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HomeMy WebLinkAboutPZAB 03-05-14 Supporting DocsFile ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: PZAB.10 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-000521u Quasi -Judicial AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 230, 234 AND 250 NORTHWEST 24TH STREET, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 230, 234 and 250 NW 24th Street [Commissioner Keon Hardemon - District 5] Steven J. Wernick, Esquire, on behalf of Wynwood 250, LLC 1 SE 3rd Avenue, Suite 2500 Miami, FL 33131 (305) 374-5600 This will change the above properties from "Light Industrial" to "General Commercial". Recommended denial. See supporting documentation. Planning, Zoning and Appeals Board: March 5, 2014 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 230, 234, & 250 NW 24th Street File ID 14-000521u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Light Industrial" to "General Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The primary intent of the "Light Industrial (LI)" land use classification is to allow mixed use development within this land use classification, and further, to facilitate the ability of developing a mixed occupancy within a unit in which more than one type of use is provided under Live/Work or Work/Live zoning districts of the City's land development regulations. Areas designated as "Light Industrial" allow all activities included in the "Restricted Commercial" and "General Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to general commercial areas. These commercial activities (beyond those permitted in the "Restricted Commercial" and "General Commercial" designa- tions) include retailing of second hand items, new and used vehicle sales, parking lots and ga- rages, wholesaling, warehousing, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. This category also allows commercial marinas and living quarters on vessels for transients. This land use category shall not permit storing, packaging, handling, processing or distribution of explosive, flammable or otherwise hazardous materials; scrap yards; and health clinics. The hazard level of an activity shall be one of the determining factors as to whether that activity shall be permissible within a Light Industrial district; the detailed provisions of the applicable land development regulations shall prohibit high-level hazard activities within live/work devel- opments. Areas designated as "Light Industrial" allow residential uses to a maximum density of 36 dwel- ling units per acre, and the nonresidential portions of developments within areas designated as "Light Industrial" allow a maximum floor lot ratio (FLR) of 10.0 times the net lot area of the sub- ject property All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. The "General Commercial" future land use categories allows all activities included in the "Re- stricted Commercial" designations, as well as wholesaling and distribution activities that gener- ally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of 1 second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses de- scribed above. Multifamily residential structures of a density equal to High Density Multifamily Residential are allowed, subject to the detailed provisions of the applicable land development regulations. The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land de- velopment regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "General Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ra- tio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. DISCUSSION The subject area consists of three parcels comprising approximately 0.50 acres. This site is located on the eastern portion of the block bounded by NW 23rd Street on the south, NW 5th Avenue on the west, NW 24th Street on the north, and NW 2nd Avenue on the east. The site and the areas to the north, south, and west are designated "Light Industrial"; the area to the east along the NW 2nd Avenue corridor are designated "Medium Density Restricted Commercial". The subject site is in the WYNWOOD/EDGEWATER NET area. ANALYSIS The Planning Department is recommending DENIAL of the amendment as presented based on the following findings: • MCNP Land Use Goal LU-1(1) encourages a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods and (5) promotes the efficient use of land and minimizes land use conflicts. This amendment will increase conflicts because the proposed designation will allow for structures that are out of scale with the surrounding neig hborhood. • MCNP Housing Policy HO-1.1.7 states the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. The "General Commercial" category allows for residential uses that could be of a much greater height than the surrounding areas; 2 • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the adjacent "Medium Density Restricted Commercial" future land use category allows residential structures up to a maximum of 65 dwelling units per acre, while the "Light Industrial" designation allows up to 36 dwelling units per acre. The requested "General Commercial" designation allows a density equivalent to "High Density Multifamily Residential" or 150 dwelling units per acre. This is out of scale and character with the surrounding neighborhood. • Land Use Policy LU-1.1.3 (1) provides for the protection of all areas of the city from the encroachment of incompatible land uses; and (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety. The uses allowed in the "General Commercial" category have fewer potential adverse impacts to the adjacent area with the existing "Light Industrial" designation, but are more adverse than the adjacent areas with the current "Medium Density Restricted Commercial" designation. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvements Element. • The analysis is NOT based on a proposed project. The highest potential use is being considered. • The Miami 21 zoning designation currently approved on this parcel is D1 — "District 1". The proposed designation is T6-8-O — "Urban Core". These findings support the position that the Future Land Use Map at this location and for this neighborhood should NOT be changed. 3 FUTURE LAND USE MAP (EXISTING) NVV L 1 I M I tK NW 27TH ST NW 26TH ST l NW 25TH ST Light Indu strial w NW 22ND LN "WO '-NIA,!22ND TER NW 22ND TER 0 150 300 600 Feet Commercial NW 23RD ST J 0- ADDRESS: 230, 234 & 250 NW 24 ST FUTURE LAND USE MAP (PROPOSED) NW 26TH ST NW 25TH ST Commercial General[...........r NW 24TH_ST 0 150 300 i I ! I I-r Light Industrial NW 23RD ST 600 Feet NW 2ND AVE NW 24TH ST NW 23RD ST - � co ZJW 22ND ST ADDRESS: 230, 234 & 250 NW 24 ST 0 150 300 NW 22ND LN Z� NW 22ND ST , So,urcee i= it o �italGlobeGeoE e�iiub•e. J�A, UGS A*.eft .ppi oAerogrid1l,GN. JGPswis topo, and�4hel - s-ri®ommuni 600 Feet ADDRESS: 230, 234 & 250 NW 24 ST Akerman Via Hand Delivery Anel Rodriguez Hearing Boards Section 3rd Floor 444 S.W. 2nd Avenue Miami, Florida 33130 RECEIVED PLANNING DERARTMEN 'Steven J. Wernick 14 JAN 21 Pt1 0. 16 IC Akerman LLP One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5600 Fax: 305.374.5095 January 21, 2014 Dir: 305.982.5579 Dir Fax: 305.349.4803 steven.wernick@akerman.com Re: 230, 234, and 250 NW 24th Street Applications for Comprehensive Plan Amendment and Rezoning Letter of Intent / Supporting Analysis under Article 7.1.2.8.c2(g) of Miami 21 Mr. Rodriguez: Our firm represents Wynwood 250, LLC ("Applicant"), owner of that certain property located at 230 NW 24th Street, 234 NW 24th Street, and 250 NW 24' Street in Miami, Florida (collectively, the "Property"). The Property is collectively approximately 21,775 square feet (.50 acres) of current vacant unimproved land with 230 feet of frontage on the south side of NW 24th Street, in the heart of Wynwood. The Applicant hereby submits applications for (1) a proposed amendment to the future land use map of the City of Miami Comprehensive Neighborhood Plan ("MCNP") from "Medium Density Restricted Commercial" and "Light Industrial" to "General Commercial", and (2) a rezoning from D1 to T6-8-0 (the "Applications"). These Applications are submitted as companion items under Chapter 62 of the City of Miami to be noticed to the public and scheduled for public hearing concurrently. The Applicant is interested in developing the Property as a mixed -use phased project to include ground floor retail, with Live -Work and multifamily residential units above the ground floor. The main driver behind this application is to provide for more flexibility to achieve a mixed -use project with residential uses. Under current designations on the City's Future Land Use Map and the current D1 transect zone, the Applicant is limited to "Work -Live" uses at 36 units/acre. The current zoning prohibits Live -work and apartment units, which are important to providing a true residential presence in this growing area of Wynwood. akerman.com {27832722,2} Mr. Anel Rodriguez Page 2 of 6 I. Background Wynwood is undergoing a tremendously exciting transformation from a former textile and warehouse district to a mixed -use district, incorporating the arts, cultural programing, tech start- ups and other unique users, where individuals of all backgrounds and demographics can work, live, and play within its boundaries. While Wynwood has experienced a significant amount of adaptive reuse and renovation of warehouses into food and beverage establishments, galleries and small shops, there has been little new construction and virtually no residential development since the adoption of Miami 21. The Applicant is developing a two-phase project on the Property, on a stretch of NW 24th Street behind Panther Coffee - Wynwood's epicenter for social interactions and pedestrian activity. Phase 1 of the project is already in design and permitting, and would call for a 6-story mid -rise building, including retail on the ground floor, with 5 stories of Live -work or multifamily apartments. Phase 2 of the project would likely consist of an 8 story building with retail on the ground floor and 7 stories of multifamily apartments and supportive parking. The buildings are likely to be built as condominiums with the residential units to be sold to individual owners, while the ground floor retail may be retained by the developer. The Applicant's project is directly across the street from the proposed "Wynwood Central" - a planned mixed use building, with 69 rental work -live units, approximately 40,000 square feet of retail space, 60,000 square feet of commercial office space, and a 420-space parking garage. Between Wynwood Central and the Applicant's project, NW 24th street is poised to become a vibrant truly mixed -use street in Wynwood, where people can work, live, and play. The Applicant is passionate about the future of Wynwood. The Applicant's managing director, David Polinsky, Ph.D., is not only a local developer but also a Board Director and Treasurer of the Wynwood Business Improvement District ("BID") and the BID's Committee Chair for Planning & Transportation. The Applicant has a deep commitment to small-scale infill developments which place a high emphasis on design, arts & architecture. The Applicant went through an extensive vetting process for the design architecture of the project and ultimately selected Laith Sayigh from New York City. Laith Sayigh is an up-and-coming architect who spent the first parts of his career in the offices of Sir Norman Foster of London, Skidmore Owings & Merrill in San Francisco and Diller Scofidio + Renfro of New York, where he worked on the $200 million renovation of Lincoln Plaza in Manhattan. In the area of arts programming, Wynwood 250, LLC has shown a commitment to Wynwood-appropriate arts integration by hiring Wynwood gallerist Anthony Spinello of Spinello Projects to curate the mural arts to be integrated into the Phase 1 structure. Spinello Projects was the only Miami gallery invited to exhibit at the official Art Basel event in 2012 and was invited for a second year in a row in 2013. {27832722;2} 2 Mr. Anel Rodriguez Page 3 of 6 II. Application for Comprehensive Plan Amendment Section 62-8(c) of the City of Miami Code of Ordinances provides that amendments to the future land use map shall be reviewed to ensure that "the land use, densities and intensities proposed are compatible with and further the objectives, policies, land uses, and densities and intensities in the comprehensive plan, provided further that the comprehensive plan shall be construed broadly to accomplish its stated purposes and objectives." This proposed amendment is compatible with the objectives, policies, land uses and densities and intensities in the City's MCNP. The primary goal set forth in the Future Land Use Element, Goal LU-1 is to protect and enhance the quality of life and foster economic development. Specifically, Policy LU-1.1.11 calls for a priority to be placed on urban infill. "[The concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures." As the Property sits in the middle of a burgeoning activity center within Wynwood, and is comprised entirely of vacant land, the proposed amendment is consistent with this policy. Furthermore, the Property is located within the State of Florida's Enterprise Zone (Central) and the Federal Empowerment Zone (Miami -Dade County), both of which identify the Property as being within a distressed area targeted for economic development. This proposed amendment also furthers Goal LU-3, which encourages urban redevelopment in identified Urban Infill Areas, Objective LU-3-1, which calls for the City to promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas to facilitate redevelopment, and Policy LU-3.1.1, which call on the City to continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment. In recognition of the variety of land uses that are currently present and being introduced in the neighborhood and the demand for a pedestrian -friendly mixed -use district that can be a thriving and exciting place to live, eat, shop and work, the Applicant is proposing that the Future Land Use Map under the City's Comprehensive Neighborhood Plan be amended to designate the Property as General Commercial. III. Application for Rezoning The Applicant has spent considerable time and effort analyzing the current regulations under Miami 21, as applicable to the Property. The current zoning, D1, limits residential uses to "Work -Live" and only allows up to 36 units per acre. Based on its location near the social epicenter of Wynwood and the growing demand for diverse housing opportunities in Wynwood, the Applicant believes strongly that the best and highest use for the Property is for Live -Work units with ground floor retail. The Applicant is committed to a 2-phase project that will incorporate different types of residential units. In recognition of the market conditions, the Applicant submits this application to rezone the Property from D1 to T6-8-O, which will allow for greater density and the ability to provide a true mixed -use building with residential uses that maintains consistency with the size and scale of the surrounding neighborhood. The Applicant hereby includes a voluntary {27832722;2} 3 Mr. Anel Rodriguez Page 4 of 6 proffer of a covenant restricting the height of the buildings constructed on the Property to a maximum of eight (8) stories (the "Proffered Covenant"). Analysis under Article 7.1.2.8.c2(a) of Miami 21 Contained below is a narrative analysis of the justification for the proposed rezoning of the Property to T6-8-0. In support of this application, the Applicant has also included a package labeled "Rezoning and Future Land Use Map Amendment - Graphic Analysis" to demonstrate visually the consistency of these Applications with the current scale and massing of the neighborhood. i. Existing Conditions Included within the Graphic Analysis for your review and consideration are photographs of building elevations of all existing properties within 300 feet of the Property. We have also included an aerial photograph and exhibits showing the future land use designations and transect zone designations for these surrounding properties. The current conditions in the surrounding area show several vacant properties and a number of existing one and two story warehouses and other older commercial and industrial buildings. Some of these buildings have been renovated for adaptive reuse, but many remain in deteriorated condition. Clearly, many of these property owners have been waiting for the right time and market conditions to redevelop their properties. The Graphic Analysis also shows the most recent new construction in the area, including Wynwood Lofts, directly to the south of the Property, which rises to approximately 65 feet in height. To the west of the Property and on all east -west streets between NW 2nd Avenue and NW 5th Avenue, these properties are zoned D1. The properties directly to the east abutting NW 2nd Avenue are zoned T5-0. ii. Comparative Analysis In analyzing the current vs. proposed transect zone regulations, it is evident that the proposed rezoning is both practical and appropriate to the scale of building size and massing currently permitted under the current D1 transect zone throughout the surrounding neighborhood. As demonstrated in the conceptual and volumetric studies, the proposed building envelope under the current zoning and the proposed rezoning does not change. Under D1, the Property can be built to 8 stories (with a bonus of up to 10 stories) with 80% maximum lot coverage and 10 feet front setbacks, 0 feet side and rear setbacks. Under the proposed rezoning to T6-8-0 with the Proffered Covenant, the Property can be built to the same 8 stories, with 80% maximum lot coverage and 10 feet front setbacks, 0 feet side and rear setbacks. The only significant changes are the permitted uses and the maximum density permitted. Whereas under D1, the Property could be used for various industrial and commercial uses and "Work -Live" units, under T6-8-0, the Property can now be developed to include commercial uses and Live -Work and Multifamily residential uses. Under D1, Miami 21 requires that Work -Live Units { 27832722;2 } 4 Mr. Anel Rodriguez Page 5 of 6 consist of at least 51 % work space and that occupants of Work -Live units maintain a certificate of use. In discussions with the Planning Department, the Applicant has determined that a rezoning from D1 to T6-8-0 is imperative in order to provide for more flexibility in residential uses and to allow for certainty for purchasers of condominium units that they have the legal right to occupy their units for residential purposes. Under D1, the Property could be developed to include a maximum of only 18 dwelling units. From a developer's perspective, the only profitable means to develop under the D1 transect zone would be to construct over -sized, luxury residences with average unit sizes greater than 1,500 square feet. But given the location of this Property, near to NW 2nd Avenue and Panther Coffee, there is a much greater demand for smaller, more affordable market -rate units for young professionals, working artists, and empty nesters who want to live in Wynwood but who may or may not work out of their homes. Allowing a larger number of smaller more affordable units would have a greater and more beneficial economic impact on the development of the neighborhood. Under T6-8-0, in theory the Applicant could develop up to 75 dwelling units. Practically, however, because of the size and location of the Property, parking and loading requirements, ground -floor retail, and the Proffered Covenant limiting the overall height to 8 stories, the Applicant estimates that the total number of units to be included will likely only be between 42 and 51 units. iii. Consistency with the MCNP The proposed rezoning is consistent with the City's MCNP and the intentions of Miami 21. First, this transect zone is consistent with the General Commercial future land use designation, which would provide for a mix of uses, including hotel, residential and retail, and provides underlying densities and intensities that are consistent with the T6-8-0 transect zone. Second, the proposed rezoning is consistent with the successional zoning theory of Miami 21. The rezoning of the Property from D1 and T5-0 to T6-8 meets the requirements of Section 7.1.2.8.c, which denote the transect zones which are available as successional zones. Further, the properties to the east of the Property are currently zoned T5-0, and the properties to the north, south, and west are zoned D1, all within one transect zone category of T6-8-0. A rezoning of the Property from D1 to T6-8-0 coupled with the Proffered Covenant ensures the consistency of the scale and massing of future development along NW 24th Street and provides for an even transition from D1 to the west and T5-0 to the east. Lastly, this rezoning furthers the purpose of the Miami 21 code, Section 2.1.1, "to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City and to provide a wholesome, serviceable, and attractive community, including without limitation, ... reduction of sprawl; and improvement of the built environment and human habitat." It is important to note that the intention of the proposed rezoning is not to depart from the industrial chic character of Wynwood. As demonstrated in the Rezoning and Future Land Use Map Amendment - Graphic Analysis, the intention is to develop a project that (a) provides for real opportunities for residential uses to be incorporated into the future development of the Property, and (b) reflects the "working" character of the neighborhood. {27832722;2} 5 Mr. Anel Rodriguez Page 6 of 6 IV. Conclusion In an effort to provide for effective development of the Property and to continue forward with the growth and revitalization of Wynwood, the Applicant respectfully requests the consideration of this amendment to the future land use map of the City's MCNP to ".General Commercial" and a rezoning to "T6-8-0". Enclosed herein are complete Applications, along with all required forms, materials and applications fees. Please contact my office with any questions, requests for additional information, and for notification of scheduling of hearings in connection with the Applications. You can reach me via telephone at 305-982-5579 and email at steven.wernick@akerman.com. Thank you for your attention to this matter. Sincerely, Steven J. Wernick Enclosures cc: Francisco Garcia, Planning Director Cesar Garcia -Pons, Deputy Planning Director Irene Hegedus, Zoning Administrator David Polinsky, Ph.D, Wynwood 250, LLC {27832722;2} 6 COMPREHENSIVE PLAN &:*ietNf 14 JAN 21 PM 1: 16 V" PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamiqov.com/hearing boards IWfrPUbS7�d 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'/zx11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative H ub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Wynwood 250, LLC 2. Subject property address(es) and folio number(s): 230, 234 & 250 NW 24th Street; Multiple folios -see Exhibit A 3. Present designation(s): Light Industrial 4. Future designation(s): General Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? Yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last y ear? If so, when? No 7. Do you own any other property within 200 feet of the subject property? No If yes, has the property been granted a Land Use Change w ithin the last year? No 8. One (1) original, two (2) 11x17" copies and one (1) 81/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 9. 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. 10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhi bit A", to match with the current survey's legal description. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. 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. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. Rev. 07-2013 COMPREHENSIVE PLAN APPLICATION 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is the acreage of the project/property site? 21,775 SF/0.50 acres 20. What is the purpose of this application/nature of proposed use? Live -Work - See Letter of Intent 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. No 24. What would be the anticipated duratio n of the presentation in front of the: 0 Planning, Zoning and Appeals Board 20 min and/or 1 City Commission 20 min 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acr e b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25,000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature Name Steven J. Wernick Telephone 305.374.5600 Address E-mail One SE Third Avenue, 25th Floor Miami, FL. 33131 steven.wernick@akerman.