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HomeMy WebLinkAboutApplication & Supporting DocsAkerm an Francisco Garcia Planning Director City of Miami 444 SW 2' Avenue Fourth Floo Miami, FL 331 RE: Steven J. Wernick Akerman LLP One Southeast Third Avenue Suite 2500 Miami, FL 33131-1714 Tel: 305.374.5600 Fax: 305.374.5095 Dir: 305.982.5579 Dir Fax: 305.349.4803 steven.wernick@akerman.com January 16, 2015 30 (1014,` v - : 22 & 25 NW 31 Street; 20 & 28 NW 32 Street, Miami, Florida Rezoning and Comprehensive Plan Amendment Dear Mr. Garcia: On behalf of 31 St Street Residences, LLC (the "Applicant"), we submit to your attention this application for a rezoning and companion future land use amendment for the abutting properties located at 22 NW 31 Street, 25 NW 31 Street, 20 NW 32 Street and 28 NW 32 Street (collectively, the "Property"). The Applicant is the contract purchaser of 25 NW 31 Street and 20 NW 32 Street (the "31 °t Street Residences Parcels") which has frontage on the north side of NW 31 Street, just west of North Miami Avenue. The parcel known as 22 NW 31 Street is owned by Miami -Dade County and managed by the Department of Public Housing and Community Development (the "County Parcel") and has frontage on the south side of NW 31 Street, just south of the 31 st Street Residences Parcels. The parcel known as 28 NW 32 Street is owned by Gabin Investments, Inc (the "Gabin Parcel"), has frontage on the south side of NW 32 Street, and directly abuts the north side of the 31 St Street Residences Parcels. The zoning of the Property is presently T3-0 and the future land use designation is Duplex Residential. The Applicant is proposing to rezone the Property to T4-L and to amend the future land use designation of the Property to Low Density Restricted Commercial (the "Application"). Existing Conditions All of the properties located along the west side of the North Miami Avenue corridor in the vicinity of the Property are currently zoned T5-0. From approximately NW 34th Terrace to NW 31 st Street, there is a noted absence of a T4 transition zone between the T5 properties that front on North Miami Avenue and the T3 properties to the west. This lack of transition zone makes it particularly difficult for property owners to create meaningful development sites as the parcels with fr6PrRlorth Miami Avenue are generally too narrow to allow for efficient structured parking 30194604;21 Francisco Garcia, Planning Director January 16, 2015 Page 2 and the T3 zoning designation immediately to the west does not allow for parking uses. The lack of a transition zone encourages the persistence of underutilized parcels and surface parking lots along North Miami Avenue, While Midtown is thriving on the east side of North Miami Avenue, the current zoning presents an ongoing challenge to creating a lively active streetscape along North Miami Avenue. Analysis of Abutting Neighborhood Condition and Justification Based on its composition and appearance, the neighborhood located to the west of the Property does not appear to be consistent with the description of T3, the Sub -urban Zone, and is actually more closely aligned with T4, the General Urban Zone. As set forth in Miami 21, Article 4, Table 1: The Sub -urban zone consists of low -Density areas, primarily comprised of Single -Family and Two Family residential units with relatively deep Setbacks, Streetscapes with swales, and with or without Sidewalks. Blocks may be large and the roads may be of irregular geometry to accommodate natural and historic conditions. The General Urban Zone consists of a Mixed -Use but primarily residential urban fabric with a range of Building types including rowhouses, small apartment Buildings, and bungalow courts. Setbacks are short with an urban Streetscape of wide Sidewalks and trees in planters. Thoroughfares typically define medium sized blocks. The neighborhood to the west of the Property is made up of a mix of bungalow style homes, many with multiple structures on one parcel, duplexes and small apartment buildings. The development pattern exhibited in the neighborhood is much more closely aligned with the description of the T4 transect zone than the T3 transect zone. As such, the introduction of T4 zoning at the east side of the neighborhood, between the existing T3 and T5-0 zoning districts, will not be detrimental upon or disruptive to the fabric of the neighborhood. Additionally, the neighborhood is bounded by Wynwood on the south, Midtown to the east and contains a vibrant commercial corridor along NW 2nd Avenue with many active small businesses. Compliance with Miami 21 and the Miami Comprehensive Neighborhood Plan As set forth in Miami 21, Article 7, Section 7.1.2.8.a.3., rezoning from T3-0 to T4-L complies with the successional zoning requirements. As the total land area included in the Project is approximately 49,357 square feet, the Project meets the additional requirements of 7.1.2,8.c,1. The proposed companion Comprehensive Plan Amendment would amend the future land use designation of the Property to Low -Density Restricted Commercial, which calls for 36 u/acre and neighborhood compatible commercial uses, which is reflective of the types of transition uses that are appropriate between high intensity and density permitted in General Commercial (as those properties fronting on North Miami Avenue are designated) and the restrictive nature of Duplex Residential (as those properties in the neighborhood to the west are designated) . A rezoning to T4-L would be consistent with the density, intensities and uses permitted in Low -Density Restricted Commercial. {30194604;2) Francisco Garcia, Planning Director January 16, 2015 Page 3 County Parcel inclusion in the Application Inclusion of the County Parcel in the Application is critically important for several reasons. First, it will enable the new T4 zoning to extend southward from NW 32 Street to existing T4 zoned parcels to the south of the County Parcel, forming a continuous band of T4. This may prompt the City to consider initiating future rezoning to extend the T4 band north to NW 34 Terrace, which could further effectuate and facilitate redevelopment along the west side of North Miami Avenue. Further, inclusion of the County Parcel allows the project to meet the technical criteria for rezoning in that more than 40,000 square feet of land area is achieved by its inclusion. Although County staff have expressed enthusiasm and support for the proposed rezoning, there have been several challenges to including the County Parcel in the application. First the County does not have designated financial resources. Secondly, the County Attorney's office has opined that the County Commission would need to grant authority to the Mayor or his designee to join or consent to the application. To that end, the Public Housing and Community Development Department has taken steps to initiate this process. In an email received on January 15, 2015, from the City's Deputy Planning Director, Cesar Garcia -Pons, we were informed that the City will accept the application, including the County Parcel, with the understanding that the application will be held in abeyance until such time as the County provides evidence of authorization for inclusion of the County Parcel. In addition, the City recognizes the reduced fees applicable to government agencies, pursuant to Chapter 62 of the City Code, in an amount of $1,000 for the rezoning and comprehensive plan amendment for the land area associated with the County Parcel. All additional fees necessitated by inclusion of the County Parcel, including public notice to property owners within 500 feet, will be paid by the Applicant. Conclusion Enclosed herein is a completed application with all required supporting materials. Thank you for your consideration of this application. We look forward to your favorable review and to presenting in front of the Planning, Zoning and Appeals Board and the City Commission. Steven J. Wernick Enclosures (30194604;2} Future Land Use Map Parcels West of N. Miami Ave City of Miami, FL Zoning Map Parcels West of N. Miami Ave City of Miami, FL I J T4-R r-- _J rfTTV!ri,.sy 41 T6-24-0 SD-27.2 1 I Al V • Nr • mr- 4 4 11 T6-12-0 T6-8-0 T6-:1, Context Photos - North side of NW 31 St Context Photos - South side of NW 31 St \\9041 11! II'' tt ii9� `�,r �-ws° INIII11 iiUIIIIIIh iIIjIiI�Illliiii Context Photos - South side of NW 32 Street aR�: i .�z tip {• ;•; I•ARlR�! /•rt� zfr�i 11 Ill „� I Jim.. r.:- Context Photos - North side of NW 32 Street REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Steven J. Wernick on behalf of 31 st Street Residences, LLC 2. Subject property address(es) and folio number(s): 22 and 25 NW 31 St. & 20 & 28 NW 32 St. 3. Present zoning designation(s): T3-O 4. Proposed zoning designation(s): T4-L c7: 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 81/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. 17. What is the acreage of the project/property site? Approximately 1.13 acres Rev. 07-2013 3 REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? Create transition zone 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 21. What would be the anticipated duration of the presentation in front of the: ❑ Planning, Zoning and Appeals Board 20 min and/or ❑ City Commission 20 min 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ 70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00 shall be paid in the fo of a certified check, cashier's check, or money order. Signature Name Steven J. Wernick Telephone 305.982.4579 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Address One SE Third Ave, Suite 2500 Miami, FL 33131 E-mail steven.wernick@akerman.com The foregoing was acknowledged Wore me t i �day of �gn�r1 20 tG , by Gle\ Y V\\exy 1 who is a(n) individual/partner/agent/corporation of A-V-QrrytGkt LLP a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 07-2013 ,,1'''r;: BLISLAINEY M. SAINZ MY COMMISSION # EE 155210 EXPIRES: December 21, 2015 p5,h, Bonded Thru Notary Public Underwriters 4 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Steven J. Wernick , who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 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. Steven J. Wernick Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 20 The foregoing s v r�owledged Y re me is k��h day of ja MORI who is a(n) individual/partner/agent/corporation of i\v,,etr nct Y / u,P a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) to e an oath. (Stamp) 1r?r ^i; .,, BLISLAINEY M. SAINZ .,, !!! .*`- MY COMMISSION # EE 155210 :.r��; o EXPIRES: December 21, 2015 14,;RAA'osP"' Bonded Thru Notary Public Underwriters ature_ Rev. 07-2013 5 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Gabin Investments Inc. Percentage of Ownership 100% Subject Property Address(es) 28 NW 32nd Street 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): Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of -PVC► 1 20 tc ' , by vm `J v r`CM(C cam( • who is a(n) individual/partner/agent/corporation of Pc ��Y Yam" Y, LLP a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) tale an oath. (Stamp) Rcv. 07-2013 /sq1' Y ?_ BUSLAINEY M. SAINZ L ,pit MY COMMISSION # EE 155210 a•..nf�: ;' EXPIRES: December 21, 2015 .'�„•oFC?