HomeMy WebLinkAboutPZAB 3-6-13 Supporting DocsPZAB.7
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 13-00079zc 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 "T6-8-O" URBAN CENTER ZONE TO
"T6-12-0" URBAN CORE ZONE, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 121, 123, 127 AND 139 SOUTHWEST NORTH RIVER
DRIVE, MIAMI, FLORIDA, MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Location: Approximately 121, 123, 127 and 139 SW North River Drive [Commissioner
Michelle Spence -Jones - District 5]
Applicant(s):
Zoning:
Purpose:
Iris Escarra, Esquire, on behalf of MV Real Estate Holdings, LLC
333 Avenue of the Americas
Miami, FL 33131
(305) 579-0603
T6-8-O Urban Core Zone
This will change the existing zoning classification from "T6-8-O" to "T6-12-0".
Planning and Zoning
Department
Recommendation: Approval.
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: March 6, 2013
ANALYSIS FOR ZONING CHANGE
Approximately 121, 123, 127, and 139 SW North River Dr.
FILE NO 13-00079zc
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 121, 123, 127, and 139 SW North River Dr Miami, Florida from "T6-8-0" Urban
Center— Open Transect Zone to "T6-12-0" Urban Center— Open Transect Zone.
The subject area is located within the Downtown NET area and consists of four 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
within the same Transect Zone to a greater intensity.
• 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 subject properties are designated "T6-8-0 and are characterized for being:
o Designated with Restricted Commercial FLUM classification.
o Located within the Downtown DRI area
o Designated UCBD (Urban Center Business District)
o Designated Coastal High Hazard Area
• On the other hand, properties abutting to the North and East of the subject properties, and having the same
characterization mentioned above, are designated T6-36-A-0 and T6-36-B-0.
• The proposed rezoning does not require land use change.
Based on the aforementioned findings, the Planning and Zoning Department recommends approval
of the proposal as presented.
FILE NO 1-00077zc
pg. 1
Analysis for ZONING CHANGE
File ID: 13-00079zc
Yes No N/A.
❑ ❑ a) The proposed change conforms with the adopted Miami Comprehensive
Neighborhood Plan and does not require a plan amendment.
® ❑ ❑ b) The proposed change is in harmony with the established land use pattern.
® ❑ ❑ c) The proposed change is related to adjacent and nearby districts.
® ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood
or the city.
® ® ❑ e) The proposed change maintains the same or similar population density
pattern and thereby does not increase or overtax the load on public facilities
such as schools, utilities, streets, etc.
® ❑ ❑ f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
❑ g) Changed or changing conditions make the passage of the proposed change
necessary.
❑ h) The proposed change positively influences living conditions in the
neighborhood.
❑ i) The proposed change has the same or similar impact on traffic and does not
affect public safety to a greater extent than the existing classification.
® ❑ ❑ j) The proposed change has the same or similar impact on drainage as the
existing classification.
® ❑ ❑ k) The proposed change has the same or similar impact on light and air to
adjacent areas as the existing classification.
® ❑ ❑ I) The proposed change has the same or similar impact on property values in the
adjacent area as the existing classification.
® ❑ ❑ m) The proposed change will contribute to the improvement or development of
adjacent property in accord with existing regulations.
❑ ❑ n) The proposed change conveys the same treatment to the individual owner as
to owners within the same classification and the immediate area and furthers the
protection of the public welfare.
® ❑
❑ o) There are substantial reasons why the use of the property is unfairly limited
under existing zoning.
® ❑ ❑ p) It is difficult to find other adequate sites in the surrounding area for the
proposed use in districts already permitting such use.
c
13
South
River
Drive
'gin 171D ST
0
T4=R
SW 3RD ST
150
MIAMI 21 MAP (EXISTING)
U
ce
T6-8 0O
T678-O
w
300
600 Feet
NW 1ST ST w
N
CI
Miami Rivers
c Greenway
Regulatory Design
Standards
ADDRESS: 121, 123, 127 &139 SW NORTH RIVER DR
c
13
South
River
Drive
'gin 171D ST
0
T4=R
SW 3RD ST
150
MIAMI 21 MAP (PROPOSED)
U
ce
T6-8 0O
T678-O
w
300
600 Feet
NW 1ST ST w
N
CI
Miami Rivers
c Greenway
Regulatory Design
Standards
ADDRESS: 121, 123, 127 &139 SW NORTH RIVER DR
0
150 300
600 Feet
I 1 1 1 1 1 1 1 I
Address: 121, 123, 127 & 139 SW North River Drive
REZONING APPLICATION
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTIO8/3JA J�
444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 AN jo: 54
www.miamigov.com/hearinq boards
LvED
PL ANNING D ,A-R T N -
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 (81/zx11 ") 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
MIA 1R2 72P R1.5v1 P-25-17
2
NING APPLICATION
Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information.