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Th foregoing was acknowledged before me this �� day of JGt nu6p(- 20 , by �`,-�'P\ .11 ' 1\1`0CYl\ C .L who is a(n) individual/partner/agent/corporation of v_ex-, ran , a(n) individual/partnership/corporation. He/She is personall known to me or wh•4: produced as identification and who did (did not) t.:;r;oat (Stamp) BuSIAINEY M. SAINZ c*; .. f MY COMMISSION # EE 1552'ii EXPIRES. December 21, 2015 9onded'rhru Notary Public Underwriters Rev. 07-2013 3 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Wynwood 250, LLC, a Florida limited liability company, has made, constituted and appointed, and by these presents does make, constitute and appoint STEVEN J. WERNICK the true and lawful attorney for it and in its stead to execute all documents and instruments required with respect to its applications for a Comprehensive Plan Amendment and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the property located at 230, 234 and 250 NW 24th Street, giving and granting unto STEVEN J. WERNICK its said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as it might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or its substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this I6¢'"day of , 2014. Signed and delivered in the presence of: �+ itness Signature / Signature Move lie- %esn•,o,)dl David Polinsky Witness Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: Print Name The f regoiin instrument was acknowledged before me this f day of jG( V\ua by 'G Qo�l lns - who is personally known to me or who have produced a as identification. "7' BLISLAINEY M. SAINZ •" :,r MY COMMISSION It EE 155210 EXPIRES: December 21, 2015 Th,,, Bonded Thru Notary Public Underwriters NOTARY'P LIC Print Name: la ( I n-7_ My commission expires: Z 2 {27792223;1} COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Alynty I7$ O.d LLC' � Sim*- i . JPA-A: a1 Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applicant(s) Signature 20tThe f regoing was acknowledged before me this �' 1" day of , by s"A`e ex-, ex\N 1( 1 U � ` � who is a(n) individual/partner/agent/corporation of i\r (YlanI l (n) individual/partnership/corporation. He/She is personally known to me or who h-s produced as identification and who did (did not) take a oath. 'Pr.._._6119-AINEY M.SAINA i ?r4' ' °5 ti'1'r iJMMISSI.)F7$[E't55'r'.1: { tamp) '*: u, t : - c'XPIRES: December 21, 2015 ? 1f of Bonded Thru Notary Public Underwriters ure Rev. 07-2013 4 COMPREHENSIVE PLAN 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) Wynwood 250, LLC: David I Polinsky, Bradley R. Carlson Percentage of Ownership David I. Polinsky: 50%; Bradley R. Carlson: 50% Subject Property Address(es) 230, 234 & 250 NW 24th St., Miami, FL 33127 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): None Steven J. Wernick Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Owner(s) or Attorney Signature The foregoing was acknowledged before me this �� day II IV Vl'n I 20 1.� ,by S��U v4P.,(Y\\ who is a(n) individual/partner/agent/corporation of P\\Le r rnah a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) tak an oat i ( (Stamp) 4;Y7.4c BLISt.AINEY Ir°. SAI? Z •*' MY COMMISSION EE 155210 r = EXPIRES: December 21, 2015 •.�y.:�; '•',� ;;; ��e�c` Bonded Thru Notary Public Underwriters a ure Rev. 07-2013 5 Exhibit A — Legal Description 230 NW 24 Street Folio: 01-3125-034-0450 Legal Description Lot 43, of CORRECTED MAP OF SPAULDING SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at page 161, of the public records of Miami -Dade County, Florida. Land area: 4,875 SF 234 NW 24th Street Folio: 01-3125-034-0440 Legal Description Lot 42, CORRECTED MAP OF SPAULDING SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3 at Page 161 of the Public Records of Dade County, Florida. Land area: 4,875 SF 250 NW 24th Street Folio: 01-3125-034-0420 Legal Description The East 30 feet of Lot 39 and all of Lots 40 and 41, LESS the North 5.0 feet thereof, CORRECTED MAP OF SPAULDING SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, Page 161, of the Public Records of Miami -Dade County, Florida. Land area: 12,025 SF {27763443;1} l R Nut x5LV-'9'". NUM NAIL AWLusc N.W. 28th STREET LOT 9 BLOCK CORNER LOT J wham• 1 GRAPHIC SCALE SP7AuLDIYIL SUBDINSION (PO 3. LOT 9 M rem c 160 LOT 6 LO9 5 LOT NOROITROIII-6 MAY NNE LOT 90 • 'TRACT "'A". . TAMA. '13335.59 TkR.Fi. (PROPOSED) ' • CCIJCREif. • • Aso TRUE COM01lII 1 RECORD & MEASURED 130.d4'�NNITS 0 & NOl ACS59BU:1OSC N9MW'orrE 1 :P NALROG I ON W TOTAL RIGHT-OF-WAY N P4th Sfree M_ psi nwI NnW,f32e— "al (BoSBMMWI� a of w,.e 9nN>�..,1. umrAT( LIT TE: VACANT LOT (NO INPROVFIAENT) 6' iRNb N B0130'00' E,\ 50.00 axaffF 2 ONFARE 6 Will fMlaMcw.Oia it a 5. ErSai MN L. _. t01 03 01 CORRECTED MAP Or 9AULOIN' SUBOIISOION (c3 3, PG 101) e50 VACANT LOT (NO I4PR0VEMNT) LOT N.W. 23rE STREET LOEATION SKETCH: NOT TO SCALE_ LEGAL P«ONPNW: IDe foal 301.1 of 11 39. 9I all ul 1Pls 1O and LI. LESS Me N*P1N N 3. fall thereof, and al of Lot: 12 and 13, COMMIED NAP 6 310111110015 3000ix31112.. a Lae Plot Reim erew. as retarded In Plat Book 3. Paw 161. a the PLO. Rea. m NiNNmI-lore m to SPIEL FM: 230.J µ4M1MIDA 9-290-a-5031N211151Nm M21 w I I.E.'' IF9t11r1: a S9l1111 6 SURVEY of No Odra captioned POP.. was comp191. oci helot INNWarm.er sups.. andlor rfinfatiet, to the l Mold al Lord Sar...a W C.O. 5E-11 Flo. M50642tire Code. P*W 972.027. 0.. Statutes I3301 SM 13Nr AVM SU"E II1 WADL Ur 331M SEP TEL 106-I29-1029 TAX. 150-92-1152 ED µD MAPPER 1MLODU ZONE: X PANEL NO. IMINAD3T& LYRMUN2Y NO. TM. DATE 0f NAP: 9-11-09 21111RE MAY M AO34ON.LL RESMC0OIS 1NA9 ME NOT 16 ON M6 SMVEY HILT MAY 9E COM N ME PUBLIC RECORDSSOf THIS colon 1)ESAYNAIMR' Cr AM0RYCT DE 1111E SILL NAVE TOR MADE 10 oEENMF NLaYROEO IxSNUENF, If ANT. AFFECTING PROPER, 9) MS comm. IS ONLY TON 1R 8AS DESERTED. R 15 NOT A 9ENTEICATM 6 ZON TITLE MO EA4'Y001ENTS. OE niEEDM 6 ENM2MARGES. ABSTRACT N1Y RLRIwP *OGADE N AND LOMIEICARON 6 WILMER, U ANY ARE SNORT IN = Mao MIN RECORDED TUT BNAMMSIN , SLOJCi TO MINIM 6 THE 1)in0E tP SLIME RwwA6Y SURVLY !DIRE HERON CM1PRONED ROOMY WAS S IVfl[D ANO DiVORFD RASED ON ME SAWN LEGAL D6OAPTON: SPEWED BY MART 99WVLY NAP AWN RESORT OR ME COM IRMO ARE NOT VAuO AND MNREMENCE OLY. 'MILERS SMUT AND SCOLD VAIN THE ONWIAL RAISED SEAL 6 A DERMA uCENSED SUREYM AND NMPER 1019115 PUN Or 16001 IIAS BEEN PREPARED MN ME EXCLUSIVE USE VC MRIES WAD WHEAL If CENTOCOR ORS NOT EXRNN RA ANY MIMEO PARTIES II UNDOTORROND NY'0MMAR µINHIY Pam ID MY MOM ONTIER ARE NOT OWE. HEREON, TAC1 MIRE MIR.. M INT PFORRIY WEN OESMMEO. SINYEYM STALL Of IONS SURVEY R a ANY DOES NDr DE¢ . OPTN134930 m FEN6S NEASIMENENIS SLUM IIIEOR DEPICT .PHYSICAL LOCATION 6 HNC 13)0.CCORKY: ME LAPS M USE 6 LAND AS 0.A5SPEO N ME 4I ARM FONR:AL SUMMON (51-I1 FAG). 6'v anwoAM .THE MNWJN RELAPSE 115 23I ACCURACY I'M NI. 111E OF 911 340 Y ARMY IS 1 FOAL N 00 Flil IRE PLGIRACY 21 1401 Pr 4EA9140)62 AND CALCULATION OF A CLOYED GEMEINIC MITRE WAS FWND 0 Man RCS PAYE 4pM SOME NSIANTIS 09APIAC DEPREO NTATIONS PAYE BEEN MORENAI111 To NONE CLEARLY A.LUSIRAIE REU,GNSHIPS 04100 PHYSICAL 441410 EATS AND/OR LOT LINES. IN ALL CA.SE5, OMENOON5 MNM STALL CONTROL SHE LOCADM 6 RE P 15WO AATIELIPT 309 TEEN ARTo LOCATE ANY FONOAITON 6.KA1N IDE SAEALE 6 1VE CRMTM. 19 THE APPROMAII AUINORITY PRIOR TO ANY DOWN PM ON 1NE1MCA SEEMED PARCq FM 511100G AND MING PFMMAMON M)P IS Amman DEP9OMONE0 91M5FT M OE DELETIONS TO SURVEY PCMOOS OR R GE NE SOW PARTY OR PARTIES PARTY IF EIEVAINNS ARE STOVE INEY ARE ago M A 0.DSD LEVEL LOT USING 3MF3 OMER PR6.6WNE AND ARE RDARLE N BF NAIMNN. OEOIEDC VERTICAL 0A11191 61929. ary UNDIES FETING ELEVATOR ELEVATION LOOTS TO ME NATIONAL GEODETIC VERTICAL RADON IF NEAR SEA LER& 61929 ELEVATION: 1.1E962. .ATM nAt� OM AWN% µD INW ION SiRRI nrap SURVEY OAF: I-I3-19 SCALE: F = M' MAIM Br y..1. LRAM DAIS: I-o-le FB: 519061 MAMM. No: T9-W.9 BOUNDARY SURVEY 1-13-2019 SCALE: 20. DRAWN BY: DRAINING N0: -002O Z 9IELT NO I OF I City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Rezoning and Comp. Plan Amendment Application Sub -Type Application Name * 230, 234 & 250 NW 24th St. Application Phone * 305.982.5579 Application Email * steven.wernick@akerman.com Application Address * 230, 234 & 250 NW 24th St. Contact Fields Information Contact Name * Steven J. Wernick Contact Phone * 305.982.5579 Contact Email * steven.wernick@akerman.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email Ci ci4y aci,rpiarpL;igs Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 0131250340450 Additional Folio Number 0131250340450, 0131250340420 Total Acreage * Proposed Land Use/Zoning * General Commercial/T6-8-O Single -Family Detached Units * N/A Single -Family Attached Units (Duplex) * N/A Multi -Family Units * 75 Total # of Units * 75 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * .i erg l s�1 Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Th foregone, was owl Xbefore me the 20 , by who is a(n) individual/partner/agent/corporation of .a/LZ) Owner(s)/Attorneyy///Applicant Signatur okan_AA3Vfl L L-D a(n) individual/partnership/corporation. He/She is personal) known to e or who has produced as identification and who did (did not) take an oath. (Stamp) a BLISLAINEY M. SAINZ w, ro i* MY COMMISSION # EE 155210 EXPIRES: December 21, 2015 %%gf;44,e Bonded Thru Notary Public Undettyrlters nature 111111111111111111111111111111111111111111111 Prepared bv: Jonathan O. ROM Attorney at LaW Retort Parlser PI.0 1691 klichion Auiuv Suite 320 Miami !teach, VI, 33139 10:itiFrs to: Semi O. Les is. Esq. KENNERT VOGEL, N1ANDLER 100 SF Second Street Suitt 2,900 hlhimi. Florida 33131 Otlt: 3r. 1tiratcc \ cIU. Low 1 or him wiling Rsto Warranty Deed 11 ct R 1 4 2 e.k 25373 Fg 39t,I 3521 Or9s., IRECDRDED 1tiV/2012 111:21n0i OtED 00C TA( 41L50.0O SURTAX 3,487 .50 HARVEY RUVII4i (LERF. OF (Wirt ntArtf -DADE COLDIT't FLORItYi This IA'arrnrity 1hvd made this 0"1 chi) of November between WYNNV(}C/1) PLAZA. LLC. it Florida limited liability company, whose post ofliee address is .1141 NE 2" A%erine. Suite 20.1.A, Miami, Florida 33137. Grantor. and NVN'N'11'1301) 250 ',LC, n Florida limited liability company. whose post office address is 10.10 Itiseayne Boulevard. Suite 3202, Miami, Florida 33132 Grantee: (Whcni tr,ed hrtels) thv tcrtm "gizoloir an41 cncludc 411 thc palk...4ih i twin, irpal rrprrsvtitii4c%, 4n41 n.ii,trn, sit Hu/11141144. And (ht., xitt.rceoott ittlii:issign4 01 rorpoialiittls, tfil$13 titd If 13,1tr.+) Witrmsseth, Ihit said grantor, for and in consideration •of the sum of TEN AND NO/100 DOLLARS ($10.0() and other good and v WO* COnsidenitions to said grantor in hand paid by said grantee. the receipt whereof is hereby licknowlcd1, hi granted, bargained. and sold to the said grantee, and grantee's heir. and assigns forever, the folio ine described land, situate, lying rind being in M1143'311,1V:tile County, Florida to -wit: the Fast 30 feta of Lot 39 and n11 or Lots 40 and 41, LESS the North 5.0 feel thereof. COR RECTF.1) MAP OF SPAULDING SUBDIVISION, 44:Cording to the pint thereof as recorded in Plat Rook 3. Page 161, of the Public Records of Miami - I):id' County. Floridn Purtc'I tdcntifkii1on Nurnher; 01-3125-034-0420 Subject to Real Estate laNCS for 2013 and subst—qtrent years; eiwentints. conditions, restrivions, reserVntiOnS find !link/16MS of record, if any, not being reimposed hereby. Together .rith all the tenements, hereditaments and appurtenances thereto belonging or in anywise tnining, and to linitl, thcsante in fee shitplc rorcver. And the grantor hereby envenails with said grantee that the grantor is lawfully sciied id said land in fee simple: that the grantor has good right and lawful authority to sell and conNey said land', that the •grantor herb fully warrants the title to said load uitJ will defend the same against the lawful claims of ail persons whomsoever; and dun said land is free of all encumbrances, except tales cerung subsequent to Derrniber 31, 2012. ACKNOWLEDGEMENT ON FOLLOWING PAGE OR V.V. 28373 PG 3952 i AST PAGE In Witaes% NYheret grim.r has hcrcuno set grantor's hand and seal the day and year first above %Titter). Signed. sealed and delivered in the presence or: Witness: Print Nal lit. Witness: Print Name: TO:IATI f WI 1‘'YN‘11)01) PLAZA, Florida I. ited liability eonwany Y: STATE OF FI.OR DA ) SS: COUNTY OF NIIAMI-1).ADE ) I IlE14E,I1V CERTIFY that on this day, before me. an ollicer duly authoriled in the State aforesaid and in the County aforesaid to take acknowledgments. the foregoing instrument \vas acknowledged before me by SHAWN CIIENITOV, as N(lanager 1VYN‘V001) PLAZA, 1,1,C, a Florida limited liability company, who is vrsonallv known to me or who has nrodoced u valid dri'rs license as idenu !eat ion. 'I ' 114.111(1 •and Cr flitint seal in the County and State last a tOresaid this .2012. My Commission Expires: Mmirm) iame.1**pe Notw-y c t r,_ , fr4 ALvAntz \ Notary Prsolic - Stet or FrorlOa 4fy Comm Exorrot, Mar 3 '2015 Commnbion•Ef 70293 !fo'1Z1,1 Pitourr hs)ii(y 441r of '424f.rtn TIIIS INSTRUMENT PREPARED B Y A ND RETIIHN 1'O1 Senn 1), Levine, Esq. Rennert Vogel Mandier & Rodriguez, I'A 100 SE 2nd Street, Suite 2900 Miami FL 33131 Out File No.: 46811004 Property A ppraisent Parcel Identification (Polio) Number: 01- CFN 201.30136802 BOCK 28497 PAGE 1304 DATE 0'2/20/2013 11 59 26 AN. DEED DOC 2 100 00 HARVEY RUVIN CLERK CV CCURMiA-DA7,E cre .8PACE ABOVE 7111S UNE Kilt RV:CORD MTA WARRANTY DEED TIDS WARRANTY DICED, made the 1 day r February, 2013 by Santiago Villanueva and Ilartela Villanueva, husband anti erifv, whose post office ncldress is 234 NW 241h Street, Miami, FL, 33127, heroin called the Grantors, to NVyttwood 250 14.,,C, a Florida limited liability convony, whore poss ofriee address is 1040 Risenyne Rivd., #3202, Miami, Fl. 33132, hercinaner called the Grautee: OVherever used herein the terns "Grantor" and "Grantee" tnclude ail the parties to an.t instrument and the heir3, Iegol repre.sentativey and assigns of utdivIdna/s, initi the suerem corporations) ors and asyigns W N 1 S S t T 1 Thftl the (iranturs, for and in consideration of the sum of TEN AND 00/100S (510.00) Dollars and miser valuable considerntiorts, receipt whereof i hereby acknowledged, hereby grano4hilrgaiRs, sells, aliens,rns, releases, conveys and confirms unto The G iiIe all that certain land situate in MIAMI-DADE County, State of Florida, Lot 42, of CORRECTED MAP OF SPAULDING SUMHVIS1ON, litTortling to the Pinl thereof, ai recordeti in Nut Book 3, ut Puge 161, or th e Public Records of Dude County, Florida. Subject In euxernentx, ENtrictionx untl reservntioto of record anti tuxes for the year 2013 and thereafter, TMETIIER, with till the tenements, hen:chimeras and appurtenant:ea thereto belonging ur in anywise appertaining, TO HAVE ANI) TO HOLD, the same in fee simple forever, AND, the Ciruntors hereby covenant with said Grantee that she Grantors rue lawflilly seized of said land in fee simple: lint the Grantors have good tight and lawfiti minim it)/ to sell and convey said land, and hereby warrant thy title to said land and will dclend 11)C same against the litwinl claims of all persons whomsoever; and that said and i frcV Cti nfl encumbrances, except taxes accruing SWIM:Cita:111 !u l)enher31 2012. tiro No : 464)k)4)4 Ltt CFN: 20130136802 BOOK 28.197 PAGE 1305. UN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. Signed, :scaled and delivered in the presence or: wimentil Signature VA 6.-A.,..i174)e Witness tf 1 Printed Name w..r.—•(.....--.- .. 1 s #2 Signature Fk, cia__Ds1 Witness it2 tar lilted Nun STATE OF FLORIDA COUNTY OF MIAMI-DADE 'thtbregoing instrument was acknowledged before Villanueva rind Itartota Villanueva, who are Cs,104 c th.L.4 o Wt-iNeee4 "Att rdentification. 0.31) SEAL 011=4 • n LrccoJtly My Commissiot pi tr. Filr ItiN); 46/14004 me this .54," day of February, 2013, by Santiago lwrsonally k.nown In me or have produced Public C11Q.4.41S .01...q0C1 Printed Notary Nurne 411 11111111111111111111111111111111111110111111 TIIJS iNsTRUMINT PKEPARED HY AND RETURN TO. Scott a Levine. Esq. itennert Vogel Mandler & Rorlriguez, PA 1O0SI 2nd Street. Suite 2900 Miami 11.. 33131 Our File No.: 46$$OO Propeny Appraisers Parcel Identification (Folio) Number: 01-3125-113 0450 sti`Atli Anovi 1111S LINI. al.CiartilNci WARRANTY DEED CFH 20 13R0163961 Lk 28511 Pas 2023 - 20261 IOW RECORDED 03/01/2013 11:26171 DEED DOC TAX 21250.00 HARVEY ROVIHr CLER1 OF COURT tii tADE COUNT I • FLORIDA A4 Tffis WARRANTY DEED, made the day of February, 2013 by Alcides Conzatei. Josephine Deanna% Pad Ismael Coatulet, till single persons. whose post office address is 14232 SW ISO Terrace, Nlintni, FL 33177, herein called the Cinintors, In Wynisood 2.50 LUC, a Florida Unshed liability company. whose posi 01 lice address is 1040 Biscayne Blvd., ll3202 Mlnrn., Ft, 33132, hereinafter called the Graittee (Wherever ft 1 ifd heron the terms "Grantor" anti "Grantee" int Indealt the parnet to this instrument and . the heirs, fegal reprc,Nentonves and assign.s 4 imhvidals. and the strere.l.tors and rtsrlgtoal corpora:log v; W1TNESSET 41 lhat the Grantors, lot and in consideration of the Sinn of TIN A ND 00/1 nirS (510,00) 1/ollars and other voluahle considerations. receipt NNherC1)1' k hereby acknowledged. hereby grants, bunpins. wits, aIici.remises, releases, coti‘es and contli ins unto the flounce all that certain land situate itt IAN11.1)A1)1, Colint. Stale of Florida, viz., Lot 43, or CORRECTED NMI' OF SPAULDING SUBDIVISION, according to the Plat thereat aa recorded In Nut Book 3, Ili Page 161. of the Public Records of Dade County, Florida, Subject to easements, restrictions and reset -Nations of record and tales for the titer 2013 and thereat vr. TOGETHER, with rI1 the tenements. hereditaments und appurtenances thereto belonging or in appertaining. TO HAVE ANI) T() 1-101,D, the same in lee simple freer AND., the Grantors hereby emenont with 1.10 Grantee tlnt the (;rontor,nr Liv fully se ivvtl itl kind in ree simple; that the Grans have go‘q1titand lax\ ful outlioCo to sell and :onvey said land, and hereb:t iAarrunt the title to said land mid \+ ill defend the sante agoiasi du: lawful claims (If ullbersons whomsoever', and that said land is fir.-e ol tilencumbrances. except ta‘es accruing subsequent to December 201231, Isage I 4.4 NVITNESS WHEREOF, it said Grantor. have signed and sealed these presents the day and >eat first above Signed. ikd and dclivcnxl in the presenc II 9,NSI Sture Witt) .N Printed Niiie 9 Ile STATE OF FLORIDA COUNTY OF NIIANI I-DADE rhe roreeoing imtrument aeLnowledged 1K1ore me this Gonzales, who is prIu k kno‘vn to me or has produced SEAL Nly Commission I:Expires: affilL.s S a,ar. ANA hACli Nostry PutItc • 5I41e Flotidi Me Cumn1 Wit's Sep 14, 2013, Commilston * CO 925208 04, Contalcsi otar-y I clay PI reIntatry, 2013, hy 1IN Wein i ion 411 i_z1/ _C fl iirinted Notary Name t'age 2 of 4 e.., Signature ' 414 Withe1 Iriui9d Na111 46"41-phitie DearmIL-ras STATE OF FI,OUIDA cour.cry OF NIIAMI-DADE The foregoing itiNtritinent was acknowledged before the this Josephine DinIrmws, who is personally known to me or SEAL. Niy Commission ENpires: 1 ANA HAW Natify public slate ol fiords y Comm fa.p.un Sp 14, 2013 I Commission • DO 9257011 Notary Poll Primed Notary Name ticeri 1:i )1° Fehrtiory. 2011 by Piige 3 tti 4 OR BK 28511 PG 2026 1 AST PAGE Witt1C-S.:, hinniel 1.4 NViti 'NS U2 Pnined NUM(' STATE OF F1.01411M COUNTY OF MAM1-flAfli Thc foregoing insimmeni was ackorm !edged berorc, me this day of Febrary. 2013, hy !wind Gonzalez_ who is personally known to me or has produced ris ident ication, SEAL ?fly Commission Expires: Notary Pul Printed Notary Name AAA \ Nov • St +14' 01 F10021 t. Svt O1) 0 9”708 1'attc4of4 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are riot required to fill out this form. NAME: Steven J. Wernick (Middle) (Last Name) HOME ADDRESS: CITY: Miami (First Name) Akerman LLP (Address Line 1) One SE Third Avenue, 25th Floor (Address Line 2) STATE: Florida ZIP: 33131 HOME PHONE: 305.374.5600 CELL PHONE: 1=Aa: 305.374.5095 EMAIL: steven.wernick@akerman.com BUSSINESS or APPLICANT or ENTITY NAME Wynwood 250, LLC BUSINESS ADDRESS: 1040 Biscayne Blvd, #3202 Miami, FL 33132 (Address Line 1) (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 to T6-8-O and future land use change to General Commercial. 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? OYES •j NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. r / PERSON SUBMITTING DISCLOSURE: "'-.7<gr'CaiS Steven J. Wemick Print Name � day of� YL � 2041-1 . The foregoing Sworn to and subscribed before me this who was acknowledged before me by_..s_���------__........._....._ has produced as identification an&or• is personally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: pig Enclosure(s) IDoc. No.:86543 . \\;\ vZ Tint Name Itst�Pd •,, 17LAIUEYM.$RINZ Paget : . � MY ,oMtiiSS'C +, c, i55<±tv EXPIRES: December 21, 2015 Bonded Thru Notary Public Underwriters PZAB.11 File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-00052zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "D-1" TO "T6-8-O", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 230, 234 AND 250 NORTHWEST 24TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 230, 234 and 250 NW 24th Street [Commissioner Keon Hardemon - District 5] Steven J. Wernick, Esquire, on behalf of Wynwood 250, LLC 1 SE 3rd Avenue, Suite 2500 Miami, FL 33131 (305) 374-5600 This will change the above properties from "D-1" to "T6-8-O". Item includes a covenant. Recommended denial. See supporting documentation. Planning, Zoning and Appeals Board: March 5, 2014 City of Miami Planning and Zoning Department Division of Land Development File ID#:14-00052zc ANALYSIS FOR ZONING CHANGE REQUEST: Pursuant to Article 7, Section 7.1.2.8 (a) (3), to allow a change the zoning designation of the three parcels located on the south side of NW 24 Street to the south and west of NW 2 Avenue from D1 (Work Place - District Zone) to T6-8-O (Urban Core - Transect Zone). PROJECT: Allow a live work mixed -use development in the subject properties LOCATION: 230, 234, 250 NW 24 Street NET DISTRICT: Wynwood 1 Edgewater FOLIO #(s): 01-3125-034-0450, 0420, & 0440 SQUARE FOOTAGE: 21,775 s.f. = .50± acres ZONING DESIGNATION: Current Zoning Designation: D1 (WORK PLACE - DISTRICT ZONE) Proposed Zoning Designation: T6-8-O (Urban Core Transect Zone - Open) LAND USE CLASSIFICATION: Is the proposed zoning designation compatible with the MCNP-FLUM: 0 Yes ® No Current Future Land Use category: Light Industrial Required Future Land Use category: General Commercial URBAN DESIGN FINDINGS AND COMMENTS: 1. The subject rezoning from D1 to T6-8-O is deemed to comply with Article 7, Section 7.1.2.8 (a) (3) of the Miami 21 Code successional Zoning. 2. The three subject parcels for the change of zoning abut T5-O to the east and south and DI to the west, north and south. File ID#:14-00052zc 3. The proposed rezoning as presented would be considered spot zoning in the area. 4. The proposed change in zoning would set a negative precedent by creating a domino effect in regards to future zoning change applications. 