Governing Documents and under Florida law, and that there is no provision in the Governing Documents limiting the power of the Board of Trustees to pass the foregoing resolutions; and. 4. That the Governing Documents have not been amended, altered (except as to copies of any of same as have been provided to Lender) or rescinded and are in full force and effect as ofthe date hereof with no amendments thereto proposed or pending: and 5. That appended hereto (or previously furnished to the Purchaser) are true, accurate and complete copies ofthe Articles of Incorporation and By Laws ofthe Corporation and all amendments thereto; and 6. That the Corporation has the power to sell and convey its real property and no contrary provision exists in the Governing Documents and that the President of the Corporation has full authority to bind the Corporation consistent with the above resolutions; and C:\Documents and Settings\nzapata\Local Settings\Temporary Internet Files\OLK3F2\Corporate Resolutions- Incumbency.doc Book27748/Page3175 CFN#20110447249 Page 4 of 5 • OR Bk 27748 PG 3176 LAST PAGE 7. That the following individuals are the incumbent President and Secretary of the Corporation on the date hereof, shall continue to perform the duties of their respective offices through the date of execution of any and all Loan Documents requested by Lender and as such officers are authorized to execute all Loan Documents: Office Held Name President Bruce W. Greer Secretary Signature m L Joyce Bums i...� IN WITNESS WHEREOF, I have af4ed my name as Secretary of this Corporation and have affixed the seal of the Corporation this i day of June 2011 , Joyce )dr as Secretary of Fairchild Tropical Botan Garden, Inc. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing ins went was sworn to and acknowledged before me, in the County and State aforesaid, this day of June 2011 by JOYCE BURNS in her capacity as the Secretary of Fairchild Tropic 1 Botanic Garden, Inc., a Florida non-profit corporation with full and due corporate autho ' y and on pehal of the corporation, who is personally known by me or who has produced as identification and who did take an oath. Nota Print: o ublic S'U24 v'e ' • lecriec State of FLORIDA at Large Suzanne ores ni C0MMISS10NftD0841062 : EXPIRES: NOV. 24, 2012 '"°i,'` WWW.AARONNOTARY.com C:\Documents and Settings\nzapata\Local Settings\Temporary Internet Files\OLK3F2\Corporate Resolutions- Incumbency.doc Book277481Page3176 CFN#20110447249 Page 5 of 5 CFN: 20110743852 BOOK 27882 PAGE 3711 DATE:11/03/2011 11:57:51 AM DEED DOC 1,050.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY )'reused by and return to: Jacqueline A Saltines, Esq. Attorney at Law Law Offices of Jacqueline A. Saltines, P.A. 7711 Southwest 62nd Avenue Suite 201 Miami, FL 33143 305-669-5280 File Number: Gonzalezl5 [Space Ahcwe This Line for Recording Data Warranty Deed This Warranty Deed made this 1st day of November, 2011 between Flora Aida Gonzalez a/k/a Aida Gonzalez, a single woman whose post oiTiee address is 2224 SW 68th Court, Miami, FL 33155, grantor, and Grove Bbrff, LLC, a Florida limited liability company whose post office address is 13990 SW 97th Avenue, Miami, FL 33176-6887, 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 cnrpnrations, tmsts and trnsters) Witxsesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lot 1, Block 23, SOUTH BAY ESTATES, according to the Plat thereof, as recorded in Plat Book 5, Page 54, of the Public Records of MIAMI-DADE County, Florida. Parcel Identification Number: 01-4116-023-1630 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 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 whomsoever; and that said land is free of al] encumbrances, except taxes accruing subsequent to December 31, 2010. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed an' d; . in our presence: 'Q rilroIO TJ!;' .a Witness State of Florida County of Miami -Dade Zzl '�leFlora Aida Gonzalez a/k/a AidaG` zalez The foregoing instrument was aclmowledged before me 1st day of November, 2011 by Flora Aida Gonzalez a/k/a Aida Gonzalez, who [J is personally known or [X] has produce • ;jver'yl liceasi ttifi.ction. [Notary Seal] t _ JACQUEL1NEA.SALCINE9 ., „r MY COMMISSION r DO 729965 Mgr+� EXPIRES:Jarnafy 16,2612 BandedThN Ndey Po*Un4erruiers tiblic Printed Name: My Commission Expires: DoubleTImee Sheet 1 ofa 2 LQ4 non Sieti h . .Si Comm Panel Panel # Firm Zone: Date of Firm: Base Flood Elev. F.Floor Elev. Garage Elev. Suffix: PROPERTY ADDRESS: 2740 Southwest 27th Court Miami, Florida 33133 2721 Southwest 28th Avenue Miami, Florida 33133 CERTIFIED ONLY TO: Fairchild Tropical Botanic Garden S.W. 27th Street 12 3 iliiil HillS.W. 27th Terrace LEGAL DESCRIPTION: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10, Block 23 of: "SOUTH BAY ESTATES" according to the Plat Thereof as Recorded in Plat Book 5, Page 54 of the Public Records of Miami -Dade County, Florida. ELEVATION INFORMATION National Flood Insurance Program FEMA Elev. Reference to NGVD 1929 120650 0476 ',xi, 09-11-2009 N/A N/A N/A I I L it Elev. Reference to NVGD 1929 JOB # 12-471 DATE 09-07-2012 PB 5-54 Surveyors Notes: AFA& Company, Inc 1 #1 Land Shown Hereon were not abstracted for Easement and /or Right of Way Records. The Easement / Right of Way Show on Survey are as per plat of record unless otherewise noted. #2 Benchmark: Miami -Dade County Public Works Dep. N/A #3 Bearings as Shown hereon are Based upon Southwest 27th Avenue, N00°00'00"W #4 Please See Abbreviations #5 Drawn By A. Torres #6 Date: 01-20-2010; 9-7-2012 #7 Completed Survey Field Date: 01-15-2010; 9-5-2012 #8 Disc No 201 Z, Station Surveying Scion #9 Last Revised: #I0Zoned Building setback line not determent Surveyor's Notes: #11 the herein captioned Property was surveyed and described based • on the Legal Description Provided by Client. #12 This Certification is Only for the lands as Described. it is not a certification of Title, Zoning, Easements, or Freedom of encumbrances. ABSTRACT NOT REVIEWED. #13 There may be additional Restrictions not Shown on this survey that may be found in the Public Records of Said County Examination of ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. #14 Accuracy: The expected use of land, as classified in the Minimum technical standards (5J-17.050), is residential. the minimum relative distance accuracy for this type of boundary survey is 1.0 foot in 10,000.00' feet. the accuracy obtained by measurement and calculation ofa closed geometric figure was found to exceed this requirement. #15 Foundation and / or footing that may cross beyond the boundary lines of the parcel herein described are not shown hereon. #16 not valid without the signature and original seal ofa Florida Licensed Surveyor and Mapper. additions or deletions to survey maps or reports by other than the signing party or parties. #17 Contact the appropriate authority prior to any design work on the herein described parcel for building and zoning information. #18 Underground Utilities are not depicted hereon, contact the appropriate authority prior to any design work or construction on the property herein described. Surveyor shall be notified as to any deviation from utilities shown hereon. #19 Ownership subject to Opinion of Title. Professional Surveyors & Mappers LB 7498 13050 S.W. 133rd Cow Miami Florida, 33186 E-mail: afaco@bellsouth.net Ph. # (305) 234-0588 Fax # (206) 495-0778 This certifies that the survey of the property described hereon was made under my super- vision & that the survey meets the minimum technical standards set forth by the Florida Board of Professional Land Surveyors & Mappers in Chapter 5J-17.050 of Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. & That the Sketch hereon is a true and accurate representation thereof to the best of my knowledge and Belief, subject to notes and notations shown hereon. ,4. 