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HomeMy WebLinkAboutPZAB 04-02-14 Supporting DocsPZAB.4 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 04-00329Iu 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 2110, 2118 & 2134 NORTH MIAMI AVENUE AND 2101, 2129 & 2135 NORTHWEST MIAMI COURT, 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 2110, 2118 & 2134 N Miami Avenue and 2101, 2129 & 2135 NW Miami Court [Commissioner Marc David Sarnoff - District 2] Iris Escarra, Esquire, on behalf of Miami Town Center Holdings, LLC 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 (305) 579-0500 This will change the above properties from "Light Industrial" to "General Commercial". Recommended denial. See supporting documentation. Continued on March 5, 2014. ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST Approximately 2110, 2118, 2134 N Miami Avenue & 2101, 2129, 2135 NW Miami Court File ID 04-003291u 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 1 benefit from close proximity to industrial areas. These commercial activities include retailing of 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 six parcels comprising approximate 1.39 acres. This site is located on the southern portion of the block bounded by NW 22" Street on the north, NW Miami Court on the west, NW 21st Street on the south, and N Miami Avenue on the east. The site and the areas to the north, south, east, and west are designated "Light Industrial". 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 residential structures that are out of scale with the surrounding neighborhood. • 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 will allow for residential uses that will be of a much greater height than the surrounding areas. 2 • The MCNP Interpretation of the 2020 Future Land Use Map indicates that the "Light Industrial" future land use category allows Live/Work or Work/Live mixed occupancy structures up to a maximum of 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 high density is not consistent with and is out of scale with the maximum density, 36 DU/A, allowed in the areas surrounding the subject properties. • 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 less potential adverse impacts than the existing "Light Industrial" designation areas surrounding the subject properties. Alternatively, the "Light Industrial" areas currently surrounding the subject properties may have negative adverse impacts to the subject properties. • If approved, this new FLUM designation may result in future similar FLUM applications adjacent to this application, creating a domino effect, potentially changing the character of the area. • 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) NW 1ST AVE NW MIAMI CT NW 23RD ST NW 22ND ST NW 21ST ST Light Industrial NW 2OTH ST Industrial 0 150 300 600 Feet I 1 I I w a NE 24TH ST NE 23RD ST2 NE 24T 23RD S1 Commercial NE 22ND ST , NE 22ND ST NE VS' NE 20TH Restricted Commercial NE 19TH TER 111G 4(1TU @T ADDRESS: 2110, 2118 & 2134 N MIAMI AV 2101, 2129 & 2135 NW MIAMI CT FUTURE LAND USE MAP (PROPOSED) NW 1ST AVE Light Industrial Industrial 0 150 300 600 Feet I 1 I I NE 24T 23RD S1 Commercial NE 22ND ST , NE 22ND ST NE VS' NE 20TH Restricted Commercial NE 19TH TER 111G 4(1TU @T ADDRESS: 2110, 2118 & 2134 N MIAMI AV 2101, 2129 & 2135 NW MIAMI CT amNE 24TH ST NW 22ND ST1 NE22ND ST NW-21ST ST �...�b, NW 20TH ST «. NE 23RD S1 NE 20TH NE 19TH TER Do QI'Kedffi0 IG A(ITU QT 0 150 300 600 Feet ADDRESS: 2110, 2118 & 2134 N MIAMI AV 2101, 2129 & 2135 NW MIAMI CT 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@gtlaw.com RE: Wynwood Owner LLC / 2110, 2118, and 2134 North Miami Avenue, and, 2101, 2135 and 2129 NW Miami Court, Miami, Florida / Letter of Intent and Applications for Comprehensive Plan Amendment and Rezoning Dear Mr. Rodriguez, On behalf of Wynwood Owner LLC, (the "Applicant"), we respectfully submit the enclosed Applications for a Comprehensive Plan Amendment and Rezoning of the properties located at2110, 2118, and 2134 North Miami Avenue, and, 21-3-5-and 2129 NW Miami Court, 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 1.43 acres or 62,270.14 square feet in area and currently consists of vacant, unimproved, and platted lots. The Property also abuts a 12-foot alleyway that is 1,491.98 square feet in area. As per Miami 21, the zoning for the Property is Work Place District Zone ("D 1 "). The Property was previously rezoned and its' comprehensive plan designation was amended to allow for expanded residential uses, however, in 2010 with the adoption of Miami 21, the Property was reverted to Industrial. The Applicant now proposes and hereby submits the enclosed application for approval of a zoning change for the Property from D 1 to T6-8-O pursuant to the successional zoning requirements of Article 7.1.2.8 of Miami 21. The City's Future Land Use Map designates the Property as Light Industrial ("LI"). The Applicant now proposes and hereby submits the enclosed application for an amendment to the City's Future Land Use Map of the City's Comprehensive Neighborhood Plan from "LI" to General Commercial ("GC"). 