HomeMy WebLinkAboutApplication & Supporting DocumentsWEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P L.
MITCHELL BIERMAN, P.A.
NINA L. BONISKE, P.A.
MITCHELL J. BURNSTEIN. P.A-
JAMIE ALAN COLE, RA.
STEPHEN J. HELFMAN, P.A.
GILBERTO PASTORIZA, P.A.
MICHAEL S. POPOK, P,A_
JOSEPH H. 5EROTA, P.A.
SUSAN L. TREVARTHEN, P.A.
RICHARD JAY WEISS, P.A.
DAVID M, WOLP1N, P.A.
DANIEL L. ABBOTT
LILLIAN M. ARANGO
GARY L. BROWN
JONATHAN M. COHEN
IGNACIO G. DEL VALLE
JEFFREY D. DECARLD
ALAN K. FERTEL
CHAD S. FRIEDMAN
ALAN L. GABRIEL
DOUGLAS R. GONZALES
EDWARD G. GUEDES
JOSEPH HERNANDEZ
ROGER S. KOBERT
JOSHUA D. KRUT
MATTHEW H. MANDEL
JOHN J. QUICK
ANTHONY L. RECIO
BRETT J. SCHNEIDER
CLIFFORD A. SCHULMAN
MARC SOLOMON
LAURA K. WENDELL
JAMES E. WHITE
Mr. Francisco Garcia
Director
ATTORNEYS AT LAW
A PROFESSIONAL LIMITED LIABILITY COMPANY
INCLUDING PROFESSIONAL ASSOCIATIONS
MIAMI-DADE OFFICE
2525 PONCE DE LEON BOULEVARD
SUITE 700
CORAL GABLES, FLORIDA 33134
TELEPHONE 305-854-0800
FACSIMILE 305-854-2323
WWW.WSH-LAW.COM
BIROWARD OFFICE
200 EAST BROWARD BOULEVARD • SUITE 1900
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770
Department of Planning & Zoning
City of Miami
444 SW 2" Avenue, 3th Floor
Miami, FL 33130
*OF COUNSEL
January 14, 2014
Re: Amendment to the Miami Comprehensive Neighborhood Plan
(the "Plan") and a change in Transect Zone (the "Rezoning")
Dear Mr. Garcia:
SONJA C. DARBY
BROOKE P, DOLARA
RAQUELELEJABARRIETA*
DANIEL A. ESPINO
ERIC P. HOCKMAN
KELLY RAINS JESSON
KAREN LIEBERMAN•
JUSTIN D. LUGER
JOHANNA M. LUNDGREN
MIA R. MARTIN
ALEIDA. MARTINEZ MOLINA•
KATHRYN M. MEHAFFEY
ROBERT A. METERS*
MATTHEW PEARL
MARC C. PUGLIESE•
CARLOS M. RODRIGUEZ•
GALL D, SEROTA*
ALISON F. SMITH*
ANTHONY C. SOROKA.
EDUARDO M. SOTO
PABLO A. TAMAYO
JOANNA G, THOMSON
PETER D. WALDMAN•
ALICIA H. WELCH
SAMUEL I. ZESKIND
Our firm represents 7000 Biscayne LLC ("7000 Biscayne"). 7000 Biscayne is the owner
of the property legally described in the attached Exhibit "A" (the "Overall Property").
The Overall Property lies at the NW comer of Biscayne Boulevard and NE 70`h Street.
The Overall Property has dual land use designations and dual transect zones. The portion of the
Overall Property fronting Biscayne Boulevard is designated Restricted Commercial in the Plan
and has a Transect Zone of T5-O. The rear portion of the Overall Property is designated Duplex -
Residential in the Plan and has a Transect Zone of T3-L. The legal description for the rear
portion of the Overall Property is shown on the attached Exhibit "8" (the ``Property").
7000 Biscayne wishes to amend the Man and Rezone the Property. The amendment to
the Plan will be from Duplex Residential to Low Density Restrictive Commercial and rezone
from T3-L to T4-L.
