Loading...
HomeMy WebLinkAboutPZAB 03-05-14 Supporting DocsPZAB.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