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 The Property is located in the center of the Wynwood neighborhood. During the last several years, Wynwood has undergone an urban transformation and revitalization that has led to an increased demand in multi -family residential housing, hotel use, and commercial space, including retail use, in the area. The Applicant proposes a mixed -use development for the Property, consisting of a 12-story tower with 214 residential units, 100 hotel lodging units and retail space with requisite parking. The ground floor retail including restaurant space will create active pedestrian areas by providing connectivity with the surrounding commercial spaces and create a gathering place for both visitors and residents of Wynwood. The Applicant's proposed rezoning from D1 to T6-8-O and land use designation amendment to GC is consistent with the City's vision and plans for the Wynwood neighborhood. Most recently, the City submitted for City -initiated comprehensive plan amendments and rezoning of properties located in the Wynwood area similar to those now proposed by the Applicant. Additionally, the City has introduced economic development initiatives to the area, such as the Wynwood Cafe District, to promote Wynwood as a hub of art, culture, dining, shopping and entertainment. 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 Wynwood. On June 24, 2004, the Miami City Commission passed Ordinance Nos. 12555 and 12556, attached hereto as composite Exhibit "A," approving a Comprehensive Plan Amendment for the Property by changing the land use designation from "Industrial" to "General Commercial," and a Zoning Atlas Amendment changing the zoning designation of the Property from "Industrial" to "C-2 Liberal Commercial" ("C-2") under the City's previous Zoning Ordinance 11000. At that time, the City found that the Comprehensive Plan amendment to GC and Zoning Atlas Amendment to C-2 was appropriate for the Property, in scale with the surrounding zoned areas, and not contrary to the established land use pattern for the Wynwood area. At the time Miami 21 was adopted in May of 2010, the Comprehensive Plan designation for the Property reverted to the previous industrial category. Now, the Applicant seeks: (1) to amend the Comprehensive Plan designation of the Property to GC, as previously approved by the City by Ordinance No. 12555, and, (2) to rezone the Property from to T6-8-O under Miami 21, a similar zoning district to the C-2 zoning change as permitted under previous Zoning Ordinance 11000 and as approved by the City in Ordinance No. 12556, which permitted general commercial and multi -family residential uses as proposed herein. Please note that pursuant to Article 7.1.2.8(c)(2)(g) of Miami 21, attached hereto as Exhibit "B," we provide an analysis of general planning principles and the goals and objectives of the City's Comprehensive Plan finding that the proposed Comprehensive Plan Amendment and Rezoning of the Property are in conformity with the Comprehensive Plan, the established land use pattern for the adjacent properties and Wynwood area, and in scale with the needs of the neighborhood. Specifically, the attached analysis supports the Applicant's proposed comprehensive plan amendment and rezoning as consistent with Miami 21's intent and the zoning and comprehensive plan designations for the adjoining properties and neighborhood. 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 Comprehensive Plan Amendment Application, 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 305-579-0603. Thank you for your attention to and favorable consideration of this matter. Sin Iris Escarra Enclosures MIA 183670090v1 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 Exhibit "A" City of Miami Legislation Ordinance: 12555 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00329 Final Action Date: 6/24/2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2101 AND 2135 NORTHWEST MIAMI COURT AND 2110, 2118 AND 2134 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting held on March 17, 2004, Item No.1, following an advertised public hearing adopted Resolution No. PAB-17-04, by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of this amendment to the future land use map; BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are incorporated by reference herein. Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the land use designation from "Industrial" to "General Commercial" for the properties located at approximately 2101 and 2135 NW Miami Court and 2110, 2118 and 2134 North Miami Avenue, Miami, Florida, more particularly described in "Exhibit A" attached and made a part hereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale Development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (e) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the City ofDlianni Page 1 of 2 Printed On: ll/13/2006 File Number: 04-00329 Enactment Number: 12555 future land use map for a site -specific development; and (f) is one which is not located within an area of critical state concern. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. 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 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat. (2003). {1} Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Page 2 of 2 Printed On: 11/13/2006 . 1fa3„li �A.r• ., i).1 it City of Miami Master Report Enactment Number: 12555 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00329 Version: 1 File Type: Ordinance Reference: Controlling Body: Planning & Zoning - - City Commission File Name: Land Use Change - 2101, 35 N Mia Ct & 2110, 18, 34 N Mia Introduced: 3/24/2004 Av Requester: Status: Passed Cost: Final Action: 6/24/2004 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCAI'hD AT APPROXIMATELY 2101 AND 2135 NORTHWEST MIAMI COURT AND 2110, 2118 AND 2134 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 04-00329 SR Fact Sheet.pdf,04-00329 Analysis.PDF,04-00329 Land Use Map,pdf,04-00329 & 04-00329a Aerial Map,pdf,04-00329 PAB Reso.PDF,04-00329 Application & Supp Docs.PDF,04-00329 Legislation.PDF,04-00329 & 04-00329a Exhibit A.PDF,04-00329 FR Fact Sheet pdf History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: City Commission 5/27/2004 PASSED ON FIRST READING City Commission 6/24/2004 ADOPTED 1 Office of the Mayor 7/7/2004 Signed by the Mayor Office of the City Attorney 10/20/2004 Reviewed and Approved Pass Pass City ofMiami Page 1 Printed on 11/13/2006 PLANNING FACT SHEET APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER Lucia A. Dougherty, Esquire for Chrome Miami, LLC. March 17, 2004 Consideration of amending the Miami Comprehensive Neighborhood Plan. Complete legal description on file with the Department of Hearing Boards. Consideration of Amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the properties located at approximately 2101 and 2135 North Miami Court and 2110, 2118 and 2134 North Miami Avenue, Miami, Florida; from "Industrial" to "General Commercial". Approval. See supporting documentation. Recommended approval to VOTE: 8-0 City Commission. Passed First Reading on May 27, 2004. 2004-010 Item # 1 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 6/23/2004 Page 1 City of Miami Legislation Ordinance: 12556 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00329a Final Action Date: 6/24/2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM I INDUSTRIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2101 AND 2135 NORTHWEST MIAMI COURT AND 2110, 2118 AND 2134 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting of April 12, 2004, Item No. 7, following an advertised hearing, adopted Resolution No. ZB 2004-0853, by vote of eight to zero (8-0), RECOMMENDING APPROVAL of a change of zoning classification, as hereinafter set forth; 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 inhabitants to grant this change of zoning classification 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 Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from I Industrial to C-2 Liberal Commercial, for the property located at approximately 2101 and 2135 Northwest Miami Court and 2110, 2118 and 2134 North Miami Avenue, Miami, Florida, more particularly described in attached "Exhibit A." Section 3. It is found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the load (f) on public facilities such as schools, utilities, streets, etc.; is necessary due to changed or changing conditions; City of Miami Page 1 of 2 Printed On: 11/13/2006 File Number: 04-00329a Enactment Number: 12556 will not adversely influence living conditions in the neighborhood; will not create or excessively increase traffic congestion or otherwise affect public safety; will not create a drainage problem; will not seriously reduce light and air to adjacent area; will not adversely affect property value in the adjacent area; will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 4. Page No. 21 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is amended to reflect the changes made necessary by this Amendment. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. 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 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption pursuant and subject to § 163.3187(3)(c). {1} Footnotes: {1} This Ordinance shall become effective as specified unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated, whichever is later. City of Miami Page 2 of 2 Printed On: 11/13/2006 City of Miami Master Report Enactment Number: 12556 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00329a Version: 1 File Type: Ordinance Status: Passed Reference: Controlling Body: Planning & Zoning - - City Commission File Name: Zoning Change - 2101, 35 NMia Ct & 2110, 18, 34 NMia Av Introduced: 4/20/2004 Requester: Cost: Final Action: 6/24/2004 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO, 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM I INDUSTRIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCA LED AT APPROXIMATELY 2101 AND 2135 NORTHWEST MIAMI COURT AND 2110, 2118 AND 2134 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 04-00329a SR Fact Sheet.pdf,04-00329a Analysis.PDF,04-00329a Zoning Map.PDF,04-00329 & 04-00329a Aerial Map.pdf,04-00329a ZB Reso.PDF,04-00329a Application & Supp Docs.PDF,04-00329a Legislation.PDF,04-00329 & 04-00329a Exhibit A.PDF,04-00329a FR Fact Sheet. pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 City Conun ssion 5/27/2004 PASSED ON FIRST Pass READING 1 City Commission 6/24/2004 ADOPTED Pass 1 Office of the Mayor 7/7/2004 Signed by the Mayor 1 Office of the City 7/29/2004 Reviewed and Attorney Approved City ofMiarni Page 1 Printed on 11/13/2006 EXHIBIT "B" Supporting Land Use Policies for Rezoning and Comprehensive Plan Amendment for 2110, 2118, and 2134 North Miami Avenue, and, 2135 and 2129 NW Miami Court, Miami, Florida The rezoning and comprehensive plan amendments are consistent with the following: It is found that the requested Land Use change to General Commercial will allow the property to add residential uses to the mix of uses on the property as it is developed; this component has been found to be consistent with the overall master plans for the nearby area. It is found that the subject property is ideally suited for mixed use given its location within Wynwood and proximity to the Design District, Midtown, and Downtown Miami; the property also has convenient access to major arterial roadway and highways. Goal LU-1: 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. Policy LU-1.1.7: 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. Policy LU-1.1.11: 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 MIA 183672714v1 Supporting Land Use Policies for Rezoning and Comprehensive Plan Amendment for 2110, 2118, and 2134 North Miami Avenue, and, 2135 and 2129 NW Miami Court, Miami, Florida Area pursuant to Miami -Dade County's designation of an Urban InfilI 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. Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designations. Policy LU-1.2.1: The City defines blighted neighborhoods as areas characterized by the prevalence of older structures with major deficiencies and deterioration, high residential vacancies, widespread abandonment of property, litter and poor maintenance of real property. Declining neighborhoods are defined as areas characterized by the prevalence of structures having minor deficiencies, a general need for improvements in real property, significant declines in real property values, high vacancy rates in commercial structures and increasing difficulty in obtaining insurance. Neighborhoods threatened with decline are defined as areas characterized by significant but infrequent property maintenance neglect, an aging housing stock, declining property values, general exodus of traditional residents and influx of lower income households. Policy LU- 1.3.6: The City will continue to encourage a diversification in the mix of industrial and commercial activities and tenants through strategic and comprehensive marketing and promotion efforts so that the designated Neighborhood Development Zones (NDZ), the Empowerment Zone, the Enterprise Zone, the Brownfield Redevelopment Area, Commercial Business Corridors, and other