Applicant(s): iris Escarra, Esquire on behalf of MV Real Estate Holdings, LLC, as owner
1. Subject property address(es) and folio number(s): approx. 123 SW N River Drive, 121 SW North
River Drive, 127 SW N. River Drive and 139 SW N. River Drive
Folio No. 01-0113-090-1140, 01-0113-090-1150, 01-0113-090-1170 and 01-0113-090-1180
2. Present zoning designation(s): T6-8 0
3. Proposed zoning designation(s): T6-12 0
4. 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.
5. One (1) original, two (2) 11x17" copies and one (1) 81/2x11 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.
6. 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.
7. 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.
8. At least two photographs showing the entire property showing land and improvements.
9. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
10. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
11. 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.
12. Certified list of owners of real estate within 500 feet of the subject property.
13. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
14. Original Public School Concurrency Management System Entered Requirements form.
15. The subject property(ies) cannot have any open code enforcement/lien violations.
Rev. 07-2012 3
MIA 1 R2 72P R1..Sv1 Q_2.' -12
REZONING APPLICATION
16. What is the acreage of the project/property site? approx. 0.45 acres
17. What is the purpose of this application/nature of proposed use? Change of zoning designation
from T6-8 0 to T6-12 O.
18. 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. naR-
19. 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
20. What would be the anticipated duration of the presentation in front of the:
X Planning, Zoning and Appeals Board 30 mins and/or X City Commission 30 mins
21. 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
Minimum (Assumes a 5,000 square -foot lot)
b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80,
Per square foot of net lot area
Minimum
c. Advertising
d. School Concurrency Processing (if applicable)
e. Mail notice fee per notice
$ .50
$ 2,500.00
CI -HD:
$ .70
$ 5,000.00
$ 1,500.00
$ 150.00
$ 4.50
f. Meeting kage iling fee per package $ 6.00
*Fees over $2 �0 00, s // be .ai. in the f• m of a certified check, cashier's check, or money order.
Signature �I / �, ' Address 333 Avenue of the Americas
Name Iris Escarra, Esq. Miami, Florida 33131
Telephone 305-579-0737 E-mail escarrai(c�gtlaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
T e foregoing was acknowledged before me this l day of JC61(jfl
20 1 1 , by Iris Escarra, Esquire
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who did {slid not) take an oath.
(Stamp)
Rev. 07-2012
MIA 1137 77A R1.5v1 A-2.5-12
Sigflgture
.1 Notary Public - State of Florida
My Comm. Expires Sep 27, 2014
Commission # EE 30092
MARISOL RODRIGUEZ
4
ANALYSIS
Property: Approximately 121, 123, 127 AND 139 SW North River Drive
Current Zoning: T6-8 0
Proposed Zoning: T6-12 0
This is a request for rezoning from T6-8 0 to T6-12 O.
The properties are located within the within the Downtown Net Office, and consist of
four (4) parcels comprising of .45 acres which front SW N. River Drive.
Miami 21 allows T6-8 0 properties to be rezoned to the classification in this case T6-12
O and complies with Article 7, Amendment to the Miami 21 Code, 7.1.2.8. successional zoning.
The properties are consistent with the Miami Comprehensive Neighborhood Plan. We are
not requesting any modification to the current comprehensive plan designation.
The permitted density under the current designation and the proposed are the same.
The property is bounded by the curvature of I-95, the West Flagler bridge and one street
over from the Miami River.
This designation will allow for an increase in the Floor Area Ratio from 98,695 s.f. to -
158,360 s.f., as the multiplier will slightly increase from 5 to 8, which is still much lower than
the abutting T6-36 and D3 abutting districts. Therefore, it is in scale with the immediately
adjacent properties.
This rezoning will not change the permitted uses but will only relax the development
parameters thus allowing for a better architecture that is compatible and revitalize this area.
