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HomeMy WebLinkAboutApplication & Supporting Documentszip Su ber November 5, 2014 Mr. Sergio Garrido City of Miami Planning Department 444 SW Second Avenue, 3rd Floor Miami FL 33130 Jerry B. Proctor Tei 305-350-2361 Fax 305-351-2250 jproctor©bilzin,com Re: DJ2014 LLC/Application for District Boundary Change and Comprehensive Plan Amendment Pro e : 5900 Bisca ne Boulevard and 5907 NE 5 Avenue Dear Mr. Garrido: In conjunction with the above -styled application, scheduled for hearing before the City's Planning and Zoning Appeals Board on November 19, 2014, enclosed please find a Declaration of Restrictions that the applicant will proffer at the hearing. Please give me a call if you have any questions. Thank you. Sincerely, erry B. Proctor JBP: id Encl. cc: Jacques Miodownik (w/encl.) Dean DiBartolomeo, Esq. (w/encl.) Dean Lewis (w/encl.) BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brickell Avenue, 23rd Floor, Miami, FL 33131-3456 rel 305,374,7580 Fax 305.374.7593 www.tplzin corn This instrument prepared by, and after recording return to: Name: Jerry B. Proctor, Esq. Address: Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 j,Sotice reserved for Clerk of (Milo) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2014, by DJ 2014 LLC the "Owner"), in favor of the City of Miami, a Florida Municipal Corporation (the "City"), WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at approximately 5900 Biscayne Boulevard and 5907 NE 5 Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: MIAMI 4249041.4 81026/44535 11/6/2014 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Site Plan. The Property will be developed substantially in accordance with the Design Intent Documents and the Construction Permit Documents prepared by D.B. Lewis, Architect -Thresholds International Inc., or the architect of record, as may be amended by the applicable departments of the City of Miami and the City of Miami Historic and Environmental Preservation Board. 3. TDRs. Owner may utilize the provisions in the City's Transfer of Development Rights (TDR) program. The Owner will comply with City regulations regarding recording of agreements and any other required notice of any sales reducing development capacity on the Property. 4. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 5. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this MIAMI 4249041.4 81026/44535 11/6/2014 2 instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 6. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Properly for the purpose of determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 7. Amendment and Modification. This instrument may be modified, amended or released as to all or any portion of the Property by a written instrument executed by the owner(s) of the fee -simple title to the Property to be effected by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission, if applicable, at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. MIAMI 4249041.4 81026/44535 11/6/2014 Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner after approval of the Owner's zoning application and the Owner's comprehensive plan application by the City Commission of the City of Miami and the expiration of all appeal periods and after approval of the Owner's application for a certificate of appropriateness by the City of Miami Historic and Environmental Preservation Board and the expiration of all appeal periods. The Owner shall submit a recorded copy to the Zoning Administrator at 444 SW 2nd Avenue, 491 Floor, Miami, Fl., 33130-1910 within thirty (30) days of recordation, THERE ARE NO ADDITIONAL PROVISIONS ON THIS PAGE SIGNATURES AND JURAT ON THE FOLLOWING PAGES MIAMI 4249041.4 81026/44535 11/6/2014 4 AC OWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of _, 2014, IN WITNESS WHEREOF, DJ 2014 LLC has caused these presents to be signed in its name by its proper officials. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA MIAMI 4249041.4 81026/44535 11/6/2014 5 DJ 2014 LLC 19111 Collins Avenue, Unit #103 Sunny Isles, Florida 33160 By: Jacques Miodownik, Member -Manager COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Jacques Miodownik as member manager, of DJ 2014 LLC, on behalf of the limited liability company. 