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Appeal by Appellant for PZAB
Appeal Package Submitted by Appellant for Planning, Zoning and Appeals Board SAVAGE LEGAL r{,� Eo ma A IA AVENUE. SurrE 220 PL ANN" I' " r Jlv1 IN l• CORRAL. GABLES, FLORIDA 33134 WWW.SAVAGELEGALCOM 13 AUG 27 AM 33 -/ Pawl C. Savage Tel. 305.444.7188 Fax 305.444.7186 Pau1@)SavageL,egat.Uom August 27. 2013 BV HAND DELIVERY Anel Rodriguez Clerk, Hearing Boards Administrative Assistant II, Hearing Boards Department of Planning and Zoning, Hearing Boards Section City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 Re: Appeal of Warrant and Determination of the Director of the Planning and Zoning Department: Class Q Special Permit Issued to Vital -Mart Stores, East, LP for Property at or near 3055 N. Miami Avenue (the "Property") Dear Mr. Rodriguez: I am writing on behalf of the interested and aggrieved persons and entities listed on the attached list of Appellants. to submit this letter as an appeal in accordance with: Article 18 of Zoning Ordinance 11000 (alkal the "Zoning Ordinance") and/or Article VTI and Section 7.1.2.4(e) (Warrant) and/or Section 7.1.5(b) (decision of the Planning Director) of Zoning Ordinance 13114 (a/k/a "Miami 21"). The item appealed is the City of Miami Class I1 Special Permit issued for this Property.' With its Application to the Director of the City of Miatni Planning & Zoning Department (the "Director"). the Applicant sought administrative approval for Wa1-Mart store with 184.370 square feet, which store is to feature grocery and garden departments (the "Wal-Mart" or the "Project").`' The proposed Wal-Mart is situated within the Midtown Miami West district under the Zoning Ordinance and Miami 21 (the "District"). The Director granted the Application on. August 12, 2013 by issuance of the Permit. Section 1305 of the Zoning Ordinance requires compliance "with all applicable criteria" before a Class II Permit may issued. A conditional approval Class II Permit may be issued if See Exhibit A (City of Miami Class II Special Permit Final Decision for File No. 12-0054 and dated August 12. 2013). See Exhibit B (Application to the Director for a Class II Special Permit dated August 21, 2013, cover pages only). And Rodriguez. Clerk, Hearing Boards August 27. 2013 Page 2 conditions are required to bring the Application into compliance "with all applicable criteria." Id. The Zoning Ordinance and the corresponding Miami 21 provision make perfectly clear that the very purpose of the Class 11 Special Permit is to -ensure conformity of the application with the expressed intent of this district, with the general considerations listed in section 1305, and with the special considerations contained in the Design Standards." § 627.2.3.2, Zoning Ordinance and § 627.2,3.2, Appendix C, Miami 21 (emphasis added). This Appeal will explain that the Permit is in nun -conformity with the governing Code and law for several reasons, including: (1) the Permit unlawfully grants variances, and by doing attempts an end -run around the additional Board review and public input that occur when the normal variance or Major Use Special Permit process is followed; and (2) the Application suffers from certain legal infirmities such as purporting to be a single project when in fact the project encompasses two projects over three parcels, each owned by a different owner. In bringing this Appeal and alleging the Project's non -conformity with the governing Code requirements, the Appellants stand on the shoulders of the learned members of the Urban Design Review Board ("'UDRB"). This Board examined this Project and Permit Application and. voted against this Permit after finding it in non -conformity with the Code's requirements by ail- 0 vote at a Special Meeting on the Project on February 20, 2013. ,Instead of addressing the valid concerns voiced by the UDRB, the Permit is silent an them. I. The Permit Unlawfully Grants Variances from the Governing Code Requirements. The issuance of the subject Class 11 Permit accomplishes an unlawful end -run around a critical point of entry for Board review and public input the variance and Major Use Special Permit process. The Class 11 Permit. as issued, approves features of the Project that directly violate and contradict the requirements of the Code, and thus the Class 0 Permit operates to grant de -facto variances. This, of course, is disallowed. The governing Code provisions are peppered with the well -established canon of Florida law that variances must go to public hearing. The Zoning Ordinance provides: 'it is the intent of this zoning ordinance that the zoning administrator has no authority to relax the terms of this ordinance. Authority, to grant variances is lodged in the Tuning hoard, subject to procedures and standards set out in this zoning ordinance and applicable Florida Law." § 1903, Zoning Ordinance (emphasis added). "Any variances (as defined in Article 19) sought from the provisions of the SD 27 regulations shall require such deviation to be considered within the process for a Major Use Special Permit as defined in Article 17 ...." § 627.2.3.2, Zoning Ordinance and corresponding section of Miami 21 (emphasis added). "For applications involving zoning changes, Special Exceptions and/or variances the Director of the Department of Planning and Zoning shall submit his/her recommendations first to the Zoning Board and then to the Planning Advisory Board at properly noticed regularly scheduled public hearings of the boards." § 1702.6, Zoning Code (emphasis added). By a unanimous vote of 6-0, the UDRB Board members determined that the proposed Wal-Mart Project did not conform to Code requirements (and thus would require variances SAVAGE LEGAL Anel Rodriguez, Clerk, Hearing Boards August 27, 2013 Page 3 before it could be approved in its current form). Instead of proceeding in line with this determination and with the foregoing provisions requiring additional hearings and public input, the Permit issuance runs roughshod over them. The Appellants will next enumerate those de - facto approvals within the Class II Special Permit that constitute variances. Non -conformity No. 1: SD 27.2 Design Standard Article 111, § 23: Scaling Elements. As set out previously, both the Zoning Ordinance and Miami 21 mandate conformity with the Design Standards in connection with review of a Class I1 Special Permit. § 627.2.3.2, Zoning Ordinance and § 627.2.32, Appendix C. Miami 21. Design Standard 2.3 provides: "Avoid undifferentiated blank walls" and goes on to provide: "Large. blank surfaces and non - modular panels, such as concrete panels and stucco, are discouraged unless they have a compelling design purpose. This is especially true at the ground floor level which requires additional detail and visual amenities." Id. at Page 26 (emphasis added). The proposed Wal- Mart Project has a featureless precast concrete multi -story wall along the South Elevation (which will be viewed upon approach from the South on North Miami Avenue).3 Not only will the three-story concrete wall be visible from those approaching from the South on North Miami Avenue or Midtown Boulevard, but the proposed featureless wall will abut two parcels to the South that are to he used exclusively as public space for the use and enjoyment of the public.