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Home My WebLink AboutPZAB 04-02-14 Supporting DocsPZAB.9 File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 13-01259zc 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 "T3-L" TO "T4-L", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 7100 & 7120 BISCAYNE BOULEVARD AND 565 NORTHEAST 71ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 7100 & 7120 Biscayne Boulevard and 565 NE 71st Street [Commissioner Keon Hardemon - District 5] Gilberto Pastoriza, Esquire, on behalf of 7100 Biscayne, LLC, 7120 Biscayne, LLC and 7126 Biscayne, LLC 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables, FL 33134 (305) 854-0800 This will change the above properties from "T3-L" to "T4-L". Item includes a covenant. Approval. See supporting documentation. Planning, Zoning and Appeals Board: Continued on March 5, 2014. City of Miami Planning and Zoning Department Division of Land Development File ID#:13-01259zc ANALYSIS FOR ZONING CHANGE Request:Change the zoning classification of the property described herein Location: Approximately 7100 and 7120 Biscayne Blvd, and 565 NE 71 Street. Net District: Upper East Side NET Folio #: 01-3207-040-2710, 01-3207-040-2701, and 01-3207-040-2690. For detailed legal description see exhibit "A" Total square footage: 10,650 sq.ft = 0.244 ± acre ZONING DESIGNATION. # Folio # Current Zoning Designation Proposed Zoning Designation 1 01-3207-040-2710 T5-O (Urban Center Transect Zone -Open) T5-O (Urban Center Transect Zone -Open) 2 01-3207-040-2701 T5-O (Urban Center Transect Zone -Open) T5-0 (Urban Center Transect Zone -Open) T3-L (Sub -Urban Transect Zone - Limited) T4-L (General Urban Transect Zone - Limited) 3 01-3207-040-2690 T3-L (Sub -Urban Transect Zone - Limited) T4-L (General Urban Transect Zone - Limited) LAND USE CLASSIFICATION: Is the proposed zoning designation compatible with the MCNP-FLUM: ❑ Yes Z No URBAN DESIGN FINDINGS AND COMMENTS: 1. The proposed rezoning of the subject properties complies with the technical requirements of Miami 21 Code in regard to successional zoning, and frontage length on one street. 2.- The applicant intent is to rezone in order to legalize a current surface parking lot and continue to operate it serving the lots to the east, in the same matter it has been operating for the past several years, through a covenant. 3.- The above mentioned covenant also proposes to limit the rezoned property to all uses permitted under T3 and only surface parking under the T4-L. Page 1 of 2 City of Miami Planning and Zoning Department Division of Land Development File ID#:13-01259zc 4.- The proposed zoning classification will be consistent with the current surface parking use. Based on the above findings, the Planning and Zoning Department recommends Approval of the application as presented. SG 3/21/2014 Page 2 of 2 Yes No N/A. Analysis for ZONING CHANGE File ID: 13-01259zc a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. b) The proposed change is in harmony with the established land use pattern. c) The proposed change is related to adjacent and nearby districts. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the Toad on public facilities such as schools, utilities, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on Tight 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 I ADDRESS: 7100, 7120 & 7126 BISCAYNE BLVD 565 NE 71 ST M IAM 121 MAP (PROPOSED) L w a in w z NE 73RD ST NE 68TH S 0 150 300 600 Feet I 1 I i I 1 E72NDTER T5-O; —iraifial ri-4-1, NE 72ND .TER I - CD z I T3f R NE 72ND ST NE 72ND ST } E T3-L NE 71ST ST Bayside NE 70TH ST NE 69TH ST ADDRESS: 7100, 7120 & 7126 BISCAYNE BLVD 565 NE 71 ST 0 150 300 600 Feet -*Source:_Es`� Egi al@lobe, GeoE} o �o: S ij 9 ' G' g, A a grido IK�C� ., topc9 o nthK� aity s 7 ADDRESS: 7100, 7120 & 7126 BISCAYNE BLVD 565 NE 71 ST MITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT LILLIAN M. ARANGO GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN K. FERTEL CHAD S. FRIEDMAN ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ ROGER S. KOBERT JOSHUA D. KRUT MATTHEW H. MANDEL JOHN J. QUICK ANTHONY L. hECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN MARC SOLOMON LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY !NCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSIMILE 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FACSIMILE 9E4.764-777d VIA ELECTRONIC MAIL & U.S. MAIL Mr. Francisco Garcia Director Department of Planning & Zoning City of Miami 444 SW 2' Avenue, 3th Floor Miami, FL 33130 *OF COUNSEL March 17, 2014 SONJA C. DARBY BROOKE P. DOLARA RAQUEL ELEJABARRIETA* DANIEL A. ESPINO ERIC P. HOCKMAN KELLY RAINS JESSON KAREN LIEBERMAN* JUSTIN D. LUGER JOHANNA M. LUNDGREN MIA R. MARTIN ALEIDA MARTfNEZ MOLINA* KATHRYN M. MEHAFFEY ROBERT A. MEYERS* MATTHEW PEARL MARL C. PUGLIESE* CARLOS M. RODRIGUE2* GAIL D. SEROTA* ALISON F. SMITH* ANTHONY C. SOROKA EDUARDO M. SOTO PABLO A. TAMAYO JOANNA G. THOMSON PETER D. WALDMAN'. ALICIA H. WELCH SAMUEL 1. ZESKIND Re: Applications 13-012591u and 13-01259zc; 7100 Biscayne