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City of Miami
- Zoning Application
Page 1 of 1
E orop&rtv Address
Search
:23 SW NORTH RIVER DR
Select map layers to display.
Base Map Layer:
t.) Streets (!) Aerial LJ Hybrid
Miami Layers:
Layer Transparency&
Miami 21
U Established Setbacks
;_ A Area Specific Designation
+i Special Area Plans
A Design Guidelines
LA Primary Zoning
() 11000 Zoning Ordinance
(No longer valid)
Future Land Use
Existing Land Use
M4.► __ . (f
http://maps.miamigis.com/MiamiZoningSite/
1/24/2013
0 2'
4 �tle.
\„ x, /
City of Miami
Public School Concurrency
Concurrency Management System Entered Requirements
Applicant Fields
Information
Application Type
Public Hearing
Application Sub -Type
Zoning
Application Name *
MV Real Estate Holdings
Application Phone *
(305) 984-4861
Application Email *
alex@mvreh.com
Application Address *
123 SW N River Drive
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
ggay@miamigov.com
Local Govt. App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-0113-090-1140
Additional Folio Number
1150, 1170, 1180
Total Acreage *
0.45
Proposed Land Use/Zoning *
T6-12 0
Single -Family Detached Units *
0
Single -Family Attached Units (Duplex) *
0
Multi -Family Units *
67
Total # of Units *
67
Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local
government has provided vested rights; or for an already improved property which does not have to be re -platted as
deemed by the local government. The number of units to be input into the CMS is the net difference between the existing
vested number of units and the newly proposed number of units.
Example: an existing 20-unit structure will be 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 *
/1 \ 6
Iris Escarra, Esquire
Owner(s)/Attorney/Applicant Name
Owner(s)/Attorney/Applicant Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE /, �jn , ' ,L�
The foregoing was acknowledged before me this �� day of �r U
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 an oath.
(Stamp)
..41...diS.igxtature4. ea....,*....,
"` 6' MAriiSOL NODRIGUEZ
+ ,•,. 2 Notary Public - State of Florida
t`ti :. j My Comm Expires Sep 27, 2014
c':'omission # EE 30092
EXHIBIT "A"
PROPERTY LOCATION:
Vacant parcel located East of S.W. North River Drive, North of S.W. 2nd Street, South of
(Ramp) S.W. 1st Street, and West of Expressway I-95, Miami, Florida 33130.
LEGAL DESCRIPTION:
Lots 11, 12, 13, 14, and 15, Block 139, North, City of Miami, according to the plat thereof,
recorded in Plat Book A, Page 54 of the Public Records of Miami —Dade County, Florida; Less
and Except that portion lying East of Right of Way for I-95.
REZONING APPLICATION
AFFIDAVIT OF AUTHORITY T 0 ACT
Before me this day, the undersigned personally appeared Iris Escarra, Esquire
, who being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, submitting the public hearing
application as required by the Code of the City of Miami, Florida, affecting the real property located
in the City of Miami, as listed on the foregoing pages.
2. That all owners who he/she represents, if any, have given his/her full and complete permission for
him/her to act in his/her behalf for the change or modification of a classification or regulation of
zoning as set out in the foregoing petition, 0 including or X not including responses to day to day
staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names,
mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is
the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant sayeth not.
Iris Escarra
Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1 I1 day of MADW
20 « , by Iris Escarra, Esquire
who is a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is personally known to or who has produced
as identification and who did ( I t) take an oath.
iLt0A
(Stamp)
Signature
4
`nv �,,,•
MARS!!! R00RIGUEZ
Notary Public State of Florida
My Cornm Expires Sep 27, 2014
Commission # EE 30092
Rev. 07-2012
5
111111111111111111111111111111111111111111111
This instrument prepared by:
Daniel Sanchez-Galarrraga, Esq.
Sanchez-Galarraga, P.A.