-4 It is alarming that on the sole frontage of the Project that will abut a parcel legally designated for the public's use and enjoyment, the Applicant has invested the least improvement or differentiation. This less -than -minimum cost-cutting approach violates the express governing Code provisions and exhibits a lack of sensitivity to the public who will approach and interact with the South side of the Proposed Project. Non -conformity No. 2: SD 27.2 Design Standard Article III § 2.4: Building Continuity. Both the Zoning Ordinance and Miami 21 mandate conformity with the Design Standards in connection with review of a Class II Special Permit. § 627.2.32, Zoning Ordinance and § 627.2.3.2, Appendix C, Miami 21. Design Standard 2.4 provides: "All sides of a structure shall he continuous in design. No side shall be unimproved. Therefore. all architectural details. such as roof lines and parapets shall continue around all sides of a structure." Id. at Page 28 (emphasis added). The proposed Wal-Mart Project has: a concrete fa.ade with moderate glazing and awnings fronting North Miami Avenue and NE 31st Street; and a featureless precast multi -story concrete wall along the South Elevation (which will be viewed upon approach from the South on North Miami Avenue). See Exhibit C. These disparate architectural styles are in direct violation of the Design Standard's requirement for continuity. See Composite Exhibit C (South Elevation Plans). See Composite Exhibit D (Depictions of G 'Tract and 1-1 Tract Within Wal-Mart Plans: and Selected Pages of Recorded Easement Agreement at Book 22349 and Page 660). See Exhibit E (North Miami Avenue Elevation). SAVAGE - LEGAL Anel Rodriguez, Clerk, Hearing Boards August 27. 2013 Page 4 Non -conformity No. 3: § 627.1.12(3) SD 27.2: Requirement for Second Story Parking Lot Setbacks or Liner Uses. The Wal-Mart Project features parking facilities that will be situated on the second and third floors. Under the minimum requirements of the Zoning Ordinance and Miami 21 for this District, "liner uses on all parking structures is required." § 627.2.7. Table Insert ("Uses" Column for Midtown Boulevard Primary and North Miami Avenue Primary, Miami 21). The Zoning Ordinance and Miami 21 provide: "Upper level parking facilities that do not incorporate liner uses shall be setback no less than 85' feet and shall not exceed a height of 50._" §627.1.12(3), Zoning Ordinance and corresponding section Miami 21 (emphasis added). The Wal-Mart plans do not have either liner uses or the required setback for the second and third floor parking structure.6 ".Liner Uses" are defined by the Code as "Building uses that serve to conceal uses such as parking garages and service areas." Id, at Definitional Section (emphasis added). The Definitional Section in Article 25 of the Zoning Code provides: "Use_ The purpose or activity for which land. water or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained." (emphasis added). The "purpose or activity" of a building or use is not simply a facade or screen. As the members of the UDRB explained at the February 20, 2013 Special Meeting, the drafters of the Code could have stated "barrier" or "facade," but instead purposely and knowingly placed the word "use" in this section. The word "use" here works to implement one of the fundamental concepts underpinning the Midtown Overlay District, which is to feature visible building uses on the first and upper floors. And if no true use is intended, then the Code imposes a setback so as to avoid exactly what the Applicant is proposing here: a multi -story wall without "uses" (or the required setback). The Board members of the U1JRB immediately identified the provisions of Section 627.2.12 as an issue with the Application. See, Special Meeting of the Urban Design Review Board, (available at http:llwww.youtube.comlwatch?v=BjEcWJJodcc) (February 20, 2013). The proposed Wal-Mart Project flies in the face of both the express text of the Code and the spirit of the Midtown Overlay District in connection with second story liner uses. Yet the Class II Permit proceeds to "whistle past the graveyard" on the issue, with no findings or mention of it whatsoever. Non -conformity No. 4: SD 27.2 Design Standard Article HI § 7.1-7.3: Building Tops and Parking Garage Roof. As was noted by the UDRB Board members, the present Wal- Mart plan has no building top, roof, or decorative cover for the parking garage. The Intent recitation of Section 7.2 of the Design Standards expressly provides: "Conceal roof top parking - and use "distinctive building tops to identify the area as midtown Miami." The proposed Project's uncovered parking and stained concrete around the edges of the parking lot surface falls far short of the express provisions and stated Intent of the Code. See Exhibit F (depicting third floor uncovered rooftop parking). Non -conformity No. 5: SD 27.2 Design Standard Article II: Street Types for NE 31st and 34th Streets, 10-foot Second Floor Setback. The governing Design Standards could See Composite Exhibit F (Depictions of Lack of Liner Uses Within Wal-Mart PIans). SAVAGE - LEGAL Anel Rodriguez, Clerk, Hearing Boards August 27, 2013 Page 5 not be more clear in this instance as they feature a diagram for street requirements and second fluor setbacks for NE 31 st and 34th Streets. This is to provide a terraced appearance and prevent a "concrete canyon" affect. Yet, inexplicably. the Wal-Mart plans have no second floor setback. with the second and third floor coinciding with the frontage