Mr. Francisco Garcia
January 14, 2014
Page 12
The proposed Plan Amendment and Rezoning will allow for a more efficient and feasible
use of the Overall Property with parking and accessory functions occurring on the Property better
serving the portion of the Overall Property fronting Biscayne Boulevard. Also, please note that
the proposed request wills serve as a gradual transition from the Biscayne Boulevard T5-corridor
to the residential neighborhood to the west. This transition will be totally contained within the
Overall Property.
Miami 21 Section 7.1.2.8 c2 (g) analysis. The City has designated the area where the
properties are to be located as the Miami. Modern (MIMO) Biscayne Boulevard historic district
(the "District"). The property owners in the area are trying to bring back the old classic character
on the District with new construction, and/or remodeling existing structures. The T3 properties
in question immediately abut the rear of the T5 properties abutting Biscayne Boulevard. The
depth of these Biscayne Boulevard properties is not sufficient to effectively provide parking
and/or amenities necessary to resurrect the MIMO district. The T3 properties would serve that
purpose but unfortunately parking and/or the necessary amenities are not permitted, therefore,
keeping the T3 transect zone thwarts the intentions of the creation of the MIMO district.
Rezoning these properties to T4 will accommodate the parking and necessary amenities
promoting the spirit of the MIMO district.
Additionally, the gradual transition from T5 along to Boulevard properties to the T3 on
the west is best accomplish by the T4 rezoning which occur on properties in between these two
districts on properties owned by the applicant which now have T5 and T3 zones.
These applications comply with the successional zoning requirements of Section 7.1,2,8 a
of Miami 21. The requirements of Miami 21 Section 7.1.2.8 c are also complied with by the
inclusion of the proffered Unity of Title and Declaration of Restrictive Covenants in Lieu of
Unity of "Title.
We look forward to your favorable review of these applications. Please do not hesitate to
contact the undersigned if you have any questions or require additional information.
GP/ms
Attachments
2688001
Gilberto Pastoriza
WEISS SEHOTA IRELFMAN`
PASTORIZA COLE & BQNISEE, P.L.
Legal Descriptions:
Folio: 01-3218-004-0650
Address: 7000 Biscayne Blvd.
Owner: 7000 Biscayne LLC.
LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF
BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427
SQUARE FEET, MORE OR LESS.
116 t I
Portion of Folio: 01-3218-004-0650
Address: 7000 Biscayne Blvd.
Owner: 7000 Biscayne LLC.
Legal Description: Lot 24, in Block 2, of Baywood, according to the Plat thereof, as recorded in
Plat Book 5, Page 85, Public Records of Miami -Dade County, Florida. Containing approximately
5,100 Square Feet, more or less.
This instrument prepared by and
after recording return to:
Gilberto Pastoriza, Esq.
Weiss Serota Hellman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
DECLARATION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
KNOW ALL ME BY THESE PRESENTS: That 7000 Biscayne LLC ("Owner")
hereby makes, declares and imposes on the land legally described on Exhibit "A" attached
hereto (the "Property") the covenants running with the title to the land set forth herein, which
shall be binding on the Owner, all heirs, successors and assigns, personal representatives,
mortgagees, lessees and against all persons claiming by, through or under them.
WHEREAS, Owner holds fee simple title to the Property; and
WHEREAS, Owner may wish to convey portions of the Property from time to time and
this instrument is executed in order to assure that the phased development of the Property with
future ownership will not violate any subdivision or zoning requirements of the City of Miami;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which
are hereby acknowledged, Owner hereby agrees as follows:
1. Limit the T4-L property as legally described in Exhibit "B" to all uses permitted
under T3 and only surface parking under the T4-L uses.
2. At the time of building permit, the T4-L property shall comply with all Miami
21 regulations, including Section 9.7.