•' Bonded Thru Notary Public Underwriters 6 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Michael Comras Percentage of Ownership 100% Subject Property Address(es) 20 NW 32 Street and 25 NW 31 Street Miami, FL 33127 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): Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Block A, Price's 3100-3160 N. Miami Ave STz-ye1") 1 /tm ,*C Addition to St. James Park according to the plat thereof as recorded in Plat Book 4, Page 47 of the the public records of Miami -Dade County, Florida 'j Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this - 1 day of f pry 20 , by uSC=rYI 1 CX- - who is a(n) individual/partner/agent/corporation of fcr LLB a(n) individual/partnership/corporation. He/She is personally known to me. or who has produced as identification and who did (did not) to e an oath. (Stamp) Rev. 07-2013 BLISLAINEY M. SAINZ MY COMMISSION # EE 155210 m,n!i �..,,;,` EXPIRES: December 21, 2015 Fl,d;r Bonded Thru Notary Public Underwriters 6 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Severino Broz Percentage of Ownership 100% Subject Property Address(es) 25 NW 31 Street & 20 NW 32 Street 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): .S-i-en kih.4'/1 i`Ck Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): *64) Owner(s) or Attorney Signatur The foregoing was acknowledged before me this ' (Q day of JQtwo rl U2 20 1 r'J , by S'i-et/p( Qr u Ck I who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) - a o-th. (Stamp) 46tra:P ( MARIA GONZALEZ % * MY COMMISSION # EE 131076 EXPIRES: October 22, 2015 4,l/ Qf FL��`' Bolted Rau Budget Notary Santis Signature Rcv.O7-2013 6 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Miami -Dade County Percentage of Ownership 100% Subject Property Address(es) 22 NW 31 St., Miami, FL 33127 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): 2938 NW 1 Avenue 63 NW 31 Street Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Lot 1 in Block 3 of St. James Park, Plat Book 3, Page 65 Lot 26 in Block A of Price's Addition to St. James Park, Plat Book 4, Page 47 Owner(s) or torney Signature Q114jThe foregoin as acknowledged _blare me this day of 20 IS , by V a & ij I Q./l df who is a(n) individual/partner/agent7'corporatioh of Icy►►-'t ft&.. a(n) individual/partnership/corporation. He/glieds personally known to me or who ha produced as identification and who did (did not) tie an oath. (Stamp) 'Py c, INGRID BETHUNE MY COMMISSION It FF 073177 `• I"1p' EXPIRES: February 21, 2018 Bonded Thru NotaryPublic Underwriters Rev. 07-2013 OFFICLAL F!LE, C UPS' CLERK OF THE BOARD OF COUNTY COMMISSIONERS MIAIII-DA.DE COUNTY, FLORIDA MEMORANDUM Agenda Item No. 8(K) (2) TO: Honorable Chairman Jean Monestime and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. County Attorney DATE: SUBJECT: April 21, 2015 Resolution consenting to the inclusion of a County -owned property located at 22 NW 31 Street, Miami, Florida as part of adjacent property owners' application to the City of Miami for the rezoning of the adjacent properties and the County property from zone T3-O to T4 Resolution No. R-310-15 The accompanying resolution was prepared by Public Housing and Community Development Department and placed on the agenda at the request of Prime Sponsor Commissioner Audrey M. Edmonson. R. A. Cuevas, Jr. ) , County Attorney RAC/cp Date: To: From: Mayor MIAMIDADE Memorandum ,z April. 21, 2015 Honorable Chairman Jean Monestime and Members, Board of County Commissioners Carlos A. Gimene ,,,,r,'»3—: Subject: Resolution Authorizing Conse t to the Inclusion of a County -owned Property Located at 22 NW 31 Street, Miami, Florida as part of a City of Miami Rezoning Application for Adjacent Privately Owned Properties -Recommendation It is .recommended that the Board of County Commissioners (Board) approve the attached resolution consenting to the inclusion of County -owned property located at 22 NW 31 Street, Miami, Florida 33127, (Folio No. 01-3125-028-0020) (County Property) as part of three (3) adjacent properties rezoning application to the City of Miami to rezone the adjacent properties and the County Property from zone T3-0 to T4; and further authorizing the County Mayor or the County Mayor's designee to take all actions necessary to include the County Property as part of the adjacent property owner's rezoning application to the City of Miami. Scope The County Property, which is maintained by Public housing and Community Development Department (Department), is currently zoned T3-O. The County Property is located in Commission District 3 represented by Commissioner Audrey M. Edmonson. Fiscal Impact/Funding Source There will be no fiscal impact to the County. The County Property is currently part of a Section 8 New Construction rental development, consisting of eight (8) units, and the rezoning will not affect the current use of the property or the existing or future residents, TracktlRecord/Monitor Freddie Nay, Housing Asset Management Specialist with the Department's Contract Administration Division, will continue to monitor the management of the property. Background On January 9, 2015, the Department was contacted by the attorney representing three (3) adjacent property owners to include the County Property as part of their rezoning efforts for their properties, The inclusion of the County Property was recommended by the City of Miami since it prefers to establish a T4 transition zone between the T5 zone on North Miami Avenue and the T3 zoned neighborhood to the west of the proposed rezoning area. Honorable Chairman Jean Monestime and Members, Board of County Commissioners Page 2 For the Board's reference, a description from the City of Miami's Zoning information, regarding these zoning categories are provided below: Zone Description T3 The Sub -Urban Zone consists of low -density areas, primarily comprised of single- family and two-family residential units with relatively deep setbacks, streetscapes with swales, and with or without sidewalks. Blocks may be large and the roads may be irregular geometry to accommodate natural and historic conditions. T4 The General Urban Zone consists of a mixed -use but primarily residential urban fabric with a range of building types including rowhouses, small apartment buildings, and bungalow courts. Setbacks are short with an urban streetscape of wide sidewalks and trees in planters. Thoroughfares typically define medium-sized blocks. T5 The Urban Center Zone consists of higher density mixed -use building types that accommodate retail and office uses, rowhouses and apartments. A network of small blocks has thoroughfares with side sidewalks, steady street tree planting and buildings set close to the frontages with frequent doors and windows. By including the County Property, it will create a continuous band of T4 zoning between the other zones as noted in the attached zoning map. The City of Miami requires an authorization letter from the County in order to include the County Property as part of the rezoning application. Attachments Russell Benfo"rd Deputy Mayor MEMORANDUM (Revised) TO: Honorable CbairmRrI Jean Monestime and Members, Board of County Commissioners FROM: R. A. as, Jr County Attorney DATE: April 21, 2015 SUBJECT: Agenda Item No. 8(K) (2) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenges or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's T, 315's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Approved Mayor Agenda Item No. 8 (K) (2 ) Veto 4-21-15 Override RESOLUTION NO. R-310-15 RESOLUTION CONSENTING TO THE INCLUSION OF A COUNTY OWNED PROPERTY LOCATED AT 22 NW 31 STREET, MIAMI, FLORIDA AS PART OF ADJACENT PROPERTY OWNERS' APPLICATION TO THE CITY OF MIAMI FOR THE REZONING OF THE ADJACENT PROPERTIES AND THE COUNTY PROPERTY FROM ZONE T3-O TO T4; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO TAKE ALL NECESSARY ACTION TO INCLUDE SAID PROPERTY IN THE CITY OF MIAMI' S REZONING APPLICATION WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and WHEREAS, Miami -Dade County ("County") owns property located at 22 NW 31 Street, Miami, Florida 33127 (Folio No. 01-3125-028-0020) ("County Property"), for which the legal description and zoning map are provided in Exhibit A attached hereto and incorporated by reference; and WHEREAS, the County Property is currently zoned T3-O; and WHEREAS, the City of Miami wishes to establish a T4 transition zone between the T5 zone on N. Miami Avenue and the T3 zoned neighborhood to the west of the proposed rezoning area; and WHEREAS, the adjacent property owners, whose properties are also zoned T3-O, have requested that the County consent to the inclusion of the County Property in their rezoning application to the City of Miami, attached hereto and incorporated by reference as Exhibit B, for purposes of rezoning both the adjacent properties and the County Property to zone T4; and Bruno A. Barreiro Jose "Pepe" Diaz Sally A. Heyman Dennis C. Moss Sen. Javier D. Souto Juan C. Zapata Agenda Item No. 8 (K) (2) Page No. 2 WHEREAS, the rezoning of the County Property does not affect the current use of the County Property as a rental property; and WHEREAS, this Board has no objection to the inclusion of the County Property in the rezoning application and further has no objection to the rezoning of the property, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. The matters contained in the foregoing recitals are incorporated in this resolution by reference. Section 2. This Board hereby consents to the inclusion of the County Property as part of three (3) adjacent properties rezoning application to the City of Miami to rezone the adjacent properties and the County Property from zone T3-O to T4, and further authorizes the County Mayor or the County Mayor's designee to take all actions necessary to include the County Property as part of the adjacent property owner's rezoning application to the City of Miami. The foregoing resolution was offered by Commissioner Esteban L. Bovo, Jr. who moved its adoption. The motion was seconded by Commissioner Sally A. Heyman and upon being put to a vote, the vote was as follows: Jean Monestime, Chairman Esteban L. Bovo, Jr., Vice Chairman absent Daniella Levine Cava aye aye aye absent absent Audrey M. Edmonson Barbara J. Jordan Rebeca Sosa Xavier L. Suarez aye aye aye aye aye aye aye f Agenda Item No. 8(K)(2) Page No. 3 The Chairperson thereupon declared the resolution duly passed and adopted this 21st day of April, 2015. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Christopher Agrippa By: Deputy Clerk Approved by County Attorney as /j 1-\, to form and legal sufficiency. Terrence A. Smith t., Exhibit A Property Address: 22 NW 31 Street Folio Number: 01-3125-028-0020 Legal Description: ST JAMES PK PB 3-65 P 4.41.1 #2 A/K/A LOTS 4 THRU 6 BLK 1 6r. -; A Z oning Map Map Parcels West of N. Miami Ave City of Miami, FL COMPREHENSIVE PLAN .APPLICATION Please:refer teiSecti.o.n .6241 edtbi 411.1atrif C.6 Code rot OpfrombosiyePien infot.ma,tiem. f.V.Y.OrnioK On 0q.natf '1.stStr0-0.:10010tib04, 1. ApplipAnt(9: 2, -8ubjeot property :oddreaa(es)..iiincl :f010.hi.htbOsy. 22, & 2$ NW .el `:St. and :20' 'tk.28: NW $2.St, S. Present 4seignAtion(s)! Cititile)e ROSidentlaf 4, Future designatiohtt): .L6W• Dertity RettritteOLCOmmardial 5. if the requested :Land itlee s sOproved; will' a. kbzOning] be tequestO obnaiatendy with the: :ZQfljn AtIae per FS 183318.4.(3).(e)? 'Yes. if ye3 pteaSG dontadt Planning et 306416.-1400. 6. Has the:design's:00h of thia:sproperty been Changed hi tnei'leat year? If So, ,When? no 7, Do yotkoWn :enyothor propertyWithiti:200leato`rthe. subject property:1 •• If tho:pr9prty..b0en.briOtectA ;14010: 1.)