of the first floor.? This is another easily -demonstrable, black -and -white code requirement for which a variance has been improperly granted by way of the Class II Special Penult. Non -conformity No. 6: § 627.1.115 SD 27.2: Variance From Maximum Number of Loading Berths. Section 627.2.15 of the governing Code makes perfectly clear that for "non- residential floor area up to two hundred fifty thousand (250,000) square feet, eleree (3) berths total." (emphasis added). As stated earlier, the Wal-Mart Project is 184,370 square feet in size. Thus. the three berth maximum applies. Yet the Class 11 Permit approves four (4) adjacent loading hays with no mention or condition addressing this deviation which amounts to nothing less than a variance.K If the variance for the fourth (4th) loading bay were not enough. there is yet another. fifth (5th) loading bay for the East side of the Project fronting Midtown Boulevard. Incredibly, WaI-Mart maintains that this is a separate building or Project (for purposes of counting loading bays), yet maintains that it is part and parcel of the same building. Project and Application for all other purposes. Nora -conformities) No. 7: § 627.2.9 SD 27.2: Variances From Streetscape Design Standards. A fundamental feature throughout the Design Standards for the District is on -street parking (parallel parking) with "substantial pedestrian buffers." The Design Standards require two lanes of traffic with two lanes of on -street parking. The Wal-Mart Project. however, has three lanes of traffic and no on -street parking on N.E. 31 st Street. There is no precedent or Code authorization for the re -alignment of N.E. 31 st Street to be authorized (without variance or Major Use Special Permit proceedings) under the guise of a Class 11 Special Permit., when such re- alignment is in direct contradiction with the Design Standards. Also lacking are required setbacks, overhead side walk treatments, trees, and planter bulb outs.' Our review of the submitted project Plans and Class II approval is continuing. and the Appellants reserve the right to identify additional deviations from the Code and Design Standards between the time of this submission and the hearing before the Planning and Zoning Review Board. Composite Exhibit G (Depictions of Lack of Second Floor Setback to Wal-Mart Plans).. Composite Exhibit lI (Depictions of Wal-Mart's 4 Adjacent Loading Bays and 5th Loading Bay). Composite Exhibit I (Depictions of Wal-Mart's Deviation from Streetscape Requirements). SAVAGE ..- LEGAL Anel Rodriguez, Clerk, 1--fearing Boards August 27, 2013 Page 6 II,. Legal Infirmities of the Application. Ownership issue. The subject Wall -Mart Project covers three distinct parcels of land. identified by folio nos. 01-3125-078-0060 (the "060 Parcel or "Tract F"), 01-3125-078-006/ (the "061 Parcel" or the "CDD Tract") and 01-3125-078-0063 (the "063 Parcel" or the "Liner Tract"). The Application is submitted with permission of the Owner of Tract F and with the appropriate Ownership Affidavits. But the Application erroneously states that one company owns the entire "property" that is subject to the Application, without the required Owner's Sworn -to -Consent and Ownership Affidavit of the other two property owners. Additional Affidavits are required, however, from the owners of the CDD Tract and the Liner Tract. Single Project Issue. As was noted by the UDRB Board and the above discussion of the loading bay variance, the Applicant seeks to treat the Project as one Project for certain analysis, and as two parcels and Projects "when convenient" (such as for purposes of the loading bay limitations). As the UDRB Board noted at the Special Meeting on February 20, 2013, you "can't have it both ways." The Planning and Zoning Appeals Board should not countenance this approach and should require this single Project to confirm to Code -imposed limitations. For all of the foregoing reasons, the Appellants, through the undersigned attorney. hereby appeal the Permit. Furthermore, the Appellants reserve the right to supplement this appeal letter with briefs. petitions, exhibits, testimony, memoranda or other support materials or evidence prior to the Planning and Zoning Appeals Board's consideration of this appeal. A check for the applicable appeal fee is enclosed. Please contact me at pau!(4savagelegal_com or 305-444-7188 when the item is scheduled to be heard. cc: Maria Chiaro, Deputy City Attorney SAVAGE.- LEGAL Anel Rodriguez, Clerk, Hearing Boards August 27, 2013 Page 7 ATTACHMENT A: LIST OF APPELLANTS The below interested and aggrieved persons and entities hereby Appeal the Permit: Name (Natural Person) Name (Entity) Property Address Grant Stem 1750 North Bayshore Drive Miami, Florida 33132 Peter Ehrlich 770 NE 69th Street 5-13 Miami, Florida 33138 Rosi Barrios Vintage Liquor & Wine Bar Vintage II Midtown 3301 NE 1st Avenue, Building 4, Suite 105 Miami, Florida 33137 Sandi Madger Blow Dry Bar B10 Midtown Miami 3301 NE lst Avenue, Suite # I 02 Miami. Florida 33137 David Le Batard Lebo Studios 2751 North Miami Avenue Miami, Florida 33127 Yasmine Garate 243 NW 30th Street Miami, Florida 33127 Anthony Davide 64 NW 34 Terrace Miarni, Florida 33127 Grant Stern NoWalmartinMidtown.corn 9630 E. Bay Harbor Drive Bay Harbor islands, Florida 33154 SAVAGE _.. LEGAL EXHIBIT A Class II Special Permit CITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION File No. 12-0054 ro: Wal-Mart Stores East, LP, a Delaware L.P. clp Alfredo L Gonzalez Genovese Joblove F Battista P.A. 100 Southeast Second Street 44`h Floor Miami, FL 33131 From: Francisco J. Garcia, Director Planning and Zoning Department PLEASE TAKE NOTICE THAT AN FINAL DECISION HAS 8EEN REACHED ON THE FOLLOWING MATTER: Title: New Construction (Wal-Mart Store) Address: 3055 N. Miami Avenue, Miami, FI Wynwood Net {Allapattah NET Office) Final Decision; Cf Approval 0 Approval with conditions © Denial FINDINGS AND CONDITIONS: 1. The subject proposal has been reviewed for a Class II Special Permit pursuant to Sections 609.3, and 1512 of Zoning Ordinance 11000 and Miami 21 Code. Appendix C Midtown Overlay District 6,27.2, Midtown Miarhi West, as amended, the Zoning Ordinance of the City of Miami, Florida 2 Section 6.27.2.3 requires a Class Il Special Permit prior to approval of any permit for the construction of a neW building. 