'ndo varez Professional rveyor & Mapper # 5526 State of Florida Not Valid unless Signed & Stamped with Embossed Seal Prbleet Name ?ne a M vrtei P wja.rre ° � kkIQW. Co hi Applicant Email Address a I a a l, a� s+, s w aq Ave Project Street Address >H/ Pre -Application Meeting Assisted Living Facility Principal Frontage Other: ,rf, A fe. /IF Jan '4, 0_o l 3 Date t. Sl/!G _o e?3 - /430; /4 3/ , /4 32 , /6 33 Folio Number JOS- 99-7944 Applicant Phone Number 4 agjO5w a9 a, TO BE COMPLETED BY THE OFFICE OF ZONING 2?971/Oc (-4:01 (/-2° Type oPermit Re q' sted - Code Sectia/ t5W)/ /)47:), e i-d#074&47 O ,d i 5-42t (9(i) z7-t•0-A-4 ??1-7,7 Ap-,-4 715 e, Summary of Request Referral issue CITY OF D'IIAMI OFFICE OF ZONING Ph: 303-416-1499 4-14 SW 2'd Ave 4± Floor Miami, FL 33130 w ew.mi2migov com!zoning ate ate 1 City of Miami ZONING REFERRAL .444 Southwest 2nd Avenue, 4th Floor • Miami, Florida 33130 Hearing Boards Division31 Floor REF: )40% 2'72/ l/ate/ 514) Z ��Ya Please provide the following application: M.U-S.P. 11 Variance I1 APPEAL OF CLASS 1 /CLASS II SP.PMT Provide Resolution# Planning Department 3rd Floor MUP INFO Special Exception I y,/�Zoning Change II Amendment to Atlas Other For the. property . . Commission approval required PROVIDE RESOLUTION/FOR VARIANCE OR SPECIAL EXCEPTION OBTAINED r COMMENTS: M46 Z 5.9P e -8 C) THE OFFICE OF HEARING BOARD IS OPEN TO THE PUBLIC FROM 8:00 AM TO 3:OOPM. 7 LANS ' VIEWER NING CHANGES THE APPLICATION HAS TO BE SIGNED BY ALL PROPERTY OWNER. Pu.Iic Hearing Plans must be submitted to the Hearing Boards Division no later than the first day of the last week of the month to be stamped.ands.ubmitted for-reViewd by staff. PrBy AEA & COMPANY, ANY, INC. PROFESSIONAL LAND SURVEYORS AND MAPPERS FLORIDA CERTIFICATE OF AUTNOR24TION Nu. LBW IJIUOSW IJJRD COURT MIAMI, FLORIDA Mims E-MAIL AF4C'O44EUSDUTILN£T PII JIIS-234-038x Abbrevrlatione et, Lament:IL -AVENUE Ayr NSPH SPHALT A/W ANC'IIORD WIRE AN CONDITIONER ILDu R.' w R BLIkK. CORNER CAI. CALCULATED C.O. -CATCH BASIN C'LF AMAIN LINK FENCE CONC. •CUNCRLTE COL -COLUMN C.U.P.-CONCRETE UTILITY POLE C.L.P. CONCRETE LIGHT POLE CBS NONCRLTE BLOCK STRUCTURE C.M.E. =CANAL MAINTENANCE EASEMENT DM • =DRIVEWAY D.M.E =DRAINAGE.MAINTENANCE EASEMENT -ENCROACHMENT 6T.P -ELECTRIC TRANSFORMER PAD FBI. =FLORIDA POWER AND LIGHT ELL -FIRE HYDRANT F.LP. •FOUND IRON PPE FF. -FINISH FLOOR DWF -FOUND DRILL HOLE F.R. =FOUND REBAR FID =FOUND DISC FIN -FOUND NA. VF =OWN FENCE LAKE MAINTENANCE EASEMENT L.F.E. -LOWEST FLOOR ELEVATION L.P. -LIGHT PULE MEAS. =MEASURED MN. =MANHOLE M. •MONUMENT LINE N.CIV.D, =NATIONAL GEOOLTIC VERTICAL DATUM TO SCALE ON -OVERHEAD ELECTRIC LINE 0. UN I.ME P.C.P. - PERMANENT CONTROL POINT P.M. -PARKING METER •PAINT OF CURVATUIU, PAVPARKWAY PL.-PLANTER P.00 - POINT OF COMMENCEMENT PO -POINT OF IBIOINEINO RADIUS • RI'SIDENCT OF WAY s.D.II. RIC:IIT SLY DRILL. HOLE MN Y NAIL. SET IRON PIPE SOWIS -SIDEWALK ST STREET UTILITY EASEMENT WN Wool, FENCE VALVE uIE YI WOOD FENCE IRON FENCE. gmameniancra BS WALL CHAIN LINK FENCE OVERHEAD ELEC —'—'— CENTERLINE EASEMENT t • - DENOTES ELEVATIONS BDILDINU -DISTANCE NATCH BASIN wATER METER STATE 0.u. -US1110IIWAY INTERSTATE •MONITORY WELT. -:13D o , nci S'v 1 �� Cipapi io Sale 1" = 50' 7 Si eet 2 of 2 atalDr.Dviationt. et Ecug0Fx0l. Lucatrea =tutor, 8i.�"i-=" CERTIFIED ONLY 3O: 1.41/135 Tmrycal lAstanic CA.) PROPERTI'.IDDRFSS: 27.5919x..712.cam 1,41..11.4433133 IRI 54911m.9121. Ave. 141m1,1.6. 33133 LEGAL DESCRIPTION: L. 1.2, 3.4, 5.9.7.4.9 & IIL 81ock 23 of:'MUTE OAT ESFA'IFS' according LoaIIDe PWITI& 1m R¢wt d in PIA Wok 5. Pegs 54 al'Ilw Public Reconls Miemi4ade CwaIY, flutiAL ELEVATION INFONMATIOY A'W..ml Flea homma e Prop4nerst FEILI Elev. Nefer.ce m NL'I'll I929 Comm Nucl 121.0 Pausll 04, Finn Zullc: Dulc u1 Firm: 09-II-WOO Sex Flood EL. NIA F.lL.LIv. WA Gang, EL,. NIA Sut➢x: Elm Hc2nmc m NVOD 1929 10134 12-0I DATE 09474813 PR 5-54 AFA & A 6vIwW S.rv.yunh..13.1.1.11.0,105,23.1.0581, W 14N