5. If approved, the proposed zoning designation will require a Comprehensive Neighborhood Plan (MCNP) FLUM amendment from "Light industry' to "General Commercial. Based on the above findings, the Planning and Zoning Department recommends Denial to the request. D.Cook 2/26/2014 Analysis for ZONING CHANGE File ID: 14-00052zc Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ a ❑ b) The proposed change is in harmony with the established land use pattern. • /1 111 c) The proposed change is related to adjacent and nearby districts. ❑ ® ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. O El ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ❑ a ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. O El ▪ Z ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ❑ h) The proposed change positively influences living conditions in the neighborhood. ❑ // ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ❑ ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. ❑ k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. ❑ /1 ❑ I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. ❑ ® ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ❑ /1 ❑ o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ ® ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. MIAMI21 MAP (EXISTING) w pay L/In I011 NW 27TH ST NW 26TH ST CI w NW 22ND LN NNW 22ND TER 0 150 w c) M SEOPWCommunity. Redevelopment Plan 300 600 Feet T5-L NW 24TH ST 2 NW 23RD ST J 0- ADDRESS: 230, 234 & 250 NW 24 ST MIAMI21 MAP (PROPOSED) w 0 M z NW it In It( NW 27TH ST L NW 26TH ST NW 25TH ST D1 NW 24TH ST IT T5-9 I L NW 23RD ST w z NW 22ND LN IMO NW 22NDTER NW 22ND TER f J W Lilo, a 0 re M W 22ND ST \ \1\\`\\\\\L\� \T4=L\ SEOPW,Community. Redevelopment Plan \ \\\\\\\\\\\ \ \A \\\\\\ ,\ NW 2ND AVE 5 NW 24TH ST 0 NW 23RD ST J a F— ZJW 22ND ST 150 300 600 Feet ADDRESS: 230, 234 & 250 NW 24 ST i 1 I a =sri ©ioitaleIobe4GeoE a I;iubS� Getrnyappi o Aero grid`MII ®)GP swiis •s r®ornm ni 0 150 300 600 Feet ADDRESS: 230, 234 & 250 NW 24 ST Akerman Via Hand Delivery Anel Rodriguez Hearing Boards Section ad Floor 444 S.W. 2nd Avenue Miami, Florida 33130 RECEIVED PLANNING DEPAR°Tt1EN rsteven J. wernick 14 JAN 21 PM 1: 16 4C. Akerman LLP One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5600 Fax: 305.374.5095 January 21, 2014 Dir: 305.982.5579 Dir Fax: 305.349.4803 steven.wernick@akerman.com Re: 230, 234, and 250 NW 24th Street Applications for Comprehensive Plan Amendment and Rezoning Letter of Intent / Supporting Analysis under Article 7.1.2.8.c2(g) of Miami 21 Mr. Rodriguez: Our firm represents Wynwood 250, LLC ("Applicant"), owner of that certain property located at 230 NW 24th Street, 234 NW 24th Street, and 250 NW 24th Street in Miami, Florida (collectively, the "Property"). The Property is collectively approximately 21,775 square feet (.50 acres) of current vacant unimproved land with 230 feet of frontage on the south side of NW 24th Street, in the heart of Wynwood. The Applicant hereby submits applications for (1) a proposed amendment to the future land use map of the City of Miami Comprehensive Neighborhood Plan ("MCNP") from "Medium Density Restricted Commercial" and "Light Industrial" to "General Commercial", and (2) a rezoning from D1 to T6-8-O (the "Applications"). These Applications are submitted as companion items under Chapter 62 of the City of Miami to be noticed to the public and scheduled for public hearing concurrently. The Applicant is interested in developing the Property as a mixed -use phased project to include ground floor retail, with Live -Work and multifamily residential units above the ground floor. The main driver behind this application is to provide for more flexibility to achieve a mixed -use project with residential uses. Under current designations on the City's Future Land Use Map and the current D1 transect zone, the Applicant is limited to "Work -Live" uses at 36 units/acre. The current zoning prohibits Live -work and apartment units, which are important to providing a true residential presence in this growing area of Wynwood. akerman.com 127832722;2} Mr. Anel Rodriguez Page 2 of 6 I. Background Wynwood is undergoing a tremendously exciting transformation from a former textile and warehouse district to a mixed -use district, incorporating the arts, cultural programing, tech start- ups and other unique users, where individuals of all backgrounds and demographics can work, live, and play within its boundaries. While Wynwood has experienced a significant amount of adaptive reuse and renovation of warehouses into food and beverage establishments, galleries and small shops, there has been little new construction and virtually no residential development since the adoption of Miami 21. The Applicant is developing a two-phase project on the Property, on a stretch of NW 24th Street behind Panther Coffee - Wynwood's epicenter for social interactions and pedestrian activity. Phase 1 of the project is already in design and permitting, and would call for a 6-story mid -rise building, including retail on the ground floor, with 5 stories of Live -work or multifamily apartments. Phase 2 of the project would likely consist of an 8 story building with retail on the ground floor and 7 stories of multifamily apartments and supportive parking. The buildings are likely to be built as condominiums with the residential units to be sold to individual owners, while the ground floor retail may be retained by the developer. The Applicant's project is directly across the street from the proposed "Wynwood Central" - a planned mixed use building, with 69 rental work -live units, approximately 40,000 square feet of retail space, 60,000 square feet of commercial office space, and a 420-space parking garage. Between Wynwood Central and the Applicant's project, NW 24th street is poised to become a vibrant truly mixed -use street in Wynwood, where people can work, live, and play. The Applicant is passionate about the future of Wynwood. The Applicant's managing director, David Polinsky, Ph.D., is not only a local developer but also a Board Director and Treasurer of the Wynwood Business Improvement District ("BID") and the BID's Committee Chair for Planning & Transportation. The Applicant has a deep commitment to small-scale infill developments which place a high emphasis on design, arts & architecture. The Applicant went through an extensive vetting process for the design architecture of the project and ultimately selected Laith Sayigh from New York City. Laith Sayigh is an up-and-coming architect who spent the first parts of his career in the offices of Sir Norman Foster of London, Skidmore Owings & Merrill in San Francisco and Diller Scofidio + Renfro of New York, where he worked on the $200 million renovation of Lincoln Plaza in Manhattan. In the area of arts programming, Wynwood 250, LLC has shown a commitment to Wynwood-appropriate arts integration by hiring Wynwood gallerist Anthony Spinello of Spinello Projects to curate the mural arts to be integrated into the Phase 1 structure. Spinello Projects was the only Miami gallery invited to exhibit at the official Art Basel event in 2012 and was invited for a second year in a row in 2013. {27832722;2} 2 Mr. Anel Rodriguez Page 3 of 6 II. Application for Comprehensive Plan Amendment Section 62-8(c) of the City of Miami Code of Ordinances provides that amendments to the future land use map shall be reviewed to ensure that "the land use, densities and intensities proposed are compatible with and further the objectives, policies, land uses, and densities and intensities in the comprehensive plan, provided further that the comprehensive plan shall be construed broadly to accomplish its stated purposes and objectives." This proposed amendment is compatible with the objectives, policies, land uses and densities and intensities in the City's MCNP. The primary goal set forth in the Future Land Use Element, Goal LU-1 is to protect and enhance the quality of life and foster economic development. Specifically, Policy LU-1.1.11 calls for a priority to be placed on urban infill. "[T]he concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures." As the Property sits in the middle of a burgeoning activity center within Wynwood, and is comprised entirely of vacant land, the proposed amendment is consistent with this policy. • Furthermore, the Property is located within the State of Florida's Enterprise Zone (Central) and the Federal Empowerment Zone (Miami -Dade County), both of which identify the Property as being within a distressed area targeted for economic development. This proposed amendment also furthers Goal LU-3, which encourages urban redevelopment in identified Urban Infill Areas, Objective LU-3-1, which calls for the City to promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas to facilitate redevelopment, and Policy LU-3.1.1, which call on the City to continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment. In recognition of the variety of land uses that are currently present and being introduced in the neighborhood and the demand for a pedestrian -friendly mixed -use district that can be a thriving and exciting place to live, eat, shop and work, the Applicant is proposing that the Future Land Use Map under the City's Comprehensive Neighborhood Plan be amended to designate the Property as General Commercial. III. Application for Rezoning The Applicant has spent considerable time and effort analyzing the current regulations under Miami 21, as applicable to the Property. The current zoning, D1, limits residential uses to "Work -Live" and only allows up to 36 units per acre. Based on its location near the social epicenter of Wynwood and the growing demand for diverse housing opportunities in Wynwood, the Applicant believes strongly that the best and highest use for the Property is for Live -Work units with ground floor retail. The Applicant is committed to a 2-phase project that will incorporate different types of residential units. In recognition of the market conditions, the Applicant submits this application to rezone the Property from D1 to T6-8-O, which will allow for greater density and the ability to provide a true mixed -use building with residential uses that maintains consistency with the size and scale of the surrounding neighborhood. The Applicant hereby includes a voluntary {27832722;2} 3 Mr. Anel Rodriguez Page 4 of 6 proffer of a covenant restricting the height of the buildings constructed on the Property to a maximum of eight (8) stories (the "Proffered Covenant"). Analysis under Article 7.1.2. 8. c2(o) of Miami 21 Contained below is a narrative analysis of the justification for the proposed rezoning of the Property to T6-8-0. In support of this application, the Applicant has also included a package labeled "Rezoning and Future Land Use Map Amendment — Graphic Analysis" to demonstrate visually the consistency of these Applications with the current scale and massing of the neighborhood. i. Existing Conditions Included within the Graphic Analysis for your review and consideration are photographs of building elevations of all existing properties within 300 feet of the Property. We have also included an aerial photograph and exhibits showing the future land use designations and transect zone designations for these surrounding properties. The current conditions in the surrounding area show several vacant properties and a number of existing one and two story warehouses and other older commercial and industrial buildings. Some of these buildings have been renovated for adaptive reuse, but many remain in deteriorated condition. Clearly, many of these property owners have been waiting for the right time and market conditions to redevelop their properties. The Graphic Analysis also shows the most recent new construction in the area, including Wynwood Lofts, directly to the south of the Property, which rises to approximately 65 feet in height. To the west of the Property and on all east -west streets between NW 2nd Avenue and NW 5th Avenue, these properties are zoned D1. The properties directly to the east abutting NW 2nd Avenue are zoned T5-0. ii. Comparative Analysis In analyzing the current vs. proposed transect zone regulations, it is evident that the proposed rezoning is both practical and appropriate to the scale of building size and massing currently permitted under the current D1 transect zone throughout the surrounding neighborhood. As demonstrated in the conceptual and volumetric studies, the proposed building envelope under the current zoning and the proposed rezoning does not change. Under D1, the Property can be built to 8 stories (with a bonus of up to 10 stories) with 80% maximum lot coverage and 10 feet front setbacks, 0 feet side and rear setbacks. Under the proposed rezoning to T6-8-0 with the Proffered Covenant, the Properly can be built to the same 8 stories, with 80% maximum lot coverage and 10 feet front setbacks, 0 feet side and rear setbacks. The only significant changes are the permitted uses and the maximum density permitted. Whereas under D1, the Property could be used for various industrial and commercial uses and "Work -Live" units, under T6-8-0, the Property can now be developed to include commercial uses and Live -Work and Multifamily residential uses. Under D1, Miami 21 requires that Work -Live Units 127832722;2} 4 Mr. Anel Rodriguez Page 5 of 6 consist of at least 51 % work space and that occupants of Work -Live units maintain a certificate of use. In discussions with the Planning Department, the Applicant has determined that a rezoning from D1 to T6-8-O is imperative in order to provide for more flexibility in residential uses and to allow for certainty for purchasers of condominium units that they have the legal right to occupy their units for residential purposes. Under D1, the Property could be developed to include a maximum of only 18 dwelling units. From a developer's perspective, the only profitable means to develop under the D1 transect zone would be to construct over -sized, luxury residences with average unit sizes greater than 1,500 square feet. But given the location of this Property, near to NW 2nd Avenue and Panther Coffee, there is a much greater demand for smaller, more affordable market -rate units for young professionals, working artists, and empty nesters who want to live in Wynwood but who may or may not work out of their homes. Allowing a larger number of smaller more affordable units would have a greater and more beneficial economic impact on the development of the neighborhood. Under T6-8-0, in theory the Applicant could develop up to 75 dwelling units. Practically, however, because of the size and location of the Property, parking and loading requirements, ground -floor retail, and the Proffered Covenant limiting the overall height to 8 stories, the Applicant estimates that the total number of units to be included will likely only be between 42 and 51 units. iii. Consistency with the MCNP The proposed rezoning is consistent with the City's MCNP and the intentions of Miami 21. First, this transect zone is consistent with the General Commercial future land use designation, which would provide for a mix of uses, including hotel, residential and retail, and provides underlying densities and intensities that are consistent with the T6-8-O transect zone. Second, the proposed rezoning is consistent with the successional zoning theory of Miami 21. The rezoning of the Property from D1 and T5-0 to T6-8 meets the requirements of Section 7.1.2.8.c, which denote the transect zones which are available as successional zones. Further, the properties to the east of the Property are currently zoned T5-0, and the properties to the north, south, and west are zoned D1, all within one transect zone category of T6-8-0. A rezoning of the Property from D1 to T6-8-0 coupled with the Proffered Covenant ensures the consistency of the scale and massing of future development along NW 24th Street and provides for an even transition from D1 to the west and T5-0 to the east. Lastly, this rezoning furthers the purpose of the Miami 21 code, Section 2.1.1, "to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City and to provide a wholesome, serviceable, and attractive community, including without limitation, ... reduction of sprawl; and improvement of the built environment and human habitat." It is important to note that the intention of the proposed rezoning is not to depart from the industrial chic character of Wynwood. As demonstrated in the Rezoning and Future Land Use Map Amendment — Graphic Analysis, the intention is to develop a project that (a) provides for real opportunities for residential uses to be incorporated into the future development of the Property, and (b) reflects the "working" character of the neighborhood. {27832722;2} 5 Mr. Anel Rodriguez Page 6 of 6 IV. Conclusion In an effort to provide for effective development of the Property and to continue forward with the growth and revitalization of Wynwood, the Applicant respectfully requests the consideration of this amendment to the future land use map of the City's MCNP to "General Commercial" and a rezoning to "T6-8-O". Enclosed herein are complete Applications, along with all required forms, materials and applications fees. Please contact my office with any questions, requests for additional information, and for notification of scheduling of hearings in connection with the Applications. You can reach me via telephone at 305-982-5579 and email at steven.wernick@akerman.com. Thank you for your attention to this matter. Steven J. Wernick Enclosures cc: Francisco Garcia, Planning Director Cesar Garcia -Pons, Deputy Planning Director Irene Hegedus, Zoning Administrator David Polinsky, Ph.D, Wynwood 250, LLC {27832722;2} 6 This instrument prepared by and when recorded returned to: Steven J. Wernick, Esq. Akerman LLP One SE Third Avenue, 25th Floor Miami, FL 33131 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIONS (this "Declaration") is made this day of , 2014, by Wynwood 250, LLC, a Florida limited liability company (hereinafter, the "Owner"), in favor of the City of Miami, Florida, a municipality located within the State of Florida (the "City") (collectively, the "Parties"). WITNESSETH: WHEREAS, the Owner holds fee simple title to that certain property located at 230 NW 24 Street, Miami, Florida ("Parcel 1"), 234 NW 24 Street, Miami, Florida ("Parcel 2"), and 250 NW 24th Street, Miami, Florida ("Parcel 3") (collectively the "Property"), and more specifically described in Exhibit "A"; and WHEREAS, the Owner has filed an application to amend the Atlas of the City of Miami Zoning Code ("Miami 21 Code") to change the zoning classification of the Property from D 1 to T6-8-O; and WHEREAS, the Miami 21 Code permits within the T6-8-O transect zone structures no greater than eight (8) Stories in Height, except through the use of bonuses available upon satisfaction of criteria set for the in the Public Benefits Program contained in Section 3.14 of the Miami 21 Code; and WHEREAS, the City of Miami City Commission has reviewed the application for amendment to in Article 7.1.2.8; and WHEREAS, the City Commission of the City of Miami, approved the zoning amendment pursuant to Ordinance No. , adopted on , , 2013 and attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, the Owner desires to ensure that the future development of the Property is consistent with both the current and future conditions of the surrounding neighborhood. NOW THEREFORE, the Owner, in order to assure the City that the representations made to them will be abided by the Owner, their successors or assigns, freely, voluntarily and without duress makes the following covenants covering and running with the Property: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. (27782186;1 } 2. Covenant Against the Property. The Owner hereby declares that any future building constructed on the Property shall be no greater than eight (8) Stories in Height, as defined in the Miami 21 Code. In the event the Miami 21 Code is amended to permit one (1) or more properties adjacent to the Property to exceed eight (8) stories in height by Right or through the use of the public benefits program or other provision of the Miami 21 Code, the purpose of this Declaration shall no longer exist and the City shall, at Owner's request, agree to a release of this Declaration, consistent with the procedures set forth in Section 6 herein. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This Declaration on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the owner(s) of the fee -simple title to the Property to be effected by such amendment, modification or release and the City with the approval by the City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this Declaration will be subject to the approval as to legal form by the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the Zoning Administrator at 444 SW 211d Avenue, 4th Floor, Miami, FI., 33130-1910 within thirty (30) days of recordation. [ Signature Page Follows ] {27782186;1} IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first above written. WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE WYNWOOD 250, LLC, a Florida limited liability company By: Name: Title: The foregoing instrument was executed, acknowledged and delivered before me this day of , 2014, by , as of Wynwood 250, LLC. a Florida limited liability company, on behalf of the company. He/She is personally known to me or has produced as identification. Name: Notary Public, State of Florida My Commission Number: (Official Seal) My Commission Expires: {27782186;1 } Exhibit "A" Legal Description Parcel 1 Lot 43 of CORRECTED MAP OF SPAULDING SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 161, of the Public Records of Miami -Dade County, Florida. Address: 230 NW 24 Street; Folio No. 01-3125-034-0450 Parcel 2 Lot 42 of CORRECTED MAP OF SPAULDING SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 161, of the Public Records of Miami -Dade County, Florida. Address: 234 NW 24 Street; Folio No. 01-3125-034-0440 Parcel 3 The East 30 feet of Lot 39 and all of Lots 40 and 41, Less the North 5.0 feet thereof, of CORRECTED MAP OF SPAULDING SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 161, of the Public Records of Miami -Dade County, Florida. Address: 250 NW 24 Street; Folio No. 01-3125-034-0420 {27782186;1} Exhibit "B" Ordinance No. [See Attached] {27782186;1} REZONING APPLICATION RECEIVED PLANNING DEPARTMEN r 14JAN2I PM 1:16f1 PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION Re Ih 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 tufrvooS27.:c. www.miamigov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8'/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 H ub", or for certified copies, contact the City Clerk's Office at 305-250-5 360. Rcv.07-2013 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Wynwood 250, LLC 2. Subject property address(es) and folio number(s): 3. Present zoning designation(s): D 1 230, 234 & 250 NW 24th Street; Multiple folios -see Exhibit A 4. Proposed zoning designation(s): T6-$-0 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 81/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhi bit 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? 21,775 SF (.50 acres) Rev. 07-2013 3 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? Live -Work - See Letter of Intent 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 21. What would be the anticipated duratio n of the presentation in front of the: Planning, Zoning and Appeals Board 20 minutes and/or 0 City Commission 20 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, shall be paid i lUe form of a certified check, cashier's check, or money order. ! Signature Name Steven J. Wernick Telephone 305.374.5600 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowled ed before me this 20 I , by stev v.1QVY� who is an) individual/partner/agent/corporation of -E' X,(Y)31,Yl LLP a(n) individual/partnership/corporation. He/She is personally known to me orho has produced as identification and who did (did not) tke an oath. Address E-mail Akerman LLP - One SE Third Avenue, 25th Floor Miami, FL 33131 steven.wernick@akerman.com (Stamp) Rev. 07-2013 E3I.ISLAINEY M. SAINZ MY COMMISSION # EE 155210 W= ,o EXPIRES: December 21, 2015 sr,t d ' Bonded Thru Notary Public Underwriters day of \)crnuari nature 4 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 8 including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. �� Ss�i.Gr�a -of sLL� � i c4 Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me his f ay of daiN`.,�Oirq 20 � " 1 , by Ste)\l,er\ V�1 Y\ \ CJ � ,�I LP who is a(n) individual/partner/agent/corporation of ��(—q!r11 Vth1 L�a(n) individual/partnership/corporation. He/She is personal y known to me or who has produced as identification and who did (did not) -ke an o. h. - (Stamp) BLISLAINEY M. SAINZ *- MY COMMISSION 1k EE 155210 EXPIRES: December 21, 2015 F o:', Bonded Thai Notary Public Underwriters ignatu Rcv. 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) Wynwood 250, LLC - David I. Polinsky; Bradley R. Carlson Percentage of Ownership David I. Polinsky: 50%; Bradley R. Carlson: 50% Subject Property Address(es) 230, 234 & 250 NW 24th St. 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): None Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Owner(s) or Attorney Signature The,foregoing wasna'cnowledged before me trhi 1'lh day of \\ vl fl uc4� 20 i tvl , by v�'�J�l QY\ VPYV (/r ,,,,,t who is a(n) individual/partner/agent/corporation of � ��(1 r t✓1n�- a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) to e an oath. (Stamp) 'eq r'nt' '= MY COMMISSION EE 155210 .,� .a€ EXPIRES: December 21, 2015 d,, of ,,, Bonded Thru Notary Pubic Underwriters ur.Q Rcv. 07-2013 6 Exhibit A — Legal Description 230 NW 24 Street Folio: 01-3125-034-0450 Legal Description Lot 43, of CORRECTED MAP OF SPAULDING SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at page 161, of the public records of Miami -Dade County, Florida. Land area: 4,875 SF 234 NW 24th Street Folio: 01-3125-034-0440 Legal Description Lot 42, CORRECTED MAP OF SPAULDING SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3 at Page 161 of the Public Records of Dade County, Florida. Land area: 4,875 SF 250 NW 24th Street Folio: 01-3125-034-0420 Legal Description The East 30 feet of Lot 39 and all of Lots 40 and 41, LESS the North 5.0 feet thereof, CORRECTED MAP OF SPAULDING SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, Page 161, of the Public Records of Miami -Dade County, Florida. Land area: 12,025 SF {27763443;1) SCANNER. 5Y41S"" N XO NM AM 20 _ N.W. 28th STREET LOT 9 CORRECTED MAP OF LOT B �velonoaAe M a ls� COR13=870' MEASURE0=869.60' _ — - SET NAIL AN., MSC /3154 8 BLOM CORNER MY FOUND NM AND P129 GRAPHIC SCALE SPAULDING SUBDIVISION (PB 3. LOT 1,9 3at00'--+• ( In FUT) PG 161) LOT 6 (MTN RENT-a-,3AY 1Ng Lam Me OMITS 60 PLAT M6Y . WIa6Taa>. LOT 40 LOTOaWN TRACT ";A" 'AREA= (3335.54 $q.Ft. • : a (PROPOSED)1 ' IATRqUEA �' a I RECORD O; Mt4l 0'Em 130..0'ZLIMI15 OF PUT YT 6' SE M FACE M RODE 05,1 N CNOEiE .01a ACED WALL 15 OE£T NORM I LOT:. I CORRECTED MAP OF SPAULOINI SUBDIVI , (PSI 3PG 161) LOT 5 90.00'00' ITN+1� LOT a 1,150 N.W. 24th S LOCATION KETCH: NOT TO SCALE LEGAL DES(RPTNM: Me East 30 feel of at 39 of oR A Lois 40 mpl 41, LESS Ie N0U 5.0 feel thereof, and al of Loll 41 mM 43, CORRECTED MAP Of SPAUIDM0 SUBDIVISION, accord, to Me Plot thereof, m ream. M Plot Book 1. Pooe MI, of Um Public Records of MuralDa. Cant, Ra16a SURVEY FOR: 130-234-240-250 NW 241 s1R2T MIAMI, FLORIDA 3312T LXERY CROFT: 9MYLT of 90 Wow Aimed pant' senpkl0 a my dsMnv. m=/a direst:., to Me beet A my XnaNeEge antl bell. ofms e s the MWMnm tes00NW Roam., eel Mtlt.b/rjy} o Dowd LLon Surveys, M CTmler S-IT Rake nmjY'• Me Cole. Per, 472027, Oen Statute: Matz 13501 SW 132FW AYE. 51111E 112 PROE23504A. MIAMI, ROMDA 33158 ND STATE OF RO EEL 756-419-1024 FAX 786-5921152 HEM /'""" I)FEOOD TONE PANEL N0. I2l1d No.1200w N6N 1)1HERE MAY BE ADOINA REMMERS THAT APE NOT $HOON MIS SUR.' MAT MAY' BE FOUND M W RE FIBUO ROWS OF MIS COUNTY ROAM/LION OF ABSTRACT O TILE MIL HAVE TO BE MADE TO DCEWME RECORDED INSTRMNTS, F ANY, ALSECTNC 043. IT 4) HMS IO,06LETEIWCATON IS ONLY FOR WE LANDS AS MO SEE. O IS NOT A rc1RMTN OF 111E, MIND, EASEMENTS, OR FREEEDOI OF 101001BRANE, ABSTRACT NOT RENETED IN *MAMALMNA. MM RECORDED PLATTUCS, F ANY PlE SHOO 6)01W ERSNP IS SUBJECT TO OPINION OF MLE ROPE OF SOME, BOUNDARY SURVEY EY B ME HEREIN CAe1NM FRCP0tt 92 WAS SUtVE145 ABU NO) BA. ON ME SWOOLE0GAL OESCRIPOWL PROVIDED BY I&1R 9)SURVEY MAP AND REPORT OR ME COPla THEREIT ARE NOT VALID 0.ro FOR REFERENCE ONLY, INIES9 9OIE0 AND SEATED MIN 1E ORIGINAL RAISED SEAL O A FLORIDA LICENSED SORRY. AND MAP. SEEN PREPA H LW OF SWIVEL AS ID FOR ENE EXOU*VE TOF AT ID' ME LM11E5 NAMED NIXON. ME CEROWCATE DOES NOT EXTEND 10 ANY UNNAMED PARTIES 11j�NDERNNNO WYROPRIAR RITES PRIOR TOOMIY DESNN .4 OR EPICTED HER., ACT WE STNCTON ON TT PFCPERW 0ESCRI9. SIRVEYCR SHALL OF ORFRD AS TO ANY 0ENATIO! ERN UTUREI SHOW HEREON. 