3 Pursuant to Section 1301 2 of ZO 11000, as applicable, the Planning and Zoning Department has made referrals to the following Departments and Boards. • Zoning Section of the Panning & Zoning Department • Department of Public Works • Office of Transportation • Wynwood NET Office, Neighborhood Enhancement Team • Urban Development Review Board Comments and recommendations received from Departments and Boards have been duly considered in this final decisionto reviewing this application. pursuant to Section 1305 of ZO 11000, as applicable, and Miami 21 Code Appendix C' Midtown Overlay District 6.27.2 Midtown Miami VVest the following findings have been made. 12-005,I Page A-2 of 2 FINDINGS The proposed new construction project consists of 203,277 square foot building which includes a 158.322 sq ft. Wal-Mari store containing general retail, full service grocery and vision center The building will also include double volume retail liner use space fronting Midtown Boulevard and liner space for retail support or other permitted uses on North Miami Avenue. The project will also provide approximately 577 new off•street parking spaces above the second and third level of the ground -floor retail • The proposed protect will be beneficial to the surrounding area by providing new retail and service facilities while creating jobs for the area • The proposed project, as presented reflects revisions and refinements made based on comments from reviewing Departments and the Urban Development Review Board, and is appropriate in scale and size pursuant to the Section 1305 and the Midtown Overlay District 6.27 2 Midtown Miami West • The proposed project is In compliance with the Miami Comprehensive Neighborhood Plan in that it promotes good urban infilJ and is consistent with the Buena Vista East Regional Activity Center (RAC), designation as applied to this property. • This application has been reviewed pursuant to Section 1305 of ZO 11,000 and the Miami 21 Code, Appendix C. Midtown Overlay District 6.27.2 Midtown Miami West and found to be sufficient Based on the above Findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 1306 of Zoning Ordinance 11000, as applicable, and the Miami 21 Code Appendix C' Midtown Overlay District 6.27.2 Midtown Miami West, the subject application is hereby approved subject to the plans and supplementary materials submitted by the applicant and on file with the Planning and Zoning Department and the conditions listed in Exhibit "A". (attached hereto and made a part thereof) entitled "Class II Special Permit No 12-0054 DEVELOPMENT ORDER NOTICE The final decision of the Director may be appealed to the Planning Zoning and Appeals Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Nearing Boards Section of the Planning and Zoning Department located at 444 S.S. f'd Avenue, 3m Floor, Miami, FI. 33130. Telephone number (305) 416-2030 Signature rancisco J. Garcia, Director Planning an oning Department ange ' or 1 Date /2 4)601r 7,43 Class Il Special Permit No 12-0054 DEVELOPMENT ORDER PROJECT DESCRIPTION I2-QO54 Page A-2 o1 2 L'X111fail!" '.A' The proposed new construction project {"PROJECT) consists of 203,277 square foot building which includes a 158,322 sq. ft Wal-Mart store containing general retail, full service grocery and vision center Additionally, the building will include double volume retail liner use space fronting Midtown Boulevard and liner space on the second level for retail support or other permitted uses on North Miami Avenue The project also provides approximately 577 new off- street parking spaces above the second and third level of the ground -floor retail The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Gensler, Kimley-Horn and Associates, Inc.. and Zyschcvich Architects, dated 3114/13, all modifications shall be subject to the review and approval of the Director of the Department of Planning and Zoning prior to the issuance of any building permit. FINDINGS' The PROJECT conforms to the requirements of Section 1305 of ZO 11000, as applicable, and Miami 21 Code Appendix C Midtown Overlay District 6.27 2 Midtown Miami. The existing comprehensive plan future land use designation on the subject property allows the proposed uses The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations Pursuant to Section 1305 of Zoning Ordinance 11000, as applicaole, and the Miami 21 Code Appendix C. Midtown Overlay District 6.27 2 Midtown Miami West. the specific site plan aspects of the PROJECT have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy, as may be required. CONDITIONS 1 final construction plans prior to issuance of any building permit Review anc approve relocation, or mitigation of any trees that may be in conflict with the proposed development. Use of NE 31n right turn exit shall be limited to visitors No commercial delivery vehicles shall be permitted a right turn on NE 31-n Street to access Midtown Boulevard. Install sign and headache bar at exit ramp on NE 31n Street advising "No Right Turn on 31n Street' for delivery vehicles Page 3 of .1 12-0054 Page A-2 of 2 4 Install sign and headache bar at entrance and exit on North Miami Avenue to prevent ingress and egress by commercial delivery vehicles 5 Compliance with approved adjustments to design standards concerning the maximum width of driveway approaches (February 15, 2013 Public Works Approval) 6, Prior to the issuance of any Certificate of Use for the liner building portion of the project subject to this Class II Special Permit and its corresponding Development Order it is required that al! visible areas of unimproved interiors of the liner building facing Midtown Boulevard shall be covered with non-commercial graphics, as approved by the Director of Planning & Zoning until initial build -out and occupancy of the liner building space(s) 7. Prior to issuance of any Temporary Certificate of Occupancy or Certificate of Occupancy, for the liner space, submit revised "Zyscovich" floor plan and detail floor plan for liner units on the east side of the project to show an internalized delivery corridor from the loading elevator. Compliance with this condition is the responsibility of the owner/tenant of the liner building facing Midtown Boulevard and shall not prevent the owners/tenant of the large scale retailer facing Miami Avenue from obtaining building permits, Temporary Certificates of Occupancy and Certificates of Occupancy as required to build -out and occupy the large scale retail space. Page .1 of 4 EXHIBIT B Front Pages of