1313 Ponce de Leon Blvd., Ste. 301
Coral Gables, Florida 33134
QUIT -CLAIM DEED
CFN 2u 12RO7 13374-
OR Bk 28303 Ps 0137; (ipe)
RECORDED 10/05/2012 16:00:16
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVIN► CLERK OF COURT
MIAMI—DADE COUNTY, FLORIDA
LAST RAGE
This Quit -Claim Deed, is executed this 19th day of July, 2012, by and between Alexis
Mantecon, a married man, whose address is 3267 Riviera Drive, Coral Gables, Florida 33134,
Grantor, to MV Real Estate Holdings, LLC, as Trustee of 115 Land Trust dated 07/19/2012, with
power to protect, conserve and sell or lease and encumber or otherwise to manage and dispose of
subject real estate, whose address is 13943 SW 140 Street, Miami, Florida 33186, Grantee:
WITNESSETH:
That the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), in hand
paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and
quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the
Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in
the County of Miami -Dade, State of Florida, to wit:
Lot 13, 14, and 15, Block 139 North, City of Miami, according to the Plat thereof,
as recorded in Plat Book A, at Page 54, of the Public Records of Miami -Dade
County, Florida.
To Have and to Hold the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof
of the said Grantee forever.
Grantor, does hereby certify that neither he or any of his dependents has ever resided upon
the above described property, or any contiguous property, and that the above described property
does not now and has never in the past constituted his homestead.
In tnes1 Whereof, the Grantor has signed and sealed these presents the day and year
first abov tte
Witness_
Barbarol: Alexis Mantecon
Daniel Sanchez-Galarrraga
State of Florida
County of Miami -Dade )
The foregoing instrument was acknowledged before me this 19th day of July, 2012 by Alexis
Mantecon, who is personally known to me.
lotrk Notary Public State of Florida
it
Daniet Sanchez..Galarraga
T My Commission EE024559
orM1 dExpires 11/16/2014
Notary Public, State of Florida
Book28303/Page137 CFN#20120713374 Page 1 of 1
111111111111111111111111111111111111111111111
C iF= t J 2 0 I; (Fc 0 0, 8 OS 9
OR Bi: 28477 hs 0261 - 265; ((Sp9si
RECORDED 02 ; 0,6 /2013 1 37:43
DEED CrOC TAX 1r800.00
SURTAX t r 850. O
ILARVEY RUVIIIr CLERK Of COURT
CIIANI--CADE C)UHTYr FLORIDA
This instrument prepared by or under the supervision of and after
recording return to:
Name: Fiorentino L. Gonzalez, Esq.
Address: Shutts & Bowen LLP
1500 Miami Center
201 South Biscayne Blvd. `?v`;;c ^}•�;!
Miami, Florida 33131
(Space deserved rw Clerk or Court)
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made as of the : day otrrrt., , , 20_J; , b
and between LOS PINARES CORP., a Florida corporation, whose address is: 25 N.E. 25tth
Street, Miami, FL 33137 (the "Grantor"), in favor of MV REAL ESTATE HOLDINGS, LLC,
as Trustee of the 115 Land Trust dated July 19, 2012, whose address is: c/o Sanchez-Galarraga,
P.A., 1313 Ponce de Leon Blvd., Suite 301, Coral Gables, FL 33134 (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)
WITNESETH:
That the said Grantor for and in consideration of the sum of TEN AND
NO/100--($10.00) DOLLARS and other good and valuable consideration, the receipt whereof
is hereby acknowledged, hereby grants, bargains, sells, alienates, remises, releases, conveys and
confirms unto the Grantee, the following described land situate, lying and being in Miami -Dade
County, and the State of Florida, to wit:
The land described on Exhibit A hereto.
SUBJECT TO:
1. Taxes and assessments for the year 2012 and subsequent years which are not yet
due and payable.
2. Any claim that any portion of said lands are sovereign lands of the State of
Florida, including submerged, filled or artificially exposed lands accreted to such
lands.
3. Any and all rights of the United States of America and the State of Florida in and
to navigable waters or filled -in land formerly within navigable waters and any
conditions contained in any permits authorizing the filling in of such land.
4. That certain Declaration of Restrictive Covenants in Lieu of Unity of Title dated
as off-, .;.ej,b r- , 20si, by and between RIVER PLAZA CORP., a Florida
corporation, LOS PINARES CORP., a Florida corporation, and MV REAL
ESTATE HOLDINGS, LLC, as Trustee of the 115 Land Trust dated July 19,
2012.
5. Matters appearing on the Plat showing New Location of North River Drive from
l3th Street to Avenue G, recorded in Plat Book 4, Page 164, of the Public
Records of Miami -Dade County, Florida.