1201E SURVEYOR O RECORD DOES NOT OMSK ONFEOIP O FIHCES MEASUREMENTS 910NN HEREON DEPICT PHYSICAL LOGIN OF FENCE IWACCNACTHE STEM. USE O). 6 . C.SRE0 IN ME MINIMUM OM IEICA1 STANDARDS (61-P FAO,, B '9MBOWAN . ME MMNUM RELATIVE DISTANCE ACOURACY FN THE TYPE O BOUNDARY SURVEY IS I FOOT N 7500 WEFT. THE AELMACY OB TNFEO SY MEASUREMENT MN CACIATN Y. OF A CLO DONDE s FOUND 1O EXCEED MIS NEOUMFNFNT 14EXA�A11NE0E T10 001E 0,000LC REPRESENTATIONS SETA61 NYSGL IMPROVEMENTS AND/OR LOT Id3ES. IN ALL CASES, MENSNS SIM NAIL OMIROL ME LOCATOR N ME WPR0If4ENS OVER SCALED POSTN, 15)010 ATTEMPT HAS BEEN MADE TO LOCATE ANY FNNDATN .E4111 THE SURFACE O ME GROUND. 16)OUNIACT ME APPRNRAE AMMO, PRIOR TO ANY .N MORE ON TIE IWX VDESCRIBED PARDa FOR MIMIC AND W61ING MFORMATN OR PARTIES LS NS OR PROHIBITED OUTDOETIONS TO RVEY MAPS OR REPORTS SY MM1121 N3M OF E SWIM PMFY OTHAN R PART. WRIT F ELEVAL°. ARE SHOWN, MET ARE BASED N A 0.0Y. .EL LOOP USING MIRO HOER PROCEDURE AND ARE RELATIVE TO ME NAPNP1(£00E3C WRTGL OATH O 1929. 0.0 CP., EXISTING PEVA. ELEVATION REEFS TO TTE NAP VIAL CE.PC .11CA DATUM O- MEANSEA LEMLOF1929 DEVATN: 416.962. LOCATOR IND. NW END AVENUE AND NW /2 D 552FT1 FIELD SURVEY 0A10 1-13-14 = 20' (MAWR 04E0 I-13-14 F8. NE. NAIAHGO 0.: yl.14-W-9 J BOUNDARY SURVEY 0 DATE 13-2014 SCALE: DRAWN BY: DRAWING N. 4-0029 SHEET N0. I OF I 111111111111111111111111111111111111111111111 Preparedb Jonathan 0. ROW Atiornry ni Law iteloff Parker PLC 1691 Michigan moose Suite 320 Miami Mach, V1.33139 141 tun\ to: SC4111 11. Levine, Eq. 14FNNERT 'VOGEL MANIKER t OttIGUE' 100 SE SCCIMI1 Street Su( e 2900 Miami, Florkla 33131 ISpao: Abovic I Im I.tra, I or Nut orklai$ Warranty Deed Cr N 210 i21:4 0 85 111 J. 4 2 uk ek 21373 P'S - 39521 Om, RECORDED 11127/7012 110210'. DEED DOC TAY 4r00.00 SURTO( 3,487,5o HARVEY 1UV1Ni CLER 01 otarr MIMI-DADE COUNTY FL01fl1M This Wart -only Deed made this 9111 cloy of November between WN'NWOOD PLAZA, LI.C. a Florida limiigd Iiah,liweianigmy, 11' !ince pi /Si Orliee ntidresq IN 4141 NE 2N" A‘entie. SUlle 204.A. Miami, l'Iotida 33137, (irantor. and WYNNVM )11 254) i.I.C, Florida limited liability compan), whose post office address is 1040 1(i.seti ne Boulevard, Suite 3202, Miami, Florida 331.32 , Grantee: (16V tiCrKt VIu..J httrin IOW IC11(110 "glamor" and `giaritte• 111(114C All lac pair It* flak, laMtualorti 4;141 iftt kxiJ tp 111111VC%, anal or.44va, <iI $ts%fraJksall,, and tl alat .3s4ian,, nl zariNvtatioa+, [rusts ;tad tra,iL-1-.) Nnesseth, Mat said grantor, for and in consideration of the stun of 'FEN .1ND NO/100 1)OL1 ARS (S10.00) allti uilierSOoti Mid s Zilunble considerations to said grantor in hand paid hy .id grantee the reeerpt whereofi hereby acknowledged, has granted, bargnined. and sold to the said grantee, and grantee's hens and ssin.forever. the following described land, situate, lying and being in Ntiurni-lbide County, Florida to.w Hie East 30 Ieut of Lot 39 and all of Lots 40 and 41, 1.1:SS the North 50 feet thereof. CORRECTEI) MAIOF SPA ULDINCI SUBDIVISION, according to the plat thereol as recorded in Plat Book 3. Page 161. of the Public Records of Istiami Dade County. Florida Pored Identification N her: 01.3125-0344)420 Subject to Real Estate taxes. !Or 2013 and subsequent years: coke:mints. conditions. restrictions, ert.ements. reservations rind limitations of record, if arty, nett being reimposed hereby. Together wilh all the tenements, hereditamcnts and apputienttnees thereto hi:longing ur in any‘vise appertaining, To Hove and to Hold. the CallIC in lee simple fin .er And the grantor hereby vovenants with said grnrilec thai ilur grantor is lawfully seized of s:ticl land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor herch fully warrants the title to said land and will defend the ....tune against the lawful claims of all persons whomsoescr; and thin said land is free atilt eneumbtances, cxeept 111.V.”. accruing submNuent to December 31, 2012. ACKNOWLEDGEMENT ON FOLLOWINC PACE OR BK 2e373 PG 3952 VAST PAGE In Witness Vhcrrr gr1nior hns heretirnoS4.1 grantor's hand rind seal the day and yea lint above written. Signed. sealed and delivered ill the presence of: Witness: Print Nwii Witnem: Print Name: IOAT4I STATE OF Fl ,ORIDA ) SS: COUNTY OF MIAMI-DADE ) N1'N'INW )01) PLAZA, 1.1..C, 17Ioritla r iied liability eompan) W, ?vitt:lager 1 IIEREIJV CERTIF1' that kul this day, before me. an officer duly authori?ed in the Stale aforesaid and in the County aforcNtid to take acknowledgments,. the foregoing instrument was acknowledged before inc hy SHAWN CIIEMTOV, as Manager of WN'NWOOD PLAZA, LLC. u Florida limited liability company. who is persnaIly known to me or who has produced as valid driver's license as identification. .. my hand and official seal in die County and State last tifOresaid On, day Ht. . 2012. My Commission Expires: WaY1,100.4,y OM/ NuttI t) y Putt • Starr ol Flottia My Comm Enact Mar 3 ZOI5 Commitlian 0 CU 70293 "4.144,`•••'' 1-111.101Pitcuri kixorts 'ota<y CFN 20130136802 BOCK 28497 PAGE 130,4 DATE 02/20/2013 11 59 28 Am DEED DOC 2 100 00 ktARVEY Ruvaq CLERK OF CCUR MLA-DA1)E CTY THIS INV ROMENT PREPARE.D BY AND RETURN TO, Senn I), Levine, Rennert Vogel Mnndicr & Rodriglicz, PA 100 Sr 2nd Street. Suite 2900 Miami FL 3313 Our File No,: 46811004 Property Appraisers Parcel Identification (Velar) NUIT1hcf: 01-312S-0344440 sPACII WA/Eno I. NE FOR afiCORDI. DATA WARRANTY DEED THIS WARRAIM DKED, made the 1 day February, 2013 by Santiago Villanueva and Bartela Villanueva, bullhorn! and %rife, whose poi office ruicheior is 234 NW 241h Street, Miami, FL 33127, herein willed the Grantors, to Wynsvood 2S0 lir, a Florida !intimj liability company, whose poii orrice IttlareSti is 1040 Biscayne Blvd., 113202, Miami, Fl. 33132, Iteruinallta called the Grantee: (Wherever used herein the terms- "Grantor" und "Grantee" oh lode all the i11rtie.1 to the instrument and the heir, legal repre.ventativet and a30,4n.y tadivtduals, and the 3itcresarws and asvigns corporationVf W 1 T FSSFT 11: That the (imams, for and in 1:011SICICTAtiOil Of the stun of TEN AND 00/100S (S10.00) Dollars and other valuable considerations, recrila whereof Ls hereby acknowledged, hereby granta, bargains, .ells, aliens, remises, releasea, conveys anti confirms unto the Grantee rII tJmt certain land situate in M1AM WADE County, State of Florida, viz.: Lot 42, of CORKF.C.TED MAP OF SPAULDIN(; SUBDIVISION, according to the Plat thereof, al recorded in Plat Book 3, at Page 161, of the Public Records 4) r [)ole County, Florida. Subject to easernent%, restriction.% and reservations of record and taxes for the year 2013 and thereafter. TOGETHIKR, with all the tenements, hereditaments anti appurienancea thereto belonging or in anywise appertaining, TO VI.: AND TO IIOLD, the an in fee simple forever, AND, the Ottittlors licroby COVe1171111 with said Grantee that the (Illation; art lawfully seized of said hind IJI fee simple; that the Grantors havu good iglu and lawfirl authority to sell and vonvey 31ild ItInd, ;Ind hereby warrant the title to said land and will defead the same against the lawful claims of nII pefSUIN whomsocvar, and that said land is free of all uneumbi tutees, except taxes int.:ruing subsequent to Deeenther 31, 2012. Fibs No :44alloo4 CFN: 20130136802 BOOK 28497 PAGE 130! IN WITNESS WHEREOF, Ihv said Grantors have signed mid sealed these presents the day and year first above written, Signed, icalvd and delivered in the presence ot VVitness Zeg-/ Jc, V4 &- Witness ill hinted Name STATE OF FLOIUDA COUNTY OF NIIANI1-1)ADE Thu foregoing insimment was acknowledged before me ibis day of February, 2013, by Santiago Villanueva riml liartola Villanueva, who are personally known to mu or have produced C taia c VhArCIP'S Prn rdcnti SEAL p ft." tx CcP411 eagtCX1 Printed Nutnry Name My Commission Expires: File r.o. 4454400,1 L11 111111111111111111111111111113111111111 TIES INSTRUMENT PREPARED HY AND RETURN TO: Scott D. Levine, Esq. Relined Vogel Mnndkr & Rodriguez. 1'A 100 SI: 2nd Street. Suite 2,4)O Miami 11. 33131 Our File 4688005 Propert,s Appraisers Parcel Ideal ilicaliun (Folio) Number: 0 I-3125-03441450 'WAIT r I JJS LINI; I >/i 141,C4 //II MCC; IV\ I A WARRANTY DEED CFN 2013R0163961 Or tic 28511 Pis 2023 - 20261 Riassl RECORDED 03/01/2013 1112021 DEED DOC TAX 2,250.00 HARVEY RUVINt CLtRJ OF COURI n 4 DAD( COUNTY, FLORIDA 'FillS WARRANTY DEED, made the Al day of February, 2013 by Alcides tontalti, Josephine Marano and Ismael COOLUIVAto all single persons. whose post address is 14232 SW IRO Terrace, Miami, FL 33177, herein called the (irarnors. in Wynwood 2,50 LIX, a Florida lindictl liability company. w hose post office address is 1040 Biscayne Blvd., #3202, Miami, FL 33132, hereinafter called ilwGlower: (Wherever used herein the terms "Cirmitar" and "Grantee- itichole all the 'ratites to this htstrunient um! the heirs, legal reproetotumes Ind assigns hithvidtrav, illtil the Nticre.s.surs tnul tosvIgnstil Corporolionv WITNESSET Thal the Gr:mints, tier and in consideration or ih ntn or TEN AND GO/100'S ($(001) Dollars and other valuable considerations reeipt N‘hcreor is hereby acknowledg4.11. hereby grants, bargains, wits, aliens, reolisk7s, releas. con\ vidconlitras unto the Grantee all that certain land situate in NilAMI-DADE Count. State or norithi, Lot 43, of CORRECTED NIAP OF SPAULDING SUBDIVISION, according to the Plat thereof, al; recorded in Plat Book 3, at Page 161. of the Public Record"; of Dade County. Florida, Subject to casements, restrictions and men affirms of record and tine‘ fur thr year 2013 and thereafter. T(XGETHER, with all the tenements. hereditamenis and J,ptIretliIe iti heloaging or appertaining, To HAVE ANI) TO HOLD, the ..sainc in fee simple Foro cr. AND, the Crantors hereby emenant with said Grantee that the Lirantors are lawfully se ited tdsaid land in fee simple: that the Grantors have gond right and lawful authority to sell and convey said land, and liereb, warrant the title to said land and will defend the same against the lawful claims of tall persons m.homsoevcr, and that said land is bee of all encumbrances, except taxes accruing slibsequeui December 3 I, 20 I 2. Page 1 of 4 in anywise IN WITNESS WHEREOF, the said Grantors have signed and sealed thew presents the day and ear first above written, Signed. sealed and dcUered in the prveitxOr. Wit US$#t Signaiu Witt Alcides Gunn' ea: ito es. I Name STATE OF FLORIDA COUNTY OF MIAMI-DADE rh foregoing instniment was acknowledged hetole me this day of 1:chrurn, 2013, hy Alcides G41'1114417, who is personal!) known to me oil h.produced identiticat tt, SEAL My Comm is,Wwls. 'otary I 411 Printed Notary Name ..1114 -A• it. 44111 ASA fOACII Nuaiiy Puttlx -5j. til FlOild r My Comfit Wilts St p 14, 2013 Commtilluit * DO 925101 * -or ',NV mar- 411P. Nor- •••• IP: "op, Page 2 of 4 r it eft., 11 ttlre Witness 2 l'tinted Nnitte STATE OF FLORIDA COUNTY OF MIAMI-DADE 'IN: foregoing instrument vk as acknowledged twfore mu this 01H day a Fetinthr), 2013. by Josephine Deiirmus, Nvhob perNonally known to me (II hts prot e 11.1. identiticat ion SEAL Notary 1)ti orir I f .41 r Now Nita,) mime 'om issit}t1 Expires: 4 4 MA 41AC1F Aroteey Public - Siait aPhorole ; My Comm .puii Sep 14, 2013 Commession #OD 92}70A Page 3 of 4 OR BK 28511 PG 2026 1 AST PAGE Witness Si %fin . 111 Prin Si ruiturr ss - Pinned Name sTATF: OF FLORIDA COUNTY MIAM1-DADE Thc foregoing it19111,111,011 W11i nekOMN icNed betiire d. Guntsdet. who k pcisonally known to inc or hus produced SEAL Ny COITUllission Expirev Non Fehrunr. 2013, 11) s itanon, daeL.,4.142.u.r Prinicd Notur) Name Otik NACti 4civ Fq1• Stilt 01 Fi01104 • '0..1 SC9 14 :013 C;•,inotion tgri Page 4 of 4 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to till out this form. NAME: Steven J. Wernick (First Name) (Middle) (Last Name) Akerman LLP HOME ADDRESS: CITY: Miami (Address Line 1) One SE Third Avenue, 25th Floor HOME PHONE: 305.374.5600 (Address Line 2) STATE: CELL PHONE: EMAIL: steven.wernlCk@akerman.com Florida ZIP: 33131 FAX: 305.374.5095 BUSSINESS or APPLICANT or ENTITY NAME? Wynwood 250, LLC BUSINESS ADDRESS: 1040 Biscayne Blvd, #3202 Miami, FL 33132 (Address Line 1) (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 to T6-8-O and future land use change to General Commercial. 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 0 NO If your answer to Question 2 is No, do not answer questions & &3, 4 and read and execute the Acknowledgement. 5 proceed to read and execute the nledgment. If your answer to Question 2 is Yes, please answer question Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this Form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE 1 hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a per►oa of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: gn Steven J. Wernick Print Name fTr day o � Y1L.lL'tY` 204 The foregoing ,Sworn to and subscribed before me this .! \Ne� ��� mho has produced as identification and/or ispersonally known 10 me and who d instrument was acknowledged before me by P— 1 id. who take an oath. STATE OE FLORIDA CITY OF MIA1v11 MY COMMISSION EXPIRES: PI,c _. 1� Enclosure(s) Doc. No.:86543 \S irt I n2 Name =4 Y.k BL(IAINEY M. SRINZ EXPIRES: December 21, 2015 o Bonded Thru Notary Public Underwriters Page 2 PZAB.12 File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-000551u Quasi -Judicial AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3750, 3734 & 3736 BIRD ROAD, 3031 SOUTHWEST 37TH COURT, AND 3090 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 3750, 3734 & 3736 Bird Road, 3031 SW 37th Court and 3090 SW 37th Avenue [Commissioner Marc David Sarnoff - District 2] Ines Marrero-Priegues, Esquire, Authorized Legal Representative, on behalf of TREO Douglas Station, LLC, a Florida Limited Liability Company 701 Brickell Avenue, Suite 3000 Miami, FL 33131 (305) 374-8500 This will change the above properties from "Light Industrial" to "Restricted Commercial". Recommended approval. See supporting documentation. March 5, 2014 ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 3734, 3736, 3750 Bird Road, 3031 SW 37th Court, 3090 SW 37th Avenue File ID 14-00055Iu REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of certain properties from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Restricted Commercial". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." The primary intent of the "Light Industrial" land use classification is to allow mixed use development within this land use classification, and further, to facilitate the ability of developing a mixed occupancy within a unit in which more than one type of use is provided under Live/Work or Work/Live zoning districts of the City's land development regulations. Areas designated as "Light Industrial" allow all activities included in the "Restricted Commercial" and "General Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to general commercial areas. These commercial activities (beyond those permitted in the "Restricted Commercial" and "General Commercial" designations) include retailing of second hand items, new and used vehicle sales, parking lots and garages, wholesaling, warehousing, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. This category also allows commercial marinas and living quarters on vessels for transients. This land use category shall not permit storing, packaging, handling, processing or distribution of explosive, flammable or otherwise hazardous materials; scrap yards; and health clinics. The hazard level of an activity shall be one of the determining factors as to whether that activity shall be permissible within a Light Industrial district; the detailed provisions of the applicable land development regulations shall prohibit high-level hazard activities within live/work developments. Areas designated as "Light Industrial" allow residential uses to a maximum density of 36 dwelling units per acre, and the nonresidential portions of developments within areas designated as "Light Industrial" allow a maximum floor lot ratio (FLR) of 10.0 times the net lot area of the subject property Affordable housing developments that are certified by the City as having a complete application for development as of the effective date of the proposed Land Development Regulations shall be permitted with densities up to 150 dwelling units per acre but must obtain all building permits by December 17, 2012, at which time any rights herein to building permits shall expire. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. The "Restricted Commercial" future land use category allows residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allows a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Nonresidential floor area is the floor area that supports nonresidential uses within the inside perimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corridors, porches, balconies and roof areas. DISCUSSION The subject area consists of five parcels comprising approximately 1.12 acres. These parcels are located on the west and south sides of the block that is bounded by Bird Road/SW 40th Street to the north, SW 37th Avenue to the east, Peacock Avenue to the south, and SW 37th Court to the west. The site and the surrounding areas to the north, east, and southeast are designated "Light Industrial"; properties to the west and south are designated "Restricted Commercial"; properties to the northwest are designated "General Commercial". The subject site is in the COCONUT GROVE NET Service Center Area. ANALYSIS The Planning Department is recommending APPROVAL of the amendment as presented based on the following findings: • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Major Institutional, Public Facilities, Transportation and Utilities" land use category allows residential structures up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. This site is not abutting or adjacent to any residential zoning districts, so the density is pursuant to the "High Density Multifamily Residential" category. This site is located within the "River Quadrant Residential Density Increase Area", therefore the maximum permitted density on the site is 500 units per acre. The requested "Restricted Commercial" designation also allows a density equivalent to "High Density Multifamily Residential". Therefore the maximum residential density does not change as a result of this request. • MCNP Goal LU-1 states that the City will maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. The proposed change will allow for greater development potential within the downtown area encourage downtown's growth as a regional center of domestic and international commerce, culture and entertainment. The area is well buffered from other neighborhoods by major roadways, so land use conflicts will be minimal. The land is well served by infrastructure and is suitable for the uses permitted within the "Restricted Commercial" category under a residential density increase area. • MCNP Land Use Policy LU-1.1.7 states that land development regulations and policies will allow for the development and redevelopment of well -designed mixed - use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. The proposed "Restricted Commercial" designation permits a full range of the above -mentioned uses. The site area is located in close proximity to various modes of transportation. • MCNP Land Use Policy LU-1.1.10 states that the City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations.(See Transportation Policy TR-1.5.2 and Housing Policy HO-1.1.9.) The site is located within a approximately a quarter mile of a Metromover station and a half mile of a Metrorail station. The proposed designation will encourage increased density and redevelopment near these stations. • MCNP Land Use Policy LU-1.1.11 states that the City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person Trip Methodology as set forth in Policies TR-1.1.2 and 1.1.3 of the Transportation Element of the MCNP. The subject site is located in downtown area, which is a major center of activity. Therefore concentration and intensification of development will be encouraged by the amendment. The site is located in close proximity to public transportation and can support very high densities. • MCNP Land Use Objective LU-1.3 states that the City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well -designed, mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). • MCNP Land Use Policy LU-1.3.5 states that the City will continue to promote through its land development regulations, the creation of high intensity activity centers which may be characterized by mixed -use and specialty center development. Such activity centers will be in accordance with the Comprehensive Neighborhood Plan and neighborhood design and development standards adopted as a result of amendments to the City's land development regulations and other initiatives • MCNP Land Use Policy LU-1.3.15 states that the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. • MCNP Policy LU-1.6.10 states that the City's land development regulations and policies will allow for the provision of safe and convenient on -site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. The site is adjacent to a major bus transfer area that is served by over 10 Metrobus routes. It is also located approximately 340 feet from a Metrorail and Metromover station. • MCNP Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. • The Miami 21 zoning designation currently approved on this parcel is D1 — "District 1". The proposed designation will be T6-12-0 — "Urban Core -Open" transect zone. These findings support the position that the Future Land Use Map at this location and for this neighborhood SHOULD be changed to the proposed designation. FUTURE LAND USE MAP (EXISTING) Duplex - —Residential- w co co N SHIPPING AVE ORANGE STD SW 29TH ST Light Industrial BIRD RD PEACOCK AVE L 1- C) CO M Village West Island Charles Avenue Neighborhood Conservation Distr 0 150 300 600 Feet ADDRESS: 3734, 3736, 3750 BIRD RD, 3031 SW 37 CT, 3090 SW 37 AV 1- C) CO FUTURE LAND USE MAP (PROPOSED) 1-1 Duplex - —Residential- W 1 Restricted a 1-- M SHIPPING AVE SW 29TH ST Light Industrial BIRD RD Commercial Restricted Commercial i PEACOCK AVE SW 37TH AVE 0 150 300 600 Feet ADDRESS: 3734, 3736, 3750 BIRD RD, 3031 SW 37 CT, 3090 SW 37 AV 0 150 300 600 Feet ADDRESS: 3734, 3736, 3750 BIRD RD, 3031 SW 37 CT, 3090 SW 37 AV Holland & Knight 701 Brickell Avenue, Suite 3000 I Miami, FL 33131 I T 305.374.8500 I F 305.789.7799 Holland & Knight LLP j www.hklaw.com January 21, 2014 Mr. Francisco Garcia Director Planning and Zoning Department City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Ines Marrero-Priegues 305.789.7776 ines.marrero@hklaw.com Re: TREO Douglas Station, LLC/ Application for Land Use Change and Zoning Change for a ±1.16 acre parcel located at the S/W intersection of S.W. 37 Avenue and Bird Road Dear Mr. Garcia, The undersigned is the legal representative of TREO Douglas Station, LLC, the Owner of a 1.39 acre parcel located at the southwestern intersection of S.W. 37th Avenue and Bird Road. The Property is comprised of 5 parcels identified as 3090 SW 37 Avenue, 3031 SW 37 Court, 3750 Bird Road, 3734 Bird Road and 3736 Bird Road. The subject property is currently developed with a one story, ±23,000 warehouse building and vacant lots that have been recently used as a parking lot. The site is located on the fringes of what once was the Coral Gables/City of Miami industrial area. This area has recently been transformed into a mixed use residential and commercial area, in close proximity to Metrorail mass transit, US1, and the University of Miami. This application requests a zoning and land use change from Light Industrial to General Commercial and a zoning change from DI (Workplace) to T6-12 0 (Urban Core Zone). Section 7.1.2.8. of Miami 21 establishes the permitted successional zoning for parcels of less than 9 acres. For Transect Zone D1, the Miami 21 Code provides that the succesional zone is T6-8* with (*) note that "[t]he Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity." The areas immediately to the south and to the west of the application property are zoned T6-12 O. Expanding the T6-12 0 Transect to the subject property is a logical extension of the established zoning pattern within the City of Miami as well as the developments to the west along Bird Road, within the City of Coral Gables. Atlanta I Bethesda I Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach Mr. Francisco Garcia January 21, 2014 Page 2 In addition, the Property is located within the 1/4 mile pedestrian shed of the Douglas Road Metrorail Station. The requested land use and zoning amendments to a land use category and transect that permit higher residential density and intensity in close proximity to the Douglas Road Metrorail Station (within less than 500 feet) is consistent with the planning and future land use policies of the City's Comprehensive Neighborhood Plan. Policy LU-1.1.10: The City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations. (See Transportation Policy TR-1.5.2 and Housing Policy HO-1.1.9) Policy TR-1.5.2: The City shall conduct appropriate land use and zoning analysis of the areas surrounding each existing and future premium transit station as such station sites are approved by Miami -Dade County or the City of Miami for