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Home My WebLink AboutPZAB 6-3-15 Supporting DocumentationPZAB.2 File ID: Title: Location: Applicant(s): Purpose: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-004061u Quasi -Judicial A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 53 AND 61 NORTHEAST 41ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" AND "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 53 and 61 NE 41st Street and 50, 58, and 68 NE 42nd Street [Commissioner Keon Hardemon - District 5] Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc. and joint applicant Daniel J. Alfonso, City Manager, on behalf of the City of Miami This will change the above properties from "General Commercial" and "Duplex Residential" to "Major Institutional, Public Facilities, Transportation, and Utilities". Finding(s): Planning & Zoning: Recommends approval. See companion File ID: 15-00406zc. Planning, Zoning and Appeals Board: Planning, Zoning and Appeals Board continued item from May 6, 2015 to July 1, 2015. On May 14, 2015, City Commission directed Planning, Zoning and Appeals Board to hear the item on June 3, 2015. ANALYSIS FOR Future Land Use Map Change PROJECT ADDRESS: 53 and 61 NE 41 Street and 50, 58, and 68 NE 42 Street FILE ID: 15-004061u APPLICANT: Tony Recio, Esquire, on behalf of Institute of Contemporary Art, Miami, Inc., together with joint applicant, the City of Miami COMMISSION DISTRICT: District 5 NET OFFICE: Little Haiti FUTURE LAND USE DESIGNATION: General Commercial REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan designation of five (5) properties. The applicant has proposed for two (2) properties to change from "General Commercial," to "Major Institutional, Public Facilities, Transportation, and Utilities," and three (3) properties to change from "Duplex Residential," to "Major Institutional, Public Facilities, Transportation, and Utilities." A complete legal description of the properties is on file at the Hearing Boards Office. FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." Areas designated as "General Commercial" allow all activities included in the "Restricted Commercial" designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residential structures of a density equal to High Density Multifamily Residential, are allowed subject to the detailed provisions of the applicable land development regulations. The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as "General Commercial" in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Areas designated as "Duplex Residential" allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. DISCUSSION The subject area consists of five (5) parcels comprising approximately 0.644 acres. Two parcels designated "General Commercial" are located on the north side of NE 41st Street, and three parcels designated "Duplex Residential" are located on the south side of NE 42nd Street. The full subject site is located on a block bounded by NE 1st Avenue on the east and N Miami Avenue on the west. The parcels directly to the north are all designated "Duplex Residential." The parcels File Id. 15-00406LU Page 2 of 6 directly to the south are all designated "General Commercial." The parcels directly to the east and west are all designated "Duplex Residential" or "General Commercial." Of note is that the portion of the subject site fronting NE 41st Street is a part of the Miami Design District Retail Street SAP (MDDRS SAP). The rezoning associated with this future land use amendment is requesting this portion of the subject site be removed from the SAP. The applicant is proposing a contemporary art museum and sculpture garden for the subject site. EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION ZONING Subject Properties: Subject Properties: Duplex Residential/General Commercial T3-L/T4-O; Sub -Urban Center Transect Zone Zone Limited/ General Urban Maximum of 18/150 D.U. per acre Transect Zone Open Maximum of 9/36 D.U. per acre Surrounding Properties NORTH: Duplex Residential Maximum of 18 D.U. per acre SOUTH: General Commercial Maximum of 150 D.U. per acre EAST: Duplex Residential/General Commercial Maximum of 18/150 D.U. per acre Surrounding Properties NORTH: T3-L; Sub -Urban Transect Zone Limited Maximum of 9 D.U. per acre SOUTH: T5-O; Urban Center Transect Zone Open Maximum of 65 D.U. per acre EAST: T3-L/T4-O; Sub -Urban Transect Zone Limited/ General Urban Transect Zone Open Maximum of 9/36 D.U. per acre WEST: Duplex Residential/General WEST: T3-L/T4-O; Sub -Urban Transect Commercial Zone Limited/ General Urban Maximum of 18/150 D.U. per acre Transect Zone Open Maximum of 9/36 D.U. per acre ANALYSIS • The parcels on the subject site designated "Duplex Residential" are currently developed to the density and character of the abutting properties designated "Duplex Residential." The parcels on the subject site designated "General Commercial" are currently unimproved. File Id. 15-00406LU Page 3of6 • The MCNP "Interpretation of the 2020 Future Land Use Map" section indicates that the proposed "Major Institutional, Public Facilities, Transportation, and Utilities" future land use designation allows residential uses to a maximum density of 150 dwelling units per acre, or if applicable the least intense abutting/adjacent residential zoning district. The abutting "General Commercial" designation permits 150 dwelling units per acre, and the abutting "Duplex Residential" designation permits 18 dwelling units per acre, yielding an effective maximum density of the subject site of 18 dwelling units per acre. The proposed Future Land Use amendment for the three parcels currently designated "Duplex Residential" would not increase their maximum density, and the proposed Future Land Use amendment for the two parcels currently designated "General Commercial" would decrease their maximum density from 150 du/ac to 18 du/ac. • The two parcels fronting 41st Street are currently a part of the Miami Design District Retail Street SAP. The applicant is proposing a zoning amendment to the SAP Development Agreement to remove these parcels from the MDDRS SAP. This amendment will occur subsequent to this application. • MCNP Land Use Goal LU-1 Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods... (3) promotes and facilitates economic development and the growth of job opportunities in the city. Density is reduced on NE 41st Street protecting the duplex residential neighborhood to the north while fostering economic development in the area. • Policy LU-1.1.1 Development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the Capital Improvements Element, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami -Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(i), F.S.The proposed future land use designation will result in a net loss of dwelling units per acre on the subject site. As such, this application as presented satisfies all required concurrencies, and in some categories increases available capacity. In addition, as the proposed density does not include any increase in dwelling units, it has been determined that a school concurrency analysis is not required for this particular application. See additional concurrency analyses. File Id. 15-00406LU Page 4 of 6 • Land Use Policy LU-1.1.3 provides for the protection of all areas of the city from (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities... The introduction of a contemporary art museum to the subject site will serve as an amenity to the Miami Design District, as well as the adjacent neighborhood. Outreach conducted by the applicant suggests that this use is not viewed as incompatible by residents of the adjacent neighborhood. The project planned for the subject site went before the Miami Historic and Environmental Preservation (HEP) Board on April 10th as a discussion item to get general feedback. No members of the public spoke on the item. The HEP Board members discussed perimeter screening treatment of the parcels fronting the Buena Vista East Historic District, but voiced no opposition to the project as a whole. • Land Use Policy LU-1.1.7 provides that land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. The proposed land use change will improve the commercial mix of the Design District, and provide an amenity within walking distance of the abutting residential neighborhood. • Land Use Policy LU-1.1.11: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. The proposed land use change will provide for the development of two vacant parcels, fulfilling the infill intent of this Land Use Policy. • Land Use Policy LU-1.3.5: The City will continue to promote through its land development regulations, the creation of high intensity activity centers which may be characterized by mixed -use and specialty center development. Such activity centers will be in accordance with the Comprehensive Neighborhood Plan and neighborhood design and development standards adopted as a result of amendments to the City's land development regulations and other initiatives. The proposed land use change will provide for the development of a contemporary art museum in the vicinity of the Miami Design District, enhancing the character of the adjacent high intensity activity center. • Land Use Policy LU-1.4.3: The City will continue to promote an active pedestrian sidewalk environment along the ground floor frontage of buildings on "pedestrian streets" through land development regulations. As an infill project, the provision of a contemporary art museum will activate the sidewalk and improve the pedestrian environment along NW 41 st Street. File Id. 15-00406LU Page 5 of 6 • Land Use Policy LU-1.6.8: The City's land development regulations and policies will encourage and/or require, as set forth in the Parks, Recreation and Open Space element of this plan the provision of open space in development projects in both residential and commercial areas. A portion of the subject site is being allocated to a sculpture garden which, while private, will function as open space for the Design District and the abutting residential neighborhood. • The proposed change of zoning for the parcels fronting NE 41st Street is from T4-O (General Urban Transect Zone Open) with the Miami Design District Special Area Plan overlay to T5-O (Urban Center Transect Zone Open). The proposed change of zoning for the parcels fronting NE 42nd Street is from T3-L (Sub -Urban Transect Zone Limited) to T4-O (General Urban Transect Zone Open). However, staff is recommending the zoning designation of the entire subject site be changed to Civic Institution (CI). This brings the zoning designation more in line with the proposed future land use designation. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends approval of the proposed future land use amendment as presented. �j/ Christopher Brimo Chief of Land Development J. Eisenberg File Id. 15-00406LU Page 6 of 6 FUTURE LAND USE MAP (EXISTING) NW 45TH ST NW 44TH ST 1 Singlet Family ti Residential Th NE 45TH ST NE 45TH ST NE 44TH ST NE 44TH ST NE 43RD ST w coo NE 40TH ST NE 43RD ST Medium Density Restricted Commercial. 0 150 300 I I I I I 600 Feet I ADDRESS: 53-61 NE 41 ST AND 50-68 NE 42 ST FUTURE LAND USE MAP (PROPOSED) NW 45TH ST fl L NW 44TH ST NW 42ND ST Single, Family - Residential 1 NE 45TH ST NE 44TH ST NE 43RD ST Major Instituional Public Facilities Transportation & Utilities NE 42ND ST j Duplex i Residential Commercial 2 NW4ISTST z NW 40TH ST NE 40TH ST NE 39TH ST 1 0 150 300 600 Feet NE 45TH ST Li) cn I— w z 1 NE 44TH ST NE 43RD ST >, 0) .rm C M d c, 13 Medium Density Restricted Commercial E E O 0 ADDRESS: 53-61 NE 41 ST AND 50-68 NE 42 ST Vey .0" It .