HomeMy WebLinkAboutPZAB 05-21-14 Supporting DocsPZAB.4
File ID:
Title:
Location:
Applicant(s):
Purpose:
Planning and Zoning
Department
Recommendation:
Analysis:
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
04-00329zc Quasi -Judicial
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF
THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE
ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING
THE ZONING CLASSIFICATION FROM "D1" TO "T6-8-O", FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 2110, 2118 & 2134 NORTH
MIAMI AVENUE AND 2101, 2129 & 2135 NORTHWEST MIAMI COURT,
MIAMI, FLORIDA; MAKING FINDINGS; 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 "D-1" to "T6-8-O". Item does not
include a covenant.
Recommended denial.
See supporting documentation.
Planning, Zoning and
Appeals Board: Continued on March 5, 2014 and April 30, 2014.
City of Miami
Planning and Zoning Department
Division of Land Development
File ID#:04-00329zc
ANALYSIS FOR
ZONING CHANGE
Request:Change the zoning classification of the properties described herein
Location: 2110,2118 and 2134 N. Miami Avenue, and 2101,2129, and 2135 N.W Miami
Court.
Net District: Wynwood / Edgewater
Folio #: 01-3125-048-0320, 01-3125-048-0310, 01-3125-048-0300, 01-3125-054-
0370, 01-3125-054-0360 and 01-3125-054-0350. For detailed legal description see
exhibit "A"
Total square footage: 62,781 s.f = 1.441± acre
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:
❑ Yes ® No
Current Future Land Use category: Light Industrial
Required Future Land Use category: High Density - Multifamily Residential
URBAN DESIGN FINDINGS AND COMMENTS:
1. The proposed rezoning of the subject properties, as a whole, complies pursuant to
Miami 21 Code with the technical requirements for such request in regards to
successional zoning, and total square footage area.
2.- The requested rezoning, if granted, would create a spot zoning allowing 150
DU/acre.
3.- In 2004, with Zoning Ordinance 11000 in place, it was requested and granted a
land use and zoning changes for the subject properties, as follow:.
Page 1 of 2
City of Miami
Planning and Zoning Department
Division of Land Development
File ID#:04-00329zc
File ID#: 04-00329
Date: 6/24/2004
Resolution: 12555
Land Use Change: from "Industrial" to "General Commercial".
File ID#: 04-00329a
Date: 6/24/2004
Resolution: 12556
Zoning Change: from I "Industrial" to C-2 "Liberal Commercial".
4.- Back in 2004, when said changes were granted, the "Industrial" zoning
classification under Zoning Ordinance 11000 did not allowed a residential
component; therefore, the request change to C-2 zoning permited residential use by
Special Exception process, with the intent of further incentivizing the area.
5.- With the implementation of the Miami 21 Code, and the creation of the
Wyndwood Cafe District, the area has been changing dramaticaly; becoming in one
of the most visited and vibrant areas in the city.
6.- The current zoning classification for the subject properties is D1 "Work Place -
District Zone" which allows 36 DU/acre, by providing a residential component within
an urban environment woold further enhance the current Wyndwood Cafe District.
Based on the above findings, the Planning and Zoning Department recommends Denial.
SG
2/25/2014
Page 2 of 2
Analysis for ZONING CHANGE
File ID: 04-0329zc
a) The proposed change conforms with the adopted Miami Comprehensive
Neighborhood Plan and does not require a plan amendment.
b) The proposed change is in harmony with the established land use pattern.
c) The proposed change is related to adjacent and nearby districts.
d) The change suggested is not out of scale with the needs of the neighborhood
or the city.
e) The proposed change maintains the same or similar population density
pattern and thereby does not increase or overtax the load on public facilities
such as schools, utilities, streets, etc.
f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
g) Changed or changing conditions make the passage of the proposed change
necessary.
h) The proposed change positively influences living conditions in the
neighborhood.
i) The proposed change has the same or similar impact on traffic and does not
affect public safety to a greater extent than the existing classification.
j) The proposed change has the same or similar impact on drainage as the
existing classification.
k) The proposed change has the same or similar impact on light and air to
adjacent areas as the existing classification.