development in order to determine whether appropriate land use and zoning changes should be implemented that foster the development and use of the stations while protecting adjacent neighborhoods from incompatible development (examining height, density and intensity, use and scale). Such land use and zoning changes shall include minimum and maximum density and intensity standards at the time of implementation. A. The City shall encourage development of a wide variety of residential and non-residential land -uses and activities in nodes around rapid transit stations to produce short trips, minimize transfers, attract transit ridership, and promote transit operational and financial efficiencies. Land uses that may be approved around transit stations shall include housing, shopping, and offices in moderate to high density and intensity, complemented by compatible entertainment, cultural uses and human services in varying mixes. The particular uses that are approved in a given station area should respect the character of the nearby neighborhood, strive to serve the needs of the neighborhood, and promote balance in the range of existing and planned land uses along the subject transit line.. B. It is the policy of the City of Miami to accommodate new development around rapid transit stations that is well designed, conducive to both pedestrian and transit use, and architecturally attractive. In recognition that many transit riders begin and end their trips as pedestrians, pedestrian accommodations shall include, as appropriate, continuous sidewalks to the transit station, small blocks and closely intersecting streets, buildings oriented to the street or other pedestrian paths, parking lots predominantly to the rear and sides of buildings, primary building entrances as close to the street or transit stop as to the parking lot, shade trees, awnings and other weather protection for pedestrians. * * * * * G. The City of Miami seeks to increase the density of development within walking distance of rapid transit stations in a manner appropriate to the particular setting of each transit station and consistent with the policies of the MCNP that speck that existing abutting residential neighborhoods are to be protected and preserved. Mr. Francisco Garcia January 21, 2014 Page 3 Accordingly, land use change and rezoning of the Property to an appropriate transect with higher residential and development density is consistent with the adopted Transit Oriented Development designation for the Property in the Miami 21 Zoning Code, the General Commercial land use designation in the Future Land Use Plan of the Comprehensive Neighborhood Plan, the land use and transportation policies of the City's Comprehensive Neighborhood Plan and the transect planning principles of Miami 21. The Applicant propose to develop the site with a mixed use residential building of approximately 181 units, approximately 24,900 square feet of ground floor retail uses in a twelve (12) story building with 1 level of below grade parking. Plans are close to completion. We look forward to submitting them to the Planning Department for their review in the coming weeks and prior to consideration of the requests of this application by the Planning Zoning and Appeals Board. Based on the foregoing, we respectfully request the favorable review and recommendation by the Planning Director. Should you have any questions regarding the foregoing, please do not hesitate to contact me at (305) 789-7776 or email me at ines.marrero@hklaw.com. Respectfully submitted by, HOLLAND & KNIGHT LLP Ines Marrero-Priegues COMPREHENSIVE PLAN APPLICATION "G DEPART' PLANNING AND ZONING DEPARTMENT, HEARING BOARIN/p54 ON 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305- 20 6: 36 N---carDivt 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. www.miamiqov.com/hearing boards There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8' x11 ") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Ines Marrero-Prieques, Esq.,authorized legal representative for TREO Douglas Station, LLC, a Florida limited liability company 2. Subject property address(es) and folio number(s): ): 3750, 3734, 3736 Bird Road; 3031 SW 37 Court; and 3090 SW 37 Avenue/ 01-4117-003-1770; 1760;1750;1780; and 1820 3. Present designation(s): Light Industrial 4. Future designation(s): Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? YES If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? NO 7. Do you own any other property within 200 feet of the subject property? NO If yes, has the property been granted a Land Use Change within the last year? N/A 8. One (1) original, two (2) 11x17" copies and one (1) 8'/zx11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 9. 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. 10. 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. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. 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. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. 18. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2013 COMPREHENSIVE PLAN APPLICATION 19. What is the acreage of the project/property site? 1.16 acres (50,447 square feet) 20. What is the purpose of this application/nature of proposed use? Mixed Use Residential 21. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. NO 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. NO 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. NO 24. What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 30 mins. and/or ❑ City Commission 30 minutes 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre $ 5,000.00 (10,000) b. Advertising $ 1,500.00 (1,500) c. School Concurrency Processing $ 150.00 ( 150) d. Mail notice fee per notice $ 4.50 ( 630) e. Meeting package mailing fee per package $ 6.00 ( 72) *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature /v/a►A.A.41144—. I es Marr o-Priegues, Name Holland & Knight, LLP Telephone 305 789-7776 Address 701 Brickell Avenue, Suite 3300 Miami, FL 3331 E-mail ines.marrero@hklaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 2/ day of 20 / 1 , by Xua At larre ro- ,ter/ c5 cc es Cs', • Giiti;c c.d.C� who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath (Stamp) SIUBY FLEITES MY COMMISSION # EE 875841 kf EXPIRES: April 16, 2017 4 • Bonded Thru Notary Public Underwrders Signature Rev. 07-2013 3 COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ines Marrero-Priegues., Holland & Knight, LLP , who being by me first deposes and says: 1. That she is the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, Q including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ines Marrero-Priegues, Esq. Holland & Knight, LLP Applicant(s) Name Appligant(s) Sinatur STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me thAs .V4-1' day of '� 20 �� , by �lt t d /,(424-rr ro - i'riefLuzi, Ls2 • who is a(n) individual/partner/agent/corporation of T 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) AV,Y.,P,,,,,, SIUBY FLEITES '* ,u VV•;;: MY COMMISSION # EE 875841 • r - EXPIRES: April 16, 2017 e ,;� •�;,qr Bonded Thru Notary Public {3rsAe+'xriters Rev. 07-2013 4 COMPREHENSIVE PLAN 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) TREO Douglas Station LLC, a Florida limited liability company Percentage of Ownership 100% (Please refer to Disclosure of Interest addendum) Subject Property Address(es) 3750, 3734, 3736 Bird Road; 3031 SW 37 Court; and 3090 SW 37 Avenue 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): NONE N/A Ines Marrero-Priegues, Esq. Holland & Knight, LLP Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Ow/1, ne s) or Att ey Si natur The foregoing was acknowledged before me this 2/ day of daute..44.44/ 20 %'t , by S.J'Lc'd /.-t 11'rffo - Pr/ P qu0.1� Es . a(n) individual/partner/agent/corporation of d a('n) individual/partnership/corporation. He/She .Asiersonak known to me or who has produced as identification and who did (did not) take an oath. (Stamp) SIUBY FLEITES MY COMMISSION # EE 875841 EXPIRES: April 16, 2017 Bonded Thru Notary Public Underwriters Signature who is Rcv. 07-2013 5 LEGAL DESCRIPTION Lots 6, 7 and 8, Block 9, less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 9, 10 and 11, Block 9 less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 12, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND LESS the South 10 feet of Lots 23 and 24; LESS the West 10 feet of Lots 12, 16, 17, 20, 21 and 24 and LESS the East 20 feet of Lots 18, 19, 22 and 23, all in Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4117-003-1820; 01-4117-003-1760; 01-4117-003-1770; 01- 4117-003-1780; 01-4117-003-1780; 01-4117-003-1750. #27235279_v1 Disclosure of Interest TREO Douglas Station TREO Douglas Station, LLC, a Florida limited liability company Managing Member Percentage Interest The TREO Group, LLC 20% Members Percentage Interest ARN Investments Group, LLC 5.2936% Carlos & Yvette Ortega 1.3234% Eduardo & Aradelys Garcia 1.3234% Emilio and Haymet Sauma 7.9404% Francisco Diaz 2.6468% Ivy Properties, Inc 1.3234% Jose & Jessica Villar 0.9264% Luis & Marta Lemes 5.2936% Luis A. Aldariz Salazar 6.6170% Orlando A. Gomez Enterprises 3.3085% Samkle Investments, LLC 44.0033% Total 100% Disclosure of Interest TREO Douglas Station ARN Investments Group, LLC Nancy Ramos Mata Alfonso Ramos Ivy Properties, Inc 50% 50% Otto J. Boudet-Murias 100% Orlando A. Gomez Enterprises Ana Garcia Irrevocable Family Trust Eduardo J Garcia Jr Orlando F Garcia Alexa I Garcia Erica M Garcia Orlando A. Garcia Eduardo E Garcia Paola E Garcia Alexa I Garcia Trust Erica M Garcia Trust Orlando A. Garcia Trust Eduardo E Garcia Trust Paola E Garcia Trust Samkle Investments, LLC S. Klein Family Partnership, a Florida EK Family Trust BKJK Trust NK Family Trust RK Family Trust (42.00%) (13.75%) (13.75%) ( 5.00%) ( 5.00%) ( 5.00%) ( 5.00%) ( 5.00%) ( 1.10%) ( 1.10%) ( 1.10%) ( 1.10%) ( 1.10%) 100% (50.0%) (25.0%) (12.5%) (12.5%) 100% 100% a �. rlw 0 Vtlibtlia� co. uto o 4--.44. r«4-44 win •/ 4BIN ENa1NNY Noc SKETCH OF BOUNDARY SURVEY ALTA/ACSM LAND TITLE SURVEY S W 401h STREET (BIRD ROAD) __ Lott Lot TaRTa elsl.iiTc71at06(P, 0 I I zst 141.5GTC) � lain Y BP�ti='3°J PEACOCK N9T/51 a.l 1°-NUPa47tArmcTiiT o AVENUEN U E Lot Lot Lot 3 4.t a Lot 5 La ,a Lot ,1 Lot 15 ,wrr4CE.111.aL. 40.10 .... BUILDING pxlid imo SW 29TH 5T LEGAL Of.9f-R11•1101.1. ompoy J Win no eu .0 0I0 a" a VF, C CD I 4.4 U 0 CO g odg Qs € mad A 0 O < Uj r c,a o wPg coo U 5 N. I: 1 or1 J N. 57'a130 LS-3004 L. ill ,o ��! City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use 4 RexoNfNo Application Name * TREO Douglas Station, LLC Application Phone * 305-448-7092 Application Email * oboudet@treogroup.com Application Address * Contact Fields Information Contact Name * Ines Marrero-Priegues Contact Phone * 305-789-7776 Contact Email * ines.marrero@hklaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDCay c ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-4117-003-1820; 1750;1760;1770;1780 Additional Folio Number Total Acreage * 1.16 Proposed Land Use/Zoning * T6-12 f Rest.Ylctecl. Comes slid tJ Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * 181 Total # of Units * 181 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * 1404114 4 knt"�ht, LC P Tries Mnrrero- Pvet we, Owner(s)/Attorney/Applicant Naliie O ner(s)/A ey/Appli nt SignatSr� STATE OF FLORIDA COUNTY OF MIAMI-DADE ���'y� Th foregoing was a�$LPwl�eidged.before me this z/"�, flay of Tait( • 20 # 5 , by %1:a MGG�!'Y!'D ' '9 who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) I • • SIUBY FLEITES MY COMMISSION # EE 875841 a EXPIRES: April is, 2017 Bonded Thru Notary Public Underwriters Sign ture CFN: 20130870474 BOOK 28894 PAGE 36 DATE:11/01/2013 10:23:07 AM DEED DOC 34,200.00 SURTAX 25,650.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Prepared by and return to: Linda Worton Jackson SALAZAR JACKSON, LLP Two S. Biscayne Blvd., Suite 3760 Coconut Grove, FL 33133 Purchase Price: $5,700,000 Documentary Stamps: $ [Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this 3c' day of October, 2013 between Helen B. Bentley Family Health Center, Inc., a Florida nonprofit corporation, whose post office address is 3090 S.W. 37th Avenue, Coconut Grove, FL 33133, grantor, and TREO Douglas Station LLC, a Florida limited liability company whose post office address is 2950 S.W. 27th Avenue, Suite 300, Miami, FL 33133, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lots 6, 7 and 8, Block 9, less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 9, 10 and 11, Block 9 less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 12, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND LESS the South 10 feet of Lots 23 and 24; LESS the West 10 feet of Lots 12, 16, 17, 20, 21 and 24 and LESS the East 20 feet of Lots 18, 19, 22 and 23, all in Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4117-003-1820; 01-4117-003-1760; 01-4117-003-1770; 01- 4117-003-1780; 01-4117-003-1780; 01-4117-003-1750. Subject to the permitted exceptions set forth on Exhibit A attached hereto, without the intent to reimpose same. CFN: 20130870474 BOOK 28894 PAGE 37 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation By: Dr. aleb A. Davis Its: President (Corporate Seal) State of Florida County of Miami -Dade r The foregoing instrument was acknowledged before me this 3011' day of October, 2013 by Dr. Caleb A. Davis, as President of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation, who [ ] is persorynfly known or [ A has produced a driver's license as identification. [Notary Seal] ,. v, ALI-MARCELLE LEE SIN Notary Public - State of Florida • E My Comm. Expires Jun 25, 2017 o, o,. Commission * FF 3102' ", Bonded Through 9 Mahona' 1,n. Public Printed Name: Air lia rc-i//2 L �,e My Commission Expires: l in.e 01 S > 20 /7- CFN: 20130870474 BOOK 28894 PAGE 38 EXHIBIT A PERMITTED EXCEPTIONS 1. Taxes and assessments for the year 2013 and subsequent years, which are not yet due and payable. 2. All matters contained on the Plat of REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida. 3. Building restrictions in Deed Book 3652, Page 367, of the Public Records of Miami -Dade County, Florida. 4. Covenant Running with the Land recorded in Official Records Book 10371, Page 1960, as affected by affidavit in Official Records Book 10548, Page 1310, of the Public Records of Miami -Dade County, Florida. 5. Covenant Running with the Land recorded in Official Records Book 11813, Page 606, of the Public Records of Miami -Dade County, Florida. 6. Agreement for Water and Sanitary Sewage Facilities recorded in Official Records Book 16908, Page 2777, of the Public Records of Miami -Dade County, Florida. 7. Unity of Title recorded in Official Records Book 17093, Page 3620, of the Public Records of Miami -Dade County, Florida. CFN: 20130870474 BOOK 28894 PAGE 39 SECRETARY'S CERTIFICATE AND INCUMBENCY CERTIFICATE The undersigned, as Secretary of HELEN B. BENTLEY FAMILY HEALTH CENTER, INC. (the "Corporation"), does hereby certify that: 1. Attached hereto as Exhibit A is a true, correct and complete copy of the Articles of Incorporation of the Corporation which is, as of the date hereof, in full force and effect. No amendment to or restatement of the Corporation's Articles of Incorporation has been filed since the date set forth thereon and no action has been taken by the Corporation in contemplation of the filing of any amendment to or restatement of the Corporation's Articles of Incorporation. 2. Attached hereto as Exhibit B is a true, correct and complete copy of the Bylaws of the Corporation which are, as of the date hereof, in full force and effect. No amendment to or restatement of the Corporation's Bylaws has been made since the date set forth thereon and no action has been taken by the Corporation in contemplation of any amendment to or restatement of the Corporation's Bylaws. 3. Attached hereto as Exhibit C is a copy of the good standing certificate of the Corporation issued by the Secretary of State of the State of Florida. 4. The Corporation does not have members. Rather, the Corporation is managed by a Board of Directors. The following persons have been duly elected and qualified as, and on this date are, all of the members of the Board of Directors of the Corporation: Dr. Caleb A. Davis, Zondra James -Fountain, Barbara B. Jordan, Norman P. Range, Gene S. Tinnie, Pinky Sands, Annie Baker and Vivian Gonzalez Diaz. The ninth director resigned and has not been replaced. S. Attached hereto as Exhibit D is a true, correct and complete copy of the resolutions duly adopted by the Board of Directors of the Corporation at a meeting held on September 12, 2013 authorizing the sale of substantially all of the assets of the Corporation to satisfy the liabilities of the Corporation. Such resolutions are the only resolutions adopted by the Board of Directors of the Corporation with respect to such transaction and have not been amended, modified, revoked or rescinded as of the date hereof and remain in full force and effect. Such resolutions have been adopted in conformity with the Articles of Incorporation, Bylaws and other organizational documents of the Corporation. CFN: 20130870474 BOOK 28894 PAGE 40 2013. 6. The person named below has been duly elected and qualified as, and on this date is, the acting President of the Corporation authorized to sign on behalf of the Corporation the conveyance documents described in the resolutions and set forth opposite his name is his genuine signature. President: N: e: Dr. Caleb A. Davis IN WITNESS WHEREOF, I have hereunto set my hand this day of October, Barbara B. Jordan, Secretary 2 CFN: 20130870474 BOOK 28894 PAGE 41 2013. 6. The person named below has been duly elected and qualified as, and on this date is, the acting President of the Corporation authorized to sign on behalf of the Corporation the conveyance documents described in the resolutions and set forth opposite his name is his genuine signature. President: Name: Dr. Caleb A. Davis IN WITNESS WHEREOF, I have hereunto set my hand this day of October, Barbara B. Jordan, secretary 2 CFN: 20130870474 BOOK 28894 PAGE 42 Exhibit "A" Articles of Incorporation Intentionally Deleted CFN: 20130870474 BOOK 28894 PAGE 43 E :habit "B" r.. id /ti INTENTIONALLY DELETED CFN: 20130870474 BOOK 28894 PAGE 44 Exhibit "D" Resolutions BE ET RESOLVED that it is in the best interest of the Corporation to enter into that certain Agreement for Sale and Purchase of Real Property dated September 17, 2013, as amended (the "Purchase A eement") for the sale of that certain real property and related assets located at 3090 S.W. 37th Avenue, Coconut Grove, Florida 33133 (collectively, the "Property") for the sum of $5,700,000 (the "Transaction"); and BE IT FURTHER RESOLVED that Dr. Caleb A. Davis, the President of the Corporation, be and is hereby authorized and directed to execute and deliver on behalf of the Corporation any and all documents required in connection with the Transaction, including, without limitation, that certain: (a) Special Warranty Deed, (b) Bill of Sale, (c) Owner's Title Affidavit, (d) FIRPTA Non Foreign Affidavit, (e) Assignment of Development Rights, (f) Closing Statement, and (g) such other documents as may be necessary or desirable to effect the Transaction (collectively, the "Transaction Documents"), each in the form approved by the President of the Corporation, such approval to be conclusively evidenced by the execution thereof: and BE IT FURTHER RESOLVED, that the President of the Corporation be, and hereby is, authorized and empowered to do and to perform, or cause to be done and performed, all such other acts, deeds and things, and to make, execute and deliver, or cause to be made, executed and delivered the Transaction Documents and all such other agreements, undertakings, documents, instruments or certificates in the name, and on behalf, of the Corporation, as the President may deem necessary or appropriate to effectuate or carry out fully the purpose and intent of the foregoing resolutions and to be in the best interest of the Corporation (as conclusively evidenced by the taking of such action or the execution and delivery of such agreements, undertakings, documents, instruments or certificates, as the case may be, by or under the direction of him), and that all acts, deeds and things heretofore done or performed by the proper officer of the Corporation in connection with the Transaction be, and hereby are, approved, ratified and confirmed in all respects; and BE IT FURTHER RESOLVED, that the cash due to Seller set forth in the Closing Statement be delivered to Salazar Jackson Trust Account. CFN: 20130870474 BOOK 28894 PAGE 45 CERTIFICATION The undersigned, being all of the members of the Board of Directors of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation (the "Corporation"), hereby certify that the resolutions attached to the Secretary Certificate as Exhibit "D" were duly adopted at a meeting of the Board of Directors on September 13, 2013 and there have been no modifications, additions or amendments thereto as of the date hereof. Further, the undersigned hereby certify that no agreements, documents or instruments of any nature or type whatsoever operate to prohibit, preclude, or in any way whatsoever restrict or limit the Corporation's ability to enter into and perform the terms or conditions of that certain Purchase Agreement by and between the Corporation and TREO Douglas Station, LLC, a Florida limited liability company. Further, the undersigned hereby certify that all provisions in the Articles of Incorporation and By -Laws pertaining to the conveyance of the real property have been met. Dated: October 30 , 2013 Witness: Print Name: i3e ,.���vr� �Dr. leb A. Davis � Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Barbara B. Jordan Zondra James -Fountain CFN: 20130870474 BOOK 28894 PAGE 46 CERTIFICATION The undersigned, being all of the members of the Board of Directors of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation (the "Corporation"), hereby certify that the resolutions attached to the Secretary Certificate as Exhibit "D" were duly adopted at a meeting of the Board of Directors on September 13, 2013 and there have been no modifications, additions or amendments thereto as of the date hereof. Further, the undersigned hereby certify that no agreements, documents or instruments of any nature or type whatsoever operate to prohibit, preclude, or in any way whatsoever restrict or limit the Corporation's ability to enter into and perform the,terms or conditions of that certain Purchase Agreement by and between the Corporation and TREO Douglas Station, LLC, a Florida limited liability company. Further, the undersigned hereby certify that all provisions in the Articles of Incorporation and By -Laws pertaining to the conveyance of the real property have been met. Dated: October, 2013 Witness: Print Name: Witness: Print Name: Witness: t Print Name: 1✓ 1 Zu iv-.-1-" f sc k Witness: Print Name: Witness: Print Name: Witness: Print Name: Dr. Caleb A. Davis Zondra James -Fountain CFN: 20130870474 BOOK 28894 PAGE 47 CERTIFICATION The undersigned, being all of the members of the Board of Directors of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation (the "Corporation"), hereby certify that the resolutions attached to the Secretary Certificate as Exhibit "D" were duly adopted at a meeting of the Board of Directors on September 13, 2013 and there have been no modifications, additions or amendments thereto as of the date hereof. Further, the undersigned hereby certify that no agreements, documents or instruments of any nature or type whatsoever operate to prohibit, preclude, or in any way whatsoever restrict or limit the Corporation's ability to enter into and perform the terms or conditions of that certain Purchase Agreement by and between the Corporation and TREO Douglas Station, LLC, a Florida limited liability company. Further, the undersigned hereby certify that all provisions in the Articles of Incorporation and By -Laws pertaining to the conveyance of the real property have been met. Dated: October 30 " 2013 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: ehad4. ° Witness: Print Name: ( Witness: Print Name: Dr. Caleb A. Davis Barbara B. Jordan CFN: 20130870474 BOOK 28894 PAGE 48 Witness. Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Gene S. Tinnie Pinky Sands Annie Baker Vivian Gonzalez Diaz 1 CFN: 20130870474 BOOK 28894 PAGE 49 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: r Es - /- v dTr4z-„/ Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Norman P. Range Pinky Sands Annie Baker Vivian Gonzalez Diaz CFN: 20130870474 BOOK 28894 PAGE 50 Witness: Print Name: Norman P. Range Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: ,//p.�/ di. Pin y Sand Gene S. Tinnie Witness: Print Name: / ot) L .L'o�� ji S Witness: Print Name: Witness: Print Name: Witness: Annie Baker Print Name: Vivian Gonzalez Diaz Witness: Print Name: 1 CFN: 20130870474 BOOK 28894 PAGE 51 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness:4Q.q 1/K0I -11� Print Name: Yea I'; i (2!1 L m Witness: Print Name: i3c✓ t.