1-le is personally known to me or has produced , as identification. Witness my signature and official seal this day of , 2014 in the County and State aforesaid. My Commission Expires: MIAMI 4249041.4 81026/44535 11/6/2014 6 Notary Public -State of FLORIDA APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ City Attorney APPROVED: FRANCISCO J. GARCIA IRENE S. HEGEDUS Director of Planning and Zoning Zoning Administrator MIAMI 424904 L4 81026/44535 11/6/2014 EXHIBIT A Property Legal Description Lots 1 and 18, Block 3, of "Bayshore", according to the Plat thereof, as recorded in Plat Book 5, Page 116, of the Public Records of Miami -Dade County, Florida, MIAMI 424904 L4 81026/44535 11/6/2014 8 100 B.� R E[E(V ER PiA NN 1 IN GDE" E NT 20140~T 14 PP 4; 3 1 Jerry e.Proctor re/ 305-350-2361 +ux 305'351'2250 Hand Delivery K4S. Irene S. Hegedus, Zoning Administrator City of Miami 4448VV3ndAvenue, 4thFloor Re: DJ2U14,LLC Applications for Comprehensive Plan Amendment and Rezoning Property: 59OOBiscayne Boulevard and 53O7NE5Avenue Dear Ms. Hegedus: Our firm represents the property owner, DJ 2014, LLC (the "Applicant"), in Applications for Comprehensive Plan amendment and rezoning, filed concurrently with the City on July 21, 2014. The applications requested the following for the properties at 5900 Biscayne Boulevard ("58OO") and 59O7NE5Avenue /"5SU7"\: Zoning Comprehensive Plan 5900 T5-LtoT5-0 (no request) 5907 T8-LtOT4-0 Single family residential tO General C0rnrOerCi8| Please accept this letter, and the accompanying revised pages from the Cit/o application forms, to request the following: Zoning Comprehensive Plan 5900 T5-Lb]T4-0 (no request) 5907 T3'Lt0T4-0 Single family residential to Low Density Restricted Commercial The Zoning requests provide aproper transition and will allow the Applicant t0orient e low -scale, compatible commercial development toward Biscayne Boulevard and NE 59 Street. a/Lz|w auMosRo eAEwAPRICE uAxeLRoo up September 24,e0/4 Page 2 The application now requests Comprehensive Plan amendment of the 5907 Property from "Single Family Residential" to "Low Density Restricted Commercial". The Applicant plans to develop afU[Uitune S@|eS and showroom facility, not to exceed 35f8et in height' in @ manner that will be compatible with the community. Thank you for your consideration of these revisions, and the applications. ~ � ��o Je..y �. Proctor JBP:id c: Francisco Garcia JocqueSMiodovvOik Dean Lewis DeonDiBerto|omeo. Esq. B|LZ|w SUmasnaeAEmApR|CE&*xELRODup | |����| ��|��r� � ��| � PLANNING AND ZONING DEPARTMENT, HEARING 6#)&;k�SAE -' �44—'�-~~� -�_ - Florida ~ �~ loor + Miami, www.miamiqov.com/hearinq boards Welcome to the City 0fMiami! This application is intended t0serve 8S3 guide in assisting you with our public hearing process. Please feel free tOcontact 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 imthe date stamped byHearing Boards' staff mnthis page. The responses tothis application must be typed and signed /n black ink. All pertinent and accurate information/documentation; i.e., the p|8nG. 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 t0submittal tOensure completeness, YOU will be responsible, if needed' to bring an interpreter for the English language to any presentation before city boards, COnln0itte8S and the city commission. Avo|id power Ofattorney will be required if neither applicant Or legal CDuOSd p8pFeS8OUnQ the applicant execute the application or desire to make o presentation before City boards, CDnlnlitte8s and the city commission. All documents, reports, Studies. exhibits (81/2x11^) or other n18t8ri8|s submitted during this process will be kept as part of the record. Any documents offered to the F`|onDiOg, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days b9f0n8 the meeting as part of the agenda materials will be entered into the rHCOPd at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11409' CODIFIED IN CHAPTER 2' ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON VVHD RECEIVES COMPENGAT|[)N, REMUNERATION DR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY 8TAFF, BOAROS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (K4|AK8| CITY HALL), LOCATED AT35OOPAN APWE0CANDRIVE, K4|AM[FLORIDA, 33153. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission Orany Ofits b0@njs, authorities, agencies, councils or committees regarding any issue, shall disclose at the COnlnleDoernBnt (or continuance) of the public hearing(s) On the iSSu8' any consideration provided Or Cnrnrnitt8d' directly or on its behalf, for an agreement to support or withhold objection to the requested oppn]v@|' relief Oraction. The Disclosure of Consideration Provided Or Committed for Agreement to Support or Withhold Objection Affidavit included in this package nluS1 be submitted with the application. The applicant must, at the commencement of any public hearing OO the iSSue, if there is any diSC|OSuro to report, read the diSo|OSurG into the record. Also, the applicant nnUSt supplement the affidavit if there is any new information or additional information to disclose. Copies of City COnnnnissk]n resolutions and OrdiO8nnoS can be Obtained at Ou[vvebnite through APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code fopLRA�Offi(fg 1 1. Aop|iCant(s): CU2D14LLC 7O!1,OCT 14 Ph 4.31 2. Subject property @dd[e3Shes\and folio nUnlber(S): (1) 5800Bi8C@yOe Blvd. 'O1'3218-O31'O2OO and (2)59O7NE5Avenue -01'8218-O31'O12O 3. Present zoning desiQOotiDn(S): (1)T5Land (2)TDL 4. Proposed zoning desigD8tiOO(S): (1)T4-[)and (2)T4-{) 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 pnJperty, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation iSappropriate. 5. One U\ 0hgiO@i two (2) 11X17" copies and one /1\ O1/2x11 copy of the survey of the property prepared by @ State of Florida registered land Surveyor within six (0) months from the date of the 7. A de@[ 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. /\ clear and legible copy of the subject property addFeSS(es)and legal deSChotion(9)OOeseparate Sheet' labeled as "Exhibit A", to match with the current survey's legal description. S. 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 0fAuthority tOAct and the Disclosure OfOwnership Ofall owner —and contract purchasers, ifapplicable—of the subject property, 12. For all corporations and partnerships indicated: G) Articles ofIncorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; n\ Corporate Resolution or g Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: /\ list of Board of Directors less than one (1) year old. 13.Certified list Ofowners ofreal estate within 5OOfeet [fthe subject property, 14. Original DisCk}8Ur8 of COnok/enJtiOD Provided Or CDnnn?d/ed for Agreement to Support or Withhold Objection Affidavit, 15.Original Public School CVncunenoyManagement System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. MV\wI4225851.281026M4535 7 the acreage oftheproject/property site? ~' ofthis opp|io8UoD/Datuna0fproposed use? Commercial Use � �purpose z/ ` ih the boundaries of @ historic ��. historic district or oncheo|u0iC@| zone? Please -` contact the Planning and Zoning Department onthe 3mFloor for information. Yes(5807 NE5Avenue,aud 5900 Biscayne BouIe�7ard) 0.39 Acres (I6,865 s,f.) 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the PiGDDinO and Zoning Department on the 5= Floor for information. No 21.What would bethe anticipated duration ofthe presentation|nfront ofthe: Ll Planning, Zoning and Appeals Board 15 minutes and/or J City Commission 15 minutes 22. Cost of processing according to Section 62'22 of the W1|onni City Code*: $15.008 Change ofzoning classification to: e. C8.T3'R. T3-L.T3'0.T4-R.T4-L.T4-0.T5-R.T5-L.T5'[).T0-R.T0'L. Cl: Per square foot ofnet lot area $ .50 K8|nimnunR (Assunnesa 5.OUOsquare-foot lot) $2.500.08 b. T6'80.T6'120.T8'340. D1, D2, O3.T8'360.T6-480.T0-60[).T6'80. CI -HD: Per square foot ufnet lot area $ .TO K8in|rnunn $ 5.00O.OU o. Advertising U. School Conounency Processing (if applicable) e. Mail notice fee per notice f. Meeting package *Fees over Name" d) U' fee per package Hpaid /nthe form of@certified check, or/n4�myo/�*r' _---- Address /�)Y/ L p//»�� /fc�` ��nn^ �----- / -- /'-� � - v-7 STATE OFFLORIDA - COUNTY OFMLAM|'OAOE Theforeooinn was acknow|edued before me this ' / day of _ �(j 20 bv._�`* �l ~ -�[_ / r .������z� vvhoioa(n)Jm��*� ��' 4A �a0en�co��� ' � /���' a\»> liii ip/ -ii-He/ |ykn0wDi(innoorwho has produced ____ A) ooidentification and who w�oil: (did not) take --- (Stamp) MLAM14zz5m}.| 81026M4535 oomzo|4 Rev. u7-zo/3 i�' Signature DEAN pmBxnTVLO11i � mma,x Public ' State of Florida.=' � ww�- Omm, Expires mar n^xvm Comml5sion # ss 178053 4 1 |���|����| ��-| � ~ AFFIDAVIT OF AUTHORITY TO A C T Before me ' undersigned personally �d~��� ��- who being bynnefirst depos6 and says: 1. That he/she is the owner or the legal representative of the 0vvner, submitting the public hearing application as required by the Code of the City of K8ianni. Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she nopresents, if any, have given his/her full and complete permission for hinn/herto act in his/her behalf for the change or modification of o o|aaShicgUon or regulation of zoning as set out in the foregoing petition, [] including gr[] not including responses to day to day staff inquires. That the foregoing and following pages are part of this affidavit and contain the current na0oS, mailing odUnasses, telephone numbers and legal descriptions of the real property of which he/she is the owner orlegal representative. 4. That the facts, as represented in the application and documents supffiitted in conjunction with this ~f;/,4~'4 `'^^~'^-~A~`-~~^ omuo". =.nuuc;o.w ^u"ok'` Further Affiant sayeth not. -��C.�/~///� App|icanVs)Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applicant(s) Si nature,-::�,C'�',��O dh,"� > '��e������� ~- ~���'�z���` / --��6 � The foregoing acknowledged before me this // dovof --� c/ ~�' ~ ~ ~/j1 ' ' �. 2O // .bv-)(� vvhoise(n)|n ' 8mn of �Ll Z -- o(n) He/gAm-ks personally known to me or who has produced as identification and who did..(did not) take an oath. (Stamp) Signature DEAN F0|DxRTo0mBz molar y 6tato olFmrida O10 �v�o�m�Expho»Mar11.2 "= � -^~~" Connnxam/ o � �� 'oo= MIxM|4zZ58D]Xl0z6A4o5 m3&2ul4 mpm-zon 5 TI 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. - Jacques Miodownik & Denise Miodownik, Owner's Name(es) DJ 2014 LLC uiLh Right_ of Stn Tivorbhip Percentage of Ownership 100% Subject Property Address(es) 5900 Biscayne Boulevard & 5907 NE 5 Avenue 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): 1). e)4„)/c/ Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): Owner(s) or Attorney Signature, / e r 7":776,i,'',1 The foregoing was acknowleded before me this day of 20 / y _, by ick/oL,04,,, r r" who is 'a(n) 1nthv4 /agentic of (Stamp) MIAMI 4225 5 6/30/2014 Rev, 07-2013 toe He/ ,ivgleAgnal_iyi(*naWrilb-m-e)or who has produced as identification and who .(did not) take an difi": DEAN F. DIBARTOLOMEO Notary Public - State of Honda My C °inn Expires Mar 11, 2016 Commission # EE 178053 Signature 6 Exhibit 'YV' Rezoning 1-to T5'O Lot 1O.Block 5."Bgyshore".Plat Book 5.Page 11Oofthe Public Records of Miami -Dade COUnty, Florida. 2 'toT4'O Lot 1, Block 3' "Bgyshore", Plat Book 5. pooe 116. of the Public R8COndS of Miami -Dade County, Florida. Mk\K1|4245351] 0026/44535 7/\WzV|4 This instrument prepared by, and after recording return to: Name: Jerry B. Proctor, Esq. Address: Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 Some reserved for Clerk of Court) [PROPOSED] DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2014, by DJ 2014 LLC the "Owner"), in favor of the City of Miami, a Florida Municipal Corporation (the "City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at approximately 5900 Biscayne Boulevard and 5907 NE 5 Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, it is the Owner's intent to develop the Property for use as a commercial building. NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: MIAMI 4249041.1 81026/44535 6/30/2014 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Development Regulations. Development of the Property will be limited to a retail furniture store of no more than 35 feet in height. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in MIAMI 4249041.1 81026/44535 6/30/2014 2 equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the owner(s) of the fee -simple title to the Property to be effected by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the Zoning Administrator at 444 SW 2" Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of recordation. MIAMI 4249041. I 81026/44535 6/30/2014 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged onthis day of `20l4. IVWITNESS #/6E-RE()F, has caused these presents {obcsigned inits name by its proper officials. Wducuyum; Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE CU2Ul4LiC l9||lCollins Avenue, Unit #lO3 Sunny Isles, Florida J}l6O The foregoing instrument was acknowledged hckxe mu by , of DJ 2014 |L|LC,nnbehalf ofthe corporation. Hcixpersonally known iomeorhas produced Florida Driver's licence: I as identification. Witness mysignature and offioio|seal this day of ,2014in the County and State aforesaid. Notary Public -State o[FLORIDA My Commission