- it NW144THrST a • tr Is DP A i„,,r + wr'� 111 ao rt ,s1 t 4,;li my ':fir -NI 15. pi'- 11 45; . ,� f' 1 • A„�;4 3 y 1-0 Apr 3 r j 1113020Illet C,BqEMEg w .0ii ei 1 , w a a' z NE 42ND'ST. NW41 ST ST '1111T'y r 'll co IF., . ,...., ,, NE38THST NE38THS' r = re ° - ,r� a,:iss^;-51P- .al, z1l%starGeograpta N / irbu USDA, USGS, AEX, Getrnappmg, •erogr •, , ' epfi�a'sie a Community - - -- 195. - - - • ...11t NE'40THST " ' # 6 -"di 39TH'ST PPP w . z Sim 0 150 300 600 Feet I ADDRESS: 53-61 NE 41 ST AND 50-68 NE 42 ST City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-004061u Final Action Date: A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" AND "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 53 and 61 NE 41st Street and 50, 58, and 68 NE 42nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc. and joint applicant Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File ID 15-00406zc. PURPOSE: This will change the above properties from "General Commercial" and "Duplex Residential" to "Major Institutional, Public Facilities, Transportation, and Utilities". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 6, 2015, deferred this item to July 1, 2015; and WHEREAS, the City Commission, at its meeting on May 14, 2015, directed the Miami Planning, Zoning and Appeals Board to hear this item on June 3, 2015; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 3, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item no. *, recommending *of the Future Land Use Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this City of Miami Page 1 of 3 File Id: 15-004061u (Version: 3) Printed On: 5/26/2015 File Number: 15-004061u change of land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of 0.644± acres of real properties at approximately 53 and 61 Northeast 41 st Street and 50, 58, and 68 Northeast 42nd Street, Miami, Florida, from "General Commercial" and "Duplex Residential" to "Major Institutional, Public Facilities, Transportation, and Utilities"; as depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small scale Future Land Use Map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern as designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Density will be "Major Institutional, Public Facilities, Transportation, and Utilities", 18 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and (f) The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the reviewing agencies pursuant to §163.3184, Florida Statutes; and any other person or entity requesting a copy. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 2 of 3 File Id: 15-004061u (Version: 3) Printed On: 5/26/2015 File Number: 15-004061u Section 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 15-004061u (Version: 3) Printed On: 5/26/2015 EXHIBIT A LEGAL DESCRIPTION Lots 4, 5, 6, 19, and 20, plus the Western '/2 of Lot 21 of Block 8, BILTMORE Subdivision, according to the plat thereof, recorded in Plat Book 6 at Page 67 of the public Records of Miami - Dade County, Florida Proposal Nt:15-004061u Date: 4/16/2015 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Tony Recio, Esq. on behalf of the Institute of Contemporary Art, Miam Address: 53 and 61 NE 41 ST Boundary Streets: North: NE 42 St South: NE 41 ST Proposed Change: From: To: East: West: General Commercial Major Institutional, Pub Fac, Transp, and Utilit Existing Designation, Maximum Land Use Intensity Residential 0.3000 acres @ 150 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.3000 acres @ 18 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name NE 1 Ave N Miami Ave 45 DU's 36 0 sq.ft. 5 DU's 3 0 sq.ft. 0 -102 -40 -34 Little Haiti 308 E3 109 N Miami Ave , Inc. RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff -102 -0.13 182.80 182.93 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff -102 -22,797 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff -102 -18,828 See Note 1. See Note 1. WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g (See attachment 1) SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff -102 -130 800 930 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff -102 -34 B B OK NOTES: 1. Permit for sanitary sewer connection must be issued by Metro Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known. Duplex Residential allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted Concurrency management requirements. "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to 'High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as 'Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Pubic Facilities, Transportation and Utilities' in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated 'Major Institutional, Public Facilities, Transportation and Utilities in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. CM_1_IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. Proposal Nc 15-004061u Date: 4/16/2015 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Tony Recio, Esq. on behalf of the Institute of Contemporary Art, Miam Address: 50, 58, and 68 NE 42 ST Boundary Streets: North: NE 42 St East: NE 1 Ave South: NE 41 ST West: N Miami Ave Proposed Change: From: Duplex Residential To: Major Institutional, Pub Fac, Transp, and Utilit Existing Designation, Maximum Land Use Intensity Residential 0.3400 acres @ 18 DU/acre 6 DU's Peak Hour Person -Trip Generation, Residential 5 Other sq.ft. @ FLR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.3400 acres @ 18 DU/acre Peak Hour Person -Trip Generation, Residential Other sq.ft. @ FLR Peak Hour Person -Trip Generation, Other Net Increment With Proposed Change: Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Basin Solid Waste Collection Route Transportation Corridor Name 6 DU's 3 0 sq.ft. 0 0 0 -2 Little Haiti 308 E3 109 N Miami Ave , Inc. RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0.00 182.80 182.80 OK POTABLE WATER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 >2% above demand >2% above demand OK SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 See Note 1. See Note 1. WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change Exfiltration System After Change Concurrency Checkoff On -site On -site OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g (See attachment 1) SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 800 800 OK TRAFFIC CIRCULATION Population Increment, Residents Peak -Hour Person -Trip Generation LOS Before Change LOS After Change Concurrency Checkoff 0 -2 B B OK NOTES: 1. Permit for sanitary sewer connection must be Issued by Metro Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known. Duplex Residential allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to °High Density Multifamily Residentiar or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as °Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated °Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. CM_1_IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. ATTORNEYS AT LAW 2525 PONCE DE LEON BOULEVARD, SUITE 700 CORAL GABLES. FLORIDA 33134 WWW.WSH-LAW.COM April 16, 2015 TONY RECTO, ESQ. TRECIO®WSH-LAW.COM r- VIA HAND DELIVERY c.n 310 - x Mr. Francisco Garcia � • 7 Planning Director rn -°,.t, City of Miami .11 444 SW 2nd Avenue, 3rd Floor = r' Miami, Florida 33130 w --+ tlt ran � x Re: Supplemental Letter of Intent in Support of Applications for ComprehensivT Neighborhood Plan ("Comp Plan") Amendment and Rezoning of the Properties at 53-61 NE 41 Street, and 50-68 NE 42 Street to Allow Construction of the Institute for Contemporary Art Dear Mr. Garcia: As you know, our firm represents the Institute of Contemporary Art, Miami, Inc. ("ICA Miami") in connection with the development of properties it owns at 53 NE 41 Street, 61 NE 41 Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street (collectively, the "Property"). Please accept this letter as a supplement to ICA Miami's pending applications for Comp Plan Amendment and Rezoning of the Properties (the "Applications"). The Applications request to change the entire Property's Comp Plan designation to "Major Institutional, Public Facilities, Transportation, and Utilities," to change the zoning of the Property's three "North Parcels" from T3-L to T4-O, and to change the zoning for the Property's two "South Parcels" to T5-O. That said, it is our understanding that you and your staff would prefer that the entire Property were rezoned to CI and you intend to recommend the same to the City Commission —we fully agree with and welcome the recommendation. As we have discussed, ICA Miami does not intend to construct a building on the North Parcels but instead wishes to use the parcels as a sculpture garden. That said, ICA Miami is sensitive to the fact that the North Parcels are in a residential neighborhood and recognizes that the potential CI zoning for the North Parcels could allow redevelopment of the Property consistent with abutting zones —including the more commercial areas located to the south. I am writing to ease any concerns that might arise with respect to future development of the North Parcels. Again, ICA does not contemplate any redevelopment of the North Parcels except to construct a sculpture garden. In the event that the North Parcels are rezoned to CI, ICA would CORAL GABLES, FLORIDA FORT LAUDERDALE, FLORIDA 305-854-0800 954-763-4242 Ms. Francisco Garcia April 9, 2015 limit any future redevelopment of the North Parcels to a height of 23 feet a height that is commensurate with the surrounding residential neighborhood. Thank you for your assistance with this matter. We look forward to working with you and your staff to process these applications as quickly as possible, and to your favorable recommendation. Please contact me if you would like to discuss the foregoing or if I can be of any assistance. TR/ 2873.001 cc: Vanessa Acosta, Esq. Schiller Jerome, Buena Vista East Very Truly Yours, Tony Recio 2 OF 2 WEISS SEROTA HELFMAN GOLE & BIERMAN, P.L. MITCHELL BIERMAN, P.A. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, 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 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 MATTHEW PEARL JOHN J. QUICK ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN ALISON F. SMITH ERIC L. STETTIN MARC SOLOMON LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L. VIA HAND DELIVERY 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.