3. In the event of multiple ownership of the Property, each of the subsequent
owners, mortgagees and other parties in interest shall be bound by the terms, provisions and
conditions of this instrument; and Owner will not convey portions of the Property to such other
parties unless and until Owner and such other parties shall have executed and mutually
delivered in recordable form an instrument to be known as a "Declaration of Restrictions and
Reciprocal Easement Agreement' which shall contain. among other things, the following:
(a) Easements in the common area of each parcel for ingress to and egress
from the other parcels.
(b) Easements in the common area of each parcel for the passage and
parking of vehicles.
(c) Easements in the common are of each parcel for the passage and
accommodation of pedestrians.
(d) Easements for access roads across the common area of each parcel to
public and private roadways.
(e) Easements for the installation, use, operation, maintenance, repair,
replacement, relocation or removal of utility facilities in appropriate
areas in each such parcel.
(f) Easements on each parcel for construction of buildings and
improvements in favor of each other parcel.
(g) Easements upon each parcel in favor of each adjoining parcel for the
installation, use„ maintenance, repair, replacement and removal of
common construction improvements such as footing, supports and
foundations.
(h) Easements on each parcel for attachment of Building.
(1) Easements on each parcel for Building overhangs and other overhangs
and projections encroaching upon such parcel from adjoining parcel such
as, by way of example, marquees, canopies, lights, lighting devices,
awnings, wing walls and the like.
(j) Appropriate reservation of rights to grant easements to utility companies.
(k) Appropriate reservation of rights to road rights -of -way and curb cuts.
(1)
Easements in favor of each such parcel for pedestrian and vehicular
traffic over dedicated private ring roads and access roads.
(m) Appropriate agreements between the owners of the several parcels as to
the obligation to maintain and repair all private roadways, parking
facilities, common areas and common facilities and the like.
These instruments or portions may be waived if approved by each of the directors of the Public
Works Department, the Planning Department, the Building Department, and the Office of
Zoning, or their designees. if the provisions are inapplicable to the subject property. In
addition, the instruments shall contain such other provisions with respect to the operation,
maintenance and development of the property as the parties may agree. Such provision may be
2
modified or amended by such parties (or the applicable association governing such parties)
without approval or joinder by the directors, or their designees, if it will be constructed,
conveyed and operation in accordance with an approved site plan. The multiple owners may,
by mutual agreement, allocate among themselves and the parcels owned by them, setbacks,
parking, open space, floor area and similar governmental requirements, and these allocations
shall be honored in connection with requests for future site plan changes.
4. The covenant in lieu of Unity of Title shall be in effect for a period of thirty
(30) years from the date the documents are recorded in the public records of Miami -Dade
County, Florida, after which time it shall be extended automatically for successive periods of
ten (10) years, unless released in writing by the Owners with approval by the Zoning
Administrator. With respect to any portion of the subject property over which a condominium,
homeowners or other similar association then exists, the instrument of amendment,
modification or release shall be executed by such association (in accordance with its governing
documents) in lieu of the fee owners of such portion of the subject property. For
modifications, amendments, or releases, joinder is required by each of the directors of the
Public Works Department, the Planning Department, the Building Department, and the Office
of Zoning, or their designees to execute the instrument of amendment, modification or release
upon the demonstration and affirmative finding that the Covenant is no longer necessary to
preserve and protect the property for the purposes herein intended..
S. The provisions of this instrument may be amended, modified, or released by a
written instrument executed by the then owners of the Property, provided same is also
approved by the City Attorney. Should this instrument be so amended, modified or released,
the directors of pubic works, community planning and revitalization and building and zoning of
the City of Miami, or their respective designees or successors, shall forthwith execute a written
instrument effectuating and acknowledging such amendment, modification or release.
6. Enforcement shall be by action against the parties or persons violating or
attempting to violate any covenants. The prevailing party in any action or suit pertaining to or
arising out of this Declaration of Restrictive Covenants shall be entitled to recover, in addition
to costs and disbursements allowed by law, such sum as the court may adjudge to be
reasonable for the services of its attorney. This enforcement provision shall be in addition to
any other remedies available at law, in equity or both.