Class 11 Special Permit Application August 21, 2012 GENOVESE ES JOBLOVE t BATTI STA PA Attorneys at Lino August ?I, 2012 Mr. Francisco .1, Garcia Planning Director City of Miami 444 SW 2 ' Avenue Miami, Florida 3313 l Re: Letter of intent Dear Mr. Garcia: Toe undersigned representsWal-Mart Stores East LP, a Delaware limited partnership ("Applicant") in regards to the enclosed Class II Special Permit Application ("Application"), - The Application encompasses the Property ("Property") located at 3055 North Miami Avenue, Miami, Florida and more particularly described in Exhibit `A"_ The Applicant is proposing a Wag -Mart store with 184,370 square feet of space that will include traditional general retail merchandise with a full service grocery, garden center, and liner space on the first and second floors (the "Project"). The Project will be served by 577 off-street parking spaces located above the store. which preserve the available public parking for other uses in the area Tnts site has a City Comprehensive Plan designation (Restrtcicd Cotntncrcand is zoned Midtown Miami West (SD 27_2) under the City of rvliamr I "City") Zoning Cade ("Code") both of which allows for the development of a large scale retail lac ility. The Application meets all zoning and land development requirements for the Project. 100 Southeast Second 5trz t. 44th Floor • Mianu, Honda 33131 • Telel:hc re 305.349. t s l'amraile: 3O5.3492310 Mr. Francisco Garcia August 21, 2012 Pane 2 The Project offers a unique, taiiar nuadc, building designed by Gensler A_rchiteces to ensure compatibility with the ON era11 design aesthetic that characterizes Midtown Miami. This multi -level design includes' • Second floor covered parking and Third floor roof parking. • Pedestrian open space and architectural entry eIenients provided al the prominent corners (N MiarnilNE 31 ' and Midtown BlvdNE 31 rt): ■ Enclosed escalator and elevator core for easy access from each parking level to sales floor; • Additional linear retail spare with indi► idual entry points are provided for each tenant space, and vision glass storefront extending along the sales floor, with the tenant brand signage located above: • Open an covered walkways are provided along the building frontage at N Miami Ave; enhanced articulation of all facades along street frontages have been designed in a similar style as the surrounding retail developments; • Pedestrian friendly promenades to include park beaches and bicycle racks; • Enhanced landscape plans including the planting of new trees and other site amenities. The Project will provide the area with needed services including: grocery store, garden center, pharmacy and vision center. It shall serve as a catalyst for pedestrian flow that will draw customers to the Project as well as to other businesses in the Midtown Area. This is particularly important to this she which is located at the southernmost end of the shops at Midtown and is separated from the rest of the shopping areas by a public garage. Smaller, boutique retailers cannot provide the necessary pedestrian Clow that will ensure the success of this isolated parcel in the Midtown Shops area. The Project is compatible with existing shops at Midtown Miami. Nationwide, there are many examples of successful shopping facilities with the existing product mix presently at Midtown and a Wal-Mart. The Project.. if approved. will provide substantial economic benefits to the City and the u�a�$utrrl� ik neighborhood as follows. A. Economic Benefits and loxes The Project is a fifty million dollar fS5(1,000,000.00) investment including an eight million dollar t58,000.00O.00) garage The City is projected to increase its tax collections on this site from S 110,000 to an estimated S550,O00.00. B. Suppliers. In 2012, "l 'al -Mart spent over seven billion dollars for merchandise and services in the State of Florida. This store will facilitate opportunities for vendors to do business with Wal-Mart. Wa1-Matt also has opportunities for vendors to G NOVESE JOBLOVE & f3<+ITIS1& PA • 100 Svutheast Second Steet 44th Flan • Miami. Ftwnda 33131 - Telephone. 305344 ['5349..2310 Mr. Francisco Garcia August 21.2012 Page 3 participate in their supplier diversity programs. This program helps foster the inclusion of minority and -worncn owned businesses in Wal-Mart's supplier network 'can personally attest to the benefit of this prograni as I got niy first opportunity to represent LW'al-Mart through this program. C. Jobs The Protect will create approximately 400 construction jobs and 350 permanent jobs. The permanent positions will include management, pharmacy, human resource, customer service, cashiers and sales associates. D Comrntmuity involvement. Wal-Mart's foundation partners with local charitable organizatians.to benefit the communities where their stores are located. In 2011, Wal-Mart stores contributed over forty eight million dollars ($48,000,000_00) in cash and in -kind contributions for the benefit of the communities they serve. We tree your support of the application and stand ready to respond to any issues you might have. Sincerely.. ATT1STA GENOVESE )(R,0VE & BATClS iA, M. • 100 Southeast Boni Street, 44th Floor • Miami, Florida 33131 • Telephsme. V3.349,7300 • Fasamiie 305.3491310 COMPOSITE EXHIBIT C South Elevation Depictions Within Wal-Mart Plans r J warr - 41ANOTIONN cia 11-.1' * Iris I 111, — op SOUTH BLOCK SOUTH A. Au. EL4ff-[T EL 44 - Cr LEVEL v13 3V -IX Jv LEVEL 02 L`, COL PREC ENLARGED ELEVA I '8" A 1.0" a 0 Liner Shops at Midtown Mhtnji, Florida UDRB Submittal ,M.41.F1 n.I-Yee=4.s 1,90E,..}F,l remit-..,�.i,rr n.rbns eA Yn VTD.. D. ofl %was•:. to.'m, m.. M.,e.., op.aw.,,ra:a...:ea,4.,.u,. ..JO,. in, w rvr04, F Sough Elevallon 1°': n 0,4 „ ZYSCOVICH d a r II 1 r 1 r: S 1 ..ntim March Yi, 2613 Vlialmart.;. SOUTH BLOCK SOUTH nl M TOwNMimi! 