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 Ms. Olga Zamora Chief of Hearing Boards City of Miami 444 SW 2"d Avenue 3rd Floor Miami, Florida 33130 *OF COUNSEL **SENIOR COUNSEL March 2, 2015 MATEO ARIAS ELISA N. BRAMBLE SONJA C. DARBY DANIEL A. ESPINO BRADLEY A. FISHBURGER PAUL R. GOUGELMAN ERIC P. HOCKMAN SCOTT M. HYMAN KELLY RAINS JESSON KAREN LIEBERMAN• JUSTIN D. LUGER MIA R. MARTIN ALEIDA MARTINEZ MOLINA* EDWARD MARTOS TERENCE L. MCKINLEY• KATHRYN M. MEHAFFEY ROBERT A. MEYERS• GILBERTO PASTORIZA•• MARC C. PUGLIESE" GAIL D. SEROTA* ANTHONY C. SOROKA EDUARDO M. SOTO• ALAN SCHWARTZSEID PABLO A. TAMAYO JOANNA G. THOMSON PETER D. WALDMAN• ALICIA H. WELCH SAMUEL I. ZESKIND Re: Letter of Intent in Support of Applications for Comprehensive Neighborhood Plan ("Comp Plan") Amendment and Rezoning of the Properties at 53-61 NE 41 Street, and 50-68 NE 42 Street to Allow Construction of the Institute for Contemporary Art Dear Ms. Zamora: Our firm represents the Institute of Contemporary Art, Miami, Inc. ("ICA Miami") in connection with the development of properties it owns at 53 NE 41 Street, 61 NE 41 Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street (collectively, the "Property"). ICA Miami is seeking to develop the Property as a museum of contemporary art, a civic building financed through private donations that promises to be South Florida's premier museum displaying extensive collections of the most innovative and exciting contemporary artists in the world. The purpose of the enclosed applications (the "Applications") is to amend the Comp Plan designation and zoning transect of the Property to a designation and transect that is consistent with 1 of 4 w—a Ms. Zamora March 2, 2015 development of a civic building housing civic functions. Because of the civic nature of the use, the City of Miami (the "City") is a co -applicant.' ICA Miami is dedicated to promoting the work of contemporary artists, and to the exchange of art and ideas throughout the City, County, and internationally. Through its art collections, an energetic calendar of events, and regular programming, ICA Miami has provided an international platform for the work of established and emerging artists, has advanced the public's appreciation and understanding of today's most innovative and experimental art, and has left an indelible mark on Miami's arts community. Formerly connected to the Museum of Modern Art in North Miami, ICA Miami seeks its own home, and has chosen the City, and specifically its emerging Design District as the right location. Before ICA Miami's new home can be constructed, however, the Property's land use and zoning designations must be changed to designations that will permit the proposed use. The Property is currently split between two sets of land use and zoning designations as illustrated below. EXISTING LAND USE DESIGNATIONS NLnt •5'. Duplex Residential EXISTING ZONING ROE am St Note: The northern three parcels that make up the property are located within the Buena Vista East Historic District. The three northern parcels that make up the Property (the "North Parcels") are currently Comp Plan designated Duplex -Residential and zoned T3-L. The North Parcels are also located within ' The City's Zoning and Planning Departments have reviewed both Applications. A copy of the Zoning Department's referral is enclosed. The Planning Department's review is indicated by Mr. Brimo's initials at the top right corner of the Applications. Please note the Zoning Department's comment with respect to the rezoning Application's compliance with Miami 21 Section 7.1.2.8.c.1. Miami 21 Section 7.1.2.8.c.1 is indicated in the highlighted portion of the attached letter to Ms Hegedus, Zoning Administrator, which explanation is restated in this letter. 2 of 4 WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L. Ms. Zamora March 2, 2015 Buena Vista East Historic District. The Property's two southern parcels (the "South Parcels") are Comp Plan designated General Commercial and zoned T4-O within the Miami Design District Retail Street SAP (the "MDDRS SAP"). To allow the proposed contemporary art museum, ICA Miami seeks to change the entire Property's Comp Plan designation to "Major Institutional, Public Facilities, Transportation, and Utilities." With respect to the Property's zoning, ICA Miami believes that the most appropriate zoning designation for the proposed use would be Civic Institutional (CI). Because the Property does not meet the area requirement in Miami 21 Section 7.1.2.8.c.12 however, ICA Miami instead makes a two-part request: (a) to rezone the North Parcels from T3-L to T4-O; and (b) to rezone the South Parcels from T4-O and MDDRS SAP to T5-O. Despite this request, ICA Miami would support the Planning Director's recommendation to rezone the entire Property to Civic Institutional (CI) instead. Analysis Pursuant to Miami 21 Section 7.1.2.8.c.2(g) The proposed rezoning complies with the successional table listed in Miami 21 Section 7.1.2.8(a)(3) and is consistent with the overall pattern of development in the Property's surrounding neighborhood.3 Further, the proposed museum use is appropriate in that it will play a supporting function for both the residential neighborhood immediately north of the Property and the commercial neighborhood to its south. In accordance with Miami 21 Section 7.1.2.8.c.2(g), the enclosed Applications include an aerial map of the Property's vicinity, a copy of the zoning atlas showing the zoning within a one-half mile radius of the Property, and photos of buildings within 300 feet of the Property. As the enclosed materials illustrate, the Property lies on the border between the predominantly commercial Miami Design District to the south and the predominantly residential Buena Vista East Historic District to the north. The proposed museum use will create a civic buffer between these two areas. In fact, ICA Miami's current conceptual site plan for the Property (see enclosed)4 would transform the Property's three northern parcels into a park -like open space for the outdoor exhibit of art and as a potential community gathering space. The enclosed portion of the museum building would be set back approximately 100 feet from the Property's north property line and would be located entirely on the Property's south parcels. In other words, the portion of the Property that is currently zoned T3-L will effectively become open space. The proposed museum will serve as both a resource to the local community and an anchor to the regional and international shoppers lured by Miami's Design District. 2 Miami 21 Section 7.1.2.8.c.1 reads: "Except where the proposal for rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street...." 3 Rezoning the Property to CI also complies with the successional table of Miami 21 and would also be consistent with development in the surrounding neighborhood in that Miami 21's development standards for CI zoning require that development be compatible with neighboring properties. 4 The enclosed site plan is merely conceptual and is provided only as an example of ICA Miami's current vision for the Property. Development of a museum within a T4-O or T5-O district requires the issuance of a Waiver. Development of a museum on a CI -zoned property requires issuances of an Exception. ICA Miami is working with Planning Department staff to develop a site plan for the required Exception and looks forward to formally submitting such a site plan for approval in the near future. 3 of 4 WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L. Ms. Zamora March 2, 2015 In light of above, the enclosed materials, and additional information we will be providing at and in the lead up the necessary public hearings before the PZAB and City Commission, we respectfully that the City approve the enclosed Applications. Please schedule these for hearing before the PZAB at the next available meeting. Please contact me if you would like to discuss the foregoing or if I can be of any assistance. cc: Mayor Tomas Regalado Norman Braman Stephen Helfman Vanessa Acosta Edward Martos Enclosures 2873.001 Very Truly Yours, 4 of 4 WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L. COMPREHENSIVE PLAN APPLICATION '�✓ Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Tony Recio, Esq. on behalf of Institute of Contemporary Art, Miami, Inc., together with joint applicant, the City of Miami 7,7 2. Subject property address(es) and folio number(s): 53 NE 41 Street(01-3124-024-13M), ea, NE 41 Street (01-3124-024-1330), 50 NE 42 Street (01-3124-024-1'20), 58 NE 42 Street 1-324-024- 1210), and 68 NE 42 street (01 3124-024-1200) %" 3. Present designation(s): General Commercial and Duplex -Residential ,r- 4. Future designation(s): Major Institutional, Public Facilities, Transportation, and Utilities t � 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163.3184(3)(e)? A rezoning is being requested concurrent with this application. If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the ;ast year? If so, when? No 7. Do you own any other property within 200 feet of the subject property? No If yes, has the property been granted a Land Use Change within the last year? N/A 8. One (1) original, two (2) 11x17" copies and one (1) 8'hx11 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. 9. 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. 10. 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. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. 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. 15. Certified list of owners of real estate within 500 feet of the subject property. Rev. 07-2013 2 COMPREHENSIVE PLAN APPLICATION 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. 18. The subject property(ies) cannot have any open code enforcement/lien violations. 19. What is acreage of the project/property site? 0.644 acres (28,085 sq ft) - ribtAb,.. 20. What is the prse of this application/nature of proposed use? Contemporary Art I seuvilltoi 21. Is the property within the boundaries of a historic site, historic district or archeol ica ,e? Please contact the Planning and Zoning Department on the 3rd Floor for information, Ythe Buena Vista East Historic District 'c 22. Is the property within the boundaries of an Environmental Preservation District? PleaseL?_pntt the Planning and Zoning Department on the 3rd Floor for information. No. "-} -rs r- 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. No 24. What would be the anticipated duration of the presentation in front of the: 2'Planning, Zoning and Appeals Board 20 minutes and/or O'City Commission 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package 20 minutes $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature Name Tony Recio Telephone 305-854-0800 Address 2525 Ponce De Leon Blvd, Ste 700 E-mail Coral Gables, Florida 33134 trecio@wsh-law.