7. Invalidation of any of these covenants by judgment of court shall not affect any
of the other provisions, which shall remain in full force and effect.
$. This Declaration of Restrictive Covenants in Lieu of Unity of Title shall be
recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense.
9. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an
3
election of remedies, nor shall it preclude the party exercising the same from exercising such
other additional rights, remedies or privileges as may be available to it
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed
as of the day and date first above written.
WITNESSES
7000 BISCAYNE LLC,
a Florida limited liability company
By:
Print Name: Print Name: Todd Leoni
Print Name:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Its: Managing Member
The foregoing instrument was acknowledged before me this day of , by
Todd Leoni, as managing member of 7000 Biscayne LLC, a Florida limited liability company,
in the capacity aforestated; such person is (check one) [ ] personally known to me or [ ] has
produced as identification.
2688001
4
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
Legal Descriptions:
Folio: 01-3218-004-0650
Address: 7000 Biscayne Blvd.
Owner: 7000 Biscayne LLC.
LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF
BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427
SQUARE FEET, MORE OR LESS.
Folio: 01-3218-004-0660
Address: 7010 Biscayne Blvd.
Owner: 7000 Biscayne LLC.
LEGAL DESCRIPTION: LOT 26, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,073 SQUARE
FEET, MORE OR LESS.
Folio: 01-3218-004-0430
Address: 7020 Biscayne Blvd.
Owner: 7000 Biscayne LLC.
LEGAL DESCRIPTION: LOT 2, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE
FEET, MORE OR LESS.
Folio: 01-3218-004-0420
Address: 7030 Biscayne Blvd.
Owner: 7000 Biscayne LLC.
LEGAL DESCRIPTION: LOT 1, LESS THE EAST 8 FEET THEREOF, 1N BLOCK 2, OF BAYWOOD,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE
FEET, MORE OR LESS.
`'"-
Portion of Folio:01-3218-004-0650
Address: 7000 Biscayne Blvd.
Owner- 7000 Biscayne LLC.
Legal Description: Lot 24, in Block 2, of Baywood, according to the Plat thereof, as recorded in
Plat Book 5, Page 85, Public Records of Miami -Dade County, Florida. Containing approximately
5,100 Square Feet, more or Tess.
TONING DEPARTMENT
444 S.W.2ND Avenue, 4'h Floor
Miami,FL33130-1910
305.4 1 6. 1 499
Prepared by, and after recordation returned to:
Victoria Mendez City Attorney
Office of City Attorney
444 SW 2nd Avenue, Suite 945
Miami, FL 33130-1910
UNITY OF TITLE
WHEREAS, the undersigned is the owner of that property legally described as:
SEE ATTACHED EXHIBIT A (the "Property")
The undersigned recognized and acknowledges that for the public health, welfare,
safety and/ or morals, the herein -described property should not be divided into
separate parcels owned by several owners so long as the same is put to the hereinafter
use, and
In consideration of approving an amendment to the Miami Comprehensive
Neighborhood Plan (the "Plan") and rezoning of a portion of the Property (the
"Rezoning").
If the City of Miami ultimately approves the Plan and Rezoning it will be subject to the
provisions of this Unity of Title .
And for other good and valuable considerations, the undersigned hereby agrees to
restrict the use of the subject properly in the following manner:
1. That said property (all of the lots and/or parcels of land encompassing the
building site) shall be considered and held together as one plot and parcel of
land and that no portion of said plot and parcel of land shall be sold, transferred,
leased, encumbered, divided or assigned separately, except in its entirety as one
plot or parcel of land;
2. The undersigned further agrees that the conditions), restriction(s) and limitations)
shall be deemed a covenant running with land, which shall be recorded in the
public records of Miami -Dade County, at the undersigned's cost and expense,
and shall remain in full force and effect and be binding upon the undersigned,
their heirs ,successors, and assigns until such time as the same may be released in
writing by the Director of the Planning Department and/or the Zoning Director or
his / her designated representative; provided, however. that this Unity of Title may
be released in writing by the Director of the Planning Department and /or the
Zoning Director or his / her designated representative, after approval of site plan
which meets all applicable City regulations. The undersigned shall promptly
provide a copy of this instrument within thirty (30) days of its recordation. The
Unity of Title shall be approved as to legal form and content by the City Attorney.