Expires: NO4Mx4249041] 81026/44535 6/30/2014 APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ City Attorney APPROVED: FRANCISCO J. GARCIA IRENE S. HEGEDUS Director of Planning and Zoning Zoning Administrator MIAMI 4249041.1 81026/44535 6/30/2014 EXHIBIT A Property Legal Description Lot 1 and 18, "Bayshore", Plat Book 5, Page 116, of the Public Records of Miami -Dade County, Florida. MIAMI 4249041.1 81026/44535 6/30/2014 6 PLANNING AND ZONING DEPARTMENT PROJECTS F{EV|EVV MEETING RE -ZONING 5907KjE 5 Avenue 59O7NE5AVENUE AND 58OOB|SCAYNEBOULEVARD PR'14'OO2 ZONING DESIGNATION: T3'L&T54-O NET DISTRICT: UPPEREAGTS|DE 7.8.14 The project is subject to review and compliance with the requirements of all City departments, GS applicable. The following comments were generated based the Pre -application meeting of July 1' 2014 and are intended to assist and expedite permit applications based on the applicant's voluntary modifications Ofthe project /p|8nS8uggestedhen2iO. This application has been reviewed for the following request: o Rezoning per Article 7, Section 7.1.2.8 (c) (1), to a||ovV @ rezoning from T3-L to T4'0 (5907 WE 5Avenue) and T5-LtOT5-0 (5800 Biscayne Boulevard). The following Cmnnnlents ShUU|d be addressed: 1. EmenthOughpu[SUgnttoArtiC|e7.Gection7.1.2.O(3)thepropOsedrezOningUftheL0t locate at 5907 NE 5 Avenue from T3-L to T4-0 may qualify as successional zoning change, it does not meet the Miami 21 requirement pursuant toArticle 7. Section 7.1.2.8 (3) (o) U\ to QUOvv application for rezoning. In that, the Lot in questions does not represent an extension of an existing Tn9Oseot b0undary, it is |eSS than 40.000 square feet Of land area, and the Lot does not have 200feet of street Frontage On at least one street. The applicant may confer with the Zoning Administrator, Irene Hegedus, at 3O5,41O.149Sfor @O official determination. 2. Provide school concurrency letter. Applicant may contact Alina Mencio at 305.416.1425 with any question concerning the concurrency process. |fthe applicant chooses tDproffer arestrictive covenant associated with the rezoning request, the applicant should submit the document with the rezoning application package for review and approval by the City of Miami's L@vv Department and Planning and Zoning Department prior to the anticipated P|onOing. Zoning, and Appeals Board meeting. Additional comments will be provided upon review Of@ more detailed Subnnbt@i Consequently, the City of K4i@nni reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. ^^^ Please note that the Planning and Zoning Department reviews Permit proposals based On Mionli21 and City Code. tf, 22( plicant Email Project Street Address 4 Summary of Request A 42, rrnit R&I.1„14:15?t:/d -- Code Section ,ettitr, =ER i, i ow G _ ;:„ ,-, 3 ie , Pre -Application Meeting OCT IL pm 4 : 1.:, ''--,,, Assisted Living Facility Principal Frontage Other: C Folic Number piicant'Pnone-Number To BE OOML.ETED BY THE OFFICE OF ZONINC: ype 1 CITY OF MIAINII OFFICE OF ZONING Pl.33 30541.6-1.499 ! 2,4 tk-t3t: 44 Floor Nfirmai, FL 33130 7c73.7W.1-4,jamigov cor-33/zoninP3 I e5e.,‘” ////i z/4, ? tf.4f4W,S"—IC; ai11// ciAri PFdie`c= Ern=i1 Addres-, roject Street Address ., 1,) L P161.4 FERRAL" MNT. L, p : 32 Folio Number c 645 Pre -Application Meeting Assisted Living Facility CI Principal Frontage O Other: ppcanrPhcne Num gifr To BE COMPLETED BY THE OFFICE OF ZQNIN 7 • of .rinit Re _Led — Code S&tan Summery of Request Referral iss ' by: CITY OF MIANII OFF ICE OF ZONING Ph: 31)3416-1499 141 SW 2 Ave 4th Floc: N14-H, FL 33130 corrizet-isr ,,. City of Miami Public School Concurrence Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Sub -Type Application Name 4, Application Phone * ,- - . Application Email * „,, . Application Address * 31 0 '7 ,' s A, Contact Fields Information Contact Name * „,—. „Jeer 4 fIv - Contact Phone * Contact Email . / ee°4'e " 0 ii re-ied. CAVIVI Local Govt, Name CiN f Miami Local Govt, Phone 305-416-1400 Local Govt. Email GDQay@cimiurni.