5UUTH PROPERTY LINE Gensler I ran rz=... SOUTHEI1VATIUN 'EAU t•-mir Age-o5 Walmart' SOUTH BLOCK SOUTH n, MFir wt,i MIAM 11111111111M11111/iiii111 het fp; r 14 MYM+nI,'i'fl Gensler I NFIC,H '-f(NIt1 VIEWS\-N ('t't4 AO VA A D E Liner Shops at Midtown Miami, Florida UDFfB Submittal m•.w+r.l. arrr.aa..wrt . eaa+wSimnm a.p'mm 09,1,01[1.1311111f IOW South FlovnN,+r $I. JII $ ZYSCOVVCM "`�." . ma i I F !: T g eui n� umiii + Mord 14,203 COMPOSITE EXHIBIT D Depictions of G Tract and H Tract Within Wal-Mart Plans and Selected Pages of Recorded Easement Agreement at Book 22349 and Page 660 w iamax—f SPEWI{(7.4 N e MIE moo PM PI, Pt- L i � R+T OF ▪ n. Feuf fIw ucwa41 57FdT'7' ffOfrifl RAT a..T AWN I1 MYff f r1Af UnT PPOPP M,C SgTYf.9TREiel' 11ka1 r' SOS ATCTA fwxar PUP PM W. ron AlThliaLJ ADIIIr 11C TRACTx" EIEGWA FWr* Kffur fl.A7' HIL 77R Pe 17 f'OASS,t Oel. 17. -LSO Mena wm..1... ' =I l.,.' affMf. iapa, a hif a.ta SOP r aYfnT•117I1 f1r�m I o � fare 7,,PM Pa 15P01 f11it .,.in b' SKIM Tlr11 star RAY• •fti+n fa T! toore I - r rA T1l4GT •A' Laaf I1!!A KAP FLf! lr0, laR. PI j :15 Page 1 of 1 1 1 938'33'4 7`W — s.9!' (oo&M) FOUND NA/L DISK STAMPED SCHWE'SKE SH/S/CIN LB 87" I i FOUND NAIL & DISK STAMPED "SCHWEBKE SHISKIN L@ 87' /SOU1H BLOCK SOUTH Cab TRACT P.O.B. P.O.B. �( R C ` �'� ,.�; BUENA TRACT r I 'Tl WEST PLAT lie, 25.00 La39.33 4=90D7'35" 379. Fot oisI .U9 https://Ih4.googleusercontent.com/-w9-Ij IthCSOfUD5ZPcwvFKIIAAAAAAAARdwfkBxk... 8/25/2013 • • 101 fel \=--• flnJULPJ -014i A A I If $‘1.11/4A AtOffirji 4 tgAdroldri IA flu) . * - -- r00440 AIM OrVe STAMPED E to ME 0V-3V2S-00e3-0080 tr- 9 / FOUND NAIL de DJSK STAMPED "SCHWEBKE orl if,e, ra I Er fift—r" 1. 44 E. 1 .98' ©5). r,7 e TrRECc;i7 V DEVELOD)Nian kro R)) ° IF DUO a3 8-c,008,0 'FOUND NAIL Sc 1 DISK STAMPED "L8 87 PRP 5. ' R=25.00 j l.-= 33.31 41-=76'2CV FA' 1 s- r ULINIA NMI.... Lik 1 40' RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Theodore E. Deutch, P.A. Broad and Cassel 7777 Glades Road, Suite 300 Boca Raton, Honda 33434 111111111111111111111111111111111111111111111 CFN 2004R042174F DR FI; 2234? P4S 0660 ^ 7571 (98P55) REr ORt'EU I05/28/2t 04 12:10:59 JIARVEY MIN, CLERK OF COURT MIAMI-I AI E COUNTY, FLORIDA CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT SHOPPES AT MIDTOWN M iAMI (Miami. Florida) SOUTH BLOCK SOUTH BOCIIREALES111353555 20]5$M15(South Enoch South) Book22349/Page666 Page 1 of 98 be appurtenant easements and not easements in gross. Any easement granted pursuant to the provisions of this Section 3 may be abandoned or terminated by execution of an agreement so abandoning or terminating the same by the Owners of the dominant and servient estates and consented to in writing by the Mortgagee, if any, of the dominant estate. Any relocation of any easement shall be made at the expense of the Owner requesting such relocation and shall be subject to the approval of the Owner of the servient estate. 3.8 Prohibition Against Granting Easements. No Owner, including South Liner Tract Owner, G Tract Owner and H Trait Owner, shall grant any easements of the type set forth in this Section 3 for the benefit of any property not within the Site without the prior written approval of the other Owners and the Mortgagee(s), if any, of the servient estate. 3.9 Duration of Easements. The easements granted in this Section 3 shall remain in effect for the term of the COREA, as the same may be extended in accordance with Section 12. 4. USE AND OPERATION 4.1 Permitted lases. 4.1.! Retail Tract. The Retail Tract shall be occupied, used andior leased only for retail, entertainment and office uses, including but not limited to: (A) retail sales and merchandising, including, without limitation, kiosks, retail carts, carrels and outdoor sales; (B) retail services; (C) restaurants; (D) movie theaters; (E) bars; (F) interactive and other forms of entertainment venues; (G) food markets; (H) open space and landscaping; (1) spa and health club; (1) office; (K) storage of maintenance supplies and equipment; and (L) uses incidental to the foregoing, and any other use permitted by law, except as specifically stated in this Section 4.1.1. Outdoor seating and service, if applicable, shall be permitted with the foregoing uses. Nothing herein shall be deemed to authorize any use that is not permitted by applicable zoning, land use and other Laws. Notwithstanding anything set forth herein to the contrary, no unit within the Retail Tract shall be used and/or leased by any party whose primary use on the Retail Tract is either (i) real estate sales, leasing or brokerage; (ii) mortgage lending or origination; or (iii) the sale of hazard or life insurance, but nothing in this sentence shall prohibit the use and operation ofa bank, savings and loan, financial institution or financial advisor. 4.1.2 South Liner Tract, South Liner Tract shall be used for installation and maintenance of CDD Improvements for the use and enjoyment of the public, except to the extent that Retail Tract Owner reasonably approves the development of such portion of South Liner Tract as may be permitted by applicable zoning ordinances, provided such use would not impede the development of or materially and adversely affect the Retail Tract. Nothing herein, shall be deemed to authorize any use that is not permitted by applicable zoning, land use and other Laws. 4.1.3 G Tract. G Tract shall be used only for installation and maintenance of CDD improvements for the use and enjoyment of the public. Nothing herein shall be deemed to authorize any use that is not permitted by applicable zoning, land use and other Laws 10 IBOCtRRFAU Sn13$355 5 20351/0015 SauUI Bock South Book22349/Page676 Page 17 of 98 4.1.4 H `t ract. H Tract shall be used only for installation and maintenance of CDC) Improvements for the use and enjoyment of the public. Nothing herein shall be deemed to authorize any use that is not permitted by applicable zoning, land use and other Laws, i .5 CDD Tract. The CDD Tract shall be used and occupied only as a public space and as applicable, public sidewalks and entryways, subject to the easements granted herein, specifically including the Required Retail Easements. Nothing herein shall be deemed to authorize any use that is not permitted by applicable zoning, land use and other Laws. 4.2 Compliance with Laws; Code Enforcement. 