6. Matters appearing on the Plat recorded in Plat Book "A", Page 54, of the Public
Records of Miami -Dade County, Florida.
7. The following state of facts as disclosed by that survey prepared by South
Peninsula Surveying, Corp., dated September 27, 2012, under Job No. 125762:
a. Asphalt drive extends beyond the Easterly boundary of Parcel 1.
b. Concrete driveway along the Westerly boundary extends beyond said
boundary.
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 specially warrants the title of said land, except as noted above,
and will defend same against the lawful claims of all persons claiming by, through or under the
Grantor, but against no others.
[SIGNATURE PAGE FOLLOWS]
2
IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal
the day and year first above written.
Signed, sealed and delivered in the presence
of these witnesses:
Print Name: /nthern r
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
GRANTOR:
LOS PINARES CORP., a Florida
corporation,
By:
it c, e et, ty.r(y Print Name: Laura Ferreira de Melo
Title: President
ss:
[CORPO.RATE SEAL]
The foregoing instrument was acknowledged before me this r day of !\-i'W
20P; by Laura Ferreira de Melo as President of LOS PINARES CORP., a Florida corporation,
on behalf of the corporation. She personally appeared before me and is personally known to me
or has produced a driver's license as identification.
[NOTARIAL SEAL]
,n
SARA OQUENDO
MY COMMISSION # DD932990
EXPIRES December 22, 2013
(407)3AB-0153 FlorfdatbteryServioe.com
Print ame:
Notary Public, tate of
My Commission Expires:
Commission No.
3
( 4l`�
orida
EXIIIBIT A
Parcel 1:
Lot 11, in Block 139 North, of the City of Miami, Florida, according to the Plat made by A. L.
Knowlton C. F. and recorded in Plat Book "A", Page 54, of the Public Records of Miami -Dade
County, Florida.
LESS
Begin at the Northeast corner of .Lot 11, Block 139, City of Miami, North, according to the Plat
recorded in Plat Book "A", Page 54, of the Public Records of Miami -Dade County, Florida;
thence run Southeasterly 37 '/s feet along the Western line of Lot 10 of said Block 139, thence in
a Southwesterly direction to a point on the Eastern boundary of North river Street as shown on
said Plat, said point being 75 feet Northwesterly from the Southwest corner of Lot 12 of said
Block 139, thence Northwesterly along the Eastern side of said North River Street 75 feet to the
Northwest corner of Lot 11 of said Block, thence Easterly along the Southerly line of 13th Street
a distance of 144.4 feet to a POINT OF BEGINNING, more particularly described as follows:
Begin at the Northeasterly corner of said Lot II of said Block 139, thence South 32°04' 11" East
37.83 feet along the West line of Lot 10 of said Block 139, thence South 73°50'22" West 22.17
feet, thence North 20°28'56" West 32.40 feet, thence North 2°20'34" West 7.5 feet to the North
line of said Lot 11, thence North 87°39'26" East 13.44 feet along said North line to the POINT
OF BEGINNING.
Also Known as:
Begin at the Northeast corner of Lot 11, in Block 139 North, Subdivision of that portion of the
City of Miami lying South of 12th Street West of Avenue G and East of the Miami River
recorded in Plat Book "A", at Page 54, of the Public Records of Miami -Dade County, Florida;
thence run Southeasterly 37 '/Z feet along the Western line of Lot 10 of said Block 139 North,
thence in a Southwesterly direction to a point on the Eastern boundary of North River Street as
shown on said Plat, said point being 75 feet Northwesterly from the Southwest corner of Lot 12
of said Block 139 North, thence Northwesterly along the Eastern side of said North River Street
75 feet to the Northwest corner of Lot 11 of said Block 139 North, thence Easterly along the
Southerly line of 13th Street a distance of 144.4 feet to a POINT OF BEGINNING, being part of
Lots 11 and 12, of Block 139 North of the aforesaid subdivision, subject however to the
Dedication from Street purposes of all that part of the above described land lying within North
River Drive now known as S. W. North River Drive, as the same is shown on the Plat of New
Location of North River Drive from 13th Street to Avenue G, Miami, Florida, according to the
Plat thereof, as recorded in Plat Book 4, at Page 164, of the Public Records of Miami -Dade
County, Florida.