targeted areas are buffered from national and international cycles. Objective LU-1.3: 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 MIA 183672714v1 2 Supporting Land Use Policies for Rezoning and Comprehensive Plan Amendment for 2110, 2118, and 2134 North Miami Avenue, and, 2135 and 2129 NW Miami Court, Miami, Florida 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). Policy LU-1.3.15: 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. Policy LU-1.6.9: The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements. Objective LU-1.7: Ensure that the Miami Comprehensive Neighborhood Plan is updated as needed to meet changing conditions and, improve its effectiveness and success. Goal LU-3: Encourage urban redevelopment in identified Urban Infill Areas and Urban Redevelopment Areas. Objective LU-3-1: Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas or Urban Redevelopment Areas to facilitate redevelopment. Policy LU-3.1.1: Continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment with a mix of uses in Urban Infill Areas or Urban Redevelopment Areas and, if not, revise said existing zoning regulations or adopt new zoning regulations to promote redevelopment. Policy HO-1.1.3: The City will continue to develop comprehensive neighborhood redevelopment plans and programs that encourage private developers to build new, or rehabilitate old, residential structures and ensure that public investments are coordinated with private sector developments to increase the overall attractiveness of redeveloping neighborhoods. Goal HO-2: Achieve a livable city center with a variety of urban housing types for persons of all income levels in a walkable, mixed -use, urban environment. MIA 183672714v1 3 Supporting Land Use Policies for Rezoning and Comprehensive Plan Amendment for 2110, 2118, and 2134 North Miami Avenue, and, 2135 and 2129 NW Miami Court, Miami, Florida Objective HO-2.1: Design and create pedestrian friendly environments and neighborhoods with varied housing prototypes and amenities catering to persons of diverse social, economic and cultural backgrounds, with a variety of urban housing types for persons of all income levels including those of extremely low, very low-, low-, and moderate -income households (in accordance with the current standards and regulations of HUD and the State of Florida) provided in a walkable, mixed -use, urban environment. Policy HO-2.1.2: The City will continue to revise residential zoning district regulations to provide greater flexibility for the design and development of a variety of contemporary housing types and mixed -use developments with the application of new higher density zoning in accordance with neighborhood specific design and development standards that might be adopted as a result of amendments to the City's land development regulations and other neighborhood planning initiatives. MIA 183672714v1 4 COMPREHENSIVE PLAN APPLICATION PLANNING C) mP,F,R 1-hI N PLANNING AND ZONING DEPARTMENT, HEARING BOARC J$gPfriPN PM 5: 42 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 S(91f- 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 (81/2x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Iris Escarra, Esquire on behalf of Miami Town Center Holdings, LLC 2. Subject property address(es) and folio number(s): 2110, 2118 and 2134 N. Miami Avenue, 2101, 2129 and 2135 N.W. Miami Court Folio Nos. 01-3125-048-0320, 01-3125-048-0310, 3. 01-3125-048-0300, 01-3125-054-0370, 01-3125-054-0360 and 01-3125-054-0350 4. Present designation(s): Light Industrial 5. Future designation(s): General Commercial 6. 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. 7. Has the designation of this property been changed in the last year? If so, when? no 8. 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 9. 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. 10. 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. 11. 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. 12. At least two photographs showing the entire property showing land and improvements. 13. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 14. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 15. 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. 16. Certified list of owners of real estate within 500 feet of the subject property. 17. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 18. Original Public School Concurrency Management System Entered Requirements form. Rcv. 07-2013 2 COMPREHENSIVE PLAN APPLICATION 19. The subject property(ies) cannot have any open code enforcement/lien violations. 