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 0 f -3110 , • I 0 Additional Folio Number Of ,•‘.3 U . &f 017,0 Total Acreage *0„ Proposed Land Use/Zoning * Land Use/Zoning Single -Family Detached Units A/ Single -Family Attached Units (Duplex) * All Multi -Family Units * Total # of Units * „ Redevelopment Information (MUSPel - Re -development 8pph081f005 are for those vacant sites for which a local government has provided vested rights, or for an already improved property which does not have to be re -platted as deemed by the local government The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example an existing 20-unit structure will be torn down for redevelopment The newly proposed development calls for 40 total units Local government shell input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units) Required Fields for Application * , xi Owner(s)/Attorney/Applicant Name S rE OF FLORIDA COUNTY OF MIAMI-DADE Owner(s)/Attorney/Applicant Signature C 5 121o (yi, p /21 /16 e byjHi day who is a(n) lagatatieopporatinn of de)/ a(n) 20 2.,,y iudividuallipartnarabiptcorporation. lle/She istkeiriniiilry-knOWITTSTifejor who has produced rhe l'oregoi»g„,.,,!!.,as acknowledged before lr;1,1,.}1,,,,.. d:(-- as identification and who did (did not) take'aiiiii7---"*""' Signature DEAN F. DIBARTOLOMEO Notary Public - State. of Florida My Comm. Expires Mar 11, 2016. Corunnission # EE 178053 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 conunittees 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. JERRY B. PROCTOR (First Name) HOME ADDRESS: (Middle) (Last Name) (Address Line 1)1450 Brickell Avenue, 23rd Flr., Miami, FL 33131 CITY: Miami oFF, (Address Line 2) STATE: Florida. ZIP: 33131 N€M PHONE:305-350-2361 CELL PI IONE: FAX:305-351-2250 EMAIL:jproctorgbilzin.com BUSINESS or APPLICANT or ENTITY NAME DJ 2014 LLC BUSINESS ADDRESS: 19111 Collins Avenue, #103, Sunny Isles, FL 33160 (Address Line 1) (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, hoard, authority, agency, council, or committee. COMPREIIENSIVE PLAN AMENDMENT - 5907 NE 5 AVENUE REZONING - 5900 Biscayne Boulevard and 5907 NE 5 Avenue 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to sup4uu:t nr withhold ohiertion to the regitec_ted_aaproval relief nr artinn9 ID YES X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Dec. No.: RG543 MIAMI 4249324 1 81026/44535 7/18/2014 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Mune Address Phone# :i. 1.). e ''. AcIdiiiorml mimes cnii he pinced on s'eNrate Hige;,ittncheti to this CH r III 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. iNCKNOVVI,E1)GENIENT 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 tor the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PI16ON •:', WI FLING DISCLOSURF: igna tire Pr - e worn i,),Hi(7 ‘,/(bscrtIva bc/,)/y inc thiN ....,„ ,I. . j , 2( • The,lregoing in'ortonern Icos acknowledged before me 1)1, t , who hos produced i.iideulificotion anajOr i person(' r knorn To ufc...' an( who dididid Hot &Ike mi owh. 1'1 1 A 11,, Olf 1,1,oR IDA CI I ,-.\K')(.1,.,P(AN,I,,:\:.,V11 us Dipz N1 'IIISSION # FF111262 Notary . . -41-6-oFp..d4• oii.ARA TfitU Budget Notary Services Pnnt Na al e 1 m.1.10su, Dt,c No /(/4/ Page 2 Pn Print Name: Alt�v4 This Instrument Prepared by: MARCODELACAL, ESQUIRE S99Ponce deLeon B|vd..Suite 735 Coral Gab|e8, Florida 33134 Return to: DEAN F. DiBARTOL{}ME[), ESQUIRE D4OOBird Road yNi8nni. Florida 33155 Property Appraisers Parcel |.O. (Folio) No.: 013218O31D3Q[V013218031012D 1-1 2��������� ���� OR Bk 29206 Pys 3070 - 3071; (2nss) RECORDED 06/25/2014 13:39:48 DEED DOC TAX 7,890.00 SURTAX 5,917.50 HAKVEY RUVIN, CLERK OF COURT MIAMI-DADE CUUNTY, FLORIDA ------------------------------------------------------------------------------------------------------------------------------------------------------ WARR#NTY[]EED THIS WARRANTY DEED made the ^ y day ofJune, 2O14,by5900B|SCAYNEBOULEVARD, LLC' a Florida limited liability company, with its principal place of business at 10575 NW 43m Terrace, Donal Florida 33178'hereinafter caUedthe (�rantor.to[�J2014LL��'aFlorida |imnitedUab||itVcmnnpany.vvhosepost ' office address /s19111oyhnsAvenue, Unit #103,Sunny Isles, Florida 331G0.hereinafter cgUedthe Grantee: �� (Wherever used herein the terms "Grantor" and "Grantee" include all the par -ties t0this iDStrUnl8Ot and the heirs, legal representatives and assigns of individuals, and the ououoaaore and assigns of corporations.) WITNESSETH: That the Grantor, for and in consideration of the ounn of TEN AND N{]/ OO 0R1OOO\ DOLLARS, and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, na|eaaee, conveys and confirms unto the Grantee, aUthat ce�ain land situate in --` i|yN|DADE County, Florida, viz: Lots I and 18, [3|mck 3' BAY SHKJFKE' according to the Plat thereof, recorded