And less therefrom the following described parcel:
4
M1AfOCS 6990968 1
OR BK t' 23477 PG 0265
LAST PAGE
Begin at the Northeasterly corner of said Lot 11 of said Block 139 North, thence South
32°04' 11" East 37.83 feet along the West line of Lot 10 of said Block 139, thence South
73°50'22" West 22.77 feet, thence North 20°28'56" West 32.40 feet, thence North 2°20'34"
West 7.5 feet to the North line of said Lot 11, thence North 87°39'26" East 13.44 feet along said
North line to the POINT OF BEGINNING.
Parcel 2:
Begin at the Southeasterly corner of Lot 12 of Block 139 North, Subdivision of that portion of
the City of Miami Tying South of 12th Street, West of Avenue G and East of the Miami River,
recorded in Plat Book "A", at Page 54, of the Public Records of Miami -Dade County, Florida.
Thence Southwesterly along the Southeasterly boundary line of said Lot 12 of Block 139 North
to a point located on the Northeasterly line of North River Drive, thence run Northwesterly along
the Northeasterly line of North River Drive a distance of 75 feet to a point; thence in a
Northeasterly direction to a point on the Northeasterly line of Lot 12, of Block 139 North, said
point being 37.5 feet Northwesterly from the POINT OF BEGINNING, thence Southeasterly
along the Northeasterly line of Lot 12 of Block 139 North a distance of 37.5 feet to the POINT
OF BEGINNING. Being part of Lots 11 and 12 of Block 139 North of the aforesaid subdivision,
subject however to the dedication for Street purposes of all that part of the above described land
lying within North River Drive now known as S.W. North River Drive, as the same is shown on
the Plat of New Location of North River Drive from 13th Street to Avenue G, Miami, Florida
according to the Plat thereof as the same recorded in Plat Book 4, at Page 164, of the Public
Records of Miami -Dade County, Florida.
And less therefrom the following described parcel:
From the POINT OF BEGINNING as above established at the Southeasterly corner of the
aforesaid Lot 12, Block 139 North, run Southwesterly (South 57°55'28" West) along the
Southeasterly boundary line of Lot 12 a distance of 30.97 feet; thence run North 20°28'56" West
a distance of 45.14 feet to a point on the North line of the aforesaid described parcel; thence run
North 73°50'22" East along the said North line 22.17 feet to the Northeasterly line of Lot 12;
thence run South 32°04' 11" East a distance of 37.98 feet (Deed 37.50 feet) to the POINT OF
BEGINNING,
MIADOCS 6990968 1
STATE OF FLORIDA, COUNTY cf L.MDE
1J•iERELiYCEfdiJ: 1'6 r'thisiea1a_7hr pyrHlt.e:
r:,;21, i
5 lad`l:l •SS!iifhod:rk:C
HARVE'i Ri;VIN, CL'rOro
;;'
REZONING APPLICATION
DISCLOSURE OF O WNERSHIP
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) MV Real Estate Holdings, LLC as Trustee of 115 Land
Trust dated 7/19/12
Percentage of Ownership MV Real Estate Holdings, LLC as Trustee of 115 Land Trust dated 7/19/12
sole beneficiary is MV Real Estate Holdings, LLC which is owned 100% bv: Alexis Mantecon 50% and
Guillermo Vadell 50%
Subject Property Address(es) 121, 123,127 and 139 SW N River Drive
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):
114 SW N. River Dr. Lot 13, Blk 139
300 SW 2 Street Lots 14 and 15, Blk 139
200 N. River Drive Lot 9, Blk 140
IfiexiS
Owner(s) or Attorney Name Owner(s) or Attorney Signature
STATE OF FLORIDA — COUNTY OF MIAMI-DADE
The foregoing was asclgiowledged befQr�e me this zS
20 13 , by f 2. �isni n n `I� c
day of
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)
Rev.07-2012
_ varillinalmilar.