I) The proposed change has the same or similar impact on property values in the
adjacent area as the existing classification.
m) The proposed change will contribute to the improvement or development of
adjacent property in accord with existing regulations.
n) The proposed change conveys the same treatment to the individual owner as
to owners within the same classification and the immediate area and furthers the
protection of the public welfare.
o) There are substantial reasons why the use of the property is unfairly limited
under existing zoning.
p) It is difficult to find other adequate sites in the surrounding area for the
proposed use in districts already permitting such use.
0
150
300
MIAMI 21 MAP (EXISTING)
600 Feet
ADDRESS: 2110, 2118 & 2134 N MIAMI AV
2101, 2129 & 2135 NW MIAMI CT
0
150
300
MIAMI 21 MAP (PROPOSED)
600 Feet
NE 24TH ST NE 24T
ADDRESS: 2110, 2118 & 2134 N MIAMI AV
2101, 2129 & 2135 NW MIAMI CT
amNE 24TH ST
NW 22ND ST1
NE22ND ST
NW-21ST ST
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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 at 2110, 2118, and 2134 North Miami Avenue, and, 2135 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 ("Dl"). 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 D1 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 Dl to T6-8-0 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 1 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 of Miami
Page 1 of 2 Printed On: 11/13/2006
File Number: 04-00329 Enacmient 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 Miami
Page 2 of 2 Printed 0n: 11/13/2006
City of Miami
Master Report
Enactment Number: 12555
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00329
File Type: Ordinance
Version: 1 Reference:
Status: Passed
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:
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
LOCA 1'ED 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 EFH CTIVE 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 Cornnussion
City Commission
Office of the Mayor
Office of the City
Attorney
5/27/2004 PASSED ON FIRST
READING
6/24/2004 ADOPTED
7/7/2004 Signed by the Mayor
10/20/2004 Reviewed and
Approved
Pass
Pass
City oflLfiarni 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
load
(J,
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
on public facilities such as schools, utilities, streets, etc.;
is necessary due to changed or changing conditions;
(f)
City of Miami
Page 1 of 2 Printed On: 11/13/2006
File Number 04-00329a Enactment Number: 12556
(g) will not adversely influence living conditions in the neighborhood;
(h) will not create or excessively increase traffic congestion or otherwise affect public
safety;
(I) will not create a drainage problem;
(i) will not seriously reduce light and air to adjacent area;
(k) will not adversely affect property value in the adjacent area;
(I) will not be a deterrent to the improvement or development of adjacent property in
accord with existing regulations; and
(m) 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 N Mia Ct & 2110, 18, 34 N Mia 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 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.
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,04-0032.9 & 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 Commission 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 Infill Area lying
generally east of the Palmetto Expressway and including all of the City of Miami.
Within this area, the concentration and intensification of development around
centers of activity shall be emphasized with the goals of enhancing the livability
of residential neighborhoods and the viability of commercial areas. Priority will
be given to infill development on vacant parcels, adaptive reuse of
underutilized land and structures, the redevelopment of substandard sites,
downtown revitalization and the development of projects that promote public
transportation. Maintenance of transportation levels of service within this
designated Urban Infill Transportation Concurrency Exception Area shall be in
accordance with the adopted Transportation Corridors level of service
standards and the City of Miami Person Trip Methodology as set forth in Policies
TR-1.1 .2 and 1.1.3 of the Transportation Element of the MCNP.
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
REZONING APPLICATION
RECE,
PLANNING OEPARTMEN-:
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS EJ 191 P 5: 42
444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearing 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%x11 ") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE
STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Rcv. 07-2013
REZONING APPLICATION
Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information.
1. Applicant(s): Iris Escarra, Esquire on behalf of 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,
01-3125-048-0300, 01-3125-054-0370, 01-3125-054-0360 and 01-3125-054-0350.