Blvd. LLC (tire "Applications" Dear Mr. Garcia: Our firm represents the owner of the properties listed on the Applications. The purpose of this letter is to withdraw one of the properties from the Applications, to -wit 7126 Biscayne Blvd., Miami, Florida. The legal description and folio number is attached to this letter as Exhibit "A". We have also enclosed a copy of the revised Declaration of Restrictive Covenant in Lieu of Unity of Title deleting the 7126 Biscayne Blvd. property. The balance of the Applications remains the same and we look forward to your favorable recommendations for the April 2, 2014 hearing. Mr. Francisco Garcia March 17, 2014 Page 2 Thank you for your cooperation in this matter. Should you have any questions, please do not hesitate to contact me. Ver." o s Gilberto Pastoriza GP/m.s Attachments 2688001 cc: Todd Leoni Anel Rodriguez, via email Edelberto Perez, via email Harold Ruck, via email WEISS SEROTA HELFMAN PASTOl IZA COLE & BONISKE, P.L. \,(5 tiq " Portion of Folio: 01-3207-040-2510 Address: 7126 Biscayne Blvd. Owner: 7126 Biscayne LLC. Legal Description: The South 45 feet of Lot 4, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 2,250 Square Feet, more or Tess. MITCHELL BIERMAN, P.A. NINA L. BONISKE, P-A. MITCHELL J. BURNSTEIN. P.A. JAMIE ALAN COLE. P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK. P.A. JOSEPH H. SEROTA, RA. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT LILLIAN M. ARANGO GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN K. FERTEL CHAD 5. FRIEDMAN ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ ROGER S. KOBERT JOSHUA D. KRUT MATTHEW H. MANDEL JOHN J. QUICK ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN MARC SOLOMON LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-854-0800 FACSIMILE 305-854-2323 WWW.WS H-LAW. C 0M BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 Mr. Francisco Garcia Director Department of Planning & Zoning City of Miami 444 SW 2' Avenue, 3th Floor Miami, FL 33130 *OF COUNSEL January 14, 2014 Re: Amendment to the Miami Comprehensive Neighborhood Plan (the "Plan") and a change in Transect Zone (the "Rezoning") Dear Mr. Garcia: SONJA C. DARBY BROOKE P. DOLARA RAQUEL ELEJABARRIETA* DANIEL A. ESPINO ERIC P. HOCKMAN KELLY RAINS JESSON KAREN LIEBERMAN* JUSTIN D. LUGER JOHANNA M. LUNDGREN MIA R. MARTIN ALEIDA MARTINEZ MOLINA* KATHRYN M. MEHAFFEY ROBERT A. MEYERS* MATTHEW PEARL MARC C. PUGLIESE* CARLOS M. RODRIGUEZ* GAIL D. SEROTA* ALISON F. SMITH* ANTHONY C. SOROKA EDUARDO M. SOTO PABLO A. TAMAYO JOANNA G. THOMSON PETER D. WALDMAN* ALICIA H. WELCH SAMUEL I. ZESKIND Our firm represents 7100 Biscayne LLC ("7100 Biscayne"). 7120 Biscayne LLC ("7120 Biscayne") and 7126 Biscayne LLC ("7126 Biscayne"). 7100 Biscayne is the owner of the property legally described in the attached Exhibit "A" (the "Overall 7100 Property"). 7120 Biscayne is the owner of the property legally described in Exhibit "A: (the "Overall 7120 Property"). 7126 Biscayne is the owner of the property legally described in Exhibit "A" (the Overall 7126 Property"). The Overall 7100 Property, Overall 7120 Property and the Overall 7126 Property shall be collectively referred to as the "Overall Properties". The Overall Properties lie on the west side of Biscayne Boulevard, north of 71 Street. The Overall Properties have dual land use designations and dual transect zones. The portions of the Overall Properties fronting Biscayne Boulevard are designated Restricted Commercial in the Plan and have a Transect Zone of T5-O. The rear portion of the Overall Properties are designated Duplex -Residential in the Plan and have a Transect Zone of T3-L. Mr. Francisco Garcia January 14, 2014 Page 12 The owners wish to amend the Plan and Rezone the properties. The amendment to the Plan will be from Duplex Residential to Low Density Restrictive Commercial and rezone from T3-L to T4-L. The legal description for the properties to be rezoned is attached as Exhibit "B" (the "Properties") The proposed Plan Amendment and Rezoning will allow for a more efficient and feasible use of the Overall Properties with parking and accessory functions occurring on the Properties better serving the portion of the Overall Properties fronting Biscayne Boulevard. Also, please note that the proposed request wills serve as a gradual transition from the Biscayne Boulevard T5-corridor to the residential neighborhood to the west. This transition will be totally contained within the Overall Properties. Miami 21 Section 7.1.2.8 c2 (g) analysis. The City has designated the area where the properties are to be located as the Miami Modern (MIMO) Biscayne Boulevard historic district (the "District"). The property owners in the area are trying to bring back the old classic character on the District with new construction, and/or remodeling existing structures. The T3 properties in question immediately abut the rear of the T5 properties abutting Biscayne Boulevard. The depth of these Biscayne Boulevard properties is not sufficient to effectively provide parking and/or amenities necessary to resurrect