:nY "�9( ... MARISOL RODRIGUEZ
? Notary Public - State of Florida
F
ii . Y My Comm. Expires Sep 27, 2014
"`?� Commission # EE 30092
Signature
6
CITY OFMIAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
Al eX ►S ./1/161/tecsn
(First Name) (Middle) (Last Name)
HOME ADDRESS:
3a 67 Prt✓)ere‘ Dr
(Address Line 1)
CITY: Co r i G 'I kI e3
HOME PHONE:
(Address Line 2)
STATE: ZIP: S S/ 5 it
CELL PHONE: 30 5 - g'i (,fib/ FAX:
EMAIL: I e j PAl V /I E H. C®.'l
BOSSINESS or APPLICANT or ENTITY NAME
MV Real Estate Holdings, LLC as Trustee of 115 Land Trust dated 7/19/12
BUSINESS ADDRESS: 13943 SW 140 Street
(Address Line 1)
Miami, Florida 33186
(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 rezoning for properties at approximately 121, 123, 127 and 139 SW N. River Drive
2. Ilas any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES ® NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a. n/a
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
n/a
5. Describe what is being requested in exchange for the consideration.
n/a
I hereby acknowledge that it is
Ordinance 12918 and such circumvention
or civil penalties that may be imposed
disclosure requirement was not
1. the application
effect; and
2. no application
considered
nullification
PERSON SUBMITTING DISCLOSURE:
ACKNOWLEDGEMENT OF COMPLIANCE
unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
shall be deemed a violation of the Ordinance; and that in addition to the criminal
under the City Code, upon determination by the City Commission that the foregoing
fully and timely satisfied the following may occur:
or order, as applicable, shall be deemed void without further force or
from any person or entity for the same issue shall be reviewed or
by the applicable board(s) until expiration of a period of one year after the
of the application or order.
Signature
/4Ie /S /1/1014174ecvvl
before me this � day of
Print Name
Sworn to and subscribed
instrument was acknowledged
. 200 13 . The foregoing
before me by ID/'1'7on , who has produced
as identification and/or is personally known to me and who did/did not take an oath.
STATE OF FLORIDA
—
CITY OF MAMI — — — 1
MY COMMISSION
EXPIRES:
.o0Y P"MARISOL RODRIGUEZ
= Notary Public • State of Florida
otaty
Enclosure(s)
sq • r F y
, Commission # EE 30092
rint Name
Page 2
Doc. No.:86543
_ — — — — —
City of Miami
ZONING REFERRAL
.444 Southwest 2nd Avenue, 4th Floor
Miami, Florida 33130
Hearing Boards Division ae2Floor
REF: /23 S' �Y /�/ ,eiveR D3 .
Please provide the .following application:
1
Planning Department 3rd Floor
MUSP INFO
Variance Special Exception Zoning Change
APPEAL OF CLASS 1 /CLASS II SP.PMT
Provide Resolution# For the, property (Commission ap
proval required
PROVIDE RESOLUTION/FOR VARIANCE OR SPECIAL EXCEPTION OBTAINED
Other
COMMENTS:
Amendment to Atlas
=/i 7 D 7'6'—/2
THE OFFICE OF HEARING BOARD IS OPEN TO THE PUBLIC FROM 8:00 AM TO 3:OOPM.
/4
G PLANS ' EVIEWER
F0 ZONING CHANGES THE APPLICATION HAS TO BE SIGNED BY ALL PROPERTY OWNER.
Public 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 stampedand-submitted forTeviewd by staff.
0//� /3
Da e
\\\ NORTH
wJb 9 ° ° o oN ))-
.°r39)A
OA' `jZ9
O
4�
RAMP S.W.1st STREET
EASING n
pvEMifAD r P. v, INK - `n SIDEWALK -
AD p.
sotto CAB Cu_R
/ 0/YE
PORTION
Ocaia�Tiox/
m1x0
OF LOT 12
lav, _BPLAT
BLOCK 139 NORTH
ar P.B. "A" PG. 54
VACANT
CONTAINS A
NET AREA OF
-- 19,795 SQUARE FEET
wwlipi a d:0.45 ACRES .
0 I.O. PORTION
OF LOT 13
BLOCK 139 NORTH
P.B. "A", PG. 54
PORTION
OF LOT 14
CLP BLOCK 139 NORTH
ROX/2'E
o I.D.
5 MAPPED (ZONED) STREET LINE
G Y CITY ATLAS SHEET NO. 36K
CONC. CURB \
DAMAGE
PORTION \\
OF LOT 13
BLOCK 139 NORTH \
FOUND
MON PIPE2 s
yc
,
0
\
PORTION
OF LOT14
BLOCK 139 NORTH �,
CP.\
0A1N /L1 \
\
PORTION
OF LOT15
BLOCK 139 NORTH I
ND 1,2,
Mow PmE
REET
LOT 9, BLOCK 140
(A.B.4, PG. 140)
ICEJT-GHr OPMUMMY'
PREPARED BY:
GUNTER GROUP, INC.