4.2.1 Obligation to Comply. Each Owner, including the South Liner Tract Owner. G Tract Owner and H Tract Owner, shall have an independent obligation to the other Owners to comply, and to cause its Tract and improvements, as applicable, to comply, with all applicable Laws where noncompliance could (A) create a lien on any other Owner's Tract, (B) render any other Owner's Tract, or any portion thereof, liable to forfeiture or involuntary sale, (C) result in involuntary closing of any business conducted on a Tract which is otherwise permitted hereunder, (ID) subject any other Owner or its Permittees to civil or criminal penalty or liability or their property to damage, (E) subject any part of any other Owner's Tract to being condemned, vacated or damaged, or (F) create an unsafe condition affecting any other Owner's Tract (each, a "Material Adverse Effect"), Each Owner shall be responsible for ensuring that any contractor or design professional hired by it with respect to such Owner's Initial Work or any Repair Work shall comply with the requirements of this Section. Notwithstanding the foregoing, each Owner shall have the right to contest, by appropriate legal or administrative proceedings diligently conducted in good faint, the validity or application of any Laws and may defer compliance therewith until a final decision has been rendered in such proceedings and appeal is no longer possible, unless such contest or deferral could have a Material Adverse Effect. In any such case the contesting Owner shall immediately take such steps as may be necessary to prevent the occurrence of a Material Adverse Effect, including posting bonds or security or complying with such Laws, In the case of a contest by an Owner, the contesting Owner shall indemnify the other Owners against any and all losses that the other Owners may suffer by reason of the contest and any noncompliance with such Laws. 4,2.2 Code Enforcement. The Owners, including the South Liner Tract Owner, G Tract Owner and H Tract Owner. recognize the importance of avoiding any possible confusion that may arise for the City in determining which of the Owners hereunder shall be responsible for noncompliance with City's ordinances. In order to permit the City to enforce its zoning and building ordinances, the Owners hereby appoint the Retail Tract Owner as the Site's designee for purposes of City code enforcement, The Owners hereby agree that any notice of noncompliance from the City may he delivered to the Retail Tract Owner at the address set forth in the Notice provision of this COREA. Retail Tract Owner shall promptly deliver to South Liner Tract Owner, G Tract Owner, H Tract Owner and CDD Tract Owner copies of all enforcement notices that it receives from the City. 4.2.3 b:nfbreement. Ni, Owner, including the South Liner Tract Owner, G Tract Owner and H Tract Owner, shall be entitled to enforce any other Owner's noncompliance with any Laws unless such noncompliance has or is reasonably likely to have a Material Adverse I oar.7+,RFAif. 5Tt36's5 5 21115 1[(19 I (Snulh Bloch Swtn) Book22349IPage677 Page 18 of 98 EXHIBIT E North Miami Avenue Elevation Depiction Within WaI-Mart Plans RRIONLMPLIEKAIS• .:1171EC MENIMIIMN meraar r AirnierA HIM ..411E.AND - WALK vEhLli ENLA RGED ELE DO N NORTH MIAMI AVE IOCK SOUTH t MOTOWN AMAMI T 1111 le,1,1114.11 13,,,,,q140.111. Jurj1..p pm pd. _ LEVEL Vf \JP COMPOSITE EXHIBIT F Depictions of Lack of Liner Uses Within Wal-Mart Plans Active Use Liners on Garages that Front Primary Streets 627.2 7. Maximum Height, Build -To. Minimum Setback and Use Requirements, TABLE INSET: SC 272 Maumunr height, Build -To. Minimum Setback and Use Requ,rements Street/Classification Height Ground Floor Bu ild- To Midaovct Setback' SO' To - commercial Mldlawn Bauievard smgte-use r 20' For restde1LaI or mooed -use Primary 20' Build -To Area between Ile building frontage and base budding line shell be Improved as open apace Max mum AM owapie encroachment (0' 36' seldaCik above 60' elevation Upper -level Setback" NIA Uses AJI SD272 uses permitted except that 81g Box retail shalt nal be permitted from 3t st Street la 36 In Street. Liner uses melt parking sIllcures tit' for commercial single -use 9' Build -To wtlh colonnade or NI SD27 2 uses permitted Liner uses on all North Miami Avamm 120' for mixed. awning 15' setback ck perking} Primary use 200' far muted- use and gglew8y 1 regverement 5' Builddd from centerline of NE 36 el Street south far a distance at 315' N 8t9ova 6t3' structures exu301 as othervrise provided In Set Lon 6272.12 627.2.12. Surface Parking and Parking Garages. 3. As provided in Section 627.2.7, liner uses are generally required on parking garages that front primary streets. When required, ground level parking facilities must be lined with active uses. lJpper level parking facilities that do not incornorate liner uses shall be setback no less than 85' and shall not exceed a height of 50'. All other requirements provided herein shall apply. Active Use 2nd Floor Liners on Midtown West North Block North Block of Midtown features numerous small retailers and big box stores side by side on N. Miami Avenue. Garage is lined with office space, walkway between street & office entrances provides articulation. Active use liners on 2nd floor clearly accessible from street circulation in west side of existing North Block containing Target. (right) Walmart's Plan Places Service Areas Where Active Liner Use is Required 2nd floor • ROTA„ El RETAIL SUMONS {VINTICAL C IRS11LlUF.TI PARAINI. COLRI I Ind Level - IS 1..4 E5 Attnatlk ream i ant Len"' • 3d Lan (1.1 ba ay Sbkgr TOTAL- Si%A rl C-3ace ;- 1.1,3 k hoe tuRge boom l'_IQ etb dnd €thcrn, th.21 t the Iet3rltpl' Irl minute 46 of Miami's LJDRB meeting on Feb. 4, 2013 Walmart's Plan Places Stained Concrete Where Active Use is Required ti 3rd floor :A44+4I Iifll LIGI-I r BEIGE STAINED CONCRETE 3'd Floor Plan lacks much if any pedestrian shelter from the elements. Additionally, it attempts to substitute stained concrete as a Liner Use. Lacking active use, the 2nd and 3'd Floors require an 85' setback from N. Miami Avenue, as well as Midtown Boulevard. There's nothing to prevent future occupants fron, converting "Stained Concrete" areas into shopping cart kennels and service areas. COMPOSITE EXHIBIT G Depictions of Lack of Second Floor Setback Within Wal-Mart Plans Upper floor setback of 10' on 31 st street missing from Walmart's Plans Slide 1 • Walmart's plan has 0' setback on the 2nd and 3rd floors. 10' is required Upper floor setback of 10' on 31' street missing from Walmart's Plans Slide 2 — Example of North Block NE 34th Street Design Standard with Photo COMPOSITE EXHIBIT H Depictions of Wai-Mart's 4 Adjacent Loading Bays and 5th Loading Bay Loading Berth and Service Requirements Midtown District loading requirements are precise. They indicate how many bays must be Included for each size artd class of property. They prohibit loading on certain streets and within public view. Visual and architectural screening of back of the house operations is required. 