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 9th day of April, 2015, by Tony Recio, Esq., who is an agent of Institute of Contemporary Art Miami, Inc. a Florida non-profit •rporation. He is personally known to me and who did (did not) take an oath. (Stamp) Signature tot.':: P.kc MARILYN SOMODEVILLA * MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 oe Bonded Thai Budget Notary Services Rev. 07-2013 3 COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared roNyREiio dN /5V11Av OP �Nsrir/16 4 ColvrEMfotiMlly Aar, M;,er►%I rpdr, , who being by me first deposes and says: 1. That he/she is the owner or the legal c epresentati'ie of Mr e owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition,X including or 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. To t / Ipplic_ ar�t(s) �Va�e tNsmI r.i fore vy LoNr ityd y STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Applicant(s) Signature The foregoing was acknowledged before me this 13th day of February 2015, by Totiy R Ecia , Esq. who is a(n) individual/partner/agent/corporation of Institute of Contemporary Art Miami, Inc. a Florida non-profit corporation. He is persvrraffq-krreiam to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature o1Par rpe MARILYN SOMODEVILLA MY COMMISSION # EE 116532 EXPIRES: September 13, 2015 Bonded Thru Budget Notary Services Rev. 07-2013 4 COMPREHENSIVE PLAN APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested part'es, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Institute of Contemporary Art Miami, Inc. Percentage of Ownership 100% Subject Property Address(es) 50, 58, and 68 NE 42 Street; and 53 & 61 NE 41 Street, Miami Florida The Institute of Contemporary Art Miami Inc is a Florida noi-profit corporation. A list of current board members is attached as Exhibit "B" 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): None rowy IRectu Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 1 it by %v�y (E ci , Esq., who is Inc. a Florida non-profit corporation. He is ponal as identification and who did (did not) take (Stamp) s) or Owne Attorney Signature /3r' day of renarMtty an agent of Institute of Contemporary Art Miami, ly known td'T or who has produced an oath. Signatur P TEOF F%- MARILYN SONVuL `;:LLA * MY COMMISSION # EE 116532 EXPIRES: September 13,2015 Bonded Thru Budget Notary Services Rev. 07-2013 5 EXHIBIT A LEGAL DESCRIPTION Lots 4, 5, 6, 19, and 20, plus the Western %2 of Lot 21 of Block 8, BILTMORE Subdivision, according to the plat thereof, recorded in Plat Book 6 at Page 67 of the public Records of Miami - Dade County, Florida EXHIBIT "B" 2014 BOARD OF DIRECTORS FOR PROPERTY OWNER/APPLICANT INSTITUTE OF CONTEMPORARY ART, MIAMI, INC. Irma Braman, Chair Ray Ellen Yarkin, Chair/President Sheldon Anderson, Vice Chair Andrew Smulian, Vice Chair Paula Morabito, Treasurer Janice Lipton, Secretary Executive Committee Board of Trustees Tom Bloom Ella Fontanals-Cisneros Michael Collins, Chair Emeritus Aldona Czernecka Dr. Kira Flanzraich, Chair Emeritus Jorge Gonzalez Barbara Herzberg Joanne Katz Jan Lewis Diane Lieberman Arlene Mendelson Evan Reed Joan Levien Robertson Raquel Scheck Lenore Sender Jackie Soffer Deepak Soni Debi Wechsler Honorary Trustees Rosalind Jacobs Cindi Nash 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: Tony Recio (First Name) (Middle) (Last Name) HOME ADDRESS: 2525 Ponce de Leon Blvd., Ste. 700 (Address Line 1) (Address Line 2) CITY: Coral Gables STATE: Florida ZIP: 33134 HOME PHONE: 3 0 5 8 5 4 0 8 0 0 CELL PHONE: 3 0 5 9 9 2 6 8 4 7 FAX: EMAIL: trecio@wsh-law.com BUSSINESS or APPLICANT or ENTITY NAME Institute of Contemporary Art, Miami, Inc. c/o Tony Recio BUSINESS ADDRESS: 2525 Ponce de Leon Boulevard, Ste. 700 (Address Line 1) Coral Gables, Florida 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. Comprehensive Plan Amendment to Major Civic Use and rezoning to T4-0 / TS-0 and outside the MDDRS SAP all in order to allow construction of a contemporary art musesum. 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 ❑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. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Signature ()My RrC1'0 Print Name Sworn to and subscribed before me this /3 11 day of f 4,1.'A , 211 foregoing ed before me byThe instrument was acknowledged f rO/vy ��G/ l� who has produced as identification and/or isjjersonally known to me and who did/did not take an oath. STATE OF FLORIDA F A/ " CITY OF MIAMI MY COMMISSION Notary EXPIRES: tPp Y Pus p ; %et, MARILYN SOMOUEVILLA MY CO M!Ssp # EE 116532 * },_y-- * Enclosure(s) s`" ��!' EXPIR{epiE;mmbee 13, 2015 �44.OF Fl.P��P Bonded Thru Budget NotaryServices Doc. No..86543 Page 2 CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that s/he is the je 4-cur of the institute of Contemporary Art, Miami, Inc., a Florida not -for -profit corporation, e "Company") and that the following is a true and correct copy of the resolutions adopted by the Board of Trustees on January 20, 2015. RESOLVED by the Board that the Company approves of the filing with the City of Miami of Application for Land Use Change, Rezoning, for Exception(s), and for any related requests (collectively, the "Applications") for the properties located at 53 NE 41 Street, 61 NE 41 Street, 50 NE 42 Street, 58 NE 42 Street, and 68 NE 42 Street, all in Miami, Florida; and be it FURTHER RESOLVED that the Irma Braman, Ray Ellen Yarkin, Janice Lipton, and the undersigned are authorized to execute any and all documents on behalf of the Company; and be it FURTHER RESOLVED that Steven Helfrnan, Esq., Tony Recio, Esq. and Edward Martos, Esq., of the law firm of Weiss, Serota, Helfman, Cole, Bierman, & Popok, P.L., are authorized, directed and empowered to execute any and all application forms, petitions, and other documents necessary to effectuate the Applications, and to represent the Company at all meetings and hearings in connection with 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 Zel_ day of January, 2015. INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida not -for -profit corporation Print Name: v Its: l / C &= / 770 STATE OF fiery d4 COUNTY OF ;o(e_ ) I hereby certify that before me, an officer duly qualified to take acknowledgments, personally appeared ,%"yLe ,l>irki , as of the Institute of Contemporary Art, Miami, Inc., a Florida not -for -profit corporation, who is personally 1TC10Wri to me or who has produced as identification and who execute the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did not take an oath. WITNESS my hand and official seal this day of January, 2015. SI ATURE 0 PERSO AKING AKNOWLEDGEMENT (stamp Notary Public State Of Florida Janice Barney y,c. My Commission EE123891 of M1 Expires O8/21/2015 City of Miami Public School Concurrency Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * Institute for Contemporary Art, Miami Application Phone * 305-854-0800 Application Email * trecio@wsh-law.com and emartos@wsh-law.com Application Address * 2525 Ponce De Leon Bvld, St. 700 Coral Gables, Florida 33134 Contact Fields Information Contact Name * Tony Recio or Edward Martos Contact Phone * 305-854-0800 Contact Email * trecio@wsh-law.com and emartos@wsh-law.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3124-024-1320 Additional Folio Number 01-3124-024-1330; -1220; -1210; -1200 Total Acreage * 0.644 Proposed Land Use/Zoning * Major Inst., Public Fac., Trans., and Utilities Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 0 Total # of Units * 0 Redevelopment Information (MUSPs) - Re -development applications 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 govemment. 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 shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields forApplication * EQwdRd MA a(t,j Owners)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner(s)/Attorney/Alicant Signature The foregoing waad� acknowled ged before me the I day of A PIZ 1 / 20 / ,by GDWARo MArtru5 who is a(n) individual/partner/mut/corporation of ,Cpi T O$ COMn. Agri 44;4^i a(n) individual/partnership/£prporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. o P • �B( � � +* Y COMMISSION # EE 116b 2 Signatu' P EXPIRES: September 13,2015 TFOF F`OQ'�O Bonded Thru Budget Notary Services Cenvtezr€o Acv-uc-c, q/9/is (Stamp) 111111111111111111111111111111111111111111111 CFN 2014-R0881115 OR Bk 29443 F'9s 0309 - 310; (2pss) RECORDED 12/24/2014 11:49:21 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA MIAMI-DADE COUNTY COVER SHEET DOCUMENT TITLE: CERTIFICATE OF GOOD STANDING LEGAL DESCRIPTION: NONE NOTE TO CLERK: NONE Book29443/Page309 CFN#20140881115 Page 1 of 2 OR Elk 294-4-3 PG 0310 iA PAGE 1Jti•1. � i• •• !•! • •R•!q�1•4•!U(��iviS'i ivSl f i•siJi•••i••5• ••i•isi•• • •• i• vis• i•U•i �•i e.>�•i•igi••iL•I•a rva �I%-!1%-1/1R7/iNai�nn�:r4,n-.4Nr�iRn • . .ca • fi". •r nRN411• \s% - - ail ? R A S 4s • C •• • • • • ti • • �nC • Elmartment of *tat, I certify from the records of this office that INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., is a corporation not for profit organized under the laws of the State of Florida, filed on July 1, 2014. The document number of this corporation is N14000006264. I further certify that said corporation has paid all fees due this office through December 31, 2014, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. CR2E022 (1-11) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Nineteenth day of December, 2014 VPAk fai eA rn Pr fz r gsExrrtargr rf „Sfafr • • • • • • • • • • L ��Y irSn � �Ll �7✓S •)/1rn • !a�1 • !-S • lS�SI� GCS � I!-S�l• ! •Ty • i�S • LS�I'Tir-1 � If-y � f11 • y i �!�Sv.�h`Tl4j�l�LyvlL U7lS i Lti •�!S i iG1� i/-�y � ;G 4 IN i\P, • rnS ny rn�i.Al N Jul Ver •l`.V O s`?7 •1\ �11 t 1 V4 S i11 N-4 • al l's lti r r4 • Nei • Nor 1�'?r• V i N.0.7 a(•N 7,f 1 IR.1I • Itiai . l o1 ! 1%T,1 0 NO • S Book29443/Page310 CFN#20140881115 Page 2 of 2 111111111111111111111111111111111111111111111 PREPARED BY AND RETURN TO: JAN A. YELEN YELEN & YELEN, P.A. 1104 Ponce de Leon Boulevard Coral Gables, Florida 33134 Property Appraisers Parcel Identification Number(s): 01-3124-024-1200 f:1F' N +2O14RO.85_5u8' u DR Bk 29429 Pss 0390 - 391; (2P95) RECORDED 12/15/2014 13:24:46 DEED DOC: TAX 4r200.00 SURTAX 3450.00 150.00 HARVE`r` RUVIFIr CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA (Space Above This Line for Recording (Data) THIS WARRANTY DEED made the h day of December, 2014 by MARIE ANNE ST. JEAN, a single woman, hereinafter called the grantor, to INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida Non -Profit Corporation, whose post office address is 4040 N.E. 2nd Avenue, Suite 407, Miami, Florida 33137, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys and confirms unto the grantee, all that certain land situate in Miami -Dade County, Florida, to wit: Lot 4, Block 8, BILTMORE ADDITON, according to the Plat thereof, as recorded in Plat Book 6 at Page 67 of the Public Records of Miami -Dade County, Florida. Subject to taxes for the year 2015 and all subsequent years. Subject to easements, restrictions, limitations and reservations of record. This shall not serve to reimpose any restrictions, etc. previously abandoned or terminated. 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 grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend that same against the lawful claims of all persons whomsoever. Book29429/Page390 CFN#20140855888 Page 1 of 2 OR BK 29429 PG 0391 LAST PAGE Warranty Deed -Page Two Parcel Identification Number(s): 01-3124-024-1200 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: tiati-giqrrimi a19-67)1 MARIE ANNE ST. JEAN 3122 N.W. 13th Avenue Miami, Florida 33142 Print Witness Name Witness Signature 6/n Print Witness Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this J day of December, 2014 by MARIE ANNE ST. JEAN, who is personally known to me or who has produced 6_,&WPP..a to as identification. JANA.YELEN * MY COMMISSION t FF 052384 EXPIRES: September 17, 2017 *two, BendedibrvendsONAaryStrvfcee Book29429/Page391 CFN#20140855888 Page 2 of 2 This Document Prepared By and Retum to: JAN A. YELEN ' YELEN & YELEN PA 1104 Ponce de Leon Blvd Coral Gables, FL 33134 Parcel ID Number: 01-3124-024-1220 SPECIAL WARRANTY DEED 1111I 1111111111111111111111111111111111111111 _FN 217.11 5Ft0 $23830 OR Bk 29463 Ps 0460; (1n9) RECORDED 01/13/2015 14:33:32 DEED DOC TAX 0.60 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE THIS INDENTURE made this i *day of January, 2015 between TRADE WINDS MIAMI LLC, a Delaware Limited Liability Company, whose address is 4040 N.E. 2nd Avenue, Suite 407, Miami, Florida 33137, Grantor and INSTITUE OF CONTEMPORARY ART, MIAMI, INC., a Florida Not -for -Profit Corporation, whose address is 4040 N.E. 2nd Avenue, Suite 407, Miami, Florida 33137, Grantee. WITNESSETH that the Grantor, for and in consideration of the sum of ($10.00) TEN AND 00/100 DOLLARS and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Miami -Dade, in the State of Florida to wit: Lot 6, Block 8, BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, Page 67 of the Public Records of Miami -Dade County, Florida. Subject to taxes for 2015 and all subsequent years. Subject to easements, restrictions, limitations and reservations of record. This shall not serve to impose any restrictions, etc. previously abandoned or terminated. Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and warrants the title against the lawful claims of all persons claiming by, through, and under it but not further otherwise. IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence. Delaware Limited Liabili. .mpany Witness Sig trltre�,( Print Witness N me Witns Signature Print Witness Name TRADE WINDS MIAMI LLC, a By: JAN A. Y STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this �4'1— day of January, 2015 by JAN A. YELEN as Manager of TRADE WINDS MIAMI LLC, a Delaware Limited Liability Company, who is personally known to me or has produced gym" HELENE M. RIGGER GOMM SSION # EE 167251 ts Pf Boridea EXPIRES: Notary Public lindenkribs as identification. Book29463/Page460 CFN#20150023830 Page 1 of 1 'This Doctiment Prepared By and Return to: JAN A. YELEN YELEN & YELEN PA 1104 Ponce de Leon Blvd Coral Gables, FL 33134 Parcel ID Number: 01-3124-024-1210 11111111111111111111111111111111111111111111 SPECIAL WARRANTY DEED CFN 2014R0884543 OR Bk 27445 Ps 05111 (1pg) RECORDED 12/29/2014 11217:35 DEED DOC TAX 0.60 HARVEY RUVIU, CLERK OF COURT .1IANIT DADE COUNTY, FLORIDA LAST PAGE THIS INDENTURE made this Of day of November, 2014 between MPDD LLC, a Florida Limited Liability Company, whose address is 3841 N.E. 2nd Avenue, Suite 400, Miami, Florida 33137, Grantor and INS 111 UE OF CONTEMPORARY ART, MIAMI, INC., a Florida Not -for -Profit Corporation, whose address is 4040 N.E. 2nd Avenue, Suite 407, Miami, Florida 33137, Grantee. WITNESSETH that the Grantor, for and in consideration of the sum of ($10.00) TEN AND 00/100 DOLLARS and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Miami -Dade, in the State of Florida to wit: Lot 5, Block 8, BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, Page 67 of the Public Records of Miami -Dade County, Florida. Subject to taxes for 2015 and all subsequent years. Subject to easements, restrictions, limitations and reservations of record. This shall not serve to impose any restrictions, etc. previously abandoned or terminated. Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and warrants the title against the lawful claims of all persons claiming by, through, and under it but not further otherwise. IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Act ckQ Witness Signatu \ck-ec &C\Cki3Vck Print Witness Name (ath1ft Witness Signature A I i e ►'A P. W E ICI-4 Print Witness Name STATE OF FLORIDA COUNTY OF MIAMI-DADE MP invited Liability Company ;Mak G N, Manager The foregoing instrument was acknowledged before me this Ord day of November, 2014 by STEVEN GRETENSTEIN, as Manager of MPDD LLC, a Florida Limited Liability Company, who is personally known to me medtteed ay -ides- ion AWCIAM.016•WELCH * MY COMMISSION 1 EE 85927E ,r' t EXPIRES: April 18,2017 TFOF FLco�° Bonded Theo Budget Notary Services Notary Public Book29445/Page511 CFN#20140884543 Page 1 of 1 111111111111111111111111111111111111111111111 This instrument prepared by: Linda Ebin-Levine, Esq. Design District Management, Inc. 3821 NE 2'd Avenue, Suite 400 Miami, FL 33137 Grantee's Tax ID No. [Space Above This Line For Recording] CFH 20014-R0881114 OR Bk 29443 F'ss 0295 - 3008; (14nss) RECORDED 12/24/2014 11:49:21 DEED DOC TAX 0.60 HARVEY RUVINr CLERK OF COURT tilAtiI-DADE COUNTY: FLORIDA Special Warranty Deed This Special Warranty Deed made this day of December, 2014 ("Effective Date"), between MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, whose post office address is 3841 NE 2"d Avenue, Suite 400, Miami, Florida 33137 ("Grantor"), and INSTITUTE OF CONTEMPORARY ART, MIAMI, INC., a Florida not -for -profit corporation, whose post office address is 4040 NE 2"d Avenue Suite 200 Miami, Florida 33137 ("Grantee"): (Whenever used herein the terms Grantor and Grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said Grantor, for good and valuable considerations to said Grantor from said Grantee, the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained, and conveyed to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida ("Property"), to -wit: Lots 19, 20 and the West Y2 of Lot 21, Block 8, of BILTMORE, according to the Plat thereof, as recorded in Plat Book 6, at Page 67, of the Public Records of Miami -Dade County, Florida. Property Appraiser's Identification No's. 01-3124-024-1320 and 01-3124-024-1330 SUBJECT TO: 1. Taxes for the year 2015 and subsequent years; 2. Zoning restrictions, prohibitions and other requirements imposed by governmental authority; and 3. Restrictions, limitations, covenants, easements, rights of way, conditions, encumbrances, and other matters of record (none of which are intended to be reimposed by this conveyance). NOTE TO RECORDER: THE SUBJECT PROPERTY IS BEING CONVEYED PURSUANT TO A DONATION AGREEMENT BETWEEN GRANTOR AND GRANTEE WHEREBY GRANTOR AGREED TO DONTATE THE PROPERTY TO GRANTEE. ACCORDINLY, NO DOCUMENTARY STAMP TAXES OR SURTAXES ARE DUE PURSUANT TO FLORIDA ADMINISTRATIVE CODE SECTION 12B-4.014(2)(a). 1 1032309.v2 Book29443/Page295 CFN#20140881114 Page 1 of 14 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 Grantor does hereby fully warrant the title to said land, and will defend the same against all lawful claims of all persons claiming by, through or under Grantor, but against none others. And this conveyance is made and accepted subject to the following restrictive covenants ("Deed Covenants"), which shall run with the Property and shall bind Grantee, its successors and assigns: A. Grantee shall construct a museum and/or art exhibition building ("Museum Building") on the Property which will exhibit contemporary art/art of our time, in a museum setting ("Museum"), which Museum shall at the time of its opening to the public contain at a minimum the works of art listed on Exhibit A attached hereto and made a part hereof less up to five (5) of the works. B. The Museum Building will be of superior quality and will be designed, developed and constructed in compliance with all applicable covenants, conditions and restrictions of record, laws, ordinances, codes, rules, regulations or requirements and that certain Development Agreement with the City of Miami filed September 19, 2014, in Official Records Book 29314, at Page 1880 (as amended from time to time, the "Development Agreement"). The Museum to be located in and operated from the Museum Building shall be a fully functioning contemporary art/art of our time exhibition hall or museum, and shall show or exhibit contemporary art/art of our time, in a museum setting, with exhibitions, programs, educational programs and events, all similar to the manner in which the museum known as the Museum of Contemporary Art, North Miami which was previously located at 770 NE 125th Street, North Miami, Florida ("Prior Museum") was operated as of June 1, 2014. In connection therewith, the Museum Building may be used as the venue for fundraisers for and other events relating to the Museum and may be rented for private events (the rental or fees paid for the use thereof to benefit the Museum), so long as none of the same prevent the Museum Building from primarily being used as a contemporary art/art of our time exhibition hall or museum. Grantee shall, at Grantee's sole cost and expense, engage developers, construction managers, architects and/or contractors ("Grantee's Design/Construction Team") in order to provide necessary services to design, develop and construct the Museum Building, provided that all of Grantee's Design/Construction Team shall be subject to the prior written approval of Grantor's Affiliate (defined below). Grantor's Affiliate shall respond to any request for approval of any member of Grantee's Design/Construction Team ("Member Request") within fifteen (15) days after receipt by Grantor's Affiliate of such Member Request together with such information regarding such member as Grantor's Affiliate shall reasonably request, and if Grantor's Affiliate does not respond to such Member Request within such fifteen (15) day period, then such request shall be deemed approved. "Grantor's Affiliate" means the record owner at any point in time of the property and building located thereon commonly known as the Palm Court Building, 140 NE 39TH Street, Miami, Florida ("Palm Court Property"), which the parties acknowledge currently is Oak Plaza Associates (Del.) LLC. 2 1032309.v2 Book29443/Page296 CFN#20140881114 Page 2 of 14 C. Grantee shall pay all costs and expenses with respect to the design, development, construction, zoning, maintenance and operation of the Museum Building and the Property. D. The plans and specifications for the Museum Building, which Grantee shall deliver to Grantor and Grantor's Affiliate no later than twelve (12) months after the Effective Date, shall be subject to the prior written approval of Grantor and Grantor's Affiliate, which approval shall not be unreasonably withheld or delayed. E. Grantee shall commence construction of the Museum Building on the Property within eighteen (18) months after the date the Grantor and Grantor's Affiliate have approved in writing the plans and specifications submitted by the Grantee for the Museum Building, as such date may be extended by Unavoidable Delays (defined below). For purposes of this Agreement, "Unavoidable Delays" means delays due to storms, acts of God, strikes, lockouts, labor troubles, inability to procure labor or materials or reasonable substitutes therefor, failure of power, governmental requirements or governmental delay in issuing permits or sign -offs, fire or other casualty damage, war or civil disorder, acts of terrorism, or other causes beyond the reasonable control of Grantee; provided, however, Unavoidable Delays shall not include delays resulting from changes in economic or market conditions, or financial or internal problems of Grantee that can be satisfied by the payment of money. F. Grantee shall complete construction of the Museum Building and obtain final certificate(s) of occupancy therefor within forty-eight (48) months after the Effective Date, as such date may be extended by Unavoidable Delays. G. Grantee shall open the Museum and the Museum Building to the public within sixty (60) months after the Effective Date, as such date may be extended by Unavoidable Delays; provided, however, in any event the Museum and the Museum Building must be open to the public within eighty-four (84) months after the Effective Date. H. Grantee shall obtain the written consent of Grantor's Affiliate prior to any transfer of the Property (which consent shall not be unreasonably withheld or delayed), and any such transfer shall be subject and subordinate to the Deed Covenants (provided, however, that at all times the Grantee shall be permitted to obtain construction and/or permanent financing for the Museum Building and/or the Property without the consent of Grantor's Affiliate, provided that any mortgage or other encumbrance evidencing and/or securing such financing shall be subject and subordinate to the Deed Covenants). Upon completion of construction of the Museum Building and the opening of the Museum and the Museum Building to the public, Grantee will thereafter continuously operate and maintain the Museum Building as a superior quality contemporary art/art of our time museum or exhibition hall in a similar manner as the Prior Museum was being operated, and which Museum shall be the principal museum of Grantee. Grantee will not use or permit the Property and/or the Museum Building to be used for any other purpose without the prior written approval of Grantor's Affiliate; provided however that the Museum Building may be used as the venue for fundraisers for the Museum and other events relating to the Museum and may be rented for private events, so long as the same do not prevent the Museum Building from primarily being used as a contemporary art/art of our time exhibition hall or museum, as provided above. 