$6. Ohange Wit* the test Year? Tio , Cna ,(1).' griginal; two() r .toriles .end one (1): :8.4x1copy of the Survey Of the prop.orty. preparedby a.:State. of FlOrido rogjatool landl:a0royor nionths *.frorn the dater,,of the, :ahlgoatipp:, 9.. ,A .olear and ,tegible copy .of the recorded Warranty ,deedand ,te$< -fonts of the hiOst ourrent 'yest thowihg,the.preseht.•ownat(a):and:lagAt OeSoription of the property to 1-11 °ton the lad a 1.. cieqpiptipti crn .thqaurvyi.. 19, A .clear .°nO...141;4e-,dopy..of thg. subleot.Oroosily?adrireat(eS) and ega1 01.0.sgriptiori.(s).on S. seperste sheet, IStisisd ast xi-04A", .matoh. with thooprrent orvao iegardoc.1.1ptlpo, 11 lOast two photographs showing the -entire, property Snowing and a rid Improvements., 12,,,'Oopy of the tobby1aregistration.processed,by thoOffloe.ofthe;Qity..elpfic, if app1.100ble",,, 13,. Affidavit of Atithritily, .to • Abt and the DisciOSOte.:Oi9tlypersh/0 of alt contract pu.rolissists, opplipableof the su,b)pot propertY., 1.4.!For,011q0rOtaticifi and: partnerstilPs indigo*. .$) Aritoles. of lhoaippretioh:. .b) Certificate frprn'T0i0ap.sfKil showing good than on (1:).year.,,p1;t• .Corporate: RP$611.1tOn Or a Power Of ..Atto.nipy 'lgrted hy The Sedreitary of the Corporation .authorizing.the''person who.Sigiied thespliijoation.t6 do sti;' d) Non-profit organizatfons: A .1iSt bfBoarcl of Dite6tot le`ss -10 Wane (1):y6 15 Cottif0d,list of owners 'Of 4'661 estatwkhin0.0,feet.Of the subject property 16. origitiat-DiiatiOura bf .0-00/d0r-satioiT.Provicloc:1-io'Comtnittoct for Agreement lo Support or 'Withhold .014616ttaii-Affi'avit., . • • • 17,- Original rvu.bliotonooi:.C.ohourrshoy 'Menage/71M t•SySterh...Entered siRoquirpronts form, to COMPRE.HNSIVE PLAN AF:IpoonoN. 18, •The.OLit410.0.Prci.P0tYlles). qa0P9t*h.itY10, ah.y..Open c0de eqtbrperneritillen •vtolatkOnc.. • 10, W.44 lithe sore00e. Ofthe br.0104roper1y 0164' AllOroXiinettely'l . -20...4atlethe pu rpooe.pf this ApplioatiOninatOre 1.4,fpropo0Pg! se? ttaMi&rnzdne 21 „le the ,.property W016 the boundaries .Of s hlstortc site, historic dlstrlct r Orehec4O61.01. .4011.67 Please. 40.11tasot*Pianilirig arld.4.0ning Depeiinlent on thw.:VMoo.r.for InfOrmatiom Z. .10 the property within the PoOderePsOf:SkOntirOnMentel .13reservstkiri sOleirldt7 pleosttintodiN): P14hrtinti SticaOhing Deportnienton the .3m Fliti.tir .foY infetrnetiOn. no .4.. la prOperty WIthIn the .0dssteS1 I4qh1104at.(1 AttA. (oHlIA)? .P.leeee .Ontildt.ther.01enniog .Zontng 060000100i .on the :8rd floOr fcit..information end :ftitther Inetrabil - 1710 . . '24....Y\ttket v40.110 'be the giitipipeteck.durstio,sh. of the' preeentation In tont Pf.the:. Appeals BoArd 201tirl. •end/or 1:141ty Oomnilssfon ".'20 2.&.Cotof prepoepeinp.spdprdinp to SOO on"6?!422.of the. M10r0. city Pede*: AppilestionV Ad 0:)ebp**hen0ive.11010hbortibOc.i.P11,Ret 00,09 MVertielnp :$ UOO.00. e, Soho?' 0o.npurrenpy Rro.OPOIN: t. 150.00; Mali tietipe fee per notice 4.$0 e. Meating package .mallip0:f0A. per peakege $ %OD: 4g0p$.0ver: t20, 000,04 •:shOlf be poid in the frm ofa oemfled chern cashier cheok at MO* order; ekkoniari,.i.L16 -00:psE Third Ave, SuIi:2SQQ FL 3.313t teven,wernlck©kermaricort 09014i4r4if ;Nernie. Steven J Werrlck •TelOtiprte r396,982.$0.79..: _ „ •E-mail •$TAMF.. .FLORiDAUkTY:C.I.... 01.1AMItAbt 2.6 TAiitlkir7gboying 20 e kno.rtiledrit:riteRe.th3s, ' . 36' who is e(n) individOattpartneriegentleprporatfigh:ef Xrel &1 n L LA?, 1riOtulotialipartnershi010.rpiciiation. 1-te/Sheis vt3rS0iitillii-knowikto me or Who hiii:.produobd IdentlflOstion arld.Wh*.d10'(d1ct not)telc. • "($tetrip) PI 'P, sAiNa- " oill tset.;-utiAMMIWoN10166* btrIBE*goodser2i;k00" Adc.11-60 tyre. 0740a a REZONING APPLICATION 'Please refer to.Micio 7.128 ofijie.MfmiI21 Coolelor Rezoning iniormatiOn, 1, Appllcant(s) .SteYeV,' Wernick on behaltof Bfg Street Re§idencesi Li4 „ SObigibt.prePcirtY address(es) end 1'000 number(s) ,f 22:and 25:NW al St:& 20,8% 28 'NW ''a2 Present.tonlrig designation(s):' T3-Q PrOposed'zoriing designation(s); 5.; Per• Matt 211 Artiole 7,1;2,8, 6.2 ,(g), an analysis .tif :the Properties'within 8 o*hrnfle radius .61 the Stibleot property, thplUdingaerial ph* ,of the site at. to-why:the :preSerit *ling :deSIghatiOn Is inapppprlate and,propOSed zoning desiOnetion 'iS apiprapr:late, 6, One (1) original, two (2) 1 1 xl ooP(es and one (1) 84x11 Copy of; the survey of the property Prepared by.a State of ;Florida registered land surveyor Withln:slX (6) months from the date :Of the. opplicOlon. 7, .Jt\ pleat and :legible .Copy.Of the.. recorded :warranty deed and:'tax forms of Me .mot 'current year. showing the preseitowrier(e), end legal description of theproPerty to match the legal description on tho, suniey,- A. PIPaf',arld IsgIbIbopycthe Subjectproperty.,,adch'eps(ei)' 4ncl leg61 dgi6e.(0.tioil(s) AigOariate,. sheet 1,0bolod'aetkhiljjti.K,40 MatOh wah.Abo.ourrOnt.suNOyslOigal dO0Oription:. • g. At leasttWO photographs shOwiriglhe entre propertyShoWinglerld and IttprOVOMents, • W Copy 'f the lobbyist reOlatratiOri,.prO0e.beed by the Offideof 11,,AfficlOt, btAtithority..16 Act knO the .0180160re ,or,OMIetS.iiip Of el! dOntraot,purChaserS, lf applicable —of the subjeot. property. .F:oraJ orporatione and bartnerehlitis:Indloated:: .0) A.rticiee efInPorP dr'eti ,-ortifiOatO frotil:Taltaliatiseo'hOwingvooti, standing leSslien one -(1) year Ofq;_ o). tPirpOtate....Reol‘ltion or ..et Power of Attorney signed by the ..soretary of the ;corpOration authorizing the person who signed the application to do, so; 0), Nolt.ProfOrganizationa Poardot,OlreotPrOesethen.:.ohe :(1) yearOld; 13 Q.er.tifJoc.i !II:st.of, °woofs of reatestate within:600 feot:of the SubjeOt property, • 14, grigin. al ,bisotosyte pr. Pondere179n 'Provided ot Cornrrilftp(1.tor AgroomOot t9. Support. or Withhokf objw,tiort Affidavit 16: Original Publio,Sphooi Conourrortoy MartewernentSystom :Entered i*utionients form., 16. Titi6 eu.bject prOpertY000 'cannot haVe any:Pben Ode enforcerneht/lien violations. Vt. What is the acreage of the project/property 061 ApPrtndrriatelY 1.13 acres ItcV.-:, _9744 013 REZONING :APPLICATION. 18.What* the purpose. Pf this iapplicatien/naturo .Of propoSed Cre010 1r6n0011 .Z016' 19. Is. the. property within 'the boundaries 'of e'historiceltei.. iiiStorlo district Or-areneblOgidal iPlease contact the Planning.andZoning Deportitant.O0 :the ?.kl 'Hear fOrl:nformation, . no . 0 Is the OoPertY Within the boUndarlo.$of an Envlronniental, Preservation 0010 :Plee$0, contact the. Planning and Zoning..bepartitent.On..the-e.000t for inforinatiCri: •:21, 'What would be.th.e anticipated duration of the•proseritation In front.of the:: PlanningZoning arid Appeals beard •204riin andiorta Pity CernmiSsion ,2p of.prece_ssing.acoording:to aection of the Miami .pity code*: Phange.4ofloriiiig:ClaSolficationgtO; a..CS,TRI T3-L, T3.O 7r4FiR, PI: PersquatefoOt of riot lot area MirilMu.rnOSSumes a 'p,000'.000an*foot.log. b. TO41 Q., T6A 1-6724 D2, D3, Tt1-36 :0, 1•64111 0; square foOt notiotaree •.d,. Advertising •ct. chool COncurrencY.ProcOPaintl aMaH Ootipp teeipOr no* f; Meeting packotp Mailing fes. per pacioop 'Eteeis Over$24:000,0ks)heit he paid in the Signature Naive toloPhone Steven J. VVernick ofErc edified check patthierA chock, or money order Address EmaII . eteven.WOrnIck6akermen.cOm •*STATE OF .FLOri11311/4•— 'COUNTY Or ;MIAMI:IDA,10 The foregoing -was acIWOwledged bOore me t 1 )bin \AllY1 20 ‘G by :.9YeNEArl VA-n\dayof who a(n) intlividual/partneriagenticOrporation .Of _ a(n) IndivIdpelipattnerphip/corpotation. :17.1e/S.he is-P61044.11YlawillicuZie...or who has produced "as Identifidation and who:did (did not) taX on oath. (Stamp) • EILISUVIte M. PARC MY COMMIS§1914, Eg I"EXPIREq: tivattner1.20-1.6 ii.OntlerittaklotorgiuMidoividiro. Ignatur Rey, 07-7015 3 PREHENSIVE PLAN APPLICATION.. S Ct..° SUR E 0.r OW.N'ERSHIP LiSt the Owner(s) otthe.suPipot property and .06rOat.ltatia.pt OWnership, .NOte: The Miami dity.Oode requires disclosure of all parties haying •,a finanOlal interest either direOt or•Indlrsot, with,respect,to a presentation, request or .petition, Acoordingfy; disclosure .of sharehOlders. -of corporations, beneificiaries of ;trusts, ..andfor any :Other -Interested parties, together with their address(es) and preportionateinterett• ate"required.' Pipoo,sUpply addltiOnal liSts,:if necessary; Ownerts.Narne(es) (Y1 k6.ti-s, (-16,11W•r,,,:5 'Percentage of -Ownership it:sc stood proefty Adciros.6) ?Jo .1qu: 4345-k-.4 .(274 leYV.c4-1.rxi 2. List all 'street addresS(eS) arid legal detoription(s) of ahy property kicated within 500,feet of the subject preperty Owned by any and all parties:1100i in questIOn #1 aPOVe. Please t upplY additional lista, 11 necessary. -$treet Address(es):, ate -S 140 M txreNi Mkir\o,„ek• OWner.(s) or Attorney Name Lege! Description(e); poets I 12i31415i4141420( (04 aVo.i•Vkoy'\ 4-c; .-.)4N,4fy*t •kt:Ava 0614 4.16.-Ithe-C,49%..14 .%.•‘Az3; PW- •44; ;11..c v'e_e_dubs fAtc..6.10\i-04.442. STATE OF FLORIDA-, COUNTY OF MIAMI,DADE The foregole4Was Oblmowiejiged before•Melhis . 1I-141'1 :day of :d 0.44.take • 1-5 itA( kcA el) •Coivi 0-5 who. laa(n) individualfriagenticorporatien of 2> ,s-r )44-4c- indiVicluatiptirtnershipicerporattOn, He/She isetSenall known to me or who has produced as Identification and:Who did (did nbt)tae anpath. -(Stamp) LORRE DIAMPNI) NOTARY ruauo STATE, OF FLORIDA com#Frooepo Expires 10/5i294 7 re• Rttyj •07-202 /it '5 :REc.'NI NIG AppocATioN• !.111'S.O'L t`Jj't.E. "0 F FtS111.1'- List the OWner(t).of the t1;00t Ora15011Y.aild P6raerita0 of" OWilarShipi 'Note: The MIaM City OOde requires disclosure of all patties hefta iinarioai IntereA',eitherdirect orindlOot, with respectiO a presentation, 'requeSt or :petition, :Acetirdlrigly, disclosure o Shareholders of corporations,. Peneficiarias- of trusts, and/Or any other Interested partiesi together with their :addresS(es) :and prOporti °nate I nterestare !reqpi red. i?lease sup* additional Usts,. if osoasePrY, OWnef eNarrie(ee) seVerino Brbz. Percentage .of Ownership 1:00%. s141?iPot'Property Address(es) :25 NW 31 Street & 20 NVV2sir6et... 2, List all street address(ee) and legal descriptiOn(S) of any. property faceted within .600 feet of the subject property owed oy pry and all'parties listed in question Xl above; Piease 'supply additional (ists,if necessary Stroet.Address(es): Leoal Voeciiption(!): .574:eve"7,Pe4.4.1 )Nok.,,- Owner(s) or Attorney;Name :OE ivit.AmojApp owner(s) or AttOrney Slgnatur The foreOping -W66-60knOwleciged.,befOre roe -this. 1:4) day of ouar who ie a(n)individualiprittr.leriagentidorporation of • a(n). individlialipartherehipioorpo ration. :IdejSfie IS personaily:knownto me or who has produced :as identification -and who did •s(did•not 0' th, (Stamp) 441:,`!.%"4, MARiAeoeuiz i„ ocgiktissioNtaN t3IO * , P„ 'EXPIRES! 