3. Present zoning designation(s): D1
4. Proposed zoning designation(s): T6- 8 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 "Exhibit A", to match with the current survey's legal description.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15. Original Public School Concurrency Management System Entered Requirements form.
16. The subject property(ies) cannot have any open code enforcement/lien violations.
Ruv. 07-2013 3
REZONING APPLICATION
17. What is the acreage of the project/property site? Approx. 1.387 acres
18. What is the purpose of this application/nature of proposed use? Rezoning properties for
residential use.
19. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning and Zoning Department on the 3rd Floor for information. no
20. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3rd Floor for information. no
21. What would be the anticipated duration of the presentation in front of the:
X Planning, Zoning and Appeals Board 15 mins and/or X City Commission 15 mins
22. Cost of processing according to Section 62-22 of the Miami City Code*:
Change of zoning classification to:
a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI:
Per square foot of net lot area $ .50
Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00
b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD:
$ .70
$ 5,000.00
Per square foot of net lot area
Minimum
c. Advertising
d. School Concurrency Processing (if applicable)
e. Mail notice fee per notice
$ 1,500.00
$ 150.00
$ 4.50
f. Meeting ckage mailing fee per package $ 6.00
*Fees over $2 , D 01 be p id in the form of a certified check, cashier's check, or money order.
Signature G `� Address 333 Avenue of the Amercias
Name
Telephone 305-579-0737 E-mail escarraigtlaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE �J
The foregoing was acknowledged before me this l 7 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.
Iris Escarra
(Stamp)
Rev. 07-2013
Miami, Florida 33131
Signat r-
,,^`PFV PUB ,,,
MAF I' ft ROLRIGUEZ
Notary P'uC'U State of Florida
My Cumin L ,-n•:5 Sep 27. 2014
�• H i 3J092 4
REZONING APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Iris Escarra, Esquire
, who being by me first deposes and says:
1. That he/she is the owner or the legal representative of the owner, submitting the public hearing
application as required by the Code of the City of Miami, Florida, affecting the real property located
in the City of Miami, as listed on the foregoing pages.
2. That all owners who he/she represents, if any, have given his/her full and complete permission for
him/her to act in his/her behalf for the change or modification of a classification or regulation of
zoning as set out in the foregoing petition, X including or ❑ not including responses to day to day
staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names,
mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is
the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant sayeth not.
Iris Escarra, Esquire
Applicant(s) Name
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. She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp) Signature
MARISOL RODRIGUEZ
Notary Public - State of Florida
My Comm. Expires Sep 27, 2014
;� Commission # EE 30092
Rcv. 07-2013
6
Owner s or Attorn /Signature
i
day of jAU A
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)
Percentage of Ownership
Subject Property Address(es) 2110, 2118 and 2134 N. Miami Avenue, 2101, 2129 and 2135 N.W.
Miami Court Se' l( 1AdLQ-4 Q_A(. I ` ` - 011
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.
Miami Town Center Holdings, LLC
Street Address(es): Legal Description(s):
None
La
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this
20 k , by 142.ra L A
who is a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is personally known to me or who s produced �C .
is L L 5 tar- c 0 as identification and who did (did not) take an oath. ` ��
(Stamp) Signature
SANDRA MARTIN
* MY COMMISSION # EE 883009
EXPIRES: July 12, 2017
rFOF Fl�\Oe Bonded Thru Budget Notary Services
6
EXHIBIT "A"
LEGAL DESCRIPTION:
LOT 8, THE NORTH 2Q ;FEET OF LOT 9, THE SOUTH 40 FEET OF LOT 9, LOT 12 AND LOT 13, ALL IN BLOCK
10, OF WADDELL'S
ADDITION
THE PUBLIC RECORDS OF MIAMI-DDE COUNTY, FLORIDA; ANDRDING TO 77-IE PLAT
RECORDED IN PLAT
BOOK B, PAGE 53,
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 ADDITION TO THE CITY OF MIAMI,
ACCORDING
TO COUNTY, FLORTHEREOF,IDAT . RECORDED IN PL4T BOOK 6, PAGE 68, OF THE PUBLIC RECORDS OF
MIAMI-DADE
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EIEVARONS SNONN HEREON REFER TO NATIONAL GEODETIC VERTICAL vanat OF I929 (NGV.O.)