-l/ • /406aT4 Witness: Print Name: Witness: Print Name: Norman P. Range Gene S. Tinnie Pinky Sands Vivian Gonzalez Diaz CFN: 20130870474 BOOK 28894 PAGE 52 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: /3-- Norman P. Range Gene S. Tinnie Pinky Sands Annie Baker Vivian Gonzalez Diaz CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ines Marrero-Priegues (First Name) (Middle) (Last Name) HOME ADDRESS: Holland & Knight, LLP (Address Line 1) 701 Brickell Avenue, Suite 3300 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (3 0 5) 7 8 9- 7 7 7 6 CELL PHONE: FAX: EMAIL: ines.marrero@hklaw.com BOSSINESS or APPLICANT or ENTITY NAME TREO_Douglas Station, LLC BUSINESS ADDRESS: 2950 SW 27 Avenue, Suite 300 (Address Line 1) Miami, FL 33133 (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 and land use Change 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? 0 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.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. none 5. Describe what is being requested in exchange for the consideration. none ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMI I'I. ING DISCLOSURE: G.w.r Am of criminal Sig ture Ines Marrero-Priegues, Esq. Print Name 200 �1 The foregoing Sworn to and subscribed be/ore me this Z) '4 day o instrument was acknowledged be/ore me by Lej ar'r 0- Ni t.Ks who has produced / as identification and/or is personally known to m and who/did/did not take an oath. STATE OF FLORIDA J, •y�— CITY OF MIAMI /�. ,"g eye;,, SIUBYFLEITES ,, ;;= MY COMMISSION a EE 675841 "�, JJ=.: a EXPIRES: April 16, 2017 Bonded Thru Notary Public Undeaers Page 2 MY COMMIS IOI� Notary ' Yr,SflP EXPIRES: 0//7 ILLY F LE / TES Print Name Enclosure(s) Doc. No.:86543 File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: PZAB.13 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-00055zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "D1" TO "T6-12-0", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3750, 3734 & 3736 BIRD ROAD, 3031 SOUTHWEST 37TH COURT, AND 3090 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 3750, 3734 & 3736 Bird Road, 3031 SW 37th Court and 3090 SW 37th Avenue [Commissioner Marc David Sarnoff - District 2] Ines Marrero-Priegues, Esquire, Authorized Legal Representative, on behalf of TREO Douglas Station, LLC, a Florida Limited Liability Company 701 Brickell Avenue, Suite 3000 Miami, FL 33131 (305) 374-8500 This will change the above properties from "D1" to "T6-12-0". Item does not include a covenant. Recommended approval. See supporting documentation. March 5, 2014 City of Miami Planning and Zoning Department Division of Land Development File ID#:14-00055zc ANALYSIS FOR ZONING CHANGE Request:Change the zoning classification of the properties described herein Location: Change the zoning designation of the properties located on the westhern and southern portions of the block bounded by Bird Road to the north, SW 37th Avenue to the east, Peacock Avenue to the south, and SW 37th Court the west. Net District: Coconut Grove NET Folio #: 0141170031750,1760,1770, 1780 and 1820 . For detailed legal description see exhibit "A" Total square footage: 50.447 s.f = 1.16± acre ZONING DESIGNATION: Current Zoning Designation: D1 (WORK PLACE - DISTRICT ZONE) Proposed Zoning Designation: T6-12-0 (Urban Core Transect Zone - Open) LAND USE CLASSIFICATION: Is the proposed zoning designation compatible with the MCNP-FLUM: ❑ Yes ® No Current Future Land Use category: Light Industrial Required Future Land Use category: Restricted Commercial URBAN DESIGN FINDINGS AND COMMENTS: 1. The proposed rezoning complies with the successional change as allowed in Miami 21 Code and involves an extension of an existing transect boundary. 2. This request need a companion item for land use change to the subject parcel from "Light Industrial" to "Restricted Commercial", to comply with the Miami Comprehensive Neighborhood Plan (MCNP) Page 1 of 2 City of Miami Planning and Zoning Department Division of Land Development File ID#:14-00055zc 3. The adjacent parcels to the west, and south are designated T6-12-0 (Urban Core Transect Zone -Open) and the areas to the east and north are designated D1 (Work Place- Distrct Zone). 4. The character of the stretch of Bird Road between Dixie Highway and SW 42nd Avenue is commercial. 5. The proposed request for a T6-12-0 "Urban Core Transect Zone -Open" is appropriate for the subject property given its location along Bird Road which is a commercial corridor and at wakable distance of the Metro Rail Station. Based on the above findings, the Planning and Zoning Department recommends Approval of the application as presented. EP 2/13/2014 Page2of2 Yes No N/A. ® ® ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ Analysis for ZONING CHANGE File ID: 14-00055zc a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. b) The proposed change is in harmony with the established land use pattern. c) The proposed change is related to adjacent and nearby districts. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the Toad on public facilities such as schools, utilities, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. MIAMI 21 MAP (EXISTING) } T4-L -T3=O- onservation District 0 150 300 600 Feet ADDRESS: 3734, 3736, 3750 BIRD RD, 3031 SW 37 CT, 3090 SW 37 AV M IAM 121 MAP (PROPOSED) } T4-L -T3=O- onservation District 0 150 300 600 Feet ADDRESS: 3734, 3736, 3750 BIRD RD, 3031 SW 37 CT, 3090 SW 37 AV 0 150 300 600 Feet ADDRESS: 3734, 3736, 3750 BIRD RD, 3031 SW 37 CT, 3090 SW 37 AV Holland & Knight 701 Brickell Avenue, Suite 3000 I Miami, FL 33131 I T 305.374.8500 I F 305.789.7799 Holland & Knight LLP www.hklaw.com January 21, 2014 Mr. Francisco Garcia Director Planning and Zoning Department City of Miami 444 SW 2" Avenue, 3rd Floor Miami, Florida 33130 Ines Marrero-Priegues 305.789.7776 ines.marrero@hklaw.com Re: TREO Douglas Station, LLC/ Application for Land Use Change and Zoning Change for a ±1.16 acre parcel located at the S/W intersection of S.W. 37 Avenue and Bird Road Dear Mr. Garcia, The undersigned is the legal representative of TREO Douglas Station, LLC, the Owner of a 1.39 acre parcel located at the southwestern intersection of S.W. 37th Avenue and Bird Road. The Property is comprised of 5 parcels identified as 3090 SW 37 Avenue, 3031 SW 37 Court, 3750 Bird Road, 3734 Bird Road and 3736 Bird Road. The subject property is currently developed with a one story, ±23,000 warehouse building and vacant lots that have been recently used as a parking lot. The site is located on the fringes of what once was the Coral Gables/City of Miami industrial area. This area has recently been transformed into a mixed use residential and commercial area, in close proximity to Metrorail mass transit, US1, and the University of Miami. This application requests a zoning and land use change from Light Industrial to General Commercial and a zoning change from DI (Workplace) to T6-12 0 (Urban Core Zone). Section 7.1.2.8. of Miami 21 establishes the permitted successional zoning for parcels of less than 9 acres. For Transect Zone D1, the Miami 21 Code provides that the succesional zone is T6-8* with (*) note that "[t]he Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity." The areas immediately to the south and to the west of the application property are zoned T6-12 O. Expanding the T6-12 0 Transect to the subject property is a logical extension of the established zoning pattern within the City of Miami as well as the developments to the west along Bird Road, within the City of Coral Gables. Atlanta I Bethesda I Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach Mr. Francisco Garcia January 21, 2014 Page 2 In addition, the Property is located within the 1/4 mile pedestrian shed of the Douglas Road Metrorail Station. The requested land use and zoning amendments to a land use category and transect that permit higher residential density and intensity in close proximity to the Douglas Road Metrorail Station (within less than 500 feet) is consistent with the planning and future land use policies of the City's Comprehensive Neighborhood Plan. Policy LU-1.1.10: The City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations. (See Transportation Policy TR-1.5.2 and Housing Policy HO-1.1.9) Policy TR-1.5.2: The City shall conduct appropriate land use and zoning analysis of the areas surrounding each existing and future premium transit station as such station sites are approved by Miami -Dade County or the City of Miami for development in order to determine whether appropriate land use and zoning changes should be implemented that foster the development and use of the stations while protecting adjacent neighborhoods from incompatible development (examining height, density and intensity, use and scale). Such land use and zoning changes shall include minimum and maximum density and intensity standards at the time of implementation. A. The City shall encourage development of a wide variety of residential and non-residential land -uses and activities in nodes around rapid transit stations to produce short trips, minimize transfers, attract transit ridership, and promote transit operational and financial efficiencies. Land uses that may be approved around transit stations shall include housing, shopping, and offices in moderate to high density and intensity, complemented by compatible entertainment, cultural uses and human services in varying mixes. The particular uses that are approved in a given station area should respect the character of the nearby neighborhood, strive to serve the needs of the neighborhood, and promote balance in the range of existing and planned land uses along the subject transit line. B. It is the policy of the City of Miami to accommodate new development around rapid transit stations that is well designed, conducive to both pedestrian and transit use, and architecturally attractive. In recognition that many transit riders begin and end their trips as pedestrians, pedestrian accommodations shall include, as appropriate, continuous sidewalks to the transit station, small blocks and closely intersecting streets, buildings oriented to the street or other pedestrian paths, parking lots predominantly to the rear and sides of buildings, primary building entrances as close to the street or transit stop as to the parking lot, shade trees, awnings and other weather protection for pedestrians. * * * * * G. The City of Miami seeks to increase the density of development within walking distance of rapid transit stations in a manner appropriate to the particular setting of each transit station and consistent with the policies of the MCNP that specify that existing abutting residential neighborhoods are to be protected and preserved. Mr. Francisco Garcia January 21, 2014 Page 3 Accordingly, land use change and rezoning of the Property to an appropriate transect with higher residential and development density is consistent with the adopted Transit Oriented Development designation for the Property in the Miami 21 Zoning Code, the General Commercial land use designation in the Future Land Use Plan of the Comprehensive Neighborhood Plan, the land use and transportation policies of the City's Comprehensive Neighborhood Plan and the transect planning principles of Miami 21. The Applicant propose to develop the site with a mixed use residential building of approximately 181 units, approximately 24,900 square feet of ground floor retail uses in a twelve (12) story building with 1 level of below grade parking. Plans are close to completion. We look forward to submitting them to the Planning Department for their review in the coming weeks and prior to consideration of the requests of this application by the Planning Zoning and Appeals Board. Based on the foregoing, we respectfully request the favorable review and recommendation by the Planning Director. Should you have any questions regarding the foregoing, please do not hesitate to contact me at (305) 789-7776 or email me at ines.marrero@hklaw.com. Respectfully submitted by, HOLLAND & KNIGHT LLP Ines Marrero-Priegues Exhibit 1 Miami 21, Article 7.1.2.8, c.2 (2) Analysis The accompanying materials provide an analysis of the properties within a half mile radius of the subject property and provide planning and zoning support for the requested change in zoning transect. Exhibit 1.1(a) and 1.1 (b) consist of aerials of the Property depicting the site's proximity to the Douglas Station Metro Rail station, US 1, Bird Road and high density multifamily residential projects along Bird Road and T6-12 0 properties immediately to the south and west as an established trend of development, appropriate for DI Successional zoning amendment. Exhibit 1.2 depicts the Property's designation as "Light Industrial" in the City's Future Land Use Plan Map to the Comprehensive Neighborhood Plan and the designation of the abutting areas to the west and south as "Restricted Commercial" Exhibit 1.3 depicts the Property's Miami 21 designation as Live Work, and the surrounding properties zoned T6-12 0, the zoning change requested, which is consistent with the existing zoning in the area. Exhibit 1.4 is an analysis of the current Miami 21 transects zoning for properties within approximately 1.2 mile radius of the subject application site. Exhibit 1.5 is an enlarged view of Diagram 11, Article 4, Transit Oriented Development ("TOD") wherein the Property is included within the 1/4 pedestrian shed area for the Douglas Road Metrorail station. Exhibit 1.1 (a)- North Aerial Perspective of Property Area Exhibit 1.1 (b) South Aerial Perspective of Property Area 2 • • , a-TO• • 40" ••, • . ' • „; 1, ' /6 .44t C tit •• •., •• '. • , '• • - • I '— lir '. 1t• . • , .• -• . • : •., .; T ! f t 1r r• • • 1 . . i 46j, t; 111 i • • P" b * r • ...LA t• .. , ,, . , r". 1 , r, P 1 Oil 4 1 1 ., , t • i ili t f • #4; i • I • •"" •••• , 1 411 . a r • • , II ' . •I. ,,. ', •A 14..,Iop.- 10 , i '. i•OP• , 1 1 . .. 6' 1'iI4i', '. 1 .e , 0,. : •r•t ,v , a5 .„, „. 4 6 i .M #•:.i''.1m I t • . • l Jv4•a-- 4 • h• ' - ' ft 4 ' 1 ,. w .. II • V. ,f h. r, k 1 'II 1 .e• I it: 11. .1 - io t k . .".• t A ..• / 4 % 1 1 y • • N i _ ill 1 i 111 r 1 i I „ . - .0, 4 . .4 ' 10 • . • . : k I 10 go, t i tOrti . • ii 1..! t ., a ..—ro • i • ' i. . I, l• 't imen • 1 ' % • V s . , ' rA Ir >111114 '.1.0,,,11411110,11.11,11r 1 I • . ' T. lit.ji . 1...--- • Exhibit 1.2 Miami 21 Zoning Map for Area 1641-0 a a Exhibit 1.3 - Approximate 1/2 mile Radius of Surrounding Zoning areas 4 Exhibit 1.4 - Future Land Use Map (Light Industrial) Surrounded by Restricted Commercial 5 Exhibit 1.5 - Subject Property is inside the 1/4 mile Pedestrian Shed of the Douglas Road Metrorail Station Diagram 11, Article 4, Miami 21 REZONING APPLICATION PLANK N fE f RTHE? PLANNING AND ZONING DEPARTMENT, HEARING BOARDS ft6TION 444 SW 2nd Avenue, 3`d Floor • Miami, Florida 33130 • Telephone 305- 1"6 3{0 PH 6: 36 www.miamigov.com/hearinq boards(Fe2—C, 7)2 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 (8Y2x11") 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 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Ines Marrero-Prieques, Esq.,authorized legal representative for TREO Douglas Station, LLC, a Florida limited liability company 2. Subject property address(es) and folio number(s): 3750, 3734, 3736 Bird Road; 3031 SW 37 Court; and 3090 SW 37 Avenue/ 01-4117-003-1770; 1760;1750;1780; and 1820 3. 4. Present zoning designation(s): D1 (Workplace) 5. Proposed zoning designation(s): T6-12 0 6. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. Attached. 7. One (1) original, two (2) 11x17" copies and one (1) 8'/x11 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. 8. 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. 9. 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. 10. At least two photographs showing the entire property showing land and improvements. 11. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 12. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 13. 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 Tess than one (1) year old. 14. Certified list of owners of real estate within 500 feet of the subject property. 15. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 16. Original Public School Concurrency Management System Entered Requirements form. 17. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2013 3 REZONING APPLICATION 18. What is the acreage of the project/property site? 1.16 acres (50,447 square feet) 19. What is the purpose of this application/nature of proposed use? Mixed Use Residential 20. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. NO 21. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. NO 22. What would be the anticipated duration of the presentation in front of the: E1 Planning, Zoning and Appeals Board 30 mins. and/or IZCity Commission 30 mins. 23. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) $ .50 $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: $ .70 $ 5,000.00 Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice [52+18] x 2 f. Meeting package mailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, shall be pad in the form of a certified check, cashier's check, or money order. Signature Atiw►+ Ins Marr-Priegu'es, E Holland & Knight LLP Address 701 Brickell Avenue, Suite 3300 Miami, FL 33131 Name Telephone 305-789-7776 E-mail ines.marrero(a�hklaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE --� T foregoing was acknowl dged before me this Z /' C7Q day of nGt,G�,y 20 , by tries A-f eet, . �YI'.egwts� 6s T . d who is a(n) individual/partner/agent/corporation of ✓ a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take ark oath. Ae-;"-&" (Stamp) Rev. 07-2013 Signature t.": "ia SIUBY FLEITES : MY COMMISSION # EE 875841 • I tid EXPIRES: April 16, 2017 pr y Bonded Thru Notary Public Underwriters 4 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ines Marrero-Prieques, Esq., Holland & Knight, LLP, who being by me first deposes and says: 1. That she is the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who she represents, if any, have given her full and complete permission for her to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, I71 including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ines Marrero-Priegues, Esq. Holland & Knight, LLP Applicant(s) Name .plicant(Signat re STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledg d before me his 02/"Lt d y of 20 / , by .�-)tG r / arrow- /* u.4 ,!' who is a(n) individual/partner/agent/corporation of ' a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did notjta a an,•at . (Stamp) Signature ?°•' ��s SIUBYFLEITES MY COMMISSION # EE 875841 w ` nd XPhruIRES. A16, 2017 Bo ed TNpril Public Underwriters 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) TREO Douglas Station LLC, a Florida limited liability company Percentage of Ownership 100% (Please refer to Disclosure of Interest addendum) Subject Property Address(es) 3750, 3734, 3736 Bird Road; 3031 SW 37 Court; and 3090 SW 37 Avenue 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): NONE N/A Ines Marrero-Priegues, Esq. Holland & Knight, LLP Owner(s) or Attorney Name Owr>'r(s) or rney ignat e STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me is 21 day of '� 20 / , by .Z ids 4Curero- rife u¢.11 6sf• • who i a(n) individual/partner/agent/corporation 6f a(n) individual/partnership/corporation. He/She is ers Il now tr, m or who has produced as identification and who did (did not) take ar) oath. (Stamp) SIUBY FLEITES MY COMMISSION #, EE 875841 EXPIRE& ApCA 1.6, 2017 Bonded Thai Ngtary Pa* Undemiters Signature Rev. 07-2013 6 4tki'46,7 LEGAL DESCRIPTION Lots 6, 7 and 8, Block 9, less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 9, 10 and 11, Block 9 less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 12, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND LESS the South 10 feet of Lots 23 and 24; LESS the West 10 feet of Lots 12, 16, 17, 20, 21 and 24 and LESS the East 20 feet of Lots 18, 19, 22 and 23, all in Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4117-003-1820; 01-4117-003-1760; 01-4117-003-1770; 01- 4117-003-1780; 01-4117-003-1780; 01-4117-003-1750. #27235279_v1 Disclosure of Interest TREO Douglas Station TREO Douglas Station, LLC, a Florida limited liability company Managing Member Percentage Interest The TREO Group, LLC 20% Members Percentage Interest ARN Investments Group, LLC 5.2936% Carlos & Yvette Ortega 1.3234% Eduardo & Aradelys Garcia 1.3234% Emilio and Haymet Sauma 7.9404% Francisco Diaz 2.6468% Ivy Properties, Inc 1.3234% Jose & Jessica Villar 0.9264% Luis & Marta Lemes 5.2936% Luis A. Aldariz Salazar 6.6170% Orlando A. Gomez Enterprises 3.3085% Samkle Investments, LLC 44.0033% Total 100% Disclosure of Interest TREO Douglas Station ARN Investments Group, LLC Nancy Ramos Mata Alfonso Ramos Ivy Properties, Inc 50% 50% Otto J. Boudet-Murias 100% Orlando A. Gomez Enterprises Ana Garcia Irrevocable Family Trust Eduardo J Garcia Jr Orlando F Garcia Alexa I Garcia Erica M Garcia Orlando A. Garcia Eduardo E Garcia Paola E Garcia Alexa I Garcia Trust Erica M Garcia Trust Orlando A. Garcia Trust Eduardo E Garcia Trust Paola E Garcia Trust Samkle Investments, LLC S. Klein Family Partnership, a Florida EK Family Trust BKJK Trust NK Family Trust RK Family Trust (42.00%) (13.75%) (13.75%) ( 5.00%) ( 5.00%) ( 5.00%) ( 5.00%) ( 5.00%) ( 1.10%) ( 1.10%) ( 1.10%) ( 1.10%) ( 1.10%) 100% (50.0%) (25.0%) (12.5%) (12.5%) 100% 100% - b'I e II 5 LEGEND s a.w 0 wer eon Eli Mt Nolo M Dm 0- Moi• Foie ® teMr me Om memo SKETCH OF BOUNDARY SURVEY ALTA/ACSM LAND TITLE SURVEY S W 40th STREET (BIRD ROAD) 15' ALLEY 0 Nd:4'255141 M(C) lot la ■ a Ter+Yli`EYuie(c) au5s'(Pj PEACOCK AVENUE Lot 1 Lot i Lot 3 Lot 5 Lot 13 Lot 14 Lot 15 fYST— al:17. Cade o .�I O LOCATION YAP Not la Scala tno wmom _aMTOm*x. MIN m e.arr„WMmo OM MOM . MOM Om. al. Sum Mt ma ammo. m clophimi ..p polmq IMMO Mom Mamma ,.my al .. m. 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MEM..ungPaeryµpaem Paeq O•.o.n InLola 12 ;24 :. tl" " yCo 16.1 Tv ^a M.o. e3- 7- .pew a 1 o 5 8A0 LSN-3004 Prepared by and return to: Linda Worton Jackson SALAZAR JACKSON, LLP Two S. Biscayne Blvd., Suite 3760 Coconut Grove, FL 33133 Purchase Price: $5,700,000 Documentary Stamps: $ CFN: 20130870474 BOOK 28894 PAGE 36 DATE:11/01/2013 10:23:07 AM DEED DOC 34,200.00 SURTAX 25,650.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY [Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this 3C ' day of October, 2013 between Helen B. Bentley Family Health Center, Inc., a Florida nonprofit corporation, whose post office address is 3090 S.W. 37th Avenue, Coconut Grove, FL 33133, grantor, and TREO Douglas Station LLC, a Florida limited liability company whose post office address is 2950 S.W. 27th Avenue, Suite 300, Miami, FL 33133, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lots 6, 7 and 8, Block 9, less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 9, 10 and 11, Block 9 less the North 20.00 feet for Street, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND Lots 12, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida; AND LESS the South 10 feet of Lots 23 and 24; LESS the West 10 feet of Lots 12, 16, 17, 20, 21 and 24 and LESS the East 20 feet of Lots 18, 19, 22 and 23, all in Block 9, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof, as recorded in Plat Book 2, at Page 85, of the Public Records of Miami -Dade County, Florida. Parcel Identification Number: 01-4117-003-1820; 01-4117-003-1760; 01-4117-003-1770; 01- 4117-003-1780; 01-4117-003-1780; 01-4117-003-1750. Subject to the permitted exceptions set forth on Exhibit A attached hereto, without the intent to reimpose same. CFN: 20130870474 BOOK 28894 PAGE 37 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation By: Dr. aleb A. Davis Its: President (Corporate Seal) State of Florida County of Miami -Dade r The foregoing instrument was acknowledged before me this 3o day of October, 2013 by Dr. Caleb A. Davis, as President of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation, who [ ] is persoryntty known or [ ,./] has produced a driver's license as identification. [Notary Seal] o. 0'n ..... ALI-MARCELLE LEE SIN 1,c= Notary Public - State of Florida • 5 My Comm. Expires Jun 25. 2017 •"ram vCommission 0 FF 31024 or < to, ... Bondej Through Natrona' y;o; ublic Printed Name: Air re.eN 9e -S My Commission Expires: im.e g S 2D /7- CFN: 20130870474 BOOK 28894 PAGE 38 EXHIBIT A PERMITTED EXCEPTIONS 1. Taxes and assessments for the year 2013 and subsequent years, which are not yet due and payable. 2. All matters contained on the Plat of REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida. 3. Building restrictions in Deed Book 3652, Page 367, of the Public Records of Miami -Dade County, Florida. 4. Covenant Running with the Land recorded in Official Records Book 10371, Page 1960, as affected by affidavit in Official Records Book 10548, Page 1310, of the Public Records of Miami -Dade County, Florida. 5. Covenant Running with the Land recorded in Official Records Book 11813, Page 606, of the Public Records of Miami -Dade County, Florida. 6. Agreement for Water and Sanitary Sewage Facilities recorded in Official Records Book 16908, Page 2777, of the Public Records of Miami -Dade County, Florida. 7. Unity of Title recorded in Official Records Book 17093, Page 3620, of the Public Records of Miami -Dade County, Florida. CFN: 20130870474 BOOK 28894 PAGE 39 SECRETARY'S CERTIFICATE AND INCUMBENCY CERTIFICATE The undersigned, as Secretary of HELEN B. BENTLEY FAMILY HEALTH CENTER, INC. (the "Corporation"), does hereby certify that: 1. Attached hereto as Exhibit A is a true, correct and complete copy of the Articles of Incorporation of the Corporation which is, as of the date hereof, in full force and effect. No amendment to or restatement of the Corporation's Articles of Incorporation has been filed since the date set forth thereon and no action has been taken by the Corporation in contemplation of the filing of any amendment to or restatement of the Corporation's Articles of Incorporation. 