3 1032309.v2 Book29443/Page297 CFN#20140881114 Page 3 of 14 I. In the event (i) the Property and/or Museum Building ever ceases to be used and operated as the principal museum of Grantee and as a contemporary art/art of our time exhibition hall or museum, that exhibits contemporary art/ art of our time in accordance with Paragraph B above, or (ii) a violation of any of the other Deed Covenants shall occur, and such event shall continue for thirty (30) days following written notice to Grantee ("Default Notice"), then Grantor's Affiliate shall have the right (but not the obligation), in its sole and exclusive discretion, by written notice given to Grantee (the "Direction"), to direct Grantee to convey (at Grantee's sole cost and expense) all right, title and interest of Grantee in and to the Property and all improvements and fixtures then located thereon to another charitable organization that is exempt from federal income tax and of the same classification for tax purposes as Grantee ("Eligible Organization") selected by Grantor's Affiliate, in its sole and absolute discretion. Upon receipt of the Direction, Grantee shall immediately convey the Property, improvements and fixtures to the Eligible Organization unless Grantee shall, in good faith, within ten (10) business days after receipt of the Direction, contest the Direction and the assertion in the Default Notice that the Property is not being used for the Museum in accordance with Paragraph B above and as the principal museum of Grantee or that Grantee has violated any of the other Deed Covenants. If Grantee timely contests the Direction and the assertion, then the parties shall agree upon a neutral third party Florida Supreme Court certified mediator whose final decision regarding the use of the Property and compliance with the Deed Covenants shall be final and binding. If the Grantee does not timely contest Grantor's Affiliate's assertion that the Property is not being used in compliance herewith, or if a mediator determines that the Property is not being used in compliance herewith, then the Grantee shall (at Grantee's sole cost and expense) immediately execute and deliver to Grantor's Affiliate and/or the Eligible Organization any documents, including without limitation an appropriate deed and bill of sale (in recordable form if required), requested by Grantor's Affiliate and/or the Eligible Organization to accomplish the conveyance to the Eligible Organization pursuant to the Direction (collectively, "Conveyance Documents"). If Grantee breaches, or threatens to commit a breach of, its obligations to deliver the Conveyance Documents and vacate the Property pursuant to the terms herein, then Grantor's Affiliate shall have the right and remedy to have Grantee's obligations to deliver the Conveyance Documents and to vacate the Property pursuant to the Direction specifically enforced by any court of competent jurisdiction without the necessity of posting a bond, it being agreed that any breach or threatened breach of such obligations would cause irreparable injury to Grantor and Grantor's Affiliate and that money damages would not provide an adequate remedy to Grantor and Grantor's Affiliate, which right and remedy is in addition to, and not in lieu of, any other rights and remedies available to Grantor or Grantor's Affiliate under law or in equity. Upon the contemplated conveyance of the Property and all improvements and fixtures (it being understood that the art owned, being exhibited at or otherwise located within the Museum Building are not improvements or fixtures) then located thereon to the Eligible Organization, Grantee shall have no further right, title or interest in or to the Property or the improvements and fixtures then located thereon. Grantee and any other occupants shall vacate and surrender the Property immediately upon its conveyance thereof. In the event that Grantor's Affiliate consents (in its sole and absolute discretion) to any transfers of the Property by Grantee in the future, the transferee will be subject to the Deed Covenants and the Deed Covenants will be included in the deed to be delivered to transferee in connection with such transfer. Any notices to Grantee pursuant to this Paragraph shall be sent to the person and address for the owner of the Property listed in the 4 1032309.v2 Book29443/Page298 CFN#20140881114 Page 4 of 14 Miami -Dade Property Appraiser's records at the time such notice is given. The aforesaid Deed Covenants may be terminated or amended, and any portion thereof may be waived, only by a written agreement executed by Grantor or Grantor's Affiliate and joined in and consented to by the Grantee or its successor(s) in interest to the Property. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signatures on Following Page 5 1032309.v2 Book29443/Page299 CFN#20140881114 Page 5 of 14 Signed, sealed and delivered in our presence: Arld A - QJJLO11L1LLL MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, by MDDA Phase III Holdings, LLC, a Delaware limited liability company, its sole member, by Mi. ' Design District Associates Manager, elaware limited liability compan Bv: enstein, Vice President STATE OF FLORIDAR COUNTY OF Miami- h4b The foregoing instrument was acknowledged before me this day of December, 2014 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company as the Manager of MDDA Phase III Holdings, LLC, a Delaware limited liability company, on behalf of that company as the sole member of MIDNIGHT RAMBLER, LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. atulD G. LL/11.0-. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: [SEAL] 6 1032309.v2 ALICIA ALONSo-WEIGH MY COMMISSION # EE 859276 04�19EXPIRES: April 18, 2017 Fl � Batded'Nu Budget Notary Savaes Book29443/Page300 CFN#20140881114 Page 6 of 14 EXHIBIT A WORKS OF ART Artist Work 1 Abakanowicz, Magdalena Black Balls/Seated Balls III 2 Ackermann, Rita African Nurse 3 Ackermann, Rita Firecrotch 4 Alys, Francis Sin titulo (Untitled) 5 Arcangel, Cory Apple Garage Band Auto Tune Demonstration 6 Arsham, Daniel ODE/EON (Marquee) 7 Augustyniak, Mathias M/M Wallpaper Poster 8 Azaceta, Luis Cruz Homage to James Ensor 9 Baldessari, John Palm Trees 10 Baldessari, John Three Red Paintings 11 Balkenhol, Stephan Untitled (Seated Man) 12 Bas, Hernan Dearest Margaret, With the exception of Paul's complexion the expedition is going (well) [well strikethrough]as planned... 13 Bas, Hernan Fleeting Moments 14 Bas, Hernan Slim Fast Silhouette 15 Bas, Hernan Untitled (Crystal Bali) 16 Baumgarten, Lothar Land of the Silent Dogs 17 Baxter, Bhakti Black Onyx Wall with Light Source 18 Benglis, Lynda Female Sensibility 19 Bock, John Zero Hero 20 Bourgeois, Louise Untitled 21 Bulloch, Angela Ann Lee Konnektikit 22 Burr, Tom Bush Laid Bare A-1 1032309.v2 Book29443/Page301 CFN#20140881114 Page 7 of 14 23 Burton, Jeff Untitled #26 (black couch) 24 Burton, Jeff Untitled #37 (red plaid/white socks) 25 Capelan, Carlos Untitled 26 Capelan, Carlos Untitled 27 Castaneda, Consuelo Betty-Kahlo 28 Chetrit, Talia Vase/Screen 29 Chetrit, Talia Vasegram #3 30 Copley, William Birdshot 31 Copley, William Longpont 32 Cordova, William Music for the Morning After 33 Cordova, William Untitled 34 Craven, Ann Bird in White (for Johnny Cash) White Bird 35 Craven, Ann Little One Eye (White Bird #2) 36 Crewdson, Gregory Untitled 37 Crewdson, Gregory Untitled 38 Curlet, Francois Witness Screen/Ecran Temoin 39 D'Arcangelo, Alan Landscape III 40 Delaveleye, Nick Untitled (278 Fleeting Monuments) 41 Di Suvero, Mark Untitled 42 Diez, Jose Antonio Hernandez Untitled 43 Dzama, Marcel Untitled ('Bear Season") 44 Dzama, Marcel Untitled (Female Figure with Bear) 45 Eisenman, Nicole Amazon Scene 46 Emin, Tracey Why I Never Became a Dancer 47 Essenhigh, lnka Poor Puppy 48 Essenhigh, Inka Volcanic Ash 49 Fisher, Naomi Untitled 50 Fisher, Naomi Untitled A-2 1032309.v2 Book29443/Page302 CFN#20140881114 Page 8 of 14 51 Flavin, Dan Puerto Rican Lights (to Jeanie Blake) #2 52 Fleury, Lili A Worm in an Apple 53 Floyer, Ceal 100% 54 Fontaine, Claire Please Come Back (K. font: American version) 55 Friedman, Dara Bim Bam 56 Gelfman, Lynne Burqa, Green 57 Gillick, Liam Ann Lee You Proposes 58 Gispert, Luis Stereomongrel 59 Gonzalez-Foerster, Dominique Annlee in Anzen Zone 60 Gonzalez -Torres, Felix Untitled (Ross in L.A.) 61 Guerrier, Adler Untitled (Airport) 62 Handforth, Mark untitled (Lovelight) 63 Handforth, Mark Weeping Moon 64 Henriquez, Quisqueya Entelequia 65 Hirschhorn, Thomas Diorama 66 Hodges, Jim View (metallic) 67 Holstad, Christian Empty Trust 68 Holstad, Christian House Training #15 69 Holstad, Christian House Training #16 70 Holstad, Christian House Training #2 71 Holstad, Christian House Training #25 72 Holstad, Christian House Training #3 73 Holstad, Christian House Training #4 74 Horn, Roni Pair Object Via 75 Hubbard, Alex Screens for Recalling the Blackout 76 Huyghe, Pierre One Million Kingdom 77 Huyghe, Pierre Skin of Light 78 Huyghe, Pierre Two Minutes Out of Time -Ann Lee 79 Joseph, Pierre Trickster Theory 80 Julien, Isaac True North 81 June Palk, Nam Burn Calories, Not Octane 82 Kienholz, Ed and Nancy The Soup Course at the She -She Cafe 83 King, William Amor A-3 1032309.v2 Book29443/Page303 CFN#20140881114 Page 9 of 14 84 Kjartansson, Ragnar Death and The Children 85 Kuitca, Guillermo Untitled 86 Lassry, Elad Guinevere (Green) 87 Lassry, Elad Papayas 88 Lassry, Elad Teal Swirl 89 Lee -Chun, Susan You are cordially invited to tea time 90 Leonard, Zoe Dress & Suit (For Nancy) 91 Leonard, Zoe Rear View (Geoffrey Beene Fashion Show) 92 Mar, Pepe Caneza (Orange) 93 Marclay, Christian Whistle 94 McCollum, Allan Surrogate Paintings 95 Meese, Jonathan BABY ADMIRAL NULLPE, SEA BATTLE NO PROBLEM 96 Mendieta, Ana Untitled (Glass on Body) 97 Mendieta, Ana Untitled (Glass on Face) 98 Miller, John Storage Area 99 Miralda, Antonio Bridal Dress 100 Morley, Malcolm Cradles of Civilization 101 Morley, Malcolm Italian Fighter Pilot (Ace) 102 Murata, Takeshi Shiboogi 103 Nauman, Bruce Lip Sync 104 Neto, Ernesto Un pe de Sonho (A foot of Dream) 105 Nevelson, Louise Untitled 106 Oehlen, Albert Ohne Titel 107 Ofili, Chris Untitled 108 Ofili, Chris Untitled 109 Ohanian, Melik Ann Lee, I'm Dreaming about a Reality 110 Olitski, Jules Dookashee 1 A-4 1032309.v2 Book29443/Page304 CFN#20140881114 Page 10 of 14 111 Ono, Yoko Instructions for Photographs 112 Opie, Catherine Justin Bond 113 Orozco, Gabriel Blue Sandals 114 Orozco, Gabriel Common Dream 115 Orozco, Gabriel Migration 116 Orozco, Gabriel Vinud's Ladder 117 Owens, Laura Untitled 118 Pardo, Jorge Round Light, Darker on the Bottom 119 Pardo, Jorge Subscription Lamp II 120 Pardo, Jorge Subscription Lamp II 121 Pardo, Jorge Subscription Lamp 11 122 Pardo, Jorge Subscription Lamp 11 123 Pardo, Jorge Subscription Lamp II 124 Pardo, Jorge Subscription Lamp II 125 Pardo, Jorge Untitled 126 Parreno, Philippe Anywhere Out of the World 127 Parreno, Philippe Untitled (fireworks) 128 Perez, Enoc Peter's Vase 129 Perez, Enoc Seagram Building, New York [After a photograph by Ezra Stoller] 130 Pettibon, Raymond Untitled (Hang Ten of 'em) 131 Pettibon, Raymond Untitled (Mother Atlantis) 132 Pettibon, Raymond Untitled (No cockleshells or pukashells) 133 Pettibon, Raymond Untitled (Oh, me if) 134 Pettibon, Raymond Untitled (Onward West) 135 Pettibon, Raymond Untitled (Outside and overhead) 136 Pettibon, Raymond Untitled (Surf? Yea, but why sir?) A-5 1032309.v2 Book29443/Page305 CFN#20140881114 Page 11 of 14 137 Pettibon, Raymond Untitled (They are for the taking) 138 Pettibon, Raymond Untitled (We must conquer) 139 Pettibon, Raymond Untitled (Where, in sooth, goest thou out?) 140 Pettibon, Raymond Untitled (Why do they call it hanging ten?) 141 Phillips, Richard Annlee Afterlife 142 Pierson, Jack IDOLS 143 Pierson, Jack Untitled 144 Rauschenberg, Robert Cardbird Box 145 Resnick, Milton My Birthplace is 0 146 Rey, Tao Conversation 147 Rhoades, Jason More Moor Morals and Morass 148 Ritchie, Matthew Fast Set (Abraxas, The Child) 149 Ritchie, Matthew Fast Set (Dynamis, The Astronaut) 150 Ritchie, Matthew Fast Set (En Soph, The Child) 151 Ritchie, Matthew Fast Set (Los, The Golem) 152 Ritchie, Matthew Fast Set (Mixis, the Actress) 153 Ritchie, Matthew Fast Set (The Astronauts Gloves) 154 Ritchie, Matthew Fast Set (The Second Law) 155 Ritchie, Matthew the hour of the apple 156 Rodriguez, Norberto (Bert) Let's Not Talk About It 157 Rohn, David Gymnasts 158 Ruby, Sterling Monument Stalagmite/Skulldragged 159 Ruscha, Edward Nine Swimming Pools A-6 1032309.v2 Book29443/Page306 CFN#20140881114 Page 12 of 14 160 Ruscha, Edward Real Estate Oportunities 161 Ruscha, Edward Royal Road Test 162 Ruscha, Edward Some L.A. Apartments 163 Ruscha, Edward The Sunset Strip 164 Ruscha, Edward Thirty Four Parking Lots in L.A. 165 Ruscha, Edward Untitled Rooftops 166 Ruscha, Edward Untitled Rooftops 167 Ruscha, Edward Untitled Rooftops 168 Ruscha, Edward Untitled Rooftops 169 Sanchez -Calderon, George (Untitled) Artist's Father Standing Inside of the Niche 170 Sanchez -Calderon, George (Untitled)1-395 Freeway and Construction 171 Sanchez -Calderon, George (Untitled) Woman Standing Inside of the Niche 172 Sanchez -Calderon, George Niche 173 Scanlan, Joe Last Call Do -It Yourself (Annlee) 174 Schiff, Melanie Circle and Branch 175 Schiff, Melanie Hellroom 176 Schiff, Melanie Ramped 177 Schnabel, Julian Lola 178 Serrano, Andres Ecco Homo 179 Shonibare, Yinka Lady Na Master 180 Sider), Ann -Soli Station 10 and Back Again 181 Simmons, Gary Scat Cab 182 Simmons, Xaviera Harvest 183 Stark, Jen Enchant 184 Steir, Pat Kyoto Chrysanthemus 185 Therrien, Robert No Title (Black Chapel) 186 Therrien, Robert Untitled #100 (Steeple) A-7 I032309.v2 Book29443/Page307 CFN#20140881114 Page 13 of 14 OP t3K 29443 PG 0308 LAST PAGE 187 Tiravanija, Rirkrit Untitled (ghost reader C.H.) 188 Trecartin, Ryan Ready (re'Search Wait'S) 189 Tunga de Barros Carvalho e Mello, Jose Untitled 190 Turrell, James Cam (from Still Life Suite) 191 Turrell, James Enzu (from Still Life Suite) 192 Turrell, James Gard (from Still Light suite) 193 Turrell, James Site Plan Roden Crater 1 194 Turrell, James Squat (from Still Light suite) 195 Tuttle, Richard 9 Quantities, 2 to 1 Inch Square 196 Tuttle, Richard Two Red Squares 197 Tuttle, Richard Untitled 198 Tuttle, Richard Untitled 199 VanDerBeek, Sara Druid Hill 200 VanDerBeek, Sara Mirror, Hollywood Boulevard 201 VanDerBeek, Sara Thursday and Sunday 202 VanDerBeek, Sara Treme School Window 203 Vaney, Anna Lena Asleep in the Deep Ann Lee No Ghost Just a Shell 204 von Rydingsvard, Ursula Untitled (Big Bowl) 205 Weiner, Lawrence Broken Off/Beached 206 Welling, James IBHT 207 Wesley, John Dream of Unicorns 208 Willis Thomas, Hank Exxon Black Street Art 209 Willis Thomas, Hank It's The Real Thing! 210 Willis Thomas, Hank So Glad We Made It, 1977/2006 A-8 1032309.v2 Book29443/Page308 CFN#20140881114 Page 14 of 14 Address City of Miami MIAMI 21 CODE -ZONING REFERRAL cc/ £ 6 4"8 ti/t- L5/ C ;',1-- OP Or x"f4 sib -.= Hearing Board (Planning Dept) 444 Soutrviest 2nd Avenue. 3rd floor Miami, Florida 33130 of property(ies): J -‘/ /VE ./ Attached documents for the following permit application: Waiver appeal Exception Special Area Plan Warrant appeal Amendmend to the Code Zoning Change Variance Other COMMENTS: 6-7/i'/ %�l,��G1ti� .O� Z jizi,, 0 / 7 "Xi," .e" IMelizie<tivez.,/ e 4. ki /1, 44414 f'gtr 40r✓r 776 2- iD T9 O a,t/ l %e -5D1, �75d. 6 / P t�7171,04 y- 0 �e /v// D 5 5/11" zZ® �` Office Zonin ate Gonzalez, Francisco From: Gonzalez, Francisco Sent: Tuesday, February 17, 2015 11:38 AM To: 'Tony Recio (TRecio@wsh-law.com)' Cc: Hegedus, Irene S. Subject: 53-61 NE 41 St and 50-68 NE 42 St. Good morning Tony, Please note that your rezoning application for the above referenced properties from T3-L and T4-O to Civic Institution (CI), do not meet the rezoning criteria of Article 7 Section 7.1.2.8.c, as follows: 1. The proposed lots zoned T3-L & T4-O are not extensions of an existing transect zone Cl. 2. The proposed lots T3-L & T4-O to be rezoned only total approximately 28,125 square feet, which is less than the 40,000 square feet of minimum land area. 3. The proposed lots T3-L & T4-O to be rezoned only total approximately 150 lineal feet of street frontage on one (1) street, which is less than the 200 lineal feet minimum of street frontage on one (1) street. Therefore, your submitted package is ready for pickup in my office at your earliest convenience (the sooner the better). Regards, Francisco Gonzalez Zoning PCans Processor Department of Planning and Zoning 1f (305) 416-1489 Fax,(305) 416-1490 fgonzafez@miamigov. com AY07e: Get-WI/MA 41 GOO fiy!/�N addilisq4 gill,/ 4044 s6fi �441/ea � 9/ ' We /I r�,��r 0/ry of /4" ,ea/// 4i0 (S.ec hi l at4/00-0/09,5 * dvl 01 1d (fit d ti,�.( * i 'IV.'1. w5 rc If 1! - if4 al .. n9s,de 1 NE-5'3th T}errac ) �,� • _ _ }_. _ -y q.;.r :�.-- , - a NE 4Et h•S1 r /{ i c. t i r! .r', -_ - NE J4Eth-St _ f, - �/ , j • l TL3 r f. s» et, �S�at 1' td*v 1 NW-S1 `-NE-4Sch sib y `� j - • :>;• " N W-44t St-.— — 4tA° \\ POperty tiE 3rd st—I ¢° , .,, 7- Nlr. , l. ,a- sC -42,Td-St=cp�: c,,.0 8 rN 2er N-341h Tess-2� Nr-4i-st-St NEt 6tt+=3t ;i NE-35trSt dgewate rks P-� n-ft �cover'iW -, y' The Subject Property Orange lines represent 300 feet. 15 NE 41 Street Facing east. 4029 N. Miami Avenue Facing south. IP c oQ le earth 2010 rJOOgk LE; U_pt or[a�_ rs �ugrapn>r 10 NE 41 Street Facing south. Googleearth\ 02015 Google US Dept of State Geographer 0 2015 INEGI 28 NE 41 Street Facing south. 34-90 NE 41 Street Future Site of Planned Arts Garage. Facing southeast. ro 20-15 Ofoogle US Dtpt Si,Ete eograpffer 34-90 NE 41 Street Future Site of Planned Arts Garage. Facing south. raa a.4 �r rtrr. Mr ./ES+ti-N a %t,1 34-90 NE 41 Street Future Site of Planned Arts Garage. Facing southwest. 23-31 NE 41 Street Home of the De La Cruz Art Collection. Facing northwest. 53-61 NE41 Street Part of the Subject Property. 77 NE 41 Street Future Home of Stardust Mixed Used Residential & Retail Projec 2715 Googla 4100 NE 1 Avenue Future Home of Stardust Mixed Used Residential & Retail Project 4141 N. Miami Ave Facing East Looking Down NE 42 Street Goole earth 44 NE 42 Street Facing South 111 SS SS GI fe lMI 111 Coosleearth 02015 Google US Dept of Stele Geographer 58 NE 42 Street The Subject Property le JI US Dept of State Geographer 0 2015104E01 80 NE 42 Street Facing South 02015Google ' 21r4�' US Dept of State Seo rep ter Et 2015 INEGI 4120 NE 1 Avenue Facing South • O2015 G US Dept 020151 GRAPHIC SCALE SCALE : I. . SD' ABBREVIATIONS co. ono a cau4 LEGEND con. trald bone mo. 1,10,1,44 Fab IX wr ffi Al aaa d 0r R m O Ta,w.aa.• X PH • 1.4444.w A x.a.ro mw r-..m ® r.r.ar m.. in ▪ ROM D. r �. 1 .44 ar 011 ALTA/ACSM LAND TITLE SURVEY of 53-61 N.E. 41st STREET, MIAMI MIAMI-DADE COUNTY, FLORIDA 33127 for DACRA DEVELOPERS, INC. 1 !OWNER: 8 APERMA SLVA LMA OWNER: ELIEZER PIERRE-LOWS 8 COLETTE BLOCK 8 'OILTMORE:' (P,S, O. P6. 671 LOT 6 r gola) 12E.00' 4 I.OT St).o11pwv .05 LOT 19 M�A LOT20 - Si`m'va' J9 LOT7 SOD N.E. �41st. STREET aura '^ LOT O I LOT 4 4.0T 4 BLOCK 9 `DILTMORE' (PAD. 6. P9. 67) OWNER: SWEET VIRGINIA rs 7wn+Y aundor anon. nd MS-17.052 4d le an 'As eat 4.1 boundary . wrlal, m, erlsNl d *a^ Ana a t Moody ..Iln a. {aAb a,nr Am (e) a 1. an an..'~a.e .r .x A .442 ma? a. p :() Use gunny ad Ioalnarm m: (e) re) In. UNN el Aa theIP On Gamma,a 6) a. Yd. bnproremont. .a mambaMAN in. a4; (0 In ore prop.. them pesos 44.1 Aga to NL(.) AL 44 max. ,AI.F bd .. Awn. d.aemva puck a5F, (n) .NnL mooted et in. n (1) ee.pl as eemn amin eloormonms. colter. lo woe or boundary Am laeu (A .1 I am anoomml and alhar OM. ',I Into m0Vab,ar 14 no. Yos sa shown on lho Sur d aarzune: vl nY s,aa+,n:. m In m.qa. or miw m w 144.1 on aememl ae A ne u.) 4,.a.) a..m,.a .n m, a r.r br...m,a .A....... A�; m.mv.Nam •..lam m,.nm p.p Rol. „Olwe,w mumwermas,. b.11 ar Inn am.n 2)0 o„mioaov v.M k 7 SURVEYOR% NOTES: 1. NAP OFALTA/ACSM LAND TIRE SURVEY: N.E. 42nd STREET 2 1 10 9 e 7 8 6 5 4 3 2 1 13 14 1 15 16 17 18 ' 19 OR7 22 23 24 ram .Ivey We temple. Oen May a•e zalm. 22LEOAL DESCRIPTION: wm, y a 'M m. tells are, avman, m w pl.I Coontn ebwa emuaai ar. az,rwPw. nmmndLlmv-w+. Ca.b.an uwp an Peal ur l se OM aura mob a Ina 6r.olualbn. ACCURACY 3. ACCURspa 4. SOURCES OF OVA: aNIINN WNaI: Trymosnar sm.,a1 p•m..a(rwN61149 M-',6 N 615 1zmn .... „ 4 pr m Ina.. Aaln 05-n-19, nm, par* 5Ibaw/smfm 0. my p an neaire wa !a. Ina, p p mr: `r P .a. In w mlm o pa..v, tohor1 mewcbd. mnwmo arms °aa S. al Page 67 of 1M Public Ramada er N.E. 41st STREET LOCATION SKETCH NOT TO SCALE em.,a" An N.Aarml omme. us. bbm . mu: 4949 1921 al CA pm,.a. Ir.m as .a.1 n.a., Im.m n.m aa.;g o s Dade Jm Lma. Ise ..s..m. Iw . n na a all metal mop.:a. n.`.,n ..s d 'Morse.. G LIMITATIONS: awe namho aurae, boAaem 1 met. w"`p m 4n rrWen moll p�aml Aka marnm 0.0400101 a par sew, warm amr e,=`, wa a"e n»mho aep.ml mnau In `v,`.'d' `� umab'a�w,'m"`u m - .4 ..aamb .avm wNAm ono la. I. *am Lay ow�a„a„e sera a.aarm Im Lana Smlas O. m5TATELIENT OF ENCROACNSeola p,.nba ,NA..m, aay:aa p•^a� ma m t4, m.nb.a N+ra 7. CLIENTINFORNIATIAL as"61b sa, w .a. SACRA CEMELOPERS. MC. 50 R. min - 2* m0)``n 0m.,1r . p.a.maaa xi imp ro.. 0 to re ▪ ,gl Cowl pars41. r:.n, onn T.0 on, Amok Amok.�ma Ap%hw.m om¢isartd 'naao+eawar ar-d N.,,� wm,l,. VICINITY MAP NOT TO SCALE 6. ADOTTIONAL NOTES: >.- a bw. 44444 am..a.Ia lyna. «. , a , rd a:mma Pa 10a m:an ... aaa.lr e. NOTES CORRESPONDING TO SC)EOULE SSECTION II: CISSECTTO pa.n 2� �5511: ` r1.1.erro Oka Yl m s: me ...do !lark• ,A m za An A No. I to 10. .. •,...Pa, na swkae pram, 41.4 ork. to adr ala m. swkn Man"Am la Tracts 1.nla20 Do .•poll .a kola Sur arm,.b an, , urn pa . lam „ r a ,.r#, =lsol>. llmm Y sz pm y: Al*Oenalr 45.01.1. SURVEYOR'S CERTIFICATE! ana/a nry�Sa we p o1bnv4e m,nn alp 1.toWI, Mot Ms wo1. o de cnu .v.IAF,LSam1,S NOalm,me, pavy 61,011' nam 1, O,AAae), S(o}n, 0. Tnv IIN.wA oak anmp.l.e a Wry a,a. ,, J. SOn1II & Associates, Inc. anmxaa..lw.ameer r A s,0 LlW 14u Sola nsaawn Haldnoolc CN PILE SMSTI WI LOTS BOUNDARY AND TdOPOOR;AP11TO S'UR EM GRAPHIC SCALE 10 Ian ISETI 1 rn a7J ,-T n 1 4 N.E. 42nd STREET IP s sa wos�.....R wiw. g 8 W--). .,._lard' VB959'02.E PA 2 TB 9 LINE TIDES emaawe suss r,,,,,,,. A /////e////l/ 22021. make PA PO. 87 BD59b2 .1 ION= GROUND ELEVATION MON.) NAM eWITACI open. famcay • LEGEND: ES PS OTM kPALM IREE WY BRE O uo-+r Par[ 0 WATER Vos_vr IX MS HYDRA, ® scwrn xnxxaL TREE TABLE 15100115 112020PaxnxA1a919922 Zoning: T3 L(SOURCE:http://www.miami2l.org/) LOT OCCUPATION a. Lot Area i man. 5000 lt Lot.. b. SO% max. first floor s Lot Coverall. 