Signed, sealed, executed and acknowledged on this day of A.D.
2014, at Miami, Florida.
ZONING DEPARTMENT
444 S.W.2N° Avenue, 4'n Floor
Miami,FL33134-1914
305.41 6. 1 499
WITNESS 7000 BISCAYNE LLC, a Florida limited
liability company
Signature
Print Name Name: Todd Leoni
Its: Managing Member
WITNESS
Signature
Print Name
(STATE OF FLORIDA)
(COUNTY OF MIAMI DADE)
I HEREBY certify that on this day before me, a Notary Public duly authorized in the state
and county named above to take acknowledgement, personally appeared Todd Leoni
as managing, member of 7000 Biscayne LLC, a Florida limited liability company to be well
known to be the person(s) described in and who executed the foregoing instrument and
acknowledged to and before me that they executed said instrument under oath and for
the purposes therein expressed.
WITNESS my hand official seal in the county and state named above this day
of A.D.2014.
Notary Public, State of Florida at Large
My commission expires:
Approved as to Legal Form and Correctness:
Victoria Mendez, City Attorney
ZONING DEPARTMENT
444 S.W.2"v Avenue, 41h Floor
Mi o n1.FL33 1 30-1910
305.41 6. 1 499
Exhibit "A"
Legal Descriptions:
Folio: 01-3218-004-0650
Address: 7000 Biscayne Blvd.
Owner: 7000 Biscayne LLC.
LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF
BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427
SQUARE FEET, MORE OR LESS.
REZONING APPLICATION
PLANNING DEPARTMEN;
PLANNING AND ZONING DEPARTMENT, HEARING BOAISdA IEVTIcb i 6: 16
444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030
www_miamigov. amfhearinq boards
�t
Welcome to the City of Miami! This application is intended to serve as a guide in assisting you
with our public hearing process. Please feel free to contact us, should you have any questions.
There is no deadline to submit this application as it is presented semi-annually to the Planning,
Zoning and Appeals Board and the City Commission. The application submittal date is the
date stamped by Hearing Boards' staff on this page. The responses to this application must
be typed and signed in black ink. All pertinent and accurate information/documentation; i.e.,
the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt.
The applicant is responsible for the accuracy of the information contained in the application and
all supporting materials. Should you wish, you could bring the materials to our office for review
prior to submittal to ensure completeness.
You will be responsible, if needed, to bring an interpreter for the English language to any
presentation before city boards, committees and the city commission. A valid power of attorney
will be required if neither applicant or legal counsel representing the applicant execute the
application or desire to make a presentation before city boards, committees and the city
commission. All documents, reports, studies, exhibits (8'/2x11") 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, 07-2013
REZONING APPLICATION
Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information.
1. Applicant(s): 7000 Biscayne LLC
2. Subject property address(es) and folio number(s): Portion of property whose address is
7000 Biscayne Blvd., Mimai, FL. 01-3218-004-0650, see attached Exhibit
Present zoning designation(s): T3-L
Proposed zoning designation(s): T4-L
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. See Letter of Intent
One (1) original, two (2) 11 x17" copies and one (1) 8'/2x11 copy of the survey of the property
prepared by a State of Florida registered land surveyor within six (6) months from the date of the
application.
A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey_
8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A', to match with the current survey's legal description.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;.
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15, Original Public School Concurrency Management System Entered Requirements form.
16. The subject property(ies) cannot have any open code enforcement/lien violations.
17, What is the acreage of the project/property site? 5.100 sq. ft.