2. Attached hereto as Exhibit B is a true, correct and complete copy of the Bylaws of the Corporation which are, as of the date hereof, in full force and effect. No amendment to or restatement of the Corporation's Bylaws has been made since the date set forth thereon and no action has been taken by the Corporation in contemplation of any amendment to or restatement of the Corporation's Bylaws. 3. Attached hereto as Exhibit C is a copy of the good standing certificate of the Corporation issued by the Secretary of State of the State of Florida. 4. The Corporation does not have members. Rather, the Corporation is managed by a Board of Directors. The following persons have been duly elected and qualified as, and on this date are, all of the members of the Board of Directors of the Corporation: Dr. Caleb A. Davis, Zondra James -Fountain, Barbara B. Jordan, Norman P. Range, Gene S. Tinnie, Pinky Sands, Annie Baker and Vivian Gonzalez Diaz. The ninth director resigned and has not been replaced. 5. Attached hereto as Exhibit D is a true, correct and complete copy of the resolutions duly adopted by the Board of Directors of the Corporation at a meeting held on September 12, 2013 authorizing the sale of substantially all of the assets of the Corporation to satisfy the liabilities of the Corporation. Such resolutions are the only resolutions adopted by the Board of Directors of the Corporation with respect to such transaction and have not been amended, modified, revoked or rescinded as of the date hereof and remain in full force and effect. Such resolutions have been adopted in conformity with the Articles of Incorporation, Bylaws and other organizational documents of the Corporation. CFN: 20130870474 BOOK 28894 PAGE 40 2013. 6. The person named below has been duly elected and qualified as, and on this date is, the acting President of the Corporation authorized to sign on behalf of the Corporation the conveyance documents described in the resolutions and set forth opposite his name is his genuine signature. President: N e: Dr. Caleb A. Davis IN WITNESS WHEREOF, I have hereunto set my hand this day of October, Barbara B. Jordan, Secretary 2 CFN: 20130870474 BOOK 28894 PAGE 41 2013. 6. The person named below has been duly elected and qualified as, and on this date is, the acting President of the Corporation authorized to sign on behalf of the Corporation the conveyance documents described in the resolutions and set forth opposite his name is his genuine signature. President: Name: Dr. Caleb A. Davis IN WITNESS WHEREOF, I have hereunto set my hand this day of October, Barbara B. Jordan, ecretary 2 CFN: 20130870474 BOOK 28894 PAGE 42 Exhibit "A" Articles of Incorporation Intentionally Deleted CFN: 20130870474 BOOK 28894 PAGE 43 Eti:bibit "B" f3 1ai; INTENTIONALLY DELETED CFN: 20130870474 BOOK 28894 PAGE 44 Exhibit "D" Resolutions BE IT RESOLVED that it is in the best interest of the Corporation to enter into that certain Agreement for Sale and Purchase of Real Property dated September 17, 2013, as amended (the "Purchase Agreement") for the sale of that certain real property and related assets located at 3090 S.W. 37th Avenue, Coconut Grove, Florida 33133 (collectively, the "Property") for the sum of $5,700,000 (the "Transaction"); and BE IT FURTHER RESOLVED that Dr. Caleb A. Davis, the President of the Corporation, be and is hereby authorized and directed to execute and deliver on behalf of the Corporation any and all documents required in connection with the Transaction, including, without limitation, that certain: (a) Special Warranty Deed, (b) Bill of Sale, (c) Owner's Title Affidavit, (d) FIRPTA Non Foreign Affidavit, (e) Assignment of Development Rights, (f) Closing Statement, and (g) such other documents as may be necessary or desirable to effect the Transaction (collectively, the "Transaction Documents"), each in the form approved by the President of the Corporation, such approval to be conclusively evidenced by the execution thereof: and BE IT FURTHER RESOLVED, that the President of the Corporation be, and hereby is, authorized and empowered to do and to perform, or cause to be done and performed, all such other acts, deeds and things, and to make, execute and deliver, or cause to be made, executed and delivered the Transaction Documents and all such other agreements, undertakings, documents, instruments or certificates in the name, and on behalf, of the Corporation, as the President may deem necessary or appropriate to effectuate or carry out fully the purpose and intent of the foregoing resolutions and to he in the best interest of the Corporation (as conclusively evidenced by the taking of such action or the execution and delivery of such agreements, undertakings, documents, instruments or certificates, as the case may be, by or under the direction of him), and that all acts, deeds and things heretofore done or performed by the proper officer of the Corporation in connection with the Transaction be, and hereby are, approved, ratified and confirmed in all respects; and BE IT FURTHER RESOLVED, that the cash due to Seller set forth in the Closing Statement be delivered to Salazar Jackson Trust Account. CFN: 20130870474 BOOK 28894 PAGE 45 CERTIFICATION The undersigned, being all of the members of the Board of Directors of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation (the "Corporation"), hereby certify that the resolutions attached to the Secretary Certificate as Exhibit "D" were duly adopted at a meeting of the Board of Directors on September 13, 2013 and there have been no modifications, additions or amendments thereto as of the date hereof. Further, the undersigned hereby certify that no agreements, documents or instruments of any nature or type whatsoever operate to prohibit, preclude, or in any way whatsoever restrict or limit the Corporation's ability to enter into and perform the terms or conditions of that certain Purchase Agreement by and between the Corporation and TREO Douglas Station, LLC, a Florida limited liability company. Further, the undersigned hereby certify that all provisions in the Articles of Incorporation and By -Laws pertaining to the conveyance of the real property have been met. Dated: October 30 , 2013 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Barbara B. Jordan Zondra James -Fountain CFN: 20130870474 BOOK 28894 PAGE 46 CERTIFICATION The undersigned, being all of the members of the Board of Directors of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation (the "Corporation"), hereby certify that the resolutions attached to the Secretary Certificate as Exhibit "D" were duly adopted at a meeting of the Board of Directors on September 13, 2013 and there have been no modifications, additions or amendments thereto as of the date hereof. Further, the undersigned hereby certify that no agreements, documents or instruments of any nature or type whatsoever operate to prohibit, preclude, or in any way whatsoever restrict or limit the Corporation's ability to enter into and perform the ,terms or conditions of that certain Purchase Agreement by and between the Corporation and TREO Douglas Station, LLC, a Florida limited liability company. Further, the undersigned hereby certify that all provisions in the Articles of Incorporation and By -Laws pertaining to the conveyance of the real property have been met. Dated: October , 2013 Witness: Print Name: Dr. Caleb A. Davis Witness: Print Name: Witness: Print Name: 1✓ 1 i Za he' (-sc I, o r Barbara B. Jordan Witness: Print Name: Witness: Print Name: Zondra James -Fountain Witness: Print Name: CFN: 20130870474 BOOK 28894 PAGE 47 CERTIFICATION The undersigned, being all of the members of the Board of Directors of Helen B. Bentley Family Health Center, Inc., a Florida not for profit corporation (the "Corporation"), hereby certify that the resolutions attached to the Secretary Certificate as Exhibit "D" were duly adopted at a meeting of the Board of Directors on September 13, 2013 and there have been no modifications, additions or amendments thereto as of the date hereof. Further, the undersigned hereby certify that no agreements, documents or instruments of any nature or type whatsoever operate to prohibit, preclude, or in any way whatsoever restrict or limit the Corporation's ability to enter into and perform the terms or conditions of that certain Purchase Agreement by and between the Corporation and TREO Douglas Station, LLC, a Florida limited liability company. Further, the undersigned hereby certify that all provisions in the Articles of Incorporation and By -Laws pertaining to the conveyance of the real property have been met. Dated: October 30 A; 2013 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: a Print Name: Mad d Dot' Witness: Print Name: Witness: Print Name: Dr. Caleb A. Davis Barbara B. Jordan CFN: 20130870474 BOOK 28894 PAGE 48 Witness. Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Gene S. Tinnie Pinky Sands Annie Baker Vivian Gonzalez Diaz CFN: 20130870474 BOOK 28894 PAGE 49 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: r Es- fav 7 4r,/ Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Norman P. Range Pinky Sands Annie Baker Vivian Gonzalez Diaz CFN: 20130870474 BOOK 28894 PAGE 50 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Norman P. Range Gene S. Tinnie y N /gyp 6xii-,-/ Pin y Sand r/J Print Name: Witness: Print Name: Witness: Annie Baker Print Name: Vivian Gonzalez Diaz Witness: Print Name: CFN: 20130870474 BOOK 28894 PAGE 51 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Tpq,eJ/1 s u i9-i Print Name: .e ►'VGA ► - t vSa!1 L m Witness: Print Name: Bev tidy • 4106vl4 Witness: Print Name: Witness: Print Name: Norman P. Range Gene S. Tinnie Pinky Sands Vivian Gonzalez Diaz CFN: 20130870474 BOOK 28894 PAGE 52 Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: Witness: Print Name: iat.. 6ue,) Norman P. Range Gene S. Tinnie Pinky Sands Annie Baker Vivian Gonzalez Diaz CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ines Marrero-Priegues (First Name) (Middle) (Last Name) HOME ADDRESS: Holland & Knight, LLP (Address Line 1) 701 Brickell Avenue, Suite 3300 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (3 0 5) 7 8 9- 7 7 7 6 CELL PHONE: FAX: EMAIL: ines.marrero@hklaw.com BUSSINESS or APPLICANT or ENTITY NAME TREO Douglas Station, LLC BUSINESS ADDRESS: 2950 SW 27 Avenue, Suite 300 (Address Line 1) Miami, FL 33133 (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 and land use Change 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? El YES NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. none 5. Describe what is being requested in exchange for the consideration. none ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. /t PERSON SUBMITTING DISCLOSURE: G.w.it of criminal Si g ture (J Ines Marrero-Priegues, Esq. Print Name 200 V . The foregoing Sworn to and subscribed before me this 21 44. day ti instrument was acknowledged before me by Zwitgj QI'4Ib. is ve4 who bus produced as identification and/or is personally known to in and whodiid/did not take an oath. STATE OF FLORIDA CITY OF MIAMI I 24?•"•"y ;: SIUSSION TES ..: MY COMMISSION # EE 875841 ^l,•"j° . , EXPIRES: April 16, 2017 :Ti •. •P. . MY COMMIS IOli Notary EXPIRES: 0//7 iI.tBY FL.E/7 SS Page 2 Print Name Enclosure(s) Doc. No.:86543 PZAB.14 File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-00054zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-0" TO "T6-36B-O", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424 & 1432 NORTHEAST MIAMI PLACE, 1415, 1421, 1425, 1433 & 1435 NORTHEAST MIAMI COURT AND 47, 55 & 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 1410, 1420, 1424 & 1432 NE Miami Place, 1415, 1421, 1425, 1433 & 1435 NE Miami Court and 47, 55 & 67 NE 14th Street [Commissioner Marc David Sarnoff - District 2] Iris Escarra, Esquire, on behalf of 14th Plaza Corp. 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 (305) 579-0500 This will change the above properties from "T6-24-0" to "T6-36B-O". Item does not include a covenant. Recommended denial. See supporting documentation. Planning, Zoning and Appeals Board: March 5, 2014 City of Miami Planning and Zoning Department Division of Land Development File ID#:14-00054zc ANALYSIS FOR ZONING CHANGE REQUEST: Pursuant to Article 7, Section 7.1.2.8 (a) (3), to allow a change the zoning designation of the properties that abuts NE Miami Court on the east, NE Miami Place on the West, NE 14 Street to the north, and are located south of NE 15 Street from T6-24- 0 (Urban Core Transect Zone - Open) to T6-36b-O (Urban Core Transect Zone - Open). PROJECT: to allow a mixed use development LOCATION: 1410, 1420, 1424, and 1432 NE Miami Place, 1415, 1421, 1425, 1433, and 1445 NE Miami Court, and 47, 55, and 67 NE 14 Street NET DISTRICT: Downtown NET FOLIO #(s): 01-3136-005-1310, 1300, 1260, 1250, 1240,1210, 1320, 1330, 1290, 1280, 1270, and 1230 SQUARE FOOTAGE: 53,931 s.f. = 1.23± acres ZONING DESIGNATION: Current Zoning Designation: T6-24-0 (Urban Core Transect Zone - Open) Proposed Zoning Designation: T6-36b-O (Urban Core Transect Zone - Open) LAND USE CLASSIFICATION: Is the proposed zoning designation compatible with the MCNP-FLUM: ® Yes ❑ No Current Future Land Use category: General Commercial Required Future Land Use category: General Commercial URBAN DESIGN FINDINGS AND COMMENTS: 1. The subject zoning change from T6-24-0 to T6-36b-O is deemed to comply with Article 7, Section 7.1.2.8 (a) (3) of the Miami 21 Code successional Zoning. 2. Even though the proposed zoning change represents successional zoning, the rezoning from T6-24-0 to T6-36b-O characterizes spot zoning by proposing a change of zoning of several of parcels in the midst of a T6-24-0 zoned area. The effected parcels are literally surrounded by T6-24-0 to the north, south, east, and west. File ID#;13-01452zc 3. The proposed rezoning would set a negative precedent by creating a domino effect in regards to future zoning change applications. 4. T6-24-0 and T6-36b-O allow the same uses, so the proposed zoning change would allow an increase in Building Height and Floor Lot Ratio (FLR) from a maximum Building Height of twenty-four (24) stories and FLR of 7 multiplier for T6-24 to thirty-six (36) stories and FLR of 22 multiplier for T6-36b. 5. However through Public Benefits Program the City allows bonus in Building Height and FLR in exchange for contribution to the City for the following public benefits: affordable/workforce housing, Public Parks and Open Space, Green Buildings, Brownfields, and Civic Space or Civic Support space. 6. The Public Benefits Program would allow bonus in Building Height up to forty- eight (48) stories and FLR bonus of thirty percent (30%) for the T6-24 Transect zone, which would reinforce the Public Benefits program's intent to establish a positive precedent of developer's contribution to specified programs that provide benefits to the public in exchange for bonus Building Height and FLR. Based on the above findings, the Planning and Zoning Department recommends Denial to the request. D.Cook 2/25/2014 Analysis for ZONING CHANGE File ID: 14-00054zc Yes No N/A. ® P ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ �I n b) The proposed change is in harmony with the established land use pattern. ❑ E ❑ c) The proposed change is related to adjacent and nearby districts. I� /1 ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ❑ ® ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ❑ g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. i1 j) The proposed change has the same or similar impact on drainage as the existing classification. h k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. ❑ I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. El m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ❑ / ❑ o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ 1 ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. 16THST MIAMI 21 MAP (EXISTING) NW 16TH ST NWi15TH ST ,\\\\\\,\\\t-,\*\\\\\\ Z � \\\ Z \\,\\ \ \ Z \\\\\\\\\NW 14TH ST \\\\\\\\\NE•14TH ST \\\\`' \\\\\� \\\\\ \\\\\�\\\ OMNI CRA: Performing Arts & Media Ent. Di tr. \\\\\\ \ > \ . �.\ \\\\\\\\ \ .Q\\ NE 13TH:TER `�\\\\\\ \\\\\\\� • • a ;m.\\ \\\ NW.13TH ST NE 13TH ST"" \\ NE 16TH ST NE 15TH ST T6-24-0 SEOPWCommunity Redevelopment Plan 0 150 300 T6-24-0 600 Feet •T 'T6-36B-0 FW \ NE 12TH ST ADDRESS: 1410, 1420, 1424 & 1432 NE MIAMI PL 1415, 1421, 1425, 1433 & 1445 NE MIAMI CT 47, 55 & 67 NE 14 ST 16TH.ST XX X\\\ \\ MIAMI 21 MAP (PROPOSED) NW 16TH ST- NE 16TH ST 121 NE 15TH ST T6-36B-0 W Z \\\\\\,\\• NW 14TH ST \\\\ \\\\\� NE 14TH ST \\\\` \\\\\L,,_\__\,..\,.‘,„\\\.\\„"\\.\ ...,:\ \ \ \ \ iliour \\\\\\\\VN OMNI CRA: Performing Arts & Media Ent:'District \\\\\\\ \\ � \ Z, \\\\\\\ \\ ` a� \ ' NE 13TH:TER , , \ zN W \\ I Z \ NE13TH'ST �.. ..... _ _ SEOP,W Community Redevelopment Plan 0 150 300 T6-24-0 600 Feet NE 12TH STD ADDRESS: 1410, 1420, 1424 & 1432 NE MIAMI PL 1415, 1421, 1425, 1433 & 1445 NE MIAMI CT 47, 55 & 67 NE 14 ST 1 16TH.ST NW 16TH ST NE 16TH ST NE 15TH ST Source: Es Ai�EXi�e irap v,S NE,13TH TER eoEye _i-rcubed:JUS'DA.1 e ing Aerograd I he ' a w�s�topo!-�a�d 0 150 300 600 Feet ADDRESS: 1410, 1420, 1424 & 1432 NE MIAMI PL 1415, 1421, 1425, 1433 & 1445 NE MIAMI CT 47, 55 & 67 NE 14 ST GT GreenbergTraurig January 21, 2014 Mr. Anel Rodriguez City of Miami Hearing Boards Department 444 S.W. 2nd Avenue, 3rd Floor Miami Riverside Center Miami, FL 33130 Iris V. Escarra Tel (305) 579-0737 Fax (305) 961-5737 escarrai©gtiaw.com RE: 14 Plaza Corp. / 1415, 1421, 1425, 1433 and 1445 NE Miami Court, and, 47 NE 14 Street, and 55 and 65 NE 14 Street, and, 1410, 1420, 1424, and 1432 NE Miami Place, Miami, Florida / Letter of Intent and Application for Rezoning Dear Mr. Rodriguez, On behalf of 14 Plaza Corp., (the "Applicant"), we respectfully submit the enclosed Application for Rezoning of the properties located at 1421, 1425, 1433 and 1445 NE Miami Court and, 47 NE 14 Street and, 55 and 65 NE 14 Street, and, 1410, 1420, 1424, and 1432 NE Miami Place, Miami, Florida, (collectively, the "Property"). Please consider this correspondence as the Applicant's Letter of Intent and analysis pursuant to Article 7.1.2.8(c)(2)(g) of Miami 21. The Property is approximately 53,931 square feet or 1.23 acres ir-area-eu rently--consists-e ots. The Property -also --abuts a 10-foot alleyway as provided in Plat Book A, Page 49, of the Public Records of Miami -Dade County, Florida. The Applicant seeks to develop the Property as a mixed use development with multi -family residential use, ground floor retail and requisite parking. As per Miami 21, the current zoning for the Property is T6-24-0. The Applicant now proposes and hereby submits the enclosed application for approval of a zoning change for the Property from T6-24-0 to T6-36B-O pursuant to the successional zoning requirements of Article 7.1.2.8 of Miami 21. The City's Future Land Use Map of the City's Comprehensive Neighborhood Plan designates the Property as General Commercial ("GC"). Under the City's Comprehensive Plan, the Property's GC designation permits residential uses to a maximum density equivalent to High Density Multifamily Residential (i.e., 150 residential dwelling units per acre), however, the Property is located within the Omni Residential Density Increase Area which is eligible for 500 residential units per acre. The GC designation also permits hotel, office, retail, GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM 333 S.E. 2nd Avenue • Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717 restaurants, and "general entertainment facility" uses. Accordingly, the Applicant's proposed general commercial and multi -family residential uses for the Property are permitted under the GC designation of the City's Comprehensive Neighborhood Plan. The Property is located in the center of the Omni Community Redevelopment Area, as well as the Performing Arts Center District and the Urban Central Business District. The properties located immediately to the east of the Property up until Biscayne Bay are zoned T6-36B-O. The Property does not adjoin or abut any single-family residential neighborhoods. The properties located immediately to the south of the Property are zoned T6-80-0 and T6- 60A-O. The City's Comprehensive Neighborhood Plan defines the Urban Central Business District as containing high intensity, high density multi -use development to include: retail, entertainment facilities and high density residential uses. Accordingly, the Applicant's proposed rezoning to T6-36B-O for development of a multi -use residential and commercial structure at the Property is appropriate due to Property's proximate location to Downtown Miami and location within the boundaries of the City's Urban Central Business District. As previously, mentioned the Urban Central Business District contemplates and encourages the development of high -intensity and high density residential and commercial development such as that proposed by the Applicant. Furthermore, the development of the Performing Arts Center has made the Omni area a hub of culture, dining, shopping and entertainment. Future developments for the area including the Omni Media Towers and hotel developments proposed for the Omni area have also led to an increased demand in multi -family residential housing, hotel use, and commercial space, including retail use, in the area. High density and high intensity residential towers dominate the skyline along Biscayne Boulevard across the City's newly established Museum Park. The existing and proposed multi -family residential uses continue along Biscayne Boulevard into the Omni and Edgewater areas. The Omni area has long been seen as the point of connection between Downtown Miami and the areas of Design District, Midtown and Wynwood creating an ideal location for both residents and visitors to live, work and play. The proposed ground floor retail on the Property will create active pedestrian areas by providing connectivity with the surrounding commercial spaces and create a gathering place for both visitors and residents of the Omni. The Applicant's proposed rezoning from T6-24-0 to T6-36B-O is consistent with the City's vision and plans for the Omni area, as well as the underlying General Commercial designation. Accordingly, the commercial and residential uses proposed by the Applicant for the Property are compatible with the City's efforts to expand the uses in the area to attract both visitors and residents to Omni. Please note that the Applicant is not seeking any modification to the comprehensive plan. Please note that pursuant to Article 7.1.2.8(c)(2)(g) of Miami 21, the proposed Rezoning of the Property is in conformance with the Comprehensive Plan, the established land use pattern for the adjacent properties and the immediate area, and in scale with the needs of the neighborhood. Specifically, the Applicant's proposed is consistent with Miami 21's intent and the zoning and comprehensive plan designations for the adjoining properties and neighborhood of expanding mixed uses and urban development to the Omni area. Greenberg Traurig. P.A. I Attorneys at Law 1333 Avenue of the Americas I Suite 4400 I Miami, FL 33131-3238 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com Enclosed please find the Rezoning Application, a check payable to the City for the associated filing fees for the applications, and a survey of the Property. If you require any additional information or would like to discuss further this request, please contact me at 305- 579-0737. Thank you for your attention to and favorable consideration of this matter. Enclosures MIA 183673472v1 S. c- rely, Iris Escarra Greenberg Traurig, P.A. I Attorneys at Law 1333 Avenue of the Americas Suite 4400 I Miami, FL 33131-3238 I Tel 305.579.0500 I Fax 305.579.0717 www.gtlaw.com REZONING APPLICATION PLANNING �DEPg4THEN r PLANNING AND ZONING DEPARTMENT, HEARING BC1013SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephonelb64-4fe20N/8 www.miamiqov.com/hearinq boards Ole 11) 1N_000s-112 C 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 (8Y2x11") 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 2 MIA 183661308v1 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Iris Escarra, Esquire on behalf of 14th Plaza Corp 2. Subject property address(es) and folio number(s): 1410, 1420, 1424 and 1432 NE Miami Place, 1415, 1421, 1425, 1433, 1445 NE Miami Court, 47, 55 and 67 NE 14 Street Folio Nos. 01-3136-005-1310, 01-3136-005-1300, 01-3136-005-1260, 01-3136-005-1250, 01-3136- 005-1240, 01-3136-005-1210, 01-3136-005-1320, 01-3136-005-1330, 01-3136-005-1290, 01-3136- 005-1280, 01-3136-005-1270 and 01-3136-005-1230 3. Present zoning designation(s): T6-24 0 4. Proposed zoning designation(s): T6-36B 0 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 81Ax11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2013 3 MIA 183661308v1 REZONING APPLICATION 17. What is the acreage of the project/property site? Approx. 