3 . maowfoortr3 A &T3 Larva man a. Floor Lot Pat,. IRA) n/a e. Frontage at 'Tont setback n/a F.Drees space kaaalmmants t-9'w,9lTS 5,8 . Density T3o=18 dWacre maw MELDING SETBACK Principala. b. Secondary Front 10 ht. min. bt*thmW min. bus Rmin, OUTBUILDING EfMCKU3 L0NLV1 Secondary Front loft. min. 15 1,, IS la 1 Is 19 20 21 22 22 l J _42,14 STREET h P.O. 0 PG. n 20 1 21 2 N.E. 4844 STET 1 TT T TM /- LOCATION NNETO r 1d0as.1la 11 = 10/84 LEGAL DESCRIPPON: 12Bs 4,RP cloak B,Mof BILDIMORC accor8F,Mto SURVEYOR'S NOTES: Platthereof, as recorded In Plot Book 0 of Page 62, al Me Parka - Lands shown hereon containing 5,009 square feet, or 011 acres, more or less. - shown hereon are referenced to Me monument line of NE. 42nd street. having an °warned bearing o ds sr.,. herean - LanCommunity aide. y of re located in Federal Road Zone "X"a Revised: ! per Mop Number1208600SO¢ Suffix L.eonmar a.mesa der g2�tutul atutian tianm distance meon4,rn1(EOM). - Dimensions indicated unless otherwise noted. - Building dimensions shown hereon were measured ground level along the exterior.. fo shown. naysnot belocate en d or are to the exterior lace of buildingsperimeter walls. underground - Underground improvements awn one/or underground encroachments, where they ors not H re not shown including butnot limited to bufidings, structural appurtenances. storm drainage systems, tanks attempt de by the surveyor. locate - No attempt was mode by Me e° p fo a in s. - teamUe mineral tghs ownership and/or rig -of-entry appurtenant thereto. rThere eeno visible aanro evidence of wetlands. rubbish ants, sloughs. idled in wails, cisterns an seep holes an Me n drbonal restrictions affecting Mrs pope-ty round In the laws of the y I Warr, and Me smbeor Rwiaa. a - For variances. us. permitted ne/w setback. heightand the CU, of luliami budding n aped m sale o0es wcod.. aYsrcqu aaygvarytep 2429n oftpe iawcun mrrmanon wan ere r ae an Mrs sa r f a rime wnaa ,f p „see to Ma �ant(s) Ieg aoansal. - m the Notional Geodetic Vertical Datum of r929 (New-1 29), and are refmai"E on t:,:::"owing CifY relative! ) vx. nails Washer on concrete s =5..80' (NSW 1929). located N.W. 40 sr_.) PKSNan e Washer frontMof comi ncrete sidewalk; Ele2.f 1Gs.84'-ate'=13..58' (NM. 1829), located: NE. 43 Si.--- 22Y south of a.: N.E. 42 are.---564 west of a. ve- rification of scenntifc to Me and of rthatuare unknowIt n tamer rveyothat rdient consult an vrtoruk it thereby certify to: MPOOc LLP ey u ,n, vo Dry arc M ✓alder saveienrPAnsaranae P r Thot Me attached "BOUNDARY A. TOPOGRAPHIC SURVEY was prepared in accordance with Chapter 5d-17i os set forth by ire Florida Board of Professional Surveyors and utes Not yolk/ pwithout tSection 2 , Florida Me signature and original e ginal raised ai dtseal of o Florida Licensed Surveyor and Mapper. yn Engineering Campo,. 319 WestFlag.Street MlamInc. l,FL 33130 (305)32 Sof Department o Agriculture LB r. 000012grido SURVEY OATE: 11-12-2014 Professran�5anai S. Nutl Ma2pr No. 6519 I 9tof�f Florida Of BiSCPVIV EnnIneedna C nent In U . z tP >6 L8 Z Q Eg o0 U o Za c re W LL1 41 z 007 Z LLi 02 LLJ c e U o (nU 07 L\ 03-84410 IXEo ere / UNE TYPES B'OUNUARY AND 1 ��OP rQCiR1ASJUR?VE�Y GRAPHIC SCALE x/x_,,e- p � n ,— xr..v -�- N 1 sp.gs y axizl _ �y T gip N.E. 42nd STREET °''' 50. El WOE ;°HALTPA ENT , ' ,Wf loth, ion . `a, err A.yl .. „ .r . aeM, wera,.. .os'f) �'WI was n F g ( Lrc.rr. O g sure N8958'46•£ O LL 'LL LL �n ''ii 1 „^,tea. mtt ��p ,/ A a i.r n as n a ., 0 — q i'/l// 464 • jx se•s� 6�w a i/ / / e¢reaa.ra. etas / Ilw �Fq °Ie ; lk 1 ao / s, .. ry muc mru k 5 a m.ms 0 j////. /// % sal Simi CAS MD w %///////// $ en lzl s car Ate 59'01£ x • elm surer= aim. rmcer, AeseskAnove LEGEND: aed p004E etc powER ewe werle pOWER PO. wNr oar ® scow e.amatE TREE TABLE s( 20 Pa FAN Puu PrItchardio 10 ORIENTAL ARBORVMAE Pelee americana Ts 14,460 TREE kalkno TREE Zoning: 13 L (SOURCE: http://www.miomi21. org/) a. Let Area 5000 sp.ft min. It. Lot Width 50ft. min. 5096max first floor m as. sewndfioor IT3 n &T3 Lentil d. Floor Lot wtio/FLx1 n/a athontsetback n/a f. Green space Requirement, 2S961ot area min. I,g tedace mat , 13 adu/sere max.; S. Dem,, ern 0,18 dµlaea maa: BUILDING SEIVAER d. Rear 2h R min. OUTBUILDING naocw R3 LonLrl . Principal Front 20. min. le Secondary Front 10 ht. min. A 10 LEGAL DESCRIPTION: 15 17 18 23 24 ME 42MNI STET 5 20 J 31.E 491a8 STREET LOC'1'- T4ON SKETOTAI WA/AM !" = 309' • poi s, In lad. B 7fa° acca,d;ng to the Plat the aT as coded Plat Baak 6 of g Tar Reao ds of M,aml-bade Da y. ands . SURVEYORS NOTE. n 11am site Fes m the south cast rn,arrer of section 24, Township 3 south. 9 1 rase Miami -Dade Count, - Lands shown hereon canto., 5,009 spore feet or 0.11 acre% more or less. - Bearings shown hereon are referenced to the monument line of N.E. 42nd Street, having an assumed bearing of NB958'46'E. - Lands shown hereon are located Pederd Flood e •X'Revise,per R. Map Num er 1206600304 Suffix 4 Community Nome.: C y of Miam( Comm nity Numhe 30650,September , 2009. u- nless Dimensionsotherwisein icated hereon we Feld measured us ). 9 a total station electron, distance measurement (EOM - dimensions shown hereon were measured at ground level along the extorter race. ern ,7 ai $ e r/ of hm4fed ro bu. d g sbaa.� w ee vv 1897 9 =e,. 1tom dra egrroc 9ronnd.ks or rubnlan woe. ' °eon'' - TFe approximate location of visible utilities shown hereon were field located. - No attempt was mode by the surveyor to locate underground utilities. - No otterp/ w e m y the surveyor to determine mineral rights own p rid/se g -or- y most ereto. ode sushi -entry - There discnab isbl=pevn evidence of Wetlands, rubbish Rs. sloughs. Flied M wells, cisterns or seep tides on the hereon Sate oef Florida. [additional restrictions affecting this property round In the laws of the City or Mlom,, and the setback, height, b density and/or parking re referenced to the `ley at i building C rid/r same m , hype o construction and may reavire /6 legal eyor by depending of the This counsel. information can be depleted on this y t o time when It p aNded to Me surveyor by client(s) legal w - Elevations shown hereon are refute to the Notional Geodetic Vertical Datum or 1929 (NCVO-1929), and are reflMAa ieBenchmarksd on the llowin9 City o PK Nail & Washer an concrete sidewalk , Elev=1 .06'-0.26'=I5.80' (NGva I929). located: N.W. 40 South of In ST.I) FN SNoe ee Washer Non, of concretesidmrotie 8ev.0 13.84'-0.26'-t3.58' (NG.D 182e), located: N.E. 43 ST.--- 2Y2 South at CL.: N.E. 42 Ave.— -362 West of CL enti6ed too the Pest of our ability. recommended Moot client consult an arbors( for venFmhon of seen tlfic es, and trees that are unknown to this surveyor. SURVEYOR'S CERTIFICATE : I hereby certify to: Pointed tlXLLC Bade LLC Institute of Contemporary Art Miami. Inc. dlef,Tblcrlee lnslrance Company III, the died "BOUNDARY AND MPOCRrwmC SURVEY- was prepared in aecordanoe s aunt b 7,..1 42202]'Fl a dsi told of Professional Surveyors and Not valid one e, without to gnotore and original raised seal of a norNo Licensed Surveyor ni,op529Bisc)W West Bugler street, rt. 33I30 4-7671 LBnot 05) 31 0000129Ido Department of Agriculture SURVEY DATE Professional Wolfgang a M' n 19 smee ar Flan e0' No. 65 F 03-84410 err-0(4/ UNE TYPES BOUNBARY AND TOPQ AP-1141C-' BURVE�Y GRAPHIC SCALE to (wren ) 1 Inch a IC It R,97 N.E. 42nd STREET H 50' RA n w 0/ mos ASPNAL0 PAM.," „onflsd' "-' r ////////Mo ///////// ill �" %/ "277- n / /H / / Cma: £gT,3rw a w.r:.w, / soya) lean mane ibya-non: phfieul. y. - x,m.asnna' arvxrmn Omni/ w LEGEND: ® M p Ef aE * uawPcl[ i fi ® sawn MnnnaE TREE TABLE 24 50 25 20 AaNOCANY mhhasohl 20 WAN. MEE 15 70 UNKNOWN JO 10 UNKNOWN 25 ao Renee arnefireafia Zoning: T3 L (SOURCE:http://www.miami2l. org/) LOT OCCUPATION a. Lot Area 5000 atilt min h. br WtlM5096 ex. Rrrt floor a Lot Coverage 3096 mx. second Roar (r3 R RT3 Lonlyl d. Moor lot wtio(fwl rya a. frontage at front setback Na I. Green space R.:gammen,. 2546 rain. .9<mm .;aw;aeroex., 49dwarremar, mt ,d 1e waeemex; WILDINGSETBACK Principala. secondary0. e reel 10 ft mln. lot width total min.. et Rear m R reN. uuo]PGSMACK (n LONLY) a. PrIncipal front m Rmin. 5 Secondary Front 4.44 rt. min. a. Side d. Rear sP.mn. l rr- 10 15 15 6 21 42AHM° STREET I444 r t;;PK dI=, 24 ME. 430 STREET IS 17. r �TTT 1TT : ? 1 / 1 LOCATION 'TTCH IIC448341314 0' = aoo' LEGAL OESG,GOV: of BILT�IORE, accenting eo the Prot thereof, as recorded in Plot Book 6, a! g 7, of the Public6Record of Miami-Oode County, Flare a. SURVEYOR'S ThIs site lies In the South East Quarter of Section 24, Township 5J Sohn,. Range 41 East, Miami-00e County, - Lands shown hereon containing 5,008 square leek, or 0.11 acres, more or lass. N89; E wn herein ore referenced to the monument line of ALE. 42nd Street. having an assumed hearing a hereon ore 104,44.41 In Map nun** 12086C0804 Stahl. L, Community sums. City Miami, Carom r amber. 120650, Revise, RSep be- II, 2006. -- Maas Dimensions s indicatcetl hereon are fieldmeasuredg total station electronic distance measurement (EON), wise - Budding dlmenslans shown hereon were measured at groundlevel along the exterior face. ha o� snei iaoretlea e to the exterior race or buildings perimeter walls, underground shown. - Underground ay. ar n ,Ta nesiowwn nu 9 t not -limited to budding,. structural appurtenances. form drainage systems, tanks shown reon - No attempt was mvdban ore by e eroe�prttoelocate underground grow d utilitiemcafed. s. - No 0ttempt w y the surveyor to determine mineralrights ownership and/or rights-0- o052 u - ?here latno h Ns01e endenre of WeNonds, rubbish sits, sloughs. Med In wells, cisterns or seep holes on the hereon described prop., az. 5ce. additional restrictions affecting this property found in the laws of the City of Wog, and the Etofe or variances, permitted thereunder. s height, b nd/w requirements, requlrents, rererenced to the City of adorn; budding Codes, e d/or may vary depend, o construction and other var... matters outlined in Codes, as ysrepoire 0 legal interpretation of Information can he depicted an this Sai,ey of a type of itime nwhen it Is provided to Me surveyor y ieni(s) tega - Elevations shown hereon ore rue to the National Geodetic Vertical Datum of 19 9 (NGVO-i 29). and are referenced on the following City I Miami I)PK. Nail d: -Washer on concrete d ewalk; Elev. 16.06'-0.26'=1580' (NOV9 1929), loco ter,: N.W. 40 sc.---Sid le Washer er CL.: N. Miami concrete side'; Weal of CL. ii) PK Nod &Washer in rranr or concrete sidewalk; Elev.=1584=0.26'-1558' (MGM r929), le•x.ted: NF. 43 Si.-- 27'Y Soon o! CL, N.E. 42 Ave. - 36Y Wesf a{ CL. identified to ba client consult an ab,at For ve- n6catlon of scientific names, and trees that are unknown to this surveyor. SURVEYORS CERTIFICATE : I hereby certi to: tleslNnderM'iami, LLC Institute of Contemporary Art Miami, Inc. Repub.blid Title Insurance Company mat the A sow,. was prepared In accordan0 with re - set r forth by TOPOGRAPHIC e a of Professional surveyors and Yappee�pursuant to Sect. a Statutes. Not wed without the signature and orig., raised seal of a Florida Licensed Surveyor and Popper. BisaInc. cayne Est ngineering ler Street, a/eeri e,Mia i, FL. 3JI30 (305) 324-7671 LB t0000 49ndo et,artrnent of Agriculture SURVEY GATE: II-1.2-2014 74647 \DP— »om mwaa Prpreaeo,a snits or marten °`r Na. esl9 8- E. 0, '48 b 53 W w 03433 DACRA OEVELOPM ff ORDIgn 03-84410 'near x /