LAND SURVEYING - LAND PLANNING
FLORIDA CERTIFICATE OF AUTHORIZATION N0. LB 4507
9350 S.W. 22nd TERRACE
MIAMI, FLORIDA 33165
(305) 220-0073
SCALE V' = 20'
ABBREVIATIONS: LEGEND:
N. i. AND DISC • -
(M) .EA9IBFD 4 -
(A) LECORO Epp • - Par.
(we) xatwTE°
- MEEK 0.2 N
ANDOIS
aiAw uxK FENCE _ saNuv Anwl
CONC. LONCRETE pygHg
FLAT BOOK - NwdENT D.
PG. FL
I.D. DENnrICAHON
Nn: p MBES
(Tap) ImCAL
PROPERTY LOCR10N:
Vacant pored lacteal But or S.H. Nb.W River Drive, North of S.W. 2nd Street, South of
(Ramp) S.B. 14 Stree4 end (feet of Expressway I-05, Miami, Florida 22130.
LEGAL DBSCRIPTON:
Inca II. ID, 12 l6 and 15, Block 199, North, City of Miami. aecordlog to the plat thereof,
cord. in Pict Book A, Page 54 of the Public Records of Miami -Dade County,Florida; Less
Ps,xcd Eept the portion Vint( Fast of Right of Tay for 1-65.
FOR:
NV REAL ESFA'6 HOLDINGS ILC.
SURVEYOR'S NOMA
I) Thm survey we conducted Mr the purpose o"Boundary Sorray' only and la not
Intended to delineate the regulatery juninnetiov of any federal, state. regional or local
agency, beard, eommieelon oroLher entity.
Theaccuraq
obtained byr
m and c •
calculation. on this survey, m and
exceeds mum the MiniTechnical Standard. requirements fora Suburban area (l foot In
7.500 feet) as rpeellied m Chaps 51-17, Florida Adminletmtive Code.
21 Beart,e shwa hereon are based , e4 meridiem of 392.62'31`e along the
bound,Weatarly awe of the subjwt p
4) Legal scrbdon s provided by the lien( and le subject m any edleatioee.
limitations, dr .riN ne reservations or suemevts I record.
tinn of the Abstract f Title will have to be made to determine recorded
instruments, i1 any effecting the property: scorch of Public Record• net performed by this
office.
effort Ins made by this office t0 locate any underground uullilea and/or structures
thin or Binding the subject property oo
0) This su ey hoe beam prepared for the v.clusive use of the .260.. named here,, only
a d We ttrlMation. hereon do vot egmnd b any unnamed pestles.
5) Elevations now, referred m N.G.V. Datum 102B, benchmark used City of Miami. located
on S.E. corner of S.R. tat Street and S.R. 1022 Avenue, elevatin del feet, converted to
National Geode. Vertical Datum (N.G.VD. 1028) Elea.: 5.32 feet.
9) According h the National Flood memrance Program the subject property folio in
Comm., No 120550, Panel No. 0914, Suffla 'L', Dale of PMM 00-11-2000, Flood Zone
T.T. Base Flom Elevation: D.00 tech
10) Contact Wr appropriate autboritiee pr. m any dedE, work on the ,Oren —described
parcel for loadBuil.. a, owing orma7om.
l lUt ro' load land Surveyor and Mapper In responsible charge: Rolando Orli. 1S .12,
12) This S ,rid,.
Land Surveyorr P is not d Na ,did without the signature end the revel( seal of a Florida Licensed
n pper.
t hereby certify m 11V Real Estete Holdings LLC that th0 Sketch of Ronda. Survey of the
described property ' and correct to the best of my knowledge and belle(. as recently
surveyed d platted under my l direction; alsCode,
a al meet. the Minimum 47L Technical Standards
Chapterset 5d-17. Florida dminisVatiVe o e, pmanant to Section yloride
Statutes.
Revived Area: 12-10-2012
Bate: 00-20-2012
lob Nos 11-25010-A
Sketch No. 28901-A
By: Be cede Orti. IS 4312
Professional Laval Surveyor
SE Mapper, Stale of Florida