1.23 acres 18. What is the purpose of this application/nature of proposed use? Rezoning of properties 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 21. What would be the anticipated duration of the presentation in front of the: X Planning, Zoning and Appeals Board 15 mins and/or X City Commission 15 mins 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 $ 5,000.00 Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice $ 1,500.00 $ 150.00 $ 4.50 f. Meeting p- age m-ding fee per package $ 6.00 *Fees over $2 -, 0 •.00, IAbe ; .i. the fopt 3 of a certified check, cashier's check, or money order. Signature ' / Address 333 Avenue of the Amercias Name Iris Escarra Miami, Florida 33131 Telephone 305-579-0737 E-mail escarrai(cr�gtlaw.com STATE OF Florida —COUNTY of Miami -Dade The foregoing was acknowledged before me this 2/ day of JanVetall 20 14 , by Iris Escarra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rcv. 07-2013 MIA 183661308v1 Sig • MARISOL RODRIGUEZ E Notary Public • State of Florida ;,y ��• ,z My Comm. Expires Sep 27, 2014 yF Commission # EE 30092 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Iris Escarra, Esquire , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, X including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Iris Escarra, Esquire Applicant(s) Name 'plicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 02/ day of 20 14 , by Iris Escarra, Esquire wh is a(n). individual/partner/agent/corporation of a(n) individual/partnership/corporation. She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature �^ti P11r PVb MARISOL RODRIGUEZ Notary Public - State of Florida • My Comm. Expires Sep 27, 2014 Commission # EE 30092 Rev. 07-2013 MIA 183661308v1 6 REZONING APPLICATION DISCLOSURE OF OWNERSHIP As Developer 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) 14 Plaza Corp. Percentage of Ownership Martin Ferreira de Melo 33.3%, Jose L. Ferreira de Melo 33.3% and Carlos Ferreira de Melo 33.3% Subject Property Address(es) 1421, 1425, 1433 and 1445 NE Miami Court and 55 and 65 NE 14 Street, 1410, 1420, 1424 and 1432 NE Miami Place List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): None Iris Escarra, Esquire Owner(s) or Attorney Name Owner(s) or Ati Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 2/ day of 20 14 , by Iris Escarra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who (did not) take an oath. (Stamp) Sign MARISOL RODRIGUEZ Notary Public - State of Florida ' My Comm. Expires Sep 27, 2014 Commission # EE 30092 Rcv. 07-2013 MIA 183661308v1 7 Exhibit "A" LEGAL DESCRIPTION: THE LAND DESCRIBED HEREON IS PS PER THE TITLE COMMITMENT PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANY, FILE NUMBER: 17568-0283: LOT 3, IN BLOCK 17, OF ROBSIT,S-GRAHAM AND CHILLINGSWORTH ADDITION TO THE CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT COOK 'A', AT PAGE 49 Vz OfF THE PUBLIC RECORDS OF FIT MI -LADE COUNTY, FLORIDA_ LOTS 5, 6, PND NORTH Yz OF LOT 7 AND ALL OF LOT 8 IN BLACK 17 OF ROBBBINS-GRAHAM AND CHILLINGSWORTH ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 600 "A', PAGE 49 Yz OF THE PUBLIC RECORDS OF MLAMI-DARE COUNTY, FLORIDA LOTS 9 AND 12 7 FSS THE NORTH 1 FOOT OF LOT 9, BLOCX 17, OF NORTH MIAMI, MORE COMMONLY KNOWN AS RO6'3INS-GRAN M AND CHILLINGSWORTH ADDITION, A030RDING TO TTE PLAIT THEREOF RECORDED IN PLAT BOOK A, PAGE 49 V , OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SOUTH HALF OF LOT 7, IN BLOCK 17 OF NORM PflA141, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "A' AT PAGE 49 Yz, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, )FLORIDA THE LAND DESCRIBED HEREON IS AS PER THE TITLE COMMITMENT PREPARED BY FIRST AMERICAN TITLE INSLRRANCE COMPANY, FILE NUMBER: 17568-0288 LOT 10, IN BACK 17, OF ROBffiN5, GRAHAM AND CHRLINGSWORTH SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "A", AT PAC 49 Yz OF THE PUBLIC RECORDS OF MIAKI.DADE COMITY, FLORIDA. THE UIN0 DESCRIBED IBREOH IS AS PER THE TITLE COMMITMENT PREPARED BY FIRST AMERICAN TITLE INSURArNCE COMPANY, FILE NUMBER: UNIVERSAL ENTERPRISES, INC. LOT 11, BLACK 17, Of ROBB0I*GRAHAM AND CHILLINGSWORTH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK "A', PAGE(S) 49 Yz OF THE PUBLIC RECORDS OF MIAMI-DA DE COUNTY, FLORIDA. MAP OF BOUNDARY SURVEY .86 1 I I I I I I CONC IDS ES 0,94009 BLOCK CORNER BACK BETE PREVENT LOB cK STUCCO PERM CHAIN LINK CONCRETE FH CALCULATEFENCE CATCH GWA CLEAR LP CENTERLWE CLEANOUT CORNER MH DEED ONOJ01 OSSA EIC BOX CM ACHWO FOUND FOUND vAs ROOM IRON PPE EMIR AADT: anv.9 M n, NA ■ -!M_ — e— • a n a a • AYE• 2239.72 (MO (mom, (Dn0PXP1 4 4 a 4 ym - 1�(� ((o-m YY 11/(4nmkn) `Li )va�v 3 56^E 2400.0000' tRi L[7 MILLI I )Arc Iupn• u �4.:.P.•40p �,I19��501° 37' S6'E 300.00. (R C `M 7) mmoVI o n) 9199. 66mi (M Rn , 09.901 (Dn (nm5P) I 4 not.m (eaoo��Ap1 W 4 4 8 _ a (n) (,ppy) (anon ... 501. 37.. 56.E 300.00' (RI • 7 Dp,¢99E.999,195 9 99U 6.5 ". (-AM co. tows SM. ....--0---• --- -- ---f-- BA95Q— wrw4ir +u+1 Y--- --- a Orr ®/ I I � 1} .T'm 7 eDFrut . MASS 0432E ti� 1 LEGEND -/ ABBREVIATIONS /SYMBOLS: FOUND LL HOLE , O 3 WIER VALVE FOUND >EREMAANENTME Owx. WNW, m N,REPML BO.IELFCTR,CBO. REFERENC M0NU NT PG. PAGE FLORIDA FIREPw ML AND LENT IAOIE Ar u••AI � • IwAHw ruvE ANCHOR 000NMEIEWOCOPI,EOLE • vAa rER.ATER ULAIIO5 CCUMY 0BEC -0' SEC. SECTIONr97L -'-'I" duel wnrENCE MEASUREDRAMMR ., a m x -om.- OW... WIRES CRY MONUMENT LINE R TOWNSHIP ▪ MEMO,�� IDE ONT10CATIDN 7,-,7,- WATER METER 0 SEWER VALVE }{-f N .2OnaAARACCESS,* OFFSET OVERHEADRE RV LVE OS POLE PAVERENi Im OaaN Inml MORE OR LESS REMAINDER OF LOT [SWENSON DATE 80-]0-1] TYPE OF SURVEY: tlIIMMT REVISIONS CONTINUED SCALE 'CRY' JOB ORDER: 135966 PREPARED FOR: 111{A] ODIP. REVISIONS oO:IC4SRYEIIMAIE_ DRAWN sr: A0. FEL PG DOTAL FILE NO. E-1996 SHEET 1 OF 1 CERTIFIED TO: FLOOD INFORMATION: ROOD BOUNDARY SURVEY APOR.00CATION MAP PORTION <,E CITY OF MMAII. 5401.14DADE COUNTY. FLORIDA SCAIF• NTs, SURVEYOR'S NOTES / REPORT: 1 ALL FELD MEASUREMENTS TAKEN FOR SIMS SURVEY WERE MADE WITH A TRANSR, ELKTRONIC DISTANCE METER ANEVODR STEEL TAPE. 2 THIS FIRM HAS MADE NO ATTEMPT TO LOCATE FOOTINGS AND/OR FOUNDAT DNS NOR ANY ODER UNDERGROUND IMMONEMENTS 3, THE LARDS SHOWN HEREON HAVE NOT BEEN ABSTRACTED By THE FMM REGARDWG MA,ERS OF INTEREST By OTHER pARTIES, SUCH AS EASEMENTS. RENTS OF WAW. C THE CLIENT IS HEREBY SED 1NAT IVERE WI BE IN THE PUBLIC ECCR SS LUSHOWN N.THECe OF OF SURVEY ORCIORDS°F WRNR1ERTHIS PUBLIC AND VATEEMMES THE SUBJECT PROPERTY THAT ARE NOT Ar AS THE SURVEY WAS PREPARED FOR ANC. CERTIFIED TO THE PARTVUESIINDICareD HEREON AND Ls NOT TRANSFERABLE Cr WASSENABLE. s. CAP UNLESS OTHERWISE NOTED. SET ermEFMMARE STAMPED LBNrsm oR PaMPBINSAND ARE 18,113. THE BOUNOARY LIMITS ESTABLEPED ON THE SURVEY ARE BASED ON TNE LEGAL OESCRIPTION PRWIDEDmCOalEx IT OR lrs PIPEWARTH YELLOW LOCATION O ASSUMED f E..Mx CORP BEARINGSxnssEEAssIwEUA BEARING B. OF ANY UNDERGROUND LINES ARE THE elsSURVEY 9 ALL EASEMENTS SHOWN AND MIGHT OF WAY INFORMATPN ON THIS SURVEY, ARE BASED ON THE SUBJECT RECORD PLAT • 10 SOME SYMBOLS SHOWN ON THIE SURVEY ARE ESAGGERATED BEYOND THE SCALE CP THIS DRAW. THE CENTER OF TH HE SYMBOLS REPRESENTS THE ACTUAL LOCATOR OF THE CORRESPONDING IMPROVEMENT. 11. THIS IMP CP EGONDARY SURv Er DOES NOT DETERMINE OWNERSHIP OF FENCE WALLS OR ANV ADJOINING STRUCTURE SS 12. THE INTENDED USE OF THIS SUIFNEY E FOR CCP.ISTRUCTION PURPOSES. TRANSFER OF -TITLE,. RF2ONINC PURPOSES 3 13. THE DATE OF COMPLETION OF ORIGINAL MELDSURVEY CTHE SURVEYDATE.WAS 10-28-m13 tN. PAsi l-LE NUM 50ER VE NUM. 0 R .12S IW f BfFAST FILE NUMBER TIRE WSUM86000 P PANY. MTY FIRST M F_ RAAN TRLxDTXE r 10E mITLE LECOMIINUNTn FILE NUMBER ERUPRESA03PARED DEPRISE(ASTFE NUMB 10.62ECO70l9 PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANY DATED NOVEMBER 31. m15.AN0 HAS THE EOLLEWNOCNUMB.OM . EATIC ESE ER 12,6,0303 STANDARD TITLE EXCEPTIONS D0ROW0WIO_ COMMENTS SUR MATTER s°AND RDi�E x�PRO nRECORDINGINFG NO SURVEYMATIR. M MRFR PPERSAU ENTERPRISES INC E:5F NDSTANDARD TITLE EXCEPTIONS N/A DINDINE0 LEGAL DESCRIPTION? ROTA SURVEY MATTER SEAL COI SC., ICATE E=NvaaLlaxs IN CHAPTER SP, FL DA TO s CTIONA-E: orlon. n1v LPE - wISSUE SOUTH PENINSULA SURVEYING, CORP B N>58I LAND DEVELOPMENT CONSULTANTS SURVEYORS - PLANNERS CONSTRUCTION LAYOUT 1799 NE 1,01hSTREET BEACH. 33153 10) 305.087.919I(7)305Jsa188>.-M5)19ov1AP.vtv.daglrLLeavr City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * 14 Plaza Corp. Application Phone * 305-438-1290 Application Email * martinfmelo@hotmail.com Application Address * 1410 NE Miami Place Contact Fields Information Contact Name * Iris Escarra, Esq. Contact Phone * 305-579-0737 Contact Email * escarrai@gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email ggav@miamigov,com Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3136-005-1310, 1300,1260, 1240 Additional Folio Number 1210,1320,1330,1290,1280,1270 and 01-3136-005-1230 Total Acreage * 1.23 Proposed Land Use/Zoning * T6-36B 0 Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 615 Total # of Units * 615 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as —deemed by- he -local -government. The -number of-units-to-be-inpuHnto-the-EMS is the -net -difference -between -the -existing — vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be tom down for redevelopment. The newly proposed development calls for 40 total units. Local govemment shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * _ Iris Escarra, Esquire Owner(s)/Attorney/Applicant Name wner(s)/Attorney/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of January 2014 , by Iris Escarra who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) ;Iture Notary Public - State of Florida My Comm. Expires Sep 27, 2014 Commission # EE 30092 I I11IIIMil 11IIIAli'I IE THIS INSTRUMENT PREPARED BY: Mark I. Aronson, Esq. Holland & Knight LLP Suite 3300 701 Brickell Avenue Miami, Florida 33131 AND AFTER RECORDING RETURN TO: Florentino L. Gonzalez, Esq. Shutts & Bowen LLP 1500 Miami Center 201 S. Biscayne Boulevard Miami, Florida 33131 Folio Numbers: 01-3136-005-1210 01-3136-005-1250 01-3136-005-1280 01-3136-005-1330 ,.......,, .:wn ., ,,.. ;.. .. 5.� '1::. ti...• �� :P, ..,.:.. u_.a _?...�;_. ;r'a, 6..11 Q.�lI ..�i. 'R_ .:�.i• z„' 4i..,1. OR BI•; 28%78 Ns 441'f _.. 44.19; (3P51f;) RECORDED 1:11. /1"l;r/2014 10340.6 DEED i.00 TAX 257800,,00 SURTAX : 9 3;.°'0., 00 HARV}: Y RHVIN} CLERK OF COURT 1'1lAi'1:C d)F1t)T: C:t31N'i";''r FLORIDA Space Above This Line For Recording 01-3136-005-1230 01-3136-005-1260 01-3136-005-1290 01-3136-005-1240 01-3136-005-1270 01-3136-005-1320 SPECIAL WARRANTY DEED This Special Warranty Deed, is made the day of January, 2014, by MECCA II, LLC, a Florida limited liability company whose address is c/o Holland & Knight LLP, 701 Brickell Avenue, Suite 3000, Miami, Florida 33131 Attention: Jorge L. Hernandez Torano, Esq ("Grantor"), in favor of 14 Plaza Corp., a Florida Corporation, whose address is 250 N.E. 25t Street, Suite 201, Miami, Florida 33137 ("Grantee"). GRANTOR, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's successors and assigns forever, the land located in Miami - Dade County, Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"). TO HAVE AND TO. HOLD, the same together with all and singular tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the Grantor, either in law or in equity, to the use, benefit and behalf of the Grantee forever. #24114493_v1 This conveyance is made subject to the following: 1. Taxes and assessments for the year 2014 and subsequent years. 2. Zoning and other governmental regulations. 3. Conditions, restrictions, limitations and easements appearing in the Public Records of Miami -Dade. County, Florida, if any, none of which are intended to be reimposed by this conveyance. TO HAVE AND TO HOLD, the same in fee simple forever. Together with all tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property. AND Grantor hereby specially warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through and under Grantor, but none others. IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: kk rAk m , Aito0s,01J STATE—OF-FLORIDA— ) SS COUNTY OF MIAMI-DADE ) GRANTOR: MECCA II, LLC, a Florida limited liability company Jb ge ernandez-Torar; Authorized Signatory "' ) a The foregoing instrument was acknowledged before me this , day of January, 2014, by Jorge Hernandez-Torafio, as Authorized Signatory of MECCA II, LLC, a Florida limited liability company, on behalf of the company. He is personally knownto me;or vv ha rod e-d as identification. My Commission Expires: 2 #24114493_vl Printed Name: Notary Public MY COMMISSION t: ' EXPIRES: May 16, 2016 Bonded Thru Navy Public Underwriters 'n r K 28972 \In,',"::' 4419 LAST PAGE EXHIBIT "A" LEGAL DESCRIPTION Lot 3, in Block 17, of ROBBINS-GRAHAM AND CHILLINGSWORTH ADDITION TO THE CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "A", at Page 49 '/2 of the Public Records of Miami -Dade County, Florida. Lots 5, 6, and North '/2 of Lot 7 and all of Lot 8 in Block 17 of ROBBINS-GRAHAM AND CHILLINGSWORTH ADDITION, according to the Plat thereof, as recorded in Plat Book "A", Page 49 1/4 of the Public Records of Miami -Dade County, Florida. Lots 9 and 12 less the North 1 foot of Lot 9, Block 17, of North Miami, more commonly known as ROBBINS-GRAHAM AND CHILLINGSWORTH ADDITION, according to the Plat thereof recorded in Plat Book A, Page 49 'A, of the Public Records of Miami -Dade County, Florida. South half of Lot 7, in Block 17 of NORTH MIAMI, according to the Plat thereof recorded in Plat Book "A" at Page 49 ''/2, of the Public Records of Miami -Dade County, Florida. ITATE OF FLONIUA, COUNTY OF DADE I.1 REBY CERTIFY that this is a trtyff )py of the al fled inthis office on / day 1 , A D 20 al Seal. lr uu and Co Courts D.C. #24114493_vl 111111111111111111111111111111111111111111111 Return to: Shutts & Bowen LLP 1500 Miami Center 201 South Biscayne Blvd. Miami, FL 33131 Prepared by: Larry A. Rothenberg, Esq. 815 Coral Ridge Drive Coral Springs, FL 33071 Parcel Identification No. 01-3136-005-1300 ... ,...,, ..... ....,,, -a OR PA; :18995 Pssi 0577 " r r 9 (2Ps s RECORDED I.1/l//201I.04/03 DEED I.X(7C TAX 30.00.00 SURTAX , e O75,, CIO i•itaRVEY [tt.il+J•Np CLERK OF COURT HIAMI-DADE ICILNN'IYa FLORIDA [Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 1 day of January, 2014 between P. L. A., LLC, a Florida limited liability company whose post office address is 2000 N.W. 150 Avenue, Suite 2106, Pembroke Pines, FL 33028 of the County of Broward, State of Florida, grantor*, and 14 Plaza Corp., a Florida corporation whose post office address is 250 N.E. 25 Street, Suite 201, Miami, FL 33137 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lot 10, in Block 17, of ROBBINS, GRAHAM AND CHILLINGSWORTH SUBIDIVISION, according to the Plat thereof as recorded in Plat Book A, Page 49 1/2, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: Covenants, restrictions, public utility easements of record, existing zoning and governmental regulations, and real estate taxes for the year 2014 and subsequent years. and said grantor does hereby fully warrant the title to said land, and will defend the same against 1 claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. DoubleTimee OR BK 28995 PG 0578 LAST F AI a,:: itr;" In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: P. L. A„ L C, a Florida limited liability company By:, !<J NES r ERICA BURNHAM State of Florida County of et Amy Wol» i k, anager 1 The foregoing instrument was acknowledged before me this day of January, 2014 by Janet Amy Wollowick, Manager of P. L. A., LLC, a Florida limited liability company, known to me to be the person described in and who executed the fore oing instrument on behalf of said li, ited liability company. She L] is personally known to me or ] has • vuced a dri er's li• -nse asification. [Notary Seal] «k +gY lit,, LORRAINE FALCONE JONES Commission # FF 034479 i Expires August 23, 2017 Bondod Thru Troy Fain IM1114EfflOO 800-385-7013 Warranty Deed (Statutory Form) - Page 2 u•lic Prin ed Name: ,LORRAINE FALCONE JONES My Commission Expires: STATE OF FLORIDA, COUNTY OF DADE 1 HEREBY CERTIFY that this Is a true copy of the originalgifiled hjhia l rf4 on day of AD20__. _. WITNESS ; 1y hand ird Official Scal. HARVE f�2UVIN, N4ERK, of Circuit and County Courts DoubleTime® 1111111111111111111111111111111111111111I 1111 Return to: Shutts & Bowen LLP 1500 Miami Center 201 South Biscayne Blvd. Miami, FL 33131. Prepared by: Larry A. Rothenberg, Esq. 815 Coral Ridge Drive Coral Springs, FL 33071 Parcel Identification No. 01-3136-005-1310 CT: P4 .'.:!; u.. q N .�tp.. Il �A :ill •a t_ 3. u,., n wp tORBt: 28 t[5 I?9Ci 0544 545; (26':1 •,':i t RECORDED 01./17/201.I 1:I.442:20 DEED DOC: TAX :?r Q•Ijl1, un SURTAX I e:;I.0.00 f•fr•U VLY lRI!V:CNs CLERK 'W COURT MIAMI -i?flDE c:uIJM , FLORIDA IDA [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this gday of January, 2014 between Universal Enterprises, Inc., a Florida corporation whose post office address is 2000 N.W. 150 Avenue, Suite 2106, Pembroke Pines, FL 33028 of the County of Broward, State of Florida, grantor*, and 14 Plaza Corp., a Florida corporation whose post office address is 250 N.E. 25 Street, Suite 201, Miami, FL 33137 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lot 11, Block 17, of ROBBINS-GRAHAM & CHILLINGSWORTH, according to the Plat thereof as recorded in Plat Book A, Page(s) 49 1/2, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: Covenants, restrictions, public utility easements of record, existing zoning and governmental regulations, and real estate taxes for the year 2014 and subsequent years. and said grantor does hereby fully warrant the title to said land, and will defend the same against 1 wVµ claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. DoubieTime® OR IC"^ II''k 28995 pU"p �.::II 0545 LAST In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Wit same: State of Florida. �, County of TI ZX (. ' ONES Universal Enterprises, Inc., a Florida corporation ..� , j /,I ad( By: J et Amy ollo "ek, "res' • ent ) - The foregoing instrument was acknowledged before me this day of January, 2014 by Janet Amy Wollowick, President of Universal Enterprises, Inc., a Florida corporation, on behalf of the co .oration. She [_] is personally known to me or has produced a dr' 's license as i. en ific ion. 4 [Notary Seal] Nota 1,0fi ,. LORRAINE FALCONE JONES f .. �- Commission # FF 034479 r: 'LLAr Expires August 23, 2017 Q' Bonded Tlw Troy Fan Inwren:e B 485` 7019 Warranty Deed (Statutory Form) - Page 2 P blic Printed Name: LORRAIN F1LCON. ONES My Commission Expires: TATE OF FLORIDA, COUNTY OF DADS !HEREBY CERTIFY that this is a true copy of the original filed !n tht^ on_ day of J%N 7 WITNESS ly nand and Cfficlai Seal. HARVJY RUIN, CLERK, of Circuit and County Courts By C/igD.C. DoubleTimeo CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Carlos - Ferreira de Melo (First Name) (Middle) (Last Name) HOME ADDRESS: 615 N.E. 22 Street Apt#101 CITY: (Address Line 1) (Address Line 2) Miami STATE: Florida ZIP: 33137 HOME PHONE: (305) 4 3 8 -12 91 CELL PHONE: (305) 305-9008 EMAIL: martinfmelo@hotmail.com FAX: (305) 438-1292 BUSSINESS or APPLICANT or ENTITY NAME 14 Plaza Corp. BUSINESS ADDRESS: 250 NE 25 Street, Suite 201 (Address Line 1) Miami, Fl 33137 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of rezoning for property located at approximately 1410 NE Miami Place. 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 X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. n/a b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. n/a 5. Describe what is being requested in exchange for the consideration. n/a ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: igna ure •aefl6c,4D,re/ s7, ,1 - fl—K-iZ Print Name Sworn to and subscribed before me this --2"0 day of Y1 JU , 20b4 The foregoing instrument was acknowledged before me by 2CI I (0.5 d_e e - o , who has produced rPirse7 nu U( ✓IOtNY,- as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA 11.41.•., SARA 001JEND0 CITY OF MIAM[ =�� :.1 NotaryPublic • State of Florida • _ c 22 2017 MY COMMISSIO Notary =;j 3 Commission # FF 57393 EXPIRES:lga ii '3(..)Q , ,• ret Print Name Enclosure(s) Doc. No.:86543 Page 2 File ID: Title: Applicant(s): Purpose: PZAB.15 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-00109zt Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING SECTION 3.15, ENTITLED, "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS" TO MODIFY REGULATIONS OF ARCHITECTURAL AND DESIGN STANDARDS REQUIREMENTS IN CERTAIN TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Johnny Martinez, City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will modify regulations of architectural and design standards requirements of the Affordable Housing Special Benefit Program to only allow such development by Warrant. Planning and Zoning Department Recommendation: Recommended approval. Analysis: See supporting documentation. Planning, Zoning and Appeals Board: March 5, 2014 City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00109zt Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING SECTION 3.15, ENTITLED, "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS" TO MODIFY REGULATIONS OF ARCHITECTURAL AND DESIGN STANDARDS REQUIREMENTS IN CERTAIN TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, P.E., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will modify regulations of architectural and design standards requirements of the Affordable Housing Special Benefit Program to only allow such development by Warrant. WHEREAS, it has been determined that incentives are necessary to facilitate affordable housing in the City of Miami; and WHEREAS, several amendments have been approved by the City Commission to incentivize affordable housing in the City; and WHEREAS, development under Section 3.16 of the Miami 21 Code shall be reviewed as part of a Warrant process to ensure the quality of development is appropriate and fits within the City's context; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Ordinance is amended by making modifications to Article 3 of the Code of City of Miami Page 1 of 4 File Id: 14-00109zt (Version: 1) Printed On: 2/25/2014 File Number: 14-00109zt the City of Miami, Florida, as amended, in the following particulars: {1} "ARTICLE 3. 3.15 AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS. The intent of the Affordable Housing special benefit program established in this section is to facilitate the development of high quality Affordable Housing in the City by providing development incentives, including, but not limited to, modifications of architectural/design standards and parking reductions. 3.15.1 As a pre -requisite to qualify as an Affordable Housing Development eligible for any of the special benefits described in Section 3.15, an applicant shall submit to the Office of Zoning: a. Certification by the City's Community Development Department that the proposed Development will provide a minimum of eighty percent (80%) of the Dwelling Units (Multi -family or Elderly) as Affordable Housing serving residents at or below sixty percent (60%) of the area median income (AMI) as published by the United States Department of Housing and Urban Development annually; or that the Development is a mixed -income building providing at least forty percent (40%) of the units as Affordable Housing serving residents at or below sixty percent (60%) of AMI or providing at least twenty percent (20%) of the units as Affordable Housing serving residents at or below fifty percent (50%) of AMI, is not restricted to elderly residents, and is located within a Residential Density Increase Area; b. A recorded covenant running with the land acceptable to the City of Miami , confirming the property will meet the criteria in subsection (a) above for a period of no less than thirty (30) years from the date of the issuance of a final Certificate of Occupancy. 3.15.2 Affordable Housing Developments that abut a T3 Zone are not eligible for the provisions in Section 3.15. Affordable Housing Developments that abut a T4 Zone shall require a Warrant for consideration under Section 3.15. 3.15.3 In place of any conflicting provisions elsewhere in this Code, Affordable Housing Developments may be developed in accordance with the following-, subject to a Warrant: a. Height 1. T5: Maximum building height of 75 feet with no limitation on the number of Stories; 2. T6-8: Maximum building height of 125 feet with no limitation on the number of Stories; 3. T6-12: Maximum building height of 240 feet with no limitation on the number of Stories; City of Miami Page 2 of 4 File Id: 14-00109zt (Version: 1) Printed On: 2/25/2014 File Number. 14-00109zt b. Parking may extend into the Second Layer above the first Story along all Frontages. The Facade of a parking garage that is not concealed behind a Habitable Liner shall be screened to conceal from view all internal elements including, but not limited to, vehicles, plumbing pipes, fans, ducts and all lighting. The size, location, and materials for such screening elements shall be reviewed by Waiver with referral to the Planning Department. c. Pedestrian or Vehicular Cross Block Passages shall not be required. d. Development Abutting two (2) or more Thoroughfares shall have only one (1) Principal Frontage and shall not be subject to the minimum Principal Frontage Line requirement. Determination of which Frontage is to serve as the Principal Frontage shall be made by the Planning Director upon request by the Zoning Administrator. e. Development shall not be subject to maximum Lot Area requirements. f. Development in T6 Zones shall be exempt from complying with the requirements contained in Sections 5.6.1 (h) and 5.6.2 (b). g. Setback requirements above the eighth floor may be modified by Waiver for Development in T6 Zones. *II Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: City of Miami Page 3 of 4 File Id: 14-00109zt (Version: 1) Printed On: 2/25/2014