627.2.15. Off-street Loading. The off-street loading requirements shall be as follows: 1. For residential uses_ a. Berth minimum to be twelve (12) by thirty-five (35) feet byfrfteen (15) feet in height; b. One (1) berth for every one hundred twenty (120) residential units or fraction thereof. 2_ For non-residential uses: a. Berth irminimumtobe twelve (12)_ 12y fifty-five ( feet by fifteen (15) feet_in height; b. For non-residential floor area of twenty-five thousand (25,000) up to fifty thousand (50,000) square feet, one (1) berth total; c. For non-residential floor area up to one hundred thousand (100,000) square feet, two (2) berths total;. d. For non-residential floor area up to two hundred fifty thousand (250,000) square feet, three 3) berths total; 1. Serviceaccess and service loading areas shall not be permitted to front the following streets or portions: North Miami Avenue south of Northeast 34th Street; Midtown Boulevard; Buena Vista Avenue; and Northeast 29th Street. 2. Service loading areas shall be enclosed within buildings or screened from public view with architectural walls andlor landscaping. Walmart's plan has 4 ground level loading berths, 1 more than allowed. cc' t - 5rr r c rr ::MPROVEME TS } Walmart's 5th loading bay Midtown Miami's zoning zoning states requirements for loading. Walmart makes the preposterous claim that their project is actually 2 projects, even though they are submitting both on the same application, both on the same parcel, to be built simultaneously. The "liner shops" loading zone was rejected as impractical by the Miami UDRB and not up to code for not fitting a 55' truck with a 15' clearance (below) as required by code. Miami's UDRB also rejected the Truck Maneuvering plan (right) as flawed. Lacking loading space, the proposed liner shops will have need to load off street, against zoning rules. District guidelines clearly require 3 loading bays, this is the 5th planned bay for this project. /PMrl(Y-AIiOAD,G 'Mike MA}111^rCeSri . Gensler COMPOSITE EXHIBIT 1 Depictions of WaI-Mart's Deviation from Streetscape Design Standards Streetscape Standards in Midtown Miami 627.2.9. Streetscape. NI exterior space as defined in the SID 27.2 Zoning Ordinance shall conform to the following standards and are subtect to approval by the Director of the City of Miami Department of Public Works and other authorities having jurisdiction denial of these requirements by such authorities for reasons of public health. safety and welfare shall not constitute a variance from this Ordinance. Refer to the SD 27 2 Design Standards for additional Design Standards and Guidelines regarding streetscapes. 1. All required setbacks and sidewalk area within the public right-of-way adtacent to streets shall be a continuous pedestrian space. For all sidewalks, an area a minimum of five (S) feet wide must remain clear of all obstructions to ensure adequate pedestrian circulation. 2 For all streets, the ground floor of buildings shall be set back from the property line. where necessary, to provide a minimum_ sidewalk width of ten j4{l).feet from.face of building to curb line. Unless otherwise prohibited by setback requirements of the SD 27 2 Zoning District, the upper floors of buildings may overhang this setback. The setback area shall be improved to meet the adopted design standards of the SD 27.2 Zoning District for the a-'arkenT ubflc sidewalk including pavement treatment, landscaping. street lighting and awnings Zoning Requirements from Appendix C to Miami21 Zoning Code (above). SD 27.2 Design Standard for NE 31' Street (right). • 4• Y • •1 i Walmart's Roadway Design for NE 31st Street vs. adopted Design WaImart's plan (above) varies distinctly from the adopted Design Standards (below) of the Midtown Master Plan where it should match. Walmart's design is 3 lanes of traffic. Adopted standards are 2 traffic lanes and 2 on -street parking lanes. Walmart's technical drawing is actually incomplete, and should include the overhead sidewalk treatments too. On -Strait Parkins On -street parking is required on most sweets to provide addninnal parking opporrsn, rhea and nsamite a more urban street type vises 511b- slant211 pedestrian buffers. AP on -street parallel parlang spares shall be a minimum of 7' wide by 20' Song, unless otherwise noted. 3 a E MOSLL 1xA'VD, LADE LAB Ems TING S'NaitiSEl Nbi CURB, .. rl —-- 4 SECTION A -A ^. +r- r+ta • Walmart's Sidewalk Setback Areas Don't Meet Adopted Design Standards for Midtown Miami, no bulb outs or parallel park areas 1building setback from st CITY OFMIAMI PLANNING DE 'ARTrILN DISCLOSURE OF CONSEDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION 20I3 SEP —6 PH 3: 22 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 hearings) 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 fin out this form. NAME: Paul C. Savage (First Name) (Middle) (Last Name) HOMEADDRESS: The Law Offices of Paul C. Savage, P.A. dba Savage Legal CITY: (Address Line 1) 100 Almeria Avenue, Suite 220 (Address Line 2) Coral Gables STATE: Florida ZIP: 33134 HOME PHONE: (305) 444-7186 CELL PHONE: FAX: (305) 444-7188 EMAIL: paul@savagelegal.com BUSSINESS or APPLICANT or ENTITY NAME The Law Offices of Paul C. Savage, P.A. dba Savage Legal BUSINESS ADDRESS: 100 Almeria Avenue, Suite 220 (Address Line 1) Coral Gables, Florida 33134 (Address Line 2) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. 13-01030ii - Class II Appeal - 3055 N Mia Av Director's issuance of a Class II Special Permit 2. llas 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? Q YES 0 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..8654] 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, h. c. * Additional names can be placed on a separate page attached to this forni. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT 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 bo expiration of a period of one year after the nullification of the application of order. PERSON SUBMITTING DISCLOSURE: ig are Pau C. Savage, Esq. Print Name Sworn to and subscribed he/nre me this 06 day of :p+eff b2-t' , 204 3 _ , the foregoing instrument was acknowledged before me h3 }tot i _ -SA vamp , who has produced as identification undo,- is,par suaxdocr ly kerb. gi ffiyiho d::dddid not take an oath. !x' ,:. ACOMMISSION • EE833042 STATE OF FLORIDA y` /=.EXPIRES: SEP06, 2016 ;fi Fyo WWW.AARONN0TARY.com CITY OF MiAMI '„^"' MY COMMISSION Notary EXPIRES: Q9OF0-y�rzQ. 'b- PrinfName@io I nclosurei59 Doc No .8o543 Page 2