the MIMO district. The T3 properties would serve that purpose but unfortunately parking and/or the necessary amenities are not permitted, therefore, keeping the T3 transect zone thwarts the intentions of the creation of the MIMO district. Rezoning these properties to T4 will accommodate the parking and necessary amenities promoting the spirit of the MIMO district. Additionally, the gradual transition from T5 along to Boulevard properties to the T3 on the west is best accomplish by the T4 rezoning which occur on properties in between these two districts on properties owned by the applicant which now have T5 and T3 zones. These applications comply with the successional zoning requirements of Section 7.1,2,8 c of Miami 21. The requirements of Miami 21 Section 7.1.2.8 c are also complied with by the inclusion of the proffered Unity of Title and Declaration of Restrictive Covenants in Lieu of Unity of Title. WEISS SEROTA HELFMAN PASTOKIZA COLE & BONISKE, P.L. Mr. Francisco Garcia January 14, 2014 Page 13 We look forward to your favorable review of these applications. Please do not hesitate to contact the undersigned if you have any questions or require additional information. GP/ms Attachments 2688001 Gilberto Pastoriza WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. E---- k-',A) \---' Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71sT STREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2510 Address: 7126 Biscayne Blvd. Owner: 7126 Biscayne LLC. LEGAL DESCRIPTION: LOT 3, IN BLOCK 20, AND THE SOUTH 50 FEET OF LOT 4, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND A NON-EXCLUSIVE RIGHT OF EASEMENT FOR INGRESS AND EGRESS FROM N.E. 72ND STREET TO THE SAID LOT 3, OVER AND UPON THE EAST 10 FEET OF THE WEST 15 FEET OF LOTS 1 AND 2, IN BLOCK 20, OF FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND LESS THE SOUTH 5 FEET OF THE NORTH 100 FEET OF LOT 4, IN BLOCK 20, FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AS RECORDED IN ORB 2 534. OF CONTAINING APPROXIMATELY 9,753 SQUARE FEET, MORE OR LESS. 2697 PG L------4-‘,..-\\0-.-* `. 6 ' ' Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately 7,650 Square Feet, more or Tess. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or Tess. Portion of Folio: 01-3207-040-2510 Address: 7126 Biscayne Blvd. Owner: 7126 Biscayne LLC. Legal Description: The South 45 feet of Lot 4, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 2,250 Square Feet, more or Tess. REZONING APPLICATION r PLANNING Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. IIAR 20 AN 9.57 1. Applicant(s): 7100 Biscayne LLC, and 7120 Biscayne LLC, 2. Subject property address(es) and folio number(s): See attached Exhibit "A" 3. Present zoning designation(s): T3-L 4. Proposed zoning designation(s): T4-L 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. See Letter of Intent 6. One (1) original, two (2) 11x17" copies and one (1) 8Y2x11 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. 17. What is the acreage of the project/property site? 10,650 sq. ft./.24 acres Rev. 07-2013 3 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? Provide a s f. ,�gntained buffer between the Biscayne Boulevard frontage and the residential properties to the w ket =.y. 2 ti = 9: 57 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. Mimo District 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: 0 Planning, Zoning and Appeals Board 30 minutes and/or El City Commission 30 minutes 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting pack- eeiiling fee per *Fees over Sign Name Gilberto Pastoriza Telephone (305)854-0800 $ .50 $ 2,500.00 CI -HD: $ .70 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 a certified check, cashier's check, or money order. Address 2525 Ponce de Leon Blvd., #700 Coral Gables, FL 33134 E-mail gpastoriza[a�wsh-law.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE �� The foregoing was acknowledged before me this 1 day of V v . t.`t e-- 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC, and 7120 Biscayne LLC, a Florida limited liability company. He/She is personally knavv.o me or who has produced as identification and who del (did not) take aath. (Stamp) Signature • ?°A NRY � •"ff,f, MARILYN SOMODEVILLA * MY COMMISSION # EE 116532 ,91 \P EXPIRES: September 13, 2015 FOF FIOF Bonded Thru Budget Notary Services Rev. 07-2013 4 1/9 PLANNING DE T lEN 20iti ( AIR 20 AM 9: 57 Legal Descriptions for T3 Properties to be Rezoned: Folio: 01-3207-040-2690 Address: 565 NE 71n St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately 7,650 Square Feet, more or less. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or less. REZONING APPLICATION RECE E PLANNING DL3=ARTHEN AFFIDAVIT OF AUTHORITY TO ACT 2014MAR 20 AM 9:57 Before me this day, the undersigned personally appeared Gilberto Pastoriza , 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, DI including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Gilberto Pastoriza Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Je The foregoing was acknowledged before me this t day of V -VC-'" 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC, and 7120 Biscayne LLC, a Florida limited liability company. He/She is personally known to me or who has produced as identification and who did (did t) take an oath. Signature gnature °be, MARILYNSOMUUEVjL11A * MY COMMISSION # EE 110632 EXPIRES: September 13, 2015 74.0 F�o Bonded Thar Budget Notary $ervICe6 Rev. 07-2013 CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7100 BISCAYNE LLC, a Florida limited liability company (the "Company"), that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on w"..t•--/ 1 `Wri, at the offices of the Company. RESOLVED that the Company consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7126 Biscayne Blvd., Miami, Florida, (the "Applications"); and the filing of all necessary documents, necessary to the filing, including Unity of Title and Declaration of Restrictive Covenants in Lie of Unity of Title; and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf of the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of Weiss Serota Helfman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this day of -3-Cc, , 2014. 7100 BISCAYNE LLC, a Florida limited liability company Todd Leoni, Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni, as Manager of 7100 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand an• official seal this l'M day of `� A.D., 2014. SIGNATURE OF PERSO �oaR POB�% MARILYN SOMODEVILLA * 1( if. * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 TAKING AKNOWLEDGEMEN�1 �`stamp)ndedThruBudgetNotarySeMeas CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7120 BISCAYNE LLC, a Florida limited liability company (the "Company"), that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on c't,^ 1 '1a-G1 4 , at the offices of the Company. RESOLVED that the Company consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7120 Biscayne Blvd., Miami, Florida, (the "Applications"); and the filing of all necessary documents, necessary to the filing, including Unity of Title and Declaration of Restrictive Covenants in Lie of Unity of Title; and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf of the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of Weiss Serota Helfman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this l...) day of , 2014. 7120 BISCAYNE LLC, a Florida limited liability company L Todd Leoni, Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni, as Manager of 7120 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this d--- -ra A.D., 2014. _ SIGNATURE OF P SON TAKING AKNOW * �� LA ivn�tllS5`!t�. kct i�532 EXPIRES: September 13, 2015 'rFOF,,oe. Bonded Thru Budget Notary Services CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7126 BISCAYNE LLC, a Florida limited liability company (the "Company"), that the following is a true and orrect copy of the resolutions adopted by the manager at a meeting held on '.41 oitbrdi (4, at the offices of the Company. RESOLVED that the Company consents to and joins in the filing with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7126 Biscayne Blvd., Miami, Florida, (the "Applications"); and the filing of all necessary documents, necessary to the filing, including Unity of Title and Declaration of Restrictive Covenants in Lie of Unity of Title; and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf of the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of Weiss Serota Helfman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this C day of .3 Ct . , 2014. 7126 BISCAYNE LLC, a Florida limited liability compapy Todd Leoni,�Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni, as Manager of 7126 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this 1---) day of A.D., 2014. SIGNATURE OF PE N TAKING AKNOWLEDGEMENT (stamp) MARILYN SOMODEVILLA ? `* * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 Of oe Bonded Thru Budget Notary Services ATF� REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza , who being by me first deposes and says: 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, including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Gilberto Pastoriza Applicant(s) Name Applicant(s) Sign STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this CI day of 7Ct- 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 710Qf Biscayne LLC, 7120 Biscayne LLC, and 7126 Biscayne LLC , a Florida limited liability company. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. 4 (Stamp) Signature 1Par P B MARILYN S0M0DEVILLA * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 14.0F F.°Q\c Bonded Thru Budget Notary Services Rev. 07-2013 5 REZONING APPLICATION RECEr}IV'D PLANNING DEPAR MEN-. 