000020016 4.4korti:Ce 'Bootigi*B0.1201011Y Soth# wv,gri4.P si9nOure. /5- REZONING APPLICATION DISCLOSURE OF OWNERSHIP 4List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires `disclosure of ail parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Gabin Investments Inc. Percentage of Ownership 100' Subject Property Address(es) 28 NW 32nd Street 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): Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 , by who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev, 07-2013 6 OMPREHENSIVE PLAN APPLICATION DISCLOSURE OF OWNERSHIP : List:ttie.:ovf rie&(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Miami -Dade County Percentage of Ownership 100% Subject Property Address(es) 22 NW 31 Street, Miami, FL 33127 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): 2938 NW 1 Avenue Lot 1 in Block 3 of St. James Park, Plat Book 3, Page 65 63 NW 31 St. Lot 26 in Block A of Prices addition to St. James Park, Plat Book 4, -Page 47 Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 , by who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev, 07-2013 5 '41 r" + City of Miami Transaction Statement Financial Transaction ID: 182344 Transaction Qate: Jan 16 2015 4:54PM MAC WYN 2, LLC 1261 20th STREET (305)374-5600 FEE SUMMARY Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - APPLICATION/APPEAL MS-203 COMPREHENSIVE PLAN AMENDMENT 0,6579 ACRES $3,289,50 HEARING BOARDS - APPLICATION/APPEAL MS-204 REZONING (CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-0, T5-R, T5-L, T5-0., T6-R, T6-L1 CI) 28657,0000 SQ. FT. $14,328,50 HEARING BOARDS - PUBLI.0 HEARING MS-216 CONCURRENCY REVIEW - SCHOOL BOARD 0.0000 N/A $150,00 HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS 276.0000 NGH X HRGS $1,242,00 HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - LU POLICY 1,5,4 21.0000 NGH X HRGS $94,50 HEARING BOARDS - PUBLIC HEARING MS-227 PUBLIC HEARING - PUBLIC MEETING PACKAGE . 1.0000 UNITS $72,00 HEAFCING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - ADVERTISING • 2.0.000 UNITS $3,000.00. HEARING BOARDS - PUBLIC HEARING MS-229 PUBLIC HEARING - GOVERNMENTAL AGENCY 0,0000 N/A $1,.000.00 HEARING BOARDS - P.UBLIC HEARING MS-241 PUBLIC HEARING - MEETING MAIL NOTICE - APPLICAN T/AP P EA LLA NT 3.0000 HEARINGS $13.50 otat: $23490.00 Receipt Ref Nbr: R1502092-1/0106 r- UC-.)i-- L'L aan/16/7U15 4:54 PM IR ARE -APPLICATION REFERRAL 0112v028Q0-214 013112&Q270250; 013125027008Q, 01'3 .2 .0270070 Folio # Resk erwes Date Steven J. Werni.ck; on behalf of fdbat,S-W+ - kE and Miami -Dade County as, Cp-applicant December 23, 2014 Parcels between NW 31 St. and NW 32 St Applicant Name Project Name 305-982-5579 Steven.wernick@akerman, com Applicant Phone Number Applicant E-mail Address 22 & 25 NW 31 Street; 20 & 28 NW 32 Street Project Street Address TO BE COMPLETED BY THE OFFICE OF ZONING: ❑ One (1) 24"X36" or larger set of signed and sealed plans ❑ Survey within one year with Building Baseline established by Public Works T3-O Rezoning & Comp Plan Amend. - Section 7.1.2.8 Transect Zone Type of Permit Requested — Code Section Applicant proposes rezoning land area of approximately 49,000 square feet from T3-O to T4-L to create transition zone between T5-O properties at west side of North Miami Ave and residential (T3-O) neighborhood to the west. Applicant proposes to amend the future land use designation from Duplex Residential to Low Density Restricted Commercial. Summary of Request - Ref: rral is ued by: Date CITY OF MIAMI PLANNING & ZONING DEPARTMENT Ph'. 305-41 G-1499 444 SW 2,d .Ave 40' Floor Miami, 1^I. 33130 www.miamipv.com/zoning �ayue 07t24:2O13 PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING December 30, 2014 Steven J Wernick, Esquire Akerman LLP 1 SW 3`d Avenue, Suite 2500 Miami FL 33131 Re: 22 & 25 NW 31st St., 20 & 28 NW 32nd St, Application: PR-14-165 Existing Zoning Designation: T3-O Net: Wynwood/Edgewater District: 5 Dear Mr. Wernick: During our Pre -application meeting on December 22, 2014, you presented the following request: Rezoning per Article 7, Section 7.1.2.8 (c) (1), to allow the successional rezoning of land with more than 40,000 square feet or 200 feet of street Frontage on one street. The proposal is to rezone the site from T3-O to T4-L for a land area of approximately 49,000 square feet. The abutting transect zones are T3-O and T5-O. Based on the request, staff has prepared the following comments. Please note, that these comments are not to be construed as a recommendation of approval. Staff's comments are: 1. Provide a current survey for the Miami -Dade County owned property. 2. Submit official documentation (i.e. signed letter on Miami -Dave County letterhead) granting you permission to act on the County's behalf for the requested Change of Zone and Land Use. This information is required to have a complete application package. 3. The applicant presented a survey for the property at 28 NW 32nd St. dated 09-03-2013. At time of application the submittal of a survey no older than six (6) months is required. 4. The deadline to submit a complete Rezoning application is January 16, 2015. 5. A school concurrency letter is required; please contact the Hearing Boards Department at 305.416.2030 with questions concerning the concurrency process. 6. The applicant shall also apply for a Land Use change from Duplex Residential and to Low Density Restricted Commercial to correspond with the proposed rezoning. 7. If the applicant chooses to proffer a restrictive covenant associated with the rezoning request, the document shall be submitted with the rezoning application package for 444 SOUTHWEST SECOND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 — www.MIAMIGov.COM review and approval by the City of Miami's Law Department and Planning and Zoning Department prior to the anticipated Planning, Zoning, and Appeals Board public hearing. 8. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots. 9. Be advised, that the Planning and Zoning Department reserves the right to make recommendations pertaining to which Transect Zone will yield the most coherent zoning pattern in the context of the immediate vicinity. Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this supplementary information. The Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. Furthermore, the proposed Zone Change is subject to review and compliance with the requirements of all City departments, as applicable. Sincerely, Cc: line Ellis er II Derrick Cook, Plan Coordinator, Pamela Stanton, Zoning Plans Processor Christine Hwa, Hearing Boards Coordinator Antonio Perez, Land Use Chief 22 & 25 NW 31 St. and 20 & 28 NW 32 St. PR14-165 Pre -Application comments Page 2 MCNP and Rezoning Public Hearing Process 2015 Calendar Year The following is the semi-annual cycle calendar for Rezoning and Future Land Use amendments for Planning, Zoning and Appeals Board (PZAB) Applications as per City Code Section 62 - 8 "Procedures for Amending the Comprehensive Plan" and Section 7.1.2.8 of the Miami 21 Code. See back-up resolutions and ordinance Land Use and Rezoning Cycle - March Date Application Submitted to Hearing Boards On or before January 16, 2015 Pre -Application Meeting Deadline December 23, 2014 Applications may be heard by PZAB On or before second meeting in March 2015 Application will be scheduled for: City Commission [First Reading] Second meeting in April 2015 Land Use and Rezoning Cycle - September Date Application Submitted to Hearing Boards I On or before July 17, 2015 Pre- Application Meeting Deadline June 26, 2015 Applications may be heard by PZAB On or before second meeting in September 2015 Application will be scheduled for: City Commission [First Reading] Second meeting in October 2015 http://www.miamigov.com/Hearing_Boards/Deadlines.asp 22 & 25 NW 31 St. and 20 & 28 NW 32 St. PR14-165 Pre -Application comments Page 3 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 * 31st Street Residences Application Phone * 305.982.5579 Application Email * steven,wemick@akerrnan.com Application Address * 22 & 25 NW 31 St; 20 & 28 NW 32 St. Contact Fields Information Contact Name * Maeve Desmond Contact Phone * 305.755.5842 Contact Email * maeve.desmond@akerinan.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email jellis@miamigov.com; mirfernandez@miamigov.com Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3125-028-0020; 01-3125-027-0250 Additional Folio Number 01-3125-027-0080; 01-3125-027-0070 Total Acreage * 1.13 Proposed Land Use/Zoning * Low Density Restricted Commercial Single -Family Detached Units Single -Family Attached Units (Duplex) * Multi -Family Units * qD kb Total # of Units * J • 1O Ili'-) Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a I' ocal government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * Steven J. Wernick Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner(s)/A ttorney/Appl icant Signature The foregoing was acknowled ed before me fhse day of 20 , by G, �� .t �Yi UDC. [ Yl who is a(n) individual/partner/agent/corporation of A cr r v- �Gj-�� a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who ,Ii.i raid ....) ...i.,. _.- oath. (Stamp) Sin. ture i BLISLNNEY M. SAINZ MY COMMISSION # EE 155210 EXPIRES: December 21, 2015 1,pg .... Bonded Thru Notary Public Underwriters i 11111111111111111 11111 111111111111111 11111111 this Ineounwnt Prepared ►r.. YRAN BROZ 3001 SW 4 Street Miami, Fl. 33135 Property Appr<tfwn Phut Inerdifacetian .Foss) Numbirlik: 01-3125,-027-0080 & 0240 Gtunalil S.S. Ili.: SPACE ABOVE IRIS LINE FOR PftOCESSIND DATA 041a fQuft-atlaim Beth, Ezecuted day of dQetr,wQ�c,. , 4.D, .2003 , by YRAN BROZ, a married man Arta party, to SEVERINO BROZ CFN 2005R t551923 OR Ek 23423 Fs 4072i (1P9Y REWORDED 05/31/2005 13:03:02 DEED DOC TAX 0.60 HARVEY RUVINr CLERK. OF COURT MIAIII-DADE COUNTY, FLORIDA LAST PAGE SPACE ABOVE TINS LINE FOR RECORDING DATA whose post gffice address is 1300 N. Miami Ave. , Miami, Fl. 33136 sect d party: (WM,..., ..a Mm the l. Yoe piny .na.s •end pasty •1'•11 tnclua..,npula a Wu ui, n.n,, loyal r.p,.L IYI..., ant, ••lean• d iwnwwa: ,...n4 aw uc...on uw w w,pn. al capw.uon,. win.r.r 1A. condom NAM, w j iiiiitntouetli, That the said first party, for and in consideration of the sum of $ it) ,00i,. in hand paid try the said second party, the receipt whereof is hereby acknowlt dyed, dues hereby remise, release and quitclaim unto the said secoTtel party forever, all the right, title, interest, claim and demand which the said first party hue in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Miami -Dade , State of Florida , to -wit: Lots 30 & 31 and the South 43.57 feet of Lots 12 & 13, Block "A", of PRICE'S ADDITION TO ST. JAMES PARK, according to the Plat thereof as recorded in Plat Book 4, Page 47, of the Public Records of Miami -Dade County, Florida. Grantor and Grantee herein are father and son. This is not the homestead of the Grantor nor is it contiguos to the homestead of the Grantor, the Grantor resides at 3001 SW 4 St., Miami, F1. 33135. Ott 3{aut mull to MORI The same together with all and singular the appurtenances thereunto belonging or tin anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. 3in 341itutaa Villicrtaf, The said first party has signed tad sealed these prescnts the day and year first above written. /Signed, sealed rind delivered in the presence of Wit..., 9.p.iw. (•s to tent Cnauh 1 _tat N..w lkiLar 4. o.tw. Oa la i,.o Gnat." P,:u.d N w,r Winer y,g.alan t.. a Co-Cr.a.t, if.,v) ?naiad Nun. Pawed Nwn. Yet nil. A LL... Co-C,.