LEGAL DESCRIPRON:
LOT 4 THE NORM 20 FEET OF LOT 9, IKE 5'WBI 4n FEET OF LOT 9, LOT 12 AND tar 1J. ALL IN BLOCK10, .
�OFPLCPM OMM
RECORDED PAT
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LOT J. PE REST FAD OF L01 10 THE EAST 6250 MR OF LOT 10 WE 1 LOT 14 4140 LOT 15, ALL IN
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SURVEYOR'S CERTIFICATION:
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ACCORDANCE DM PE MI WARN STANDARD DETAIL REQUIREMENTS FOR ALY4/ACSL( RNA TITLE
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i
This instrument Prtpared By:
Edward E. Levinson, Esq.
407 Lincoln Road, PH -SE
Miami Beach, FI 33139
Return to:
Alan 8. Fishman, Esq,
300 Arthur Godfrey Road B Suite 204
Miami Beach, FL 33140-3627
o3io 032.0
FOLIO NOS. 01-3125-048-0300; 2M', 4C110 and 01-3125-054-0350;
0360 and 0370
CFN 201 3R0939905
OR 8k 21920 Pas 1289 - 1290( (2cas}
RECORDED 12/19/2003 14:04:45
DEED DOC TAX 107500.00
SURTAX 77875.00
HARVEY RUVIHr CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
WARRANTY DEED
THIS INDENTURE, made this (� 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').
WtTNESSETH, 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, Tying 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 try 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 sell and convey said land; that the Grantor
hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons
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 derive
in
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Print Name t &.L F 9 1 SW'
Print Name /L 73 f
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE
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The foregoing instrument was acknowledged before me this / ( day of Decernber; 2003; by:.
MARK FESTA, President of GOOFE PARTNERS, INC., a Florida corporation, on behalf of the corporation,:.
who is ( ) personally known to me or who produced a Florida driver's license as identification.
By:
MARK FES
CORPORATE:Syy_
1916 Bay Road.
Miami Beach, Florida 33139
NOTARY PUBLIC, STATE OF FLORIDA
Commission Expires: [NOTARIAL SEAL]
gendocs\warranty\9oofe.0 11
Alan B Fishman
* {' * My Commission CC941881
„,,`iif�+ Expires July 26. 2004
Book21920/Pagel289
Page 1 of 2
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EXHIBIT "A"
Legal Description,.
OR i. 21920 F' G 1290
LASTPAGE
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 J0HNSON 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 Folio #01-3125-048-0300; 0310; 0320 and 01-3125-054-0350; 03§0AND 0370
Book21920/Page1290
Page 2 of 2
If
CITY OFMIAMI
•)', DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
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
(�0218 QVB✓ ,ithva1 `7i`� W'1
✓� Lw ' 24Jk-ij')iL 33308
(Address Line 2)
i. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
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?
13 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.
a. n/a
b.
c.
Name
Address Phone#
* 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
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 expiraion of a period of one year after the
nullification of the application or
(9
PERSON SUBMITTING DISCLOSURE:
er.
Signature
Print Name
X
Sworn to and subscribed before me this i day of 300 . The foregoing
instrument was acknowledged before me by t'q-4a , who has produced
'':`, L L S2 `lot) t - 4 as identification and''or is personally kiiown,7g me and who diddid not take an oath.
STATE OF FLORIDA
CITY OF MIAMI
MY COMMISSION
EXPIRES: 10Y*
qT�c
Enclosure(s)
SANDRA MARTIN
* MY COMMISSION k EE 883N9
FXPIRES:.kiIy 12.2017
Bonded Thru Budget Notary Services
Notary
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Print Name
Doc. No.:86543
Page;