20. What is the acreage of the project/property site? Approx.. 1.387 acres 21. What is the purpose of this application/nature of proposed use? Amend Comprehensive Plan to allow development of a residential building. 22. 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 23. 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 24. 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 25. What would be the anticipated duration of the presentation in front of the: x Planning, Zoning and Appeals Board 15 min and/or x City Commission 15 min 26. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre 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�i�%(4 Address 333 Avenue of the Amercias Name Iris Escarra Miami, Florida 33131 Telephone 305-579-0737 E-mail escarrai angtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 17 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 (did not) take an oath. (Stamp) S • time itu-trtcuf 1. MARISOL RODRIGUEZ Notary Public - State of Florida My Comm. Expires Sep 27, 2014 ;oc- ;°:�'" Commission # EE 30092 Itcv. 07-2013 COMPREHENSIVE PLAN 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 Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this / i day of 20 ((( , by Iris Escarra, Esquire who 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 MARISOL RODRIGUEZ • s Notary Public - State of Florida %vc My Comm. Expires Sep 27, 2014 Commission # EE 30092 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) Miami Town Center Holdings, LLC Percentage of Ownership --rill L ��� ) �j /20') Subject Property Address(es) 2110, Z1,18 and 2134 N. Miami Ayenue, 2101, 2129 and 2135 N.W. Miami Court Se 9 C -�%%L e � ' li �Jt "A`' 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 or Attorney Name Owner(s) y STATE OF FLORIDA -- COUNTY OF MIAMI-DADE x Own4(_s),o,r ttorne nature The foregoing was acknowledged before me this 13y-.-+ • day of 20 by u (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 k D L it 5 -o O of ti''`1)° - I as identification and who did (did not) take an oath,` (Stamp) Signature SANDRA MARTIN MY COMMISSION 0 EE 883009 EXPIRES: July 12, 2017 �l47F®p FLpP'4. Bonded Thru Budget Notary Services EXHIBIT "A" LEGAL DESCRIPTION: LOT 8, THE NORTH 20 'FEET OF LOT 9, THE SOUTH 40 FEET OF LOT 9, LOT 12 AND LOT 13, ALL IN BLOCK , 10, OF WADDELL'S ADDIPON TO THE RECORDS OF OF MIAMI-DADEAC COUNTT, TO THE PLATAT TOR; THEREOF, RECORDED IN PLAT BOOK B, PAGE 53, OFTHE PUBLIC LOT 7, THE WEST HALF OF LOT 10, THE EAST 62.50 FEET OF LOT 10, LOT 11, LOT 14 AND LOT 15, ALL IN BLOCK 10, OF E.A. WADDELL'S RESUBDIVISION OF JOHNSON & WADDELL'S ADDI170N TO THE CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF, RECORDED IN PL4T BOOK 6, PAGE 68, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 4 g Nov Pour, iNt•NN *Nan 4MR "Av. mn,emmnr v„ I IO 20 ON FED) I INCH 2 Fr (.B.s LDG. us N.W. 22nd STREET 125-OS10 OaJPII (Ad /s. LOT 7, BLOOC 10 Zee wAlws AreNaND VE72Z7=0 007 B, &OCH 10 (P.O. B, P0. 5J) AME4NM cmC/ SWAN JDIIN TO ME CITY OF MIAMIADDITION LOT 11, BLOCW 10 (P.R.. 6, PG. 68) PROPOSED 25'RADIUS CHAPTER UMW54, OFtB0 Dr LOT I5, BLOCK 10 SEC. 54-5H(a) (P.B, 5, PC 68) N.W. 21 s t STREETO00),0 (M) -kb_-MEET (M�f—__:flOfl7B (M a WEST(M) ot ]08.8JTM) E t0 M£ TOWN OF LOTBLOCK 0) (P.B,. B, ID PC. 5)) L T S BLOLN' IO' PROPOSED 25' RADIUS: • . • (P,B & PC 5J) CITY f±FMIAMI ORDINANCE .CHAR7ER•8A 0655)1 IL ,"� _ se• 54 5Br • rv4E�.^ u � Wa.,�..,,,,� r�,w�A�®®e^C--r• •„ryA 4"fl ": �C fb A/ A P6 kij 7,141,4', �J) W7716 75 ADDITION MI // / /� //j GNE S10RY ¢A& / / TO LOT Z Blom OF MIAMI // �. / TOIMFPCIAL BLD6 1265�/J..mo! (P.B. B. PG 5J) .... ..., •i utll�m V' 6R,Ak02 N.W. 20th ST.— ------ -- -- SOUR LINE OF SECDON 25, TOMNSHIP 53 SOWN, RANGE 41 EAST ELEVATIONS SHORN HEREON REFER TO NATIONAL GEOOERC VERTICAL DATUM OF 1929 (N.G.V.O.)I 7/ BRASS PPE SURVEYORS NOTES 7) BEAM. SHOWN HEREON' MFFER TO AN AS5IME0 .DING Or NL0T'LtONG THE CENTERLINE OFe1 NW 21 2) LEGAL DOMED. ROAN fEREON 164S PORED BY CUM ACRES) POW. JZ9,06 SLOT (0.75 J) TI2 ARFA OFPROPERTY AS SHOO HEREON � P,ATERA 2A. SOFT.. (O61 ACRES) AI UNLESS OH£RWS7 NOTED, DO RMUI HAS MO ATTEMPTED 59 )04470 3O0OMOS AND% R FL%MORONS 5) PE SURVEY WAS PREMED FOR TEE UCLUS)F USE O THE LNN165 ICED IPAEON THE ARACHEO CYDER.. LOS NOT LEND ID ANY UWNMTE0 PARRS 6) PROPERTY DOMN HEREON FALLS MIEN (FDEPAL (1000 IOW X. PER ROOD DOM. RATE IMP OM4M17r P,WO L5.120630 OTT t O MAP DATED 09-11-09. WITH A4 WOO DATE OF OD -I f-6S RAP 7) OI20R)C o716 L) DLE ENCAMPS MITES OF ITES ARE SHOO ECM', IMIWKR, NO AMOK HO TON IMOF TO LOCATE LATTER. MO 1M45 OR RIME PYTOE75,0500OMANIS MSMNCES ALGNO WMIG ' OF SUBJECT PROPERTY ARE RLCTMD ANO �. UNLESS ORRRII6F e) SHED. AM REDS OF WAY ORMIED AS EACEPD6N W RILE 5 9) 5.05 HFREGN ANa50MBEE Fh 'S AT ONMIIMfNT, TILL 50. I522409. DRIED HI CHIUOD ME INSURANCE LOMPANI; M1ID AI.UDST 16, 101J Ia4 PAL 10) WOO HEWN REFER To NAM. OEDOM WOOL DARIN 6 109 IN...) ADO COW, II) NA RNRHEP IN CO7CRETEE�CURD STAMPED 14.602 CIITY 8471MN-026 ELEV..RR OF . 