Rcv. 07-2013
REZONING APPLICATION
18. What is the purpose of this application/nature of proposed use? Provide a self contained buffer
between the Biscayne Boulevard frontage and the residential properties to the west.
19. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning and Zoning Department on the 3' Floor for information. Mimo
District
20. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3` Floor for information. No
21. What would be the anticipated duration of the presentation in front of the:
® Planning, Zoning and Appeals Board 30 minutes and/or ® City Commission
22. Cost of processing according to Section 62-22 of the Miami City Code*:
Change of zoning classification to:
a. CS, T3-R, T3-L, T3-0, T4-R, T4-L, T4-0, T5-R, T5-L, T5-0, 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
f. Meeting package mailing fee per package
*Fees over $25, 0
Signature
Name Gilberto Pastoriza
Telephone (305)854-0800
30 minutes
$ .50
$ 2,500.00
CI -HD:
$ .70
$ 5,000.00
$ 1,500.00
$ 150.00
$ 4.50
$ 6.00
form of a certified check, cashier's check, or money order.
Address 2525 Ponce de Leon Blvd., #700
Coral Gables, FL 33134
E-mail gpastoriza@wsh-law.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this 1 k day of
2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporationn oY 7000
Biscayne LLC, a Florida limited liability company 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)
* MY COMMISSION 1 EE 116632
EXPIRES, Septemlar 13,206
or oBanded Thru Bedget Notary lento
Rev. 07-2013 4
CERTIFIED COMPANY RESOLUTION
The undersigned hereby certifies that he is the manager of 7000 BISCAYNE LLC, a
Florida limited liability company (the "Company"), that the following is a true and
correct copy of the resolutions adopted by the manager at a meeting held on January 14,
2014, at the offices of the Company.
RESOLVED that the Company consents to and joins in the
filing with the City of Miami applications to change the zoning
and comprehensive plan designation for the property located at
7000 Biscayne Blvd., Miami, Florida, (the "Applications");
and the filing of all necessary documents, necessary to the
filing, including Unity of Title and Declaration of Restrictive
Covenants in Lie of Unity of Title; and be it
FURTHER RESOLVED that Mr. Todd Leoni is authorized to
execute any and all documents on behalf of the Company.
FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the
law firm of Weiss Scrota Helfrnan Pastoriza et al, are
authorized, directed and empowered to execute any and all
applications, petitions, and other documents necessary to
effectuate the Applications.
The adoption of said resolution was in all aspects legal; and that said resolutions are in
full force and effect and have not been modified or rescinded.
Dated this day of 3 CL
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
7
}
, 2014.
7000 BISCAYNE LLC, a Florida limited
liability company
Todd Leoni, Manager
I HEREBY certify that on this day before me, a Notary Public duly authorized in
the state and county named above to take acknowledgement, personally appeared Todd
Leoni, as Manager of 7000 Biscayne LLC, a Florida limited liability company to be well
known to be the person(s) described in and who executed the foregoing instrument and
acknowledged to and before me that they executed said instrument under oath and for the
purposes therein expressed.
WITNESS my hand
A.D., 2014.
t
/‘?
and official seal this
day of
SIGNATURE OF PO.SON TAKING AKNOWLEDGEMENT
�;�• ;� MARILYN SOM0DEV1LLA
* MY COMMISSION N EE 116532
EXPIRES: September 13, 2015
OF FL` Balled Thm Bucket Notary Semces
REZONING APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Gilberto Pastoriza
, who being by me first deposes and says:
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.
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, ID including or 0 not including responses to day to day
staff inquires.
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.
Gilberto Pastoriza
Applicant(s) Name ------Applicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of
2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7000' Biscayne
LLC, a Florida limited liability company a(n) individual/partnership/corporation. He/She is_personally
knowjitailie or who has produced as identification and who did (did not)
take an oath.