281L1 MAR 20 AM 9: 57 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) 7100 Biscayne LLC, and 7120 Biscayne LLC are all owned by Todd Leoni Percentage of Ownership 100% Subject Property Address(es) See attached Exhibit "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): 7000, 7010, 7020 Biscayne Blvd. these properties are owned by 7000 Biscayne LLC, which is 100% owned by Todd Leoni Gilberto Pastoriza Owner(s) or Attorney Name Legal Description(s): Owner(s) or Attorney Signatur STATE OF FLORIDA -- COUNTY OF MIAMI-DADE I The foregoing was acknowledged before me this 19 day of V.Q.V`C..V1 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7100 Biscayne LLC, and 7120 Biscayne LLC, a Florida limited liability company. He/She is personally known to me or who has produced as identification --hA and who did (did nit,) take an ogth. C L (Stamp) Signatur 46°4:: a.e c MARILYN SOMODEVILLA `t* MY COMMISSION # EE 116532 sq; Igo EXPIRES: September 13, 2015 'Fop Fi,0,0 Bonded rhru Budget Notary Services Rev. 07-2013 6 Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. PLANNING D a TMEN 20141 AIR 20 APi 9: 57 LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 7151- STREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. This instrument prepared by and after recording return to: Gilberto Pastoriza, Esq. Weiss Serota Heitman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134 DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL ME BY THESE PRESENTS: That 7100 Biscayne LLC, and 7120 Biscayne LLC, ("Owners") hereby make, declare and impose on the land legally described on Exhibit "A" attached hereto (the "Properties") the covenants running with the title to the land set forth herein, which shall be binding on the Owners, all heirs, successors and assigns, personal representatives, mortgagees, lessees and against all persons claiming by, through or under them. WHEREAS, Owners hold fee simple title to the Properties; and WHEREAS, Owners may wish to convey portions of the Properties from time to time and this instrument is executed in order to assure that the phased development of the Properties with future ownership will not violate any subdivision or zoning requirements of the City of Miami; NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owners hereby agree as follows: 1. Limit the T4-L property as legally described in Exhibit "B" to all uses permitted under T3 and only surface parking under the T4-L uses. 2. At the time of the building permit, the T4-L property shall comply with all Miami 21 regulations, including Section 9.7. 3. In the event of multiple ownership of the Properties, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this instrument; and Owners will not convey portions of the Property to such other parties unless and until Owners and such other parties shall have executed and mutually delivered in recordable form an instrument to be known as a "Declaration of Restrictions and Reciprocal Easement Agreement' which shall contain, among other things, the following: (a) Easements in the common area of each parcel for ingress to and egress from the other parcels. (b) Easements in the common area of each parcel for the passage and parking of vehicles. (c) Easements in the common are of each parcel for the passage and accommodation of pedestrians. (d) Easements for access roads across the common area of each parcel to public and private roadways. (e) Easements for the installation, use, operation, maintenance, repair, replacement, relocation or removal of utility facilities in appropriate areas in each such parcel. (t)-- --Easements- on each par -eel for --construction- -of buildings— and improvements in favor of each other parcel. (g) Easements upon each parcel in favor of each adjoining parcel for the installation, use„ maintenance, repair, replacement and removal of common construction improvements such as footing, supports and foundations. Easements on each parcel for attachment of Building. Easements on each parcel for Building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like. Appropriate reservation of rights to grant easements to utility companies. Appropriate reservation of rights to road rights -of -way and curb cuts. Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads. Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These instruments or portions may be waived if approved by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees, if the provisions are inapplicable to the subject property. In addition, the instruments shall contain such other provisions with respect to the operation, maintenance and development of the property as the parties may agree. Such provision may be 2 modified or amended by such parties (or the applicable association governing such parties) without approval or joinder by the directors, or their designees, if it will be constructed, conveyed and operation in accordance with an approved site plan. The multiple owners may, by mutual agreement, allocate among themselves and the parcels owned by them, setbacks, parking, open space, floor area and similar governmental requirements, and these allocations shall be honored in connection with requests for future site plan changes. 4. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which time it shall be extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subject property over which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association {in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications, amendments, or releases, joinder is required by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees to execute the instrument of amendment, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the property for the purposes herein intended.. 5. The provisions of this instrument may be amended, modified, or released by a written instrument executed by the then owners of the Properties, provided same is also approved by the City Attorney. Should this instrument be so amended, modified or released, the directors of pubic works, community planning and revitalization and building and zoning of the City of Miami, or their respective designees or successors, shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release. 6. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants. The prevailing party in any action or suit pertaining to or arising out of this Declaration of Restrictive Covenants shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 7. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. 8. This Declaration of Restrictive Covenants in Lieu of Unity of Title shall be recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense. 9. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an 3 election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the day and date first above written. WITNESSES: (as to 7100 and 7120 Biscayne LLC) 7100 BISCAYNE LLC, a Florida limited liability company By: Print Name: Print Name: Todd Leoni Its: Managing Member 7120 BISCAYNE LLC, a Florida limited liability company By: Print Name: Todd Leoni Print Name: Its: Managing Member STATE OF FLORIDA ) SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , by Todd Leoni, as managing member of 7100 Biscayne LLC, and 7120 Biscayne LLC, a Florida limited liability company, in the capacity aforestated; such person is (check one) [ ] personally known to me or [ ] has produced as identification. NOTARY PUBLIC PRINT NAME My commission expires: (Seal) 4 ' I-A/NJ '., Legal Descriptions for T3 Properties to be RezoneC14:111182° Ark : 9 58 Folio: 01-3 207-040-2 690 Address: 565 NE 71st St. Owner: 7100 Biscayne LLC. Legal Description: The South 85 feet of Lot 23, and the East 40 feet of the South 85 feet Lot 22, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami -Dade County, Florida. Containing approximately 7,650 Square Feet, more or less. Portion of Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. Legal Description: The North 60 feet of Lot 23, in Block 20, Amended Plat of Federal Way, according to the Plat thereof, as recorded in Plat Book 25, Page 6, Public Records of Miami - Dade County, Florida. Containing approximately 3,000 Square Feet, more or less. Folio: 01-3207-040-2710 Address: 7100 Biscayne Blvd. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: ALL OF LOTS 24 AND 25, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 14,126 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2690 Address: 565 NE 711t St. Owner: 7100 Biscayne LLC. LEGAL DESCRIPTION: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET LOT 22, IN BLOCK 20, AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6, PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA. CONTAINING APPROXIMATELY 7,650 SQUARE FEET, MORE OR LESS. Folio: 01-3207-040-2701 Address: 7120 Biscayne Blvd. Owner: 7120 Biscayne LLC. LEGAL DESCRIPTION: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71sT STREET TO PARKING LOT LOCATED WEST OF EXISTINGS BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. CONTAINING APPROXIMATELY 10,497 SQUARE FEET, MORE OR LESS. JOHN IBARRA & ASSOCIATES,INC. Professional Land Surveyors 8 Mappers pers BN ALANOs,9NE.D = M NOTE THE PURPOSE OF THIS SURVEY /5 TO SHOW THE LOCATION AND PLATTED DIMENSIONS OP THE PROPERTIES TO BE REZONED. HO IMPROVEMENTS WERE LOCATED FOR THIS SURVEY. Boundary Survey NE 72nd STREET NE 71st STREET MAN, 21J °, • T4 R 3 LIl Ij N`7i OJT 6...,..."r� 1I1 1111111 III "ttS SC nL'I .I :". ^If'I. G. LOCATION $NETC • ABBRENATKM'S GRAPHIC SCALE 00 t lNil PLES Er SURVEYOR'S CERTIFICATION: 'HEREBY IUS' 1iPravav sRauEYeoA`NO0.11.1 LINO wRSwR. SURVEYORS I£1 ROMP FICA. A°ou°,Nsm cmc` PENSFOCIA ITP JOHN IBARRA 8 ASSOCIATES, INC. NOTE: THE PURPOSE OF THIS SURVEY IS TO SHOW THE LOCATION AND PLATTED O/M£NS/ORS OF THE PROPERTIES TO BE REZONED. NO IMPROVEMENTS WERE LOCATED FOR THIS SURVEY. Professional Land Surveyors 8 Mappers ref. wwW.H3HARAUNDzH4VEYORH com ••o3l v Boundary Survey NE 72nd STREET SWAT NE 71st STREET BLOCK al 190.06. 102o'1 7 InxA'DN 5 5 5 J GRAPHIC SCALE f INCN MfEET T4 R L I I I I fT 17177 TONING SKETCH nlL:t;l .IF /1 1... LOCATION SKETC SCAtE FOLIO NUMBFA: OGRESS: OWNER 14.W DESno North OSCCRPRON e®mLpromoroluxxl Record ad CMe Cowl y. Md.. Corn ewmM ely 3.000 Spww Fxt nuewbx SURVEYORS CERTIFICATION' _ rfE PROPER', UNDER MYSUPERNSK AND MAPLES VA O/RPMliVON £cHNICA JiN JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers NOTE: THE PURPOSE OF THIS SURVEY /S TO SHOW THE LOLA TION AND PLATTED DIMENSIONS OF THE PROPERPES YORE REZONED. NO IMPROVEMENTS WERE LOCATED FOR TN/S SURVEY. BLOCK io — a: NE 72nd STREET_ NE 71st STREET Boundary Survey NOM, LINE or Lcr 1010(0) 101W'rMJ 5 GRAPHIC SCALE M 5 J ON 'EEG FEET T4 R 3 a F I II E 715 II 11111 so G ARBREVMnoPS 0 LOW?. SKETCH SCALE • tar FOLIO NUMBER: 1.3101.04510 ADDRESS: OWNER'1-116 vrRLLc. V3ouNlk IM NL Bkd h.Nham, Way. +m'dvntlia PW muwf. a.F46. Puw.' eRvonnie[ar "SO.. Fxl, more wku. SURVEYOR'S GERT/FICAT/ON IGGESSCERIVI THIS WM., SURVEY' a, NE PROPER, STAND.. AS SET FORTH BY RE FL.. B..OF PROFESSIONAL LAW SURVEYOR. FL.10. A./NISIVIFIVF CO. /.0,101J J1R ,i::.';;;.