„w, 5,g0.l.n. ,f Ng Pnd..t tlw,,. Gild... 44..44n W a C..Crwlor, it Any) Pw, Ott,c. A.1.61.. Pnaud Nua. STATE OF E1trxi da. COUNTY uF Miami —Dade _) o admit oter oaths and take acknowledgments, personally appeared YRAN BROZ, a married man known to me to be the torsoo delcribed'wand who executed the foregoing instrument, who acknowledged before me that he .c,:utrd the sane, that d Relied upon the following forul_ of Identification of the uhuY..10oulod portion_: Flori da Driver' s License. and that an oath (weaXwau not) Luken. k t hereby Certify the on this day, before me, an officer duly authorized 2S Nw 31 sr, aid 2e NjA;325' NOTARY (WEINER STAMP SEAL 1 Witness my hand end official tie a County and State loot aforesaid dlis divot' .!I 14.' ,A.r 2-4212 2 f':anal N„t.n 3423/Page4072 CFN#20050551923 Page 1 of 1 Return 10 (enctse seile00ressed stamped envelope) Name sOCEAN TITLE SERVICES, INC Luis A. Consuegra, Esq. Adores 780 NW 42 Avenue, Suite 300 Miami, FL 33126 This Instrument Prepared by'. AND IN CONNECTION WITH THE PREPARATION OF A TITLE POLICY OCEAN TITLE SERVICES, INC, c/ti LUIS•A. CONSUEGRA, ESQ. Address 780 KW, 42nd Avenue, Suite 300 Miami, FL 33126 Property Appreisens Parcel Identification (Folio) Numbet(s) 01.3125-027-0070 WARRANTY DEED SPACE ABOVE THIS LINE FOR RECORDING DATA tit Ai. 20444?G0111 O'21:349F. / r=t t,)' JIJN 06 12:54 I)I)Cy[fDEE lr53:i0-u0 SIAIR 1,3??,,, 1 IRn1RVEY RIJVINr CLERK I)AOI' COUNTY r 11, This Warranty Deed blade and erecuteal the 89 rlcn' of AD, 21102 M' JUST° HERNANDEZ and DULCE HERNANDEZ, Ills wife, ' 0069NR' 127 Terrace, Hialeah G dens, Florida 33018 of the Camay of Aliami•Datle, State of Florida hereinafter called the GRANTORS, to GARIN INVESTMENTS, INC„ n Florida corporation, whose past once address is R421 NIY 8111 Street, Suite 406, Albion, Pl. 33126 hereinafter culled the grantee; Wit n esscth : That the grantor, fie (111a1 in Cut EShlerariun of the stun of Ten and no/l00 (S 10.00) Dollars, and arbor goods and valuable considerations, receipt whereat f is hereby acknowledged, by these presents does grant. hargain, sell, alien. remise, release, convey and confirm Into the grantee, all that certain land situate in A (iarni• Dade County, ,Store of Florida. Os: The North WO feet of Lots 12 and 13, Block "A", of PRICE'S ADDITION TO ST. JAMES PARK, according to the Plat thereof, as recorded In Plat thereof as recorded in Plat Book 4 at page 47 of the Public Records of Miami -Dade County, Florida. The Subject property is commercinl property. SUBJECT TO: Taxes for the Year 2002 Ind subsequent years; Conditions, restrictions, easements and limitations appearing in the Plat and common to the neighborhood. Together with all the renernerus, llercdimnwnr and appurtenances thereto belonging ur in anyWvseappertaining. To Have and to Hold, the sum infee simple forever. And the grantor hereby covenants with sari/ grantee duo it is fmvfidh' s'r•ixd of said lard in fee simple that is has good right and lawful authority ro sell and cunycT said land: rhut it hereby filly warrants the title to said land and thin defend the .same against the lassf d claims rfallpersons whomsoever; and said lard is freer fall encumbrances In Witness Whereof the graham has hereunto sW Iris hand arid seat the day and year first above written. is d, sealed , d delivered in the presence of, ii ny Duna W Iness Sianatua P— 7-0 c Printed? me ti s'ro III:RNANUE% Address',10069 NW 127 Terrace , Rialeah Gardena. FL 33018 • _.t (c'C D111.C1i 11L ItNANI)1':Z, his wife ISam1 AJJuu a1 alnn rl • 0 'l r, tIC BA. 20400G0112 STATED!' FLORIDA COUNTY OF MlAMI•DADIi The foregoing instrument was acknowledged before me this Kati day of I 2002 b>' }USTO HERNANDEZ AND DULCE HERNANDEZ, his wife. They produced as i ntification their Florida Driver's Licenses, and did take an oath. My Commission Expires: NEIDA WADES MY COMMISSION k CC 937038 EXPIRES AW 13,2004 604.9 imuWei Puw.wo,nMm �i. NOTARY PUBLIC: d C'AS nit Nerve: NEIDA VALDES State of Florida at Large (seal move, Cowry, amok Row, }'/RII ro HARVEY RUVIN CL RN GROAT 00i/Nr U 0 State of Florida Department of State I certify from the records of this office that GABIN INVESTMENTS, INC. is a corporation organized under the laws of the State of Florida, filed on May 7, 1991. The document number of this corporation is S50412. I further certify that said corporation has paid all fees due this office through December 31, 2014, that its most recent annual report/uniform business report was filed on April 21, 2014, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of January, 2015 leorikk ati4A. Secretary of State Authentication ID: CU9873442580 To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# S50412 Apr 21, 2014 Entity Name: GABIN INVESTMENTS, INC. Secretary of State CC7850963514 Current Principal Place of Business: 6135 NW 167 STREET E-13 MIAMI, FL 33015 Current Mailing Address: 6135 NW 167 STREET E-13 MIAMI, FL 33015 US FEI Number: 65-0261881 Certificate of Status Desired: No Name and Address of Current Registered Agent: TORRES, MARTHA 6135 NW 167 STREET E-13 MIAMI, FL 33015 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Title PSTD Name TORRES, MARTHA Address 6135 NW 167 STREET E-13 City -State -Zip: MIAMI FL 33015 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MARTHA TORRES PSTD 04/21/2014 Electronic Signature of Signing Officer/Director Detail Date State of Florida Department of State I certify from the records of this office that 31ST STREET RESIDENCES, LLC, is a limited liability company organized under the laws of the State of Florida, filed on May 12, 2014, effective May 8, 2014. The document number of this company is L14000077243. I further certify that said limited liability company has paid all fees due this office through December 31, 2014, and its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of January, 2015 Vor" 04A Secretary of State Authentication ID: CU9522591194 To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html OPERATING AGREEMENT OF 31ST STREET RESIDENCES, LLC a Florida limited liability company Table of Contents SECTION 1 - FORMATION OF THE COMPANY 1 1.1 Foiination 1 1.2 Name 1 1.3 Purpose; Powers 1 1.4 Principal Place of Business 1 1.5 Teini ., 1 1.6 Filings; Agent for Service of Process 1 1.7 Title to Property 2 1.8 Payments of Individual Obligations 2 1.9 Independent Activities; Transactions With Affiliates 2 1.10 Definitions 2 SECTION 2 - PERCENTAGE INTERESTS/CAPITAL CONTRIBUTIONS 4 2.1 Percentage Interests. 4 2.2 Initial Capital Account Balances. 4 2.3 Capital Accounts 4 2.4 Limitation of Liability 4 2.5 No Right to Withdraw 5 SECTION 3 - DISTRIBUTIONS 5 SECTION 4 - MANAGEMENT 5 4.1 Manager 5 4.2 Powers 5 4.3 Reimbursements 7 4.4 Indemnification of the Manager 7 SECTION 5 - ROLE OF MEMBER 7 5 1 Member Compensation. 7 5.2 Member Liability 8 5.3 Transactions Between the Member and the Company. 8 SECTION 6 - ACCOUNTING, BOOKS AND RECORDS 8 6.1 Books and Records 8 6.2 Reports 8 6.3 Tax Matters. 8 SECTION 7 - TRANSFERS 9 -i- 7.1 Restrictions on Transfers. 9 7.2 Prohibited Transfers 9 7.3 Rights of Unadmitted Assignees 9 7.4 Distributions and Allocations in Respect of Transferred Percentage Interests 9 7.5 Construction after Admission of Additional Members 10 SECTION 8 - DISSOLUTION AND WINDING UP 10 8.1 Dissolution 10 8.2 Effect of Dissolution. 10 8.3 Winding Up 10 8.4 Compliance With Certain Requirements of Regulations; Deficit Capital Accounts. 11 8.5 Winding Up and Certificate of Dissolution 11 SECTION 9 - MISCELLANEOUS 11 9.1 Notices 11 9.2 Binding Effect 12 9.3 Captions 12 9.4 Severability 12 9.5 Incorporation by Reference 12 9.6 Further Assurances 12 9.7 Variation of Pronouns 12 9.8 Governing Law 12 9.9 No Third -Party Rights 12 9.10 Independent Representations i3 j 9.11 Relationship to Articles of Organization and the Act 13 Exhibit A - Percentage Interest 14 Exhibit B - Opening Capital Account Balances 15 OPERATING AGREEMENT OF 31ST STREET RESIDENCES, LLC a Florida limited liability company (the "Company") The Company shall be governed by the following: SECTION 1 FORMATION OF THE COMPANY 1.1 Formation . The Company has been formed as a limited liability company under and pursuant to the provisions of the Act by the filing of Articles of Organization with the Florida Department of State, and with an effective date of May 12, 2014 (the "Articles"). The rights and liabilities of the Member shall be as provided under the Act, the Articles and these Regulations. 1.2 Name . The name of the Company is 31ST STREET RESIDENCES, LLC, and all business of the Company shall be conducted in such name. The Manager may change the name of the Company. 1.3 Purpose; Powers . (a) The purpose of the Company is to purchase, lease, own, operate, finance and sell real property located in Miami -Dade County, Florida and to perform any and all other functions allowed by law. (b) The Company has the power to do any and all acts necessary or advisable in furtherance of the aforementioned purposes of the Company. 1.4 Principal Place of Business . The principal place of business of the Company shall be at 1261 20th St, Miami Beach, Florida 33139. The Manager may change the principal place of business of the Company to any other place upon ten (10) Business Days' notice to the Member. The registered office of the Company in the State of Florida is c/o Michael Comras, 1261 20th St, Miami Beach, Florida 33139. 1.5 Term . The term of the Company commenced May 12, 2014, and shall continue until the winding up and liquidation of the Company following a Dissolution Event as provided in Section 8 hereof. 1.6 Filing; Agent for Service of Process . (a) The Manager shall cause the Company to be maintained as a limited liability company in good standing under the laws of the State of Florida. (b) Upon the dissolution and completion of the winding up and liquidation of the Company in accordance with Section 8, the Manager shall promptly execute and cause to be filed Articles of Dissolution in accordance with the Act. 1.7 Title to Property . All Property owned by the Company shall be owned by the Company in its own name and as an entity and the Member shall not have any ownership interest in such Property in his individual name; the Member's interest in the Company shall be personal property for all purposes. 1.8 Payments of Individual Obligations . The Company's credit and assets shall be used solely for the benefit of the Company, and no asset of the Company shall be Transferred or encumbered for, or in payment of, any individual obligation of the Member. 1.9 Independent Activities; Transactions With Affiliates . (a) The Manager shall be required to devote such time to the affairs of the Company as may be necessary to manage and operate the Company. (b) Insofar as permitted by applicable law, neither this Agreement nor any activity undertaken pursuant hereto shall prevent the Manager from engaging in whatever activities the Manager chooses, whether the same are competitive with the Company or otherwise, and any such activities may be undertaken without having or incurring any obligation to offer any interest in such activities to the Company or its Member, or require the Manager to permit the Company or its Member to participate in any such activities. 1.10 Definitions . Capitalized words and phrases used in this Agreement have the following meanings: "Act" means the Florida Limited Liability Company Act, Florida Statute § 608.401, et seq., as amended from time to time (or any corresponding provisions of succeeding law). "Additional Capital Contributions" means, the Capital Contributions made by the Member as set forth on Exhibit A attached hereto. In the event a Percentage Interest is Transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Additional Capital Contributions of the transferor to the extent they relate to the Transferred Percentage Interest. "Affiliate" means, with respect to any Person (i) any Person directly or indirectly controlling, controlled by or under common control with such Person (ii) any officer, director, general partner, member or trustee of such Person or (iii) any Person who is an officer, director, general partner, member or trustee of any Person described in clauses (i) or (ii) of this sentence. 