(Starnp)
(a„,,LA
Signature
MARILYN SOMODEVIWI
MY COMMISSION # EE 116532
EXPIRES; Septenter 13, 2615
Bonded Thu Budge! Nalary Services
Rev. 07-2013
5
REZONING APPLICATION
DISCLOSURE OF OWNERSHIP
1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code
requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a
presentation, request or petition. Accordingly, disclosure of shareholders of corporations,
beneficiaries of trusts, and/or any other interested parties, together with their address(es) and
proportionate interest are required. Please supply additional lists, if necessary.
Owner's Name(es) 7000 Biscayne LLC is owned by Todd Leoni
Percentage of Ownership 100%
Subject Property Address(es) 7000 Biscayne Boulevard, Miami, Florida
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 fisted in question #1 above. Please supply additional
lists, if necessary.
Street Address(es): Legal Description(s):
See attached Exhibit "A"
Gilberto Pastoriza
Owner(s) or Attorney Name -?wner(s) or Attorney Signatur
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
. _
The foregoing was acknowledged before me this 1 Lk- day of ��/�
2014, by Gilberto Pastoriza who is a(n) individual/partnerfactenticorporation of i 7000
Biscayne LLC, a Florida limited liability company a(n) individual/partnership/corporation. He/She is
rsonally known to me or who has produced as identification and who did
(dfd-not take an oath.
(Stamp)
Signature
r(.,°'', MARILYN SOMODEVILLA
t A 3 * MY COMMISSION # Ef: 116532
sr9 uu �� EXPIRES: September 13, 2015
Bonded T ru Budge! Notary Santo
Rev. 07-2013 6
Legal Descriptions:
Folio: 01-3218-004-0650
Address: 7000 Biscayne Blvd,
Owner: 7000 Biscayne LLC.
LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF
BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427
SQUARE FEET, MORE OR LESS.
Folio: 01-3218-004-0660
Address: 7010 Biscayne Blvd.
❑wner: 7000 Biscayne LLC.
LEGAL DESCRIPTION: LOT 26, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,073 SQUARE
FEET, MORE OR LESS.
Folio: 01-3218-004-0430
Address: 7020 Biscayne Blvd.
Owner: 7000 Biscayne LLC,
LEGAL DESCRIPTION: LOT 2, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE
FEET, MORE OR LESS.
Folio: 01-3218-004-0420
Address: 7030 Biscayne Blvd.
❑wner: 7000 Biscayne LLC,
LEGAL DESCRIPTION: LOT 1, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE
FEET, MORE OR LESS.
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THIS INSTRUMENT PREPARED BY:
RECORD AND RETURN TO:
Todd Leoni
P.O. Box 381703
Miami, Florida 33238
CORRECTIVE WARRANTY DEED
CFN: 20130497836 BOOK 28691 PAGE 4420
DATE-06/22/2013 07.08 56 PM
DEED DOC 0.60
SURTAX 0.45
HARVEY RUVIN, CLERK OF COURT MIA-DADE CTY
THIS WARRANTY DEED, made this l5114 day of April, 2013 by TNA PALMS, INC. A Florida Corporation hereinafter called
grantor, to 7000 Biscayne LLC, a limited liability company, hereinafter called grantee, whose post office address 15 P.O. Box 381703,
Miami, Florida 33238.
WITNESSETH: That the grantor, for and in consideration of the sum of TEN DOLLARS (S10.00) and other valuable consideration,
receipt whereof is hereby acknowledged. hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all
that certain land situate in Miami -Dade County, Florida, viz:
1.