•3 IFSAA A & ASSOCIATES, and Surveyors & Map1»'.. NOTE: THE PURPOSE OF THIS SURVEY 15 TO SHOW THE LOCATION AND PLATTED DIMENSIONS OF THE PROPERTIES TO BE REZONED. NO IMPROVEMENTS WERE LOCATED FOR THIS SURVEY. Boundary Survey NE - 2Sa STREET NE 71st STREET" Flo or, TWIST wpw arm7� R\ 9 IIMI I1 Ill 1111 II11� ZONING SKETCH • LOCATION SKETCH SCALE •MES ABBREVIATIONS GRAPHIC SCALE o fo20 90 EN FEED INCH •ZO FEET SUREVar CERDOMr SURVEY Of 110 OESC0OHENEON HAS MOEN NSOMI MYSSUPO AND S WITECHNICAL _Ta4MH LANOSERVETORS TER01HOMM >r AWNS CRAW ECOW PURSINECT TO 41101T F1.00. SNOUTS E..•o, �T pr�.��io'rriw�ewa�vwL�.aoNw ALASEpac 0000 JOHN IBARRA & ASSOCIATES, INC. Protess[onal Land Surveyors & Mappers NOTE THE PURPOSE Of THIS SURVEY IS TO SHOW THE LOCATION AND PLATTED DIMENSIONS OF THE PROPERTIES TO BE REZONED. NO IMPROVEMENTS WERE LOCATED FOR THIS SURVEY. NE 72nd STREET NE 71st STREET RAM.. RWIITOTIVAY 130.00. Boundary Survey GRAPHIC SCALE a 020 SO i+ FY uN(W:mOEET • `m r TST Wit'_ Rs • OwNO SKETCH LOCATION SxETCH ADDREYIAnORs ADDRESS Dim OGYNE LLC LF3mossaa not,'Mvu Eer�m I.n &Me Soul TMrsarmaxro toPII ea Mwrotlarn7JW$m+'.Fee, mare o"quw.. SURVEYORS CERTIFICATION: brEnsayomnr,"11.5190.10ARY SLIAWY OF PIE PROPER, DESCRBIED HEREON HAS RECENTLY LUTENSURVE VD AND DRAWN UNDER TLmERnSxML AND CauPUES M/H THE IRWIN TECHNICAL STANDARDS RS SET FORM AT R FLORIDA BOARD OF PRO. Terme, LINO SURVEYORS /RCMP,. SA a RON. AWAIT NAT V E. CODE PINS., TO ITT OTT RLORIDA STATUTES 10/1012013 CARLOS MI rE RHO ROAR ix vs® 421S1 ITITIL rir0 x=r0Seu orl Hoeeu NEMEOPV REVISED OM THIS INSTRUMENT PREPARED BY: RECORD AND RETURN TO: Todd Leoni P.O. Box 381703 Miami, Florida 33238 CFN: 20130163664 BOOK 28511 PAGE 1157 DATE:03/01/2013 10:48:27 AM DEED DOC 0.60 SURTAX 0.45 HARVEY RUVIN, CLERK OF COURT. MIA-DADE CTY WARRANTY DEEDjr THIS WARRANTY DEED, made this 22—day of cc_tr,A. 2013 by TNA PALMS, INC. A Florida Corporation hereinafter called grantor, to 7100 Biscayne, LLC. A Florida Limited Liability Company hereinafter called grantee, whose post office address is P.O. Box 381703, Miami, Florida 33238. WITNESSETH: That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Miami -Dade County, Florida, viz: Folio #: 01.3207.040.2710 Address: 7100 Biscayne Blvd, Miami, Florida 33138 Legal Description: ALL OF LOTS 24 AND 25, IN BLOCK 20, OF FEDERAL WAY, ACCORDING TO THE PLAT OR MAP THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 16 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA Folio #: 01.3207.040.2690 Address: 565 NE 71" Street, Miami, Florida 33138 Legal Description: THE SOUTH 85 FEET OF LOT 23, AND THE EAST 40 FEET OF THE SOUTH 85 FEET OF LOT 22, IN BLOCK 20, OF FEDERAL WAY AMENDED, ACCORDING TO THE PLAT OR MAP THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 6 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; 1. Taxes for the year 2012 and subsequent years, which are not yet due and payable. 2. Zoning, restrictions, prohibitations and other requirements imposed by governmental authority; restrictions and matters appearing on the plat otherwise common to the subdivision and public utility easements of record, without without the intention of reimposing the same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the said grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said grantor hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Witness Signature Print STATE OF F='`T Pamela J. Casquilla, witries COUNTY OF MIAMI-DADE TNA PALMS, IN , a Florida Corporation By: The foregoininstrument was acknowledged, sworn to and, sub this day of `--Q. 20V My Commission Expires: 21. Personally Commis ti Todd Leoni, President P.O. Box 381703 Miami, Florida 33238 efore me by't Leer') li on Serial Number (if any R Produced Identification Type of Identification Pfr6duced: Driver's License: Other: THIS INSTRUMENT PREPARED BY: RECORD AND RETURN TO: Todd Leoni P.O. Box 381703 Miami, Florida 33238 CFN: 20130163661 BOOK 28511 PAGE 1154 DATE:03/01/2013 10:48 27 AM DEED DOC 0.60 SURTAX 0.45 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY WARRANTY DEED THIS WARRANTY DEED, made this ii 2- day of rrijoroAll , 2013 by TNA PALMS, INC. A Florida Corporation hereinafter called grantor, to 7120 Biscayne LLC a Florida limited liability companyhereinafter called grantee, whose post office address is P.O. Box 381703, Miami, Florida 33238. WITNESSETH: That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Miami -Dade County, Florida, viz: Folio #:01.3207.040.2701 Address: 7120 Biscayne Blvd, Miami, Florida 33138 Legal Description: LOT 23, LESS THE SOUTH 85 FEET THEREOF, AND FOR ALL OF LOT 26, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH A RECORDED EASEMENT PERMITTING ACCESS FROM N.E. 71 STREET TO PARKING LOT LOCATED WEST OF EXISTING BUILDINGS, TOGETHER WITH THE IMPROVEMENTS SITUATE THEREON. 