in Plat Book 5, 116, of the Public Records ofMiami-Dade County, Florida. TOGETHER with all the tenements, hereditonnenta and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TOHOLD, the same infee simple forever. AND the Grantor hereby covenants with said {]rgDUe8 that the Grantor is |avvfVUy seized of said land /n 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 willwilldefend the same against the lawful dais of all persons whosoever; and that said land is free of all encumbrances, except taxes accruing aubeequent'to '~ December 31 2013. IN WITNESS WHEREOF, said Grantor has caused these presents tobeexecuted inits name, and its corporate sea] to be nto affixed by its proper officers thereunto duly authorized, the day and year first above ,v//UC//. 8i ned. delivered inour presence: 59O0BISCAYNEBOULEVARD, LUC'aFlorida limited liability company By: 0 �,./L/~— Just Brmhmmatewmri,asManager OR ELK 29206 PG 3071 LAST PAGE STATE OF FLORIDA ) S.S. COUNTY OF MIAMI-DADE ) The foregoing instrument wa BRAHMATEWARI, as Manager of who is personally known to me ( and did not take an oath. acknowledged before me, this day of June, 2014, by JUST 00 BISCAYNE BOULEVARD, LLC, a Flori a limited liability company, or who has provided his as identification, NOTARY MARCO DE LA CAL MY COMMISSION 0 EE 073504 EXPIPES; July 1, 2015 onded Thru Notary Public UnderwrAers 645.8 210 SW 1261h Coun, An liami, Florida 33103 ano .%. Garcia, PLS M Ph(305)056-4566 Fax (305) 595-1454 Land Surveyor & Planner Property Address: 5900 Biscayne Boulevard, Miami, Florida 33137 Legal Description: Lots 18, Block 3, of "BAYSHORE", according to the Plat thereof, as recorded in Plat Book 5, at Page 116, of the Public Records of Miami -Dade County, Florida. Record Survey Scale 1 "= 20' Inaccessible Corner 1 �i1�-lam LIP Guy I` Anchor 7.50 UE Lot 1, I Block 3 I 1� Lot 17, Block 3 Vacant Lot S 90°00'00" E 71.44' FN S 90°00'00" E 82.55' 4Parkway NE 59th Stree 18' Asphalt Pavement \-2' Curb & Gutter (78' Total R/W) Lot 18, Block 3 R=20' A=20.29' A=58°07'00" FN & Disc PC Location Sketch Not to Scale 1 14 -Ili 7.5015 16 III /�� 17 NE 59th Stree Asphalt Driveway a0 / FN & Disc / There may be easements and/or other instruments affecting this property, recorded in the Public Records not shown on this survey. LEGAL NOTES This Survey does not reflect or determine ownership; Examination of the Abstract of Title will have to be made to determine Recorded Instruments, if any, affecting the property; This Survey is subject to dedications, limitations, restrictions, reservations or easements of records; Legal Description provided by client; The Liability of this Survey is limited to the cost of the Survey; Underground Encroachments, if any, ore not shown; This firm hos not attempted to/ locate fooling and/or foundations and/or underground improvements of any nature; If oh in,( Bearings are referred to an Assumed Meridian; If shown, Elevations are referred 10 Naliol Geodetic Vertical Datum of 1929 (NGVD 1929) Date of Field ork 10-28-2013 Aniano J. Garc 5105 Not va'> witho the signature and -.tie on ggy't ±I raised seal of a Florid licens 'surveyor and Fo 5900 Biscayne Boulevard, LLC Order No 13-0374 Z zzO A = Arc Length; AC = Air Conditioner; AE = Anchor Easement; BC = Block Corner; BM = Bench Mark; BOB = Basis Of Bearings; (C) = Calculated Dimension; CB = Catch Basin; CBS = Concrete Block Structure; CFW = Concrete Fence Wall; CH = Chord Length; CHB = Cho d Bearing; CI = Clear; CML = City Monument Line; CME = Canal Maintenance Easement; Co. = Concrete; DE = Drainage Easement; DME = Drainage & Maintenance Easement; Dr = Drive; E = East; Elev = Elevation; ENCR = Encroached; ETP = Electric Transformer, FDH = Found Drill Hole; FIR = Found Iron Rod; FFE = Finished Floor Elevation; FH = Fire Hydrant; FIP = Found Iron Pipe; FN = Found Nail; FT = Feet; LME = Lake Maintenance Easement; LB = Licensed Business; LFE = Lowest Floor Elevation; LP = Light Pole; (M) = Measured Dimension; ME = Maintenance Easement; MON = Monument; N = North; NGVD 1929 = Notional Geodetic Vertical Datum of 1929; NTS = Not To Scale; OE = Overhead Cables; OH = Over Hang; ORB = Official Record Book; 0/S = Off Set; Pb = Plat Book; PC = Point of Curvature; PCC = Point Of Compound Curvature; POOR = Property Corner; PCP = Permanent Control Point; Pg — Page; PL - Planter or Property Line; PLS = Prole s' n l rind Surveyor; PL.M esaoral Land