11..MT' (M.060) SE COWER OF RE 156050CTAM' aF NN OM STREETk N.N. Owe COOT Ple AWL Nµ111011 M TOP OF COOP. CURD STAMPED 14.576 CRY DARN -o.20, ELEVATION . M.JI6' (NAM/7 12) SOME OE THE LW4NA0E STRUCTURES LOVED ATM' ME PROJECT DIE SHOWN HEREON ARE HAL OF M. AND DEBRA A40, E APPUGI0LE WERE NOT ACCESSIBLE TO OBTNN MART M7ORMAIMN. !I) THERE ARE NO MOLE ENCROAOMEMS, OMEN RAN THOSE SNOW IEROAY. u NOTES REGARDING SCHEDULE 9-SECTION 2: ME NWWNFN Na 4562406 ISSUED SY CO. RRf W9NANCE CONPA % DATED AUGUST TA 200 AT moo P.Mcm a SNOW ON . IRAs 7. 5FECir PROPERTY 9070.6r a0RAME CERTIFY TO A06 .N GETTER HC4DMCS LCD 1GREENBERG MAARIC PA N.W. 20th ST.1 - INSURANE 7N07� A DELAO W LLD IM9MY COMPANY WADD(LL'S ADDITION ro THE (P.& a PE I5L)53) JoHNSO k WADDELL'S ADDITION TO THE Orr CM MIAMI (P.B. 6, Pc 68) WADOELLS ADDITION TO ME TOWN O MIAMI (P.B. B, PC SJ) JOHNSON k WADDELL'S ADDITION TO ME CITY OF 911AM 07.66, PC 68) SUBJECT PROPER DIO(INSCW's RESU80IM90Y O A PORDON OF DIE AMENDED PUT DE SHAMS RE60N AND A PORTION OF Sr45)'6TAHL'S nosr SLDOMS65 Fr AMENDED PLAT OF OEN &HAWS RESIMMISION LANIIN BM {L7` wrirl- mg BAY MEW ADDITION CAI TO MIAMI 7V I OCAIION MAP A P0RR0N OE SECTION 25-53-41, MIAMI-OADE COUNTY, FLORIDA. SCALE I" 300' IBIL✓EM WARREN AND RAMSE=- (P.& 19, PG 55) FLEMING k PEARSON SUBDIM90N. (P.R.. ], PG 145) (P.& B. PG 107) wADOEIL'S ACDIRON TO ME TOWN OE MIAMI (P.B. B, IIO 53) MEND f0 10 COMMON NAME WORMS TONBIE WOMAN'S TONOIE WOMANS TONGUE ROYALPORAOMNA WOMAFS TONGUE WOMAN''7ON41E W091ANSTONDUS WOMAN'S TONGUE ROSEWOOD MORE TONDI0 ROYALPOINOMN.A WOMANSTON5I0 WOMAN'S TONDIE SPECIES "NW MIe741e442 14701e4)144107 WON OWIRDIE ' elan&IeWr NORM M6Weck' a.M1.IeeeePA' waive Ida mer 'AWNSMIOeck' 'DMn.91e eve.' '4194e6e00e0R• 04uex ROE WOIM 150445A- "AMNIeM66ar DIAL t 24(or UWM &(m4M 20 28,460 T4 10 10 40.0,1 L.T. 66 30 26 25 J6 WY. s TO TO Po ao 70 20 40 .ia7 we 5) LEGAL DESCRIPTION: ID OF W0ADOEI�L'S ADDITION TFEET O THE TO OFFT TAW, TM EMI IO FELT or ACCOVRWG TooT5 La THE PIA la AND Tor 13. ALL 0(6550EDIIN PLAT 8000 & PAGE 55, CF TE PUBLIC RECORDS Of OAO-TIDE NUNIY FLORIN, A40 LOT 7. THE NEST HALF OF 60T I0, THE UST 62.50 R£T OF LOT 1a LOT I, LOT f4 AND for IA ALL BLOCH 10. OF EA WAOOYL5 REsue9M90N OE JOHNSONN k RADOEU.S ADORTON r0 ME CRY O AAAMN. ACCORDING TO f55E PLAT METEOR RECORDED IN PUT BOOM 6, PACE EA OF ME PUBLIC RECON.+ OF MOAN-04 0 COUNTY. R0RM0. SURVEYOR'S CERIFICATION RES 1S OFTRI' THAT MIS MAP OR PUT AND ME SURVEY ON WHICH IT 5 BASED WEN£ WOE IN ACCORDANCE WITH Mr 2011 MINIMUM STAND R° DETAIL REDOREMFMS FOR ALTn/ACSL1 LINO TITLE 17(o J lI OF 70055 AHTH ADOPTEDHEREOF. THE BY E WAS A AND NCOMPLETED ON AUGUST Jo PS, AND INCLunE5 anis I4, 5, & OF 2M3 .4ME 0 RECENTLYSURVEYEDAND � 40 SEAOPFI SON � DIRECTION. REST OF SS BEEFWLEDGEMOUES WEI THE MY6l1UM TECHNICAL STANDARDS ADOPTED DY IND !LOM A STATE BOARD OF SURVEYORS AND' MAPPERS PURSUANT TO CHEER SN-17, FLORIN ADMINISTRATIVE C008 AND CHARIER 472,027, PLOMW STATUTES. /n� ///rrr t2%7WEU lxs OE5.SOCLCLt(6, JYAC. Wyk Stew Johovre ecy k Treas. PTofessianol Land Surveyor P775 Moto of Flondo. 0 ' 5 i 77 (a. Al-006A R F P1 d its o` ; City of Miami Public School Concurrency !! tt'' Concurrency Management System Entered RequillriE I FIVrf) 'THEN Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * Miami Town Center Holdings, LLC Application Phone * 646-245-4867 Application Email * albert@rosebudventures.com Application Address * 2110 N. Miami Avenue Contact Fields Information Contact Name * Iris Escarra, Esq. Contact Phone * 305-579-0737 Contact Email * escarrai@gtlaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email ggay@miamigov.com Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3125-048-0320 Additional Folio Number 0310,0300 and 01-3125-054-0370, 0380 and 0350 Total Acreage * 1.39 Proposed Land Use/Zoning * General Commercial Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 208 Total # of Units * 208 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local govemment 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 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 * J / , n _ Iris Escarra, Esquire Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 13 2014 by Iris Escarra /At orney/Applicant Signature day of who is