1, Taxes for the year 2012 and subsequent years, which are not yet due and payable. 2. Zoning, restrictions, prohibitations and other requirements imposed by governmental authority; restrictions and matters appearing on the plat otherwise common to the subdivision and public utility easements of record, without the intention of reimposing the same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the said grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said grantor hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: etpU--etvtL___ Witness Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE TNA PALMS, INC., a Florida Corporation By: r/h) Todd Leoni, President P.O. Box 381703 Miami, Florida33238 The foregoing instrument was acknowledged, sworn to and subscrib this day of fir- YQ.tf , 20 My Commission Expires: Personally Kno before me by tr`jC ‘.. f�71 on Serial Number (if any) Produced Identification Type of Identification Prodytbed: Driver's License: Other: NOTARY PUBLIC THIS INSTRUMENT PREPARED BY: RECORD AND RETURN TO: Todd Leoni P.O. Box 381703 Miami, Florida 33238 CFN: 20130163658 BOOK 28511 PAGE 1151 DATE:03/01/2013 10:48:27 AM DEED DOC 0.60 SURTAX 0.45 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY WARRANTY DEED THIS WARRANTY DEED, made this 7.- 'day of 4-f Cs -NA j , 2013 by TNA PALMS, INC. A Florida Corporation hereinafter called grantor, to 7126 Biscayne LLC a Florida limited liability company, hereinafter called grantee, whose post office address is P.O. Box 381703, Miami, Florida 33238. WITNESSETH: That the grantor, for and in consideration of the sung of TEN DOLLARS ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Miami -Dade County, Florida, viz: Folio 4: 01.3207.040.2510 Address: 7126 Biscayne Blvd, Miami, Florida 33138 Legal Description: LOT 3, IN BLOCK 20, AND THE SOUTH 50 FEET OF LOT 4, IN BLOCK 20, OF AMENDED PLAT OF FEDERAL WAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND A NON-EXCLUSIVE RIGHT OF EASEMENT FOR INGRESS AND EGRESS FROM N.E. 72ND STREET TO THE SAID LOT 3, OVER AND UPON THE EAST 10 FEET OF THE WEST 15 FEET OF LOTS 1 AND 2, IN BLOCK 20, OF FEDERAL WAY AMENDED, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, AT PAGE 6, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.SHALL HAVE THE RIGHTS HEREIN GIVEN FOR ALL DEFAULTS. 1. Taxes for the year 2012 and subsequent years, which are not yet due and payable. 2. Zoning, restrictions, prohibitations and other requirements imposed by governmental authority; restrictions and matters appearing on the plat otherwise common to the subdivision and public utility easements of record, without the intention of reimposing the same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the said grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said grantor hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Witness Signature Pamela J. Casquilla, witness STATE OF FLORIDA COUNTY OF MIAMI-DADE TNA PALMS, INC. a Florida Corporation By: Todd Leoni, President P.O. Box 381703 Miami, Florida 33238 r The foregoing instrument was acknowledged, sworn to and ubscribefore me by'1,y16, Lac( l on this. day of ,-1/ , 20 \3 My Commission Expires: J nal Number (if any Personally I R Produced Identification Type of Identification oduced: Driver's License: Other: 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: Gilberto Pastoriza (First Name) (Middle) (Last Name) HOME ADDRESS: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. (Address Line 1) 2525 Ponce de Leon Blvd., Suite 700 (Address Line 2) CITY: Coral Gables STATE: Florida ZIP: 33134 HOME PHONE: (305) 854-0800 CELL PHONE: FAX: (305) 854-2323 EMAIL: gpastoriza@wsh-law.com BUSSINESS or APPLICANT or ENTITY NAME 7100 Biscayne LLC BUSINESS ADDRESS: c/o Gilberto Pastoriza, 2525 Ponce de Leon Blvd., #700 (Address Line 1) Coral Gables, FL 33134 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning & comprehensive plan for 565 NE 7 Street, 7120, 7126 Biscayne Blvd., and 572 NE 72 Street. 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 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 i t ° e same issue : a 1 be r ed or considered by the applicable board(s) . ill exp atio , • • • riod o ar after .1 •. nullification of the application or orde PERSON SUBMITTING DISCLOSURE: igna ure Appr- Gilberto Pastoriza Print Name nJ Sworn to and subscribed before me this l Lk 20U Ll. The foregoing instrument was acknowledged before me by L.O--- "5 -;1"...., who has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA L.714.4.,j3 CITY OF MIAMI a--A—d-f. MY COMMISSION Notary EXPIRES: 60:, P6e�� MARILYN SOMODEVILLA YJ ,� t, �s �y � 1ISSION # EE 115532 Enclosures) ��!�ES: September 13, 205 9>FOF F1o�`O BondedPIAThru Budget Notary Servic1es Doc. No.:86543 Page 2