Sui veyo- and Moppet; FOB Poliit Of Beginning; l00 Point Of Commencement; PBC; tt Point 0f Reverse Curve; PRM = Permanent Reference Monument; PT = Point of Tangency; R = Radius; (R) = Recorded Dimension; RLS = Registered Land Surveyor and Mapper; R/R = Rail Road; R/W = Right Of Way; Sec = Section; T = Tangent; S = South; SIP = Set Iron Pipe With Cap Stamped PLS 5105; UE = Utility Easement; UP = Utility Pole; UTY = Utility; W = West; WF = Wood ,Fq�ence; WM = Water Meter; WV = Water Valve; CL = Centerline; —x— = Chain Link Fence; rLL3 = Concrete Wall; ' = Degrees; A = Central Angle; 0 = Diameter; / = Existing Elevation; ' = Minutes; " = Seconds; = Wood Fence 7210 SW 126th Court, Amiano J. Garcia, PLS Miarni, Florida 33183 Land Surveyor & Planner Ph (305) 856-4566 Fax (305) 595-1454 Property Address: 5907 NE 5th Avenue Miami, Florida 33137 Legal Description: Lots 1, Block 3, of "BAYSHORE", according to the Plat thereof, as recorded in Plat Book 5, at Page 116, of the Public Records of Miami -Dade County, Florida. 583.49.37' W Radial 0.7' Conc Curb z rn 0 20 01 0 FN ur P CB Record Survey Scale 1"= 20' W D a, ai FN Lot 2, Block 3 '1„ W 105 90 51 Vacant Lot Lot 1, Block 3 Curve Data by Calculation R=20' A=29.50' 4=84°30'44" BOB S 90°00'00" E 55.70' N 90°00'00" E 73.90' 4' Parkway NE 59th Street 18' Asphalt Pavement 2' Curb & Gutter (78' Total R/W) FN Location Sketch Not to Scale NE 59th Street Inaccessible Corer r UP / Any Anchor 7'5c. UE / Lot 18, Block 3 L Sidewalk There may be easements and/or other instruments affecting this property, recorded in the Public Records not shown on this survey. EGAL NOTES This Survey does not reflect or determine ownership; Examination of the Abstract of Title will hove to be made to determine Recorded Instruments, if any, affecting the properly; This Survey is subject to dedications, limitations, restrictions, reservations or easements of records; Legal Description provided by client; The Liability of this Survey is limited to the cost of the Survey; Underground Encroachments, if any, ore not shown; This firm has not attempted to locale footing and/or foundations and/or underground improvements of any nature; If show Bearings are referred to on Assumed Meridian; If shown, Devotions are referred to National Geodetic Vertical Datum of 1929 (NGVD 1929) Date of Field WoPl 10-28-20 Not an ono J. Garcia PLSM 5105 out the .._ signature ginal raised ,Seal FYaFida licensed q oeyor Fo 5900 Biscayne Boulevard, LLC and mapper Order No 13-0373 02 ❑ Z Z O Q F 0 < W W A = Arc Length; AC = Air Conditioner; AE = Anchor Easement; BC = Block Corner; BM = Bench Mark; BOB = Basis 0f Bearings; (C) = Calculated Dimension; CB = Catch Basin; CBS = Concrete Block Structure; CFW = Concrete Fence Wall; CH = Chord Length; CHD = Cha d Bearing; CI = Clear; CML = City Monument Line; CME = Canal Maintenance Easement; Cone = Concrete; DE = Drainage Easement; DME = Drainage & Maintenance Easement; Dr = Drive; E = East; Elev = Elevation; ENCR = Encroached; ETP = Electric Transformer, FDH = Found Drill Hole; FIR = Found Iron Rod; FFE = Finished Floor Elevation; FH = Fire Hydrant; FIP = Found Iron Pipe; FN = Found Nail; FT = Feet; LME = Lake Maintenance Easement; LB = Licensed Business; LFE = Lowest Floor Elevation; LP = Light Pole; (M) = Measured Dimension; ME = Maintenance Easement; MON = Monument; N = North; NGVD 1929 = National Geodetic Vertical Datum of 1929; NTS = Not To Scale; OE = Overhead Cables; OH = Over Hang; ORB = Official Record Book; 0/S = Off Set; Pb = Plat Book; PC = Point of Curvature; PCC = Point Of Compound Curvature; PCOR = Property Corner; PCP = Permanent Control Point; Pg = Page; PL = Planter or Property Line; PLS = Professional Land Surveyor; PLSM = Professional Land Surveyor and Mapper; POD = Point Of Beginning; POC = Point Of Commencement; PRC = Point Of Reverse Curve; PRM = Permanent Reference M .moment; PT Point Of Irsingency: Po = Rodius; (R) Peoorded nirnc _n, n PLt2 purveyorr; Registered Lard and Mo,noR/,R Rr I Pool. R/W = Right Of Woy; Sec Section; 7 = Tongent; S = South; SIP = Set Mon Pipe With Cop Stomped PLS 5105; UE = Utility Easerront; UP = Utility Pole; UTI' = Utility; W =West; WF = Wood �Fg�ence; WM = Water Meter; WV = Water Valve; CL = Centerline; —x— = Chain Link Fence; I/ ,r d = Concrete Wall; ' = Degrees; A = Central Angle; 0 == Diameter; l =, Existing Elevation; ' = Minutes; " = Seconds; = Wood Fence