a(n) individual/partner/agent/corporation of a(n) individual/par ners rp/corporation. He/She is personally known to T e or who has produced as identification and who did (did not) take an oath. (Stamp) 7,,Z; tet1" , 051V 14e;,., MARISOL ROD' G''1�' r • U" ... Notary Public State of Florida MyComm Expires Sep27, 2014, P ::;:',:': v Commission # FE 30092 AN9: 11111111NIp 11111111113111113111111111 • This Instrument Prepared By. Edward E. Levinson, Esq. 407 Lincoln Road, PH -SE Miami Beach, FI 33139 Return to: Alan B. Fishman, Esq. 300 Arthur Godfrey Road B Suite 204 Miami Beach, FL 33140-3627 ©3tooao FOLIO NOS. 01-3125-048-0300; WO; and 01-3125-054-0350; 0360 and 0370 Cat l 2003RO9399O5 OR 814 21920 Pas 1289 -' 1290; (2pa0 RECORDED 12/19/2003 14:04:45 DEED DOC TAX 10.500.00 SURTAX 70375.00 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA WARRANTY DEED THIS INDENTURE, made this 13- day of December, 2003, between GOOFE PARTNERS, INC., a Florida corporation hereinafter called the Grantor`), to CHROME MIAMI, LLC, a Florida limited liability company, whose post office address is 5046 Biscayne Blvd., Miami, Florida 33137 (hereinafter called the Grantee'). WITNESSETH, that the Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: SEE EXHIBIT ^A" ATTACHED HERETO AND MADE A PART HEREOF SUBJECT TO: Taxes for the year 2004 and subsequent years; and reservations, covenants and conditions of record, dedications, restrictions, limitations, easements, rights of way of record, applicable zoning regulations and ordinances imposed by governmental authority and restrictions and matters appearing on the Plat or otherwise common to the subdivision, without intent of reimposing same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simply 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 set 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 whomsoever; and that said land is free of all encumbrances. "Grantor' and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delive inourpres C iSM4 rn.. } GOO INC., a Floda Print Name rzpukf t3 to . L JSutii corpo Print Name /1t-".":13 H Mrn�1 By: MARK FES A, President CORPORATE'S • 1916 Bay Road. Miami Beach, Florida 3313 STATE OF FLORIDA ) sz . COUNTY OF MIAMI-DARE ) n?,r un „. The foregoing instrument was acknowledged before me this j ( day of December, 2003; by'• MARK FESTA, President of GOOFE PARTNERS, INC., a Florida corporation, on behalf of the corporation,: who is ( ) personally known to me or (14 who produced a Florida driver's license as identification. NOTARY PUBLIC, STATE OF FLORIDA Commission Expires: [NOTARIAL SEAL] gendocslwdnanty‘goofe.0 11 jM ry's Alan 6 Fishman ** My Commission CC941881 n„•,,•'? Expires J+dy 26, 2004 Book21920/Page1289 Page 1 of 2 OR • 21920 F"G 1290 LASTy, PAGE • EXHIBIT "A" Legal Description,. Lot 8, the North 20 feet of Lot 9, the South 40 feet of Lot 9, Lot 12 and Lot 13, all in Block 10, of WADDELL'S ADDITION TO THE TOWN OF MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 68, of the Public Records of Dade County, Florida; and Lot 7, the West half of Lot 10, the East 62.5 feet of Lot 10.; Lot 11; Lot 14 and Lot 15, all in Block 10, of E,A. WADDELL'S RESUBDIVISION OF JOHNS0N AND WADDELL'S ADDITION TO THE CITY OF MIAMI; according to the Plat thereof, recorded in Plat Book 6', Page 68, of the Public Records of Dade County, Florida. Tax Polio #01-3125-048-0300; 0310; 0320 and 01-3125-054-0350; 03§0 AND 0370 Book21920/Page 1290 Page 2 of 2 CITY OFMIAMI 1' 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: HOME ADDRESS: CITY: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE: Florida ZIP: HOME PHONE: CELL PHONE: FAX: EMAIL: BUSSINESS or APPLICANT or ENTITY NAME BUSINESS ADDRESS: Miami Town Center Holdings, LLC 18 1012/J. /hv� lb wa1 144 ZaA)4447.4 —I n 1) ,eL 333o (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 and land use for properties located at 2110, 2118 and 2134 N. Miami Avenue, 2101, 2129 and 2135 N.W. Miami Court 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 & 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 err. PERSON SUBMITTING DISCLOSURE: x signature Print Name Sworn to and subscribed before me this day of ,il.b (� � j . 200 The foregoing instrument was acknowledged before inc by , who has produced k•-. iJ SZ `1.00 to a . R. I a as identification and/or is personally rovn)to me and who did•did not take an oath. STATE OF FLORIDA CITY OF MIAMI MY COMMISSION 26\:RY:��c SANDRA MARTIN EXPIRES: k21 j1 �* _�£ MY COMMISSION N EE 883009 FXPIRFS• July 12.2017 c7 Bonded Thru budget Notary Services Enclosure(s) qTE or g.0 Notary . Print Name Doc. No.:86543 Page 2