Folio #: 01.3218.004.0650
Address: 7000 Biscayne Blvd, Miami, Florida 33138
Legal Description: BAYWOOD PB 5-85 LOTS 24 & 25 LESS E8FT & LESS FXT AREA OF
CURVE IN SE COR LOT OF 25 FOR RAY BLK 2 LOT SIZE 10265 SQ FT
Folio #: 01.3218,004.0660
Address; 7010 Biscayne Blvd, Miami, Florida 33138
Legal Description: HAYWOOD PB 5-85 LOT 26 LESS E8FT FOR ST BLK
2 LOT SIZE 50.000 X 102 OR 19317-0123 2 (2) OR 19317-0123 1000 03
Folio #: 01.3218.004.0430
Address: 7020 Biscayne Blvd, Miami, Florida 33138
Legal Description: BAYWOOD PB 5-85 LOT 2 LESS ESFT BLK 2 LOT SIZE
50.000 X 102 OR 19317-0123 2 1000 (2) OR 19317-0123 1000 03
Folio #: 01.3218.004,0420
Address: 7030 Biscayne Blvd, Miami, Florida 33138
Legal Description: BAYWOOD PB 5-85 LOT 1 LESS EBFT & LESS EXT AREA OF CURVE 1N
NE CORNER FOR R/W BLK 2 LOT SIZE 5244 SQ FT OR 19317-0 124 1000 5
Taxes for the year 2012 and subsequent years, which are not yet due and payable.
2. Zoning, restrictions, prahibitations and other requirements imposed by governmental authority: restrictions and matters appearing
on the plat otherwise common to the subdivision and public utility easements of record, without the intention of reimposing the same.
TOGETHER with all the tenements, hereditements and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the said grantor does hereby fully warrant the title to said land and will defend the same against the lawtisl claims ad]
persons whomsoever. **This Deed is being recorded to correct that certain Warranty
reed roc rdet3 in Official Records Rook 28511, at Page 1153, Dade county, Florida
IN WITNESS WHEREOF. the said grantor hereunto set its hand and seal the day and year first above written.
Signed, sealed and delivered TNA PALMS, INS., a Florida Corporation
in the plesenee of:
Witness Signature (a
Print N
Witness Signature (as [o both}
Nam 12-
Print Name
STATE OF FLORIDA
COUNTY OF A+tIAMI-DADE
The foregoin instrum t was acknowledged, sworn to art s
day of ,2013.
My Commission Expires:
By:
Todd Leans, President
P.O. Box 381703
Miami, Florida 33238
sion/Serial Number (If any)
Personally I{rs ti OR Produced Identification
Type of I fication Produced:
on this
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 agrcenient 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 ofa lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
Gilberto Pastoriza
(First Name)
(Middle) (Last Name)
HOME ADDRESS: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
(Address Line 1)
2525 Ponce de Leon Blvd., Suite 700
(Address Line 2)
CITY: Coral Gables STATE: Florida ZIP: 33134
HOME PHONE: (305) 854-0804 CELL PHONE: FAX: (305) 854-2323
EMAIL: gpastoriza®wsh-law. com
FUSSINESS or APPLICANT or ENTITY NAME
7000 Biscayne LLC
BUSINESSADDRESS: c/o Gilberto Pastoriza, 2525 Ponce de Leon Blvd., #700
(Address Line 1
Coral Gables, FL 33134
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Rezoning & comprehensive plan for 7000 Biscayne Boulevard, Miami, FL
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES 11 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.
f.7nc. 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 Phonct
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
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur;
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
Z, no application from any person or entity for the same issue sh ewed or
considered by the applicable board(s) untiltion of a pe ' of one yr after the
nullification of the application or orde
PERSON SUBMITTING DISCLOSURE:
ignature
Gilberto Pastoriza
Print Name
tiSworn to and subscribed before me this 1 �dW of �L 10�� The faregal�tg
instrument was acknowledged before me by (}-�47
`z , who has produced
as identification and/or is personally known to me and who did/did not take an oath.
STATE OF FLORIDA
CITY OF MIAMI
MY COMMISSION
EXPIRES:
Enclosurc(s)
Doc. No,'86543
Notary
t,�r ys. MARILYN SOMOCEVILLA
" r
rwg OMMISSION t EE 1165..2
EXPIRES: Septembe►13, 2615
Coaail Thal BudgatNotarjSeracaa
Page