2 For purposes of this definition, the terms "controlling," "controlled by" or "under common control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person or entity, whether through the ownership of voting securities, by contract or otherwise, or the power to elect at least fifty percent (50%) of the directors, managers, general partners, or persons exercising similar authority with respect to such Person or entities. "Agreement" or "Regulations" means this Agreement including all Exhibits and Schedules attached hereto, as amended from time to time. Words such as "herein," "hereinafter," "hereof," "hereto" and "hereunder" refer to this Agreement as a whole, unless the context otherwise requires. "Bankruptcy" means, with respect to any Person, a "Voluntary Bankruptcy" or an "Involuntary Bankruptcy." A "Voluntary Bankruptcy" means, with respect to any Person (i) the inability of such Person generally to pay its debts as such debts become due, or an admission in writing by such Person of its inability to pay its debts generally or a general assignment by such Person for the benefit of creditors, (ii) the filing of any petition or answer by such Person seeking to adjudicate itself as bankrupt or insolvent, or seeking for itself any liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of such Person or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking, consenting to, or acquiescing in the entry of an order for relief or the appointment of a receiver, trustee, custodian or other similar official for such Person or for any substantial part of its Property, or (iii) corporate action taken by such Person to authorize any of the actions set forth above. An "Involuntary Bankruptcy" means, with respect to any Person, without the consent or acquiescence of such Person, the entering of an order for relief or approving a petition for relief or reorganization or any other petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or other similar relief under any present or future bankruptcy, insolvency or similar statute, law or regulation, or the filing of any such petition against such Person which petition shall not be dismissed within ninety (90) days, or without the consent or acquiescence of such Person, the entering of an order appointing a trustee, custodian, receiver or liquidator of such Person or of all or any substantial part of the Property of such Person which order shall not be dismissed within ninety (90) days. "Business Day" means a day of the year on which banks are not required or authorized to close in Florida. "Capital Contributions" means, with respect to the Member, the amount of money and the fair market value of any property (other than money) contributed to the Company by the Member increased by amounts subsequently contributed to capital and reduced by distributions of capital. "Code" means the United States Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. 3 "Company" means 31ST STREET RESIDENCES, LLC, a Florida limited liability company. "Effective Date" means the date hereof. "Manager" means Michael Comras initially and any substitute elected from time to time by a majority in interest of the Members. "Member" means Michael Comras and any Person who has become a substituted or additional Member pursuant to the terms of this Agreement. "Person" means any individual, partnership (whether general or limited), limited liability company, corporation, trust, estate, association, nominee or other entity. "Property" means all real and personal property acquired by the Company, including cash, and any improvements thereto, and shall include both tangible and intangible property. "Registered Office" means the registered office of the Company as filed with the Secretary of State of the State of Florida. The registered office of the Company in the State of Florida is c/o Michael Comras, 1261 20th St, Miami Beach, Florida 33139. "Transfer" means , as a noun, any voluntary or involuntary transfer, sale, pledge or hypothecation or other disposition and, as a verb, voluntarily or involuntarily to transfer, sell, pledge or hypothecate or otherwise dispose of. SECTION 2 PERCENTAGE INTERESTS/CAPITAL CONTRIBUTIONS 2.1 Percentage Interests. The Percentage Interest of the Member immediately following the execution of this Agreement is set forth on Schedule A attached. 2.2 Initial Capital Account Balance. The opening Capital Account Balance of the Member immediately following the execution of this Agreement shall be as set forth in the Schedule of Opening Capital Account Balances attached hereto as Exhibit B along with a description of the property which makes up such Account Balance. 2.3 Capital Accounts . Except as specifically provided in this Agreement, the Member may not withdraw or have the right to demand a return of all or any part of the Member's Capital Account or be paid interest on the Member's Capital Contributions or Capital Account. The Member waives the right to partition Company property. The foregoing shall not constitute a waiver of any Member's rights upon dissolution of the Company. 2.4 Limitation of Liability . To the fullest extent permitted by the Act, neither the Member nor the Manager shall be personally liable for any debts, obligations or liabilities of the 4 Company whether arising in tort, contract or otherwise, solely by reason of being a Manager or Member or acting or omitting to act in such capacity or participating in any capacity in the conduct of the business of the Company. 2.5 No Right to Withdraw . Notwithstanding anything in the Act to the contrary, the Member shall not have the right or power (a) to withdraw as a Member of the Company prior to the dissolution and winding up of the Company pursuant to the terms of Article 8 or (b) to have the Member's Percentage Interest redeemed or to receive any liquidation distribution prior to the dissolution and winding up of the Company. SECTION 3 DISTRIBUTIONS The Company may make distributions from capital, income and profits and of Company property as determined in the sole and absolute discretion of the Manager. SECTION 4 MANAGEMENT 4.1 Manager. (a) The management of the Company shall be vested in the Manager. The Manager may also appoint officers. Initially, Michael Comras shall be the Manager and President. (b) The Manager shall perform management duties in good faith, in a manner the Manager reasonably believes to be in the best interests of the Company, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. A person who so performs his or her duties shall not have any liability by reason of being or having been a Member of the Company. (c) The Manager shall have the power to delegate authority to such employees, agents and representatives of the Company as it may from time to time deem appropriate. (d) The Manager shall not be liable under a judgment, decree or order of court, or in any other manner, for a debt, obligation or liability of the Company unless such liability was incurred as result of the Manager's acting beyond the scope of his duties. 4.2 Powers. 5 (a) Except as otherwise provided in this Agreement, all powers to control and manage the business and affairs of the Company shall be exclusively vested in the Manager and the Manager may exercise all powers of the Company and do all such lawful acts as are by statute, the Articles or this Agreement directed or required to be exercised or done by the Manager and in so doing shall have the right and authority to take all actions which the Manager deems necessary, useful or appropriate for the management and conduct of the business and affairs of the Company, including exercising the following specific rights and powers: (i) Conduct its business, carry on its operations and have and exercise the powers granted by the Act which may be necessary or convenient to effect any or all of the purposes for which it is organized; (ii) Acquire by purchase, lease, or otherwise any real or personal property which may be necessary, convenient, or incidental to the accomplishment of the purposes of the Company and which has been approved or directed by a majority in interest of the Members; (iii) Operate, maintain, finance, improve, construct, own, grant options with respect to, sell, convey, assign, mortgage, and lease any real estate and any personal property necessary, convenient, or incidental to the accomplishment of the purposes of the Company; (iv) Execute any and all agreements, contracts, documents, certifications, and instruments necessary or convenient in connection with the management, maintenance, and operation of the Company's business operations, or in connection with managing the affairs of the Company; (v) Borrow money and issue evidences of indebtedness necessary, convenient, or incidental to the accomplishment of the purposes of the Company, and secure the same by mortgage, pledge, or other lien on any Company assets; (vi) Execute, in furtherance of any or all of the purposes of the Company, any deed, lease, mortgage, deed of trust, mortgage note, promissory note, bill of sale, contract, or other instrument purporting to convey or encumber any or all of the Company assets; (vii) Prepay, in whole or in part, refinance, recast, increase, modify, or extend any liabilities affecting the assets of the Company and in connection therewith execute any extensions or renewals of encumbrances on any or all of such assets; (viii) Care for and distribute funds to the Member(s) by way of cash flow, return of capital, or otherwise, all in accordance with the provisions of this Agreement, and perform all matters in furtherance of the objectives of the Company or this Agreement; 6 (ix) Contract on behalf of the Company for the employment and services of employees and/or independent contractors, such as lawyers and accountants, and delegate to such Persons the duty to manage or supervise any of the assets or operations of the Company; (x) Engage in any kind of activity and perform and carry out contracts of any kind (including contracts of insurance covering risks to Company assets and Manager liability) necessary or incidental to, or in connection with, the accomplishment of the purposes of the Company, as may be lawfully carried on or performed by a limited liability company under the Act; (xi) Take, or refrain from taking, all actions, not expressly proscribed or limited by this Agreement, as may be necessary or appropriate to accomplish the purposes of the Company; (xii) Institute, prosecute, defend, settle, compromise, and dismiss lawsuits or other judicial or administrative proceedings brought against or on behalf of, the Company or the Member or Manager in connection with activities arising out of, connected with, or incidental to this Agreement, and to engage counsel or others in connection therewith; and (xiii) Indemnify the Manager and make any other indemnification that is authorized by this Agreement in accordance with the Act. 4.3 Reimbursements. The Company shall reimburse the Manager for all reasonable and necessary documented expenses incurred in connection with the organization of the Company or the conduct of the Company's business. The Manager's sole determination of which expenses are allocated to and reimbursed as a result of the Company's activities or business and the amount of such expenses shall be conclusive. Such reimbursement shall be treated as an expense of the Company and shall not be deemed to constitute distributions to the Manager of profit, loss or capital of the Company. 4.4 Indemnification of the Manager. (a) Unless otherwise provided in Section 4.4(b) below, the Company shall indemnify, save harmless, and pay all judgments and claims against the Manager relating to any liability or damage incurred by reason of any act performed or omitted to be performed by the Manager in good faith in connection with the Company's business activities and purposes, including reasonable attorneys' fees incurred by the Manager in connection with the defense of any action based on any such act or omission, which attorneys' fees may be paid as incurred. (b) Section 4.4(a) shall be enforced only to the maximum extent permitted by law, and the Manager shall not be indemnified from any liability for fraud, intentional misconduct, gross negligence or a knowing violation of the law which was material to the cause of action. 7 SECTION 5 ROLE OF MEMBER 5.1 Member Compensation. The Member shall not receive any interest, salary or drawing with respect to his Capital Contributions or for services rendered on behalf of the Company, or otherwise, in his capacity as a Member, except as otherwise provided in this Agreement. 5.2 Member Liability. The Member shall not be liable under a judgment, decree or order of a court, or in any other manner for the debts or any other obligations or liabilities of the Company. 5.3 Transactions Between the Member and the Company. Except as otherwise provided by applicable law, the Member may, but shall not be obligated to, lend money to the Company, act as surety for the Company and transact other business with the Company in which event the Member shall have the same rights and obligations when transacting business with the Company as a person or entity who is not a Member. The Member, any Affiliate thereof or an employee, stockholder, agent, director or officer of a Member or any Affiliate thereof, may also be an employee or be retained as an agent of the Company. The existence of these relationships and acting in such capacities will not result in the Member being deemed to be participating in the control of the business of the Company or otherwise affect the limited liability of the Member. SECTION 6 ACCOUNTING, BOOKS AND RECORDS 6.1 Books and Records. The Company shall maintain at its principal place of business separate books of account for the Company which shall show a true and accurate record of all costs and expenses incurred, all charges made, all credits made and received, and all income derived in connection with the conduct of the Company's business activities in accordance with this Agreement. 6.2 Reports. (a) In General. The Manager shall be responsible for causing the preparation of financial reports of the Company and the coordination of financial matters of the Company with the Company's accountants. (b) Records to be Kept. The Company shall keep at its Registered Office any records required by the Act. 6.3 Tax Matters. (a) Tax Elections. The Manager may, (except as specifically required herein), make any and all elections allowed under the Internal Revenue Code and under Florida 8 law. The Manager is specifically authorized to act as the "Tax Matters Member" under the Code and in any similar capacity under state or local law. (b) Tax Information. The Manager shall be responsible for the preparation of all income and other tax returns of the Company and shall cause the same to be filed in a timely manner. The Member will be furnished with a copy of each such return, together with any schedules or other information, which the Member may require in connection with such Member's own tax affairs. Such information shall be provided by the Company to the Member as soon as practicable after the end of each fiscal year of the Company, but no later than sixty (60) days after the end of each fiscal year. (c) Tax Classification. The Manager shall take and maintain such action as may be required under the Code and the Regulations to cause the Company to be taxable as a sole proprietorship if there is a single Member and as a partnership if there are two or more Members, for federal income tax purposes. SECTION 7 TRANSFERS 7.1 Restrictions on Transfers. No Transfer of all or any portion of a Member's Percentage Interest shall be a Permitted Transfer without the consent of the Manager. 7.2 Prohibited Transfers. Any purported Transfer of a Percentage Interest that is not a Permitted Transfer shall be null and void and of no force or effect whatever; provided that if the Company is required to recognize a Transfer that is not a Permitted Transfer (or if the Members elect to recognize a Transfer that is not a Permitted Transfer), the Percentage Interest Transferred shall be strictly limited to the transferor's rights to allocations and distributions as pro- vided by this Agreement with respect to the transferred Percentage Interest, which allocations and distributions may be applied (without limiting any other legal or equitable rights of the Company) to satisfy any debts, obligations, or liabilities for damages that the transferor or transferee of such Interest may have to the Company. In the case of a Transfer or attempted Transfer of Percentage Interest that is not a Permitted Transfer, the parties engaging or attempting to engage in such Transfer shall be liable to indemnify and hold harmless the Company and the other Members from all cost, liability, and damage that any of such indemnified Member may incur (including, without limitation, incremental tax liabilities, lawyers' fees and expenses) as a result of such Transfer or attempted Transfer and efforts to enforce the indemnity granted hereby. 7.3 Rights of Unadmitted Assignees . A Person who acquires a Percentage Interest but who is not admitted as a substituted Member pursuant to Section 7.6 hereof shall be entitled only to allocations and distributions with respect to such Percentage Interest as the assignor was entitled to, and shall have no right to any information or accounting of the affairs of the Company, shall not be entitled to inspect the books or records of the Company, and shall not have any of the rights of a Member under the Act or this Agreement. 9 7.4 Distributions and Allocations in Respect of Transferred Percentage Interests. If any Percentage Interest is Transferred during any year in compliance with the provisions of this Section 7, profits, losses, each item thereof, and all other items attributable to the Transferred Percentage Interest for such year shall be divided and allocated between the transferor and the transferee by taking into account their varying Percentage Interest during the year in accordance with Code section 706(d), using any conventions permitted by law and selected by the Members. All distributions on or before the date of such Transfer shall be made to the transferor, and all dis- tributions thereafter shall be made to the transferee. Solely for purposes of making such allocations and distributions, the Company shall recognize such Transfer not later than the end of the calendar month during which it is given notice of such Transfer, provided that, if the Company is given notice of a Transfer at least ten (10) business days prior to the Transfer, the Company shall recognize such Transfer as of the date of such Transfer, and provided further that if the Company does not receive a notice stating the date such Percentage Interest was transferred and such other information as the Members may reasonably require within thirty (30) days after the end of the year during which the Transfer occurs, then all such items shall be allocated, and all distributions shall be made, to the Person who, according to the books and records of the Company, was the owner of the Percentage Interest on the last day of such year. 7.5 Construction after Admission of Additional Members. If at any time there is more than one Member of the Company, this Agreement shall be construed so that all references herein to "a Member" shall be deemed to be a reference to all Members, construed in the singular or plural as appropriate. SECTION 8 DISSOLUTION AND WINDING UP 8.1 Dissolution. The Company shall be dissolved and its affairs wound up upon the will of the Manager. Notwithstanding any provision of the Act to the contrary, the Company shall continue and not dissolve as a result of the death, retirement, expulsion, bankruptcy or dissolution of any Member or any other event that terminates the continued membership of the Member. Any successor in interest automatically becomes a Member of the Company. 8.2 Effect of Dissolution. Upon dissolution, the Company shall cease carrying on the Company business (as distinguished from the winding up of the Company business), but the Company shall not be terminated by the act of dissolution alone, and shall continue until the winding up of the affairs of the Company is completed and the certificate of dissolution has been issued by the Secretary of State. 8.3 Winding Up. Upon the occurrence of (i) a Dissolution Event or (ii) the determination by a court of competent jurisdiction that the Company has dissolved prior to the occurrence of a Dissolution Event (unless the Company is reconstituted pursuant to the terms hereof), the Company shall continue solely for the purposes of winding up its affairs in an orderly manner, liquidating its assets, and satisfying the claims of its creditors and Members, and no Member shall take any action that is inconsistent with, or not necessary to or appropriate for, the winding up of the Company's business and affairs, provided that all covenants contained in this 10 Agreement and obligations provided for in this Agreement shall continue to be fully binding upon the Members until such time as the Property has been distributed pursuant to this Section 8.3. The Manager shall take full account of the Company's liabilities and Property and shall cause the Property or the proceeds from the sale thereof, to the extent sufficient therefor, to be applied and distributed in accordance with law. 8.4 Compliance With Certain Requirements of Regulations; Deficit Capital Accounts . In the event the Company is "liquidated" within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g), (a) distributions shall be made pursuant to this Section 11 to the Members who have positive Capital Accounts in compliance with Regulations Section 1.704- 1(b)(2)(ii)(b)(2). If any Member has a deficit balance in his Capital Account (after giving effect to all contributions, distributions and allocations for all Allocation Years, including the Allocation Year during which such liquidation occurs), such Member shall have no obligation to make any contribution to the capital of the Company with respect to such deficit, and such deficit shall not be considered a debt owed to the Company or to any other Person for any purpose whatsoever. 8.5 Winding Up and Certificate of Dissolution. The winding up of the Company shall be completed when all debts, liabilities, and obligations of the Company have been paid and discharged, or reasonably adequate provision for payment has been made, and all of the remaining property and assets of the Company have been distributed to the Member. Upon the completion of winding up of the Company, the Manager or other person designated by the Manager shall deliver a certificate of dissolution to the Secretary of State for filing. The certificate of dissolution shall set forth the information required by the Act. SECTION 9 MISCELLANEOUS 9.1 Notices . Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered, given, and received for all purposes (i) if delivered personally to the Member or (ii) whether or not the same is actually received, when communicated by facsimile and receipt of such facsimile is verified by telephonic communication or if sent by registered or certified mail, postage and charges prepaid, addressed as follows: If to the Company, to: 31ST STREET RESIDENCES, LLC. c/o Michael Comras 1261 20th St Miami Beach, Florida 33139 If to the Manager, to: 1261 20th St Miami Beach, Florida 33139 or to such other address as the Company or the Member may from time to time specify by written notice to the other. 11 9.2 Binding Effect. Except as otherwise provided in this Agreement, every covenant, term, and provision of this Agreement shall be binding upon and inure to the benefit of the Member and such Member's respective heirs, legatees, legal representatives, successors, transferees, and assigns. Any Person succeeding to the Member's interest in the Company shall succeed to all of such Member's rights, interests and obligations hereunder, subject to and with the benefit of all terms and conditions of this Agreement. 9.3 Captions. Captions contained in this Agreement are for reference purposes only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof. 9.4 Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity or legality of the remainder of this Agreement. Notwithstanding anything in this Agreement to the contrary, if for any reason any interest required to be paid hereunder shall exceed the maximum amount permitted by law, such interest shall be automatically reduced to such maximum amount, provided that this sentence shall not be operative if no applicable laws restrict such interest or if no usury defense is available to the obligor of such interest. 9.5 Incorporation by Reference . Every recital as herein above set forth or exhibit, schedule, and other appendix attached to this Agreement and referred to herein is hereby incorporated in this Agreement by reference. 9.6 Further Assurances . The Member agrees to perform all further acts and exe- cute, acknowledge, and deliver any additional instruments and documents which may be reasonably necessary, appropriate, or desirable to carry out the provisions of this Agreement. 9.7 Variation of Pronouns . All personal pronouns used in this Agreement, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa, as the identity of the Person or Persons may require. 9.8 Governing Law . The laws of the State of Florida shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the Manager and the Member without regard to conflicts of law principles thereunder. 9.9 No Third -Party Rights . The provisions of this Agreement are for the exclusive benefit of the Company and the Member and no other party (including without limitation, any creditor of the Company) shall have any right or claim against the Company or the Member by reason of these provisions or be entitled to enforce any of those provision against the Company or any Member. 9.10 Independent Representations . The Company acknowledges that the law firm of KATZ BARRON SQUITERO FAUST has represented the Member in connection with the 12 drafting of the Regulations and the formation and structuring of the Company. The Member acknowledges that the Member has been advised that there are material income tax consequences and economic ramifications from being a Member in the Company and that the Member fully understands the tax consequences and economic ramifications of the Member's investment in the Company. The Member hereby waives any conflicts of interest with respect to KATZ BARRON SQUITERO FAUST'S representations of the Member and the Company in connection with the services set forth in this Section 9.11. 9.11 Relationship to Articles of Organization and the Act . The provisions of this Agreement have been adopted for the management and regulation of the affairs of the Company and sets forth the relationship between the Company and the Member. Accordingly, this Agreement is intended to serve as the regulations of the Company for purposes of the Act, and shall override the nonmandatory provisions of the Act and the Company's Articles of Organization to the extent contrary or inconsistent with the terms hereof. 31ST STREET RESIDENCES, LLC, a Florida limited liability company By: Michael Comras, Manager 13 Member Michael Comras Exhibit A Percentage Interest 14 100% Exhibit B Opening Capital Account Balances Member Description of Property Capital Account Balance Michael Comras $100.00 $100.00 15 CITY OFMIAMI m. o` DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO o�co„oQ� 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: Steven J. Wernick (First Name) (Middle) (Last Name) HOME ADDRESS: Akerman, LLP CITY: (Address Line 1) One SE Third Ave, Suite 2500 (Address Line 2) Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 9 8 2- 5 5 7 9 CELL PHONE: FAX: (305) 3 7 4- 5 0 9 5 EMAIL: steven.wernick@akerman.com BUSSINESS or APPLICANT or ENTITY NAME 31st Street Residences,LLC BUSINESS ADDRESS: 419 41st Street (Address Line 1) Miami Beach, FL 33140 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning from T3-O to T4-L and amending future land use designation from Duplex Residential to Low Density Restricted Commercial 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES 0 NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. 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 Ordinance 12918 and such circumvention shall be deemed a violation of the or civil penalties that may be imposed under the City Code, upon determination disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed effect; and 2. no application from any person or entity for the same considered by the applicable board(s) until expiration to circumvent the disclosure requirements of Ordinance; and that in addition to the criminal by the City Commission that the foregoing void without further force or issue shall be reviewed or of a period of one year after the ` nullification of the application or order. ( `� PERSON SUBMITTING DISCLOSURE: rgna ure S Y6lti J . Ute-e f I 'c Print Name QV Sworn to and subscribed before me this day of Y1 ,lQ (G . The foregoing instrument was ackn wl dged before me by , who has produced V-e rTOh 1 as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA 1\ CITY OF MIAMI MY COMMISSION 1•C n EXPIRES: 1/121 I ^Sc Notary �/j� 4• I fn I 51 1✓ Q 1 flC H 1 Print Enclosure(s) Name Page 2 Doc. No.:86543 111M1111PIPMIMMPIIIMMIS. !,va MY COMMISSION # EE 155210 EXPIRES: December 21, 2015 Np. Bonded Thru Notary Public Underwriters PAGE I OF SCALE: l"=30 FIR I/7 L^ N01.D. _•-ti27EC1� LOT 14 BLOCK A An LOT 29 ENDCA A MUD® NORTH 100.12' OF LOT 13 BLOCK A 100.00'(P) OCCLUDED NORTH 100.00' OF LOT 12 BLOCK A 99.95'(M) 1 INOLU6D M' UTH 43.57 2 OF UT 13 _ BLOCK IITI L0 30 BLOCK A 40.1'(FCI 40,03' 40.0(FC) 40.09 INCWOED 50N11 43.57 OF LOT 12 BLOCK A LOT31 a5� B10CKA 39.50 ONE STORY CB5 R)51024CESD22.41' $ IV AR 1121 NOIA, 10 yrrizt0.37C1_ 20.7YFC7 / L IO LOT 6 1 BLOCK a / 20.4/2 11 V AA. 1.99- CONc 20.38' 17.19' '- 14 c0 o CONc, ._0n 24.a(FC) VAIA 8,14 \ i 14,38 0. 0.)9FC 9.80 ON FORMES 9.2 R.ESIDENCE437 ,80 11.50 1.80' 24.25' 1580 CANC. 24.05' 8' 33.61' 00 4.0 - ONE STORY C95 - RESIDENCE 425 NO. NAIL NO L0. 429,9881) as FRO. NA 1 N01.0. 22' 45P6ALT ROADWAY 50 4.I014-0E-WAY 0/ ITN 1)0 C� 01 .41 1.5'cps NALL 13 50,21FCI CONC 5.00 0 TILE 8 3.50 8 5109 7,40 23.30 to 0 CONC 8 1 I.01FC) 10.94' 1 39 100.00'(P) 009898'(M) GONG. CC d8 A5111I4.0 PARKWAY--. ...--- 2' CONC, CIS Ln 56' LOT BLOCK A LOT 4 BLOCK A LOT 5 BLOCKA LOT7 BLOCCA LOT 8 BLOCK A LOT 9 DLOLKA LOT ID BLOCK A r LONG. I LOT I I ga FIR IIPI BIOLK o LOJ I 'CONC. 5971la _,...-----14TNE55 TRAVERSE UNE--.-A._ END, NAL 3 I st STREET - NO I.O. (215t AVENUE (P)) -PLAT CENTER UNE��• 0 xr es ea .w x PLATNAPLOCATION: (Nor.TOSCALE) LEGAL0E5C8PD0N: LOTS 30 AND 31 AND THE SOUTH 43.57 FEET OF LOTS 12 C 13, IN BLOCK "A", OF PR)CES ADDITION TO 5T. JAMES PARK, ACCORDING TO THE PEAT THEREOF, A5 RECORDED IN PLAT BOOK 4, AT PAGE 47 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORDA PROPERTY ADDRESS: 25 NW 31 STREET 6 20 NW 32 STREET MIAMI, R 33127 INVOICE NUMBER: 01-62166 DATE OF HELD WORK: 10/24/2014 CERTIFIED T0: 315T STREET RESIDENCES:11C SUPERIOR TIRE SERVICES OF SOUTH FLORIDA, INC. OLD REPUBLIC NATIONAL TTTIU INSURANCE CO. FLOOD ZONE: 5 - 120650 - 0312 - L GROSS LAND AREA 18,657 50,FT. (0.43 ACRES) 6a 25 3i 8 A s RE Eg LEGEND: -X -X - CHAIN LANK FENCE - //- //- WOOD FENCE ,CA CR CAN DE EASE EOW FF RP RR FN CENTRAL ANGLE CENTRAL CENTERANE PC CALCULATED FROM FIELD MEASURE PCC CALCULATEDFROM RECORD DATA PK NCENTRAL ANRISER POB CE CENfRALANGLE EN -TAT POC DRAINAGE EASEMENT PRC EASEMENT PT EDGE OF WATER R/W FINISHEDI SBR FOUND IRONONPIPE UE FOUND IRON ROD WM FOUND NAIL UP L - PER LEGAL DESCRIPTION M - MEASURED OHC - OVER HEAD CAME ORB - OFFICIAL RECORDS BOOK PER PLAT PROPERTY UNE POINT OF CURVATURE POINT Of COMPOUND CURVATURE PARKER KALON NAIL POINT OF BEGINNING POINT OF COMMENCEMENT POINT OF REVERSE CURVATURE POINT OF TANGENCY RIGHT-OF-WAY BELL SOUTH RISER UTILITY EASEMENT WATER METER UTILITY POLE NOTES: I.THTS SURVEY 15 BASED UPON RECORD INFORMATION AS PROVIDED BY CUENT. NO SPECIFIC SEARCH OF THE PUBUC RECORD HAS BEEN MADE BY THIS OFFICE. 2. UNDERGROUND IMPROVEMENTS HAVE NOT BEEN LOCATED EXCEPT AS SPECIFICALLY SHOWN. 3. ELEVATIONS ARE BARED UPON NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D. I929). 4. FENCE TIES ARE TO CENTERLINE OF FENCE. 5. IN SOME CASES, GRAPHIC REPRESENTATIONS HAVE BEEN EXAGGERATED TO MORE CLEARLY ILLUSTRATE MEASURED RELATIONSHIPS • DIMENSIONS SHALL HAVE PRECEDENCE OVER SCALED POSITIONS. 6. ALL DIMENSIONS SHOWN ARE REID MEASURED AND CORRESPOND TO RECORD INFORMATION UNLESS SPECIFICALLY NOTED OTHERWISE. 7. CORNERS SHOWN AS 'SET' ARE IDENTI5EO WITH A CAP MARKED LB (LICENSED BUSINESS) N 6799. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS, AS SET FORT BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61GI7.60P THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,027, FLORIDA STATUTE ELEVATIONS SHOWN - IF APPLICABLE -ARE BASED UPON BENCH MARK ELEVATION •/ N.G.V.D. 1929 SIGNED: �V° DATE: 01/102015 ANDREW SNYDER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION No. 5639 (NOT VALID WITHOUT THE SIGNATURE ANO THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER SHOWN ABOVE) IMPORTANT NOTE: IF THIS SKETCH OF SURVEY HAS BEEN PREPARED FOR THE PURPOSES OFDlgitally signed by A MORTGAGE TRANSACTION. IT IS LIMITED TO THE INFORMATION Andrew Snyder REQUIRED FOR THAT PURPOSE. NO FUTURE CONSTRUCTION SHALL BE EASED UPON THIS SURYEY WITHOUT FIRST OBTAINMGAPSPROVAL ON: cn=Androw Snyden AN UPDATES FROM IANDTECH. SAID APPROVALSHALL BE �Landtec Surveying, CONFIRMED BY AN ADDITIONAL SIGNED NOTATION: 'LANDTECN Inc. ou, emaiF=a- APIROVAL FON CONSIBUC/ION" LISTED IN THE REVISION BAR BELOW. LANDTECH ASSUMES NO RESPONSIBILITY FOR ERRORS RESULTING snyderaamsn.cam, c=US FROM FAILURE TO ADHERE TO THIS CLAUSE. Date: 2015.01.16 115232.0500' REVISION SCHEDULE: 12/16/2014 - RE -SCALED DRAWING - CF 1/8/2015 - PLAT LOCATION ADDEO - CF 01/I6/2015 - GROSS LAND AREA ADDED - CF LAND SURVEYING - RESIDENTIAL SERVICES Proudly Serving Florida's Land Title & Real Estate Industries 21000 Boca Rio Road - Ste. Al2 Boca Raton, FL. 33433 1561) 367-3587 - FAX: (561) 465-3145 LandtecSurvey.com PAGE 1 OF I SCALE::"=3O FC I.I(W) 0,1(N) FIP 1/2 UNETYPE LEGEND: BOUNDARY UNE BUILDING UNE CENTERLINE EABEMOIT UNE CHAIN LINK FENCE WOODEN PENCE OVERHEAD CABLE ENCROACH SHOWN IN RED LETTERING LOT 21 BLOCK 1 NW 3 1ST STREET 22' ASPHALT ROADWAY 50 RIGHT-OF-WAY GROSS LAND AREA 20,695 SQ.FT. (0.4B ACRES) - a 7 J I2 • 1 T 4 18 LOT 23 BLOCK 1 30 PIP I/2" 125.00'(P) 124.90'(M) LOT 3 BLOCK 1 6.10' la ooI Ri RX RA R+ X; P1 I � a �, I .1 1 1 1 1, PLATWIPLOCAT I: (H0T•TD IEGALD'SCRIPTION: 1.01- 4, 5, 6, BLOGK I, SAINT JAMES PARK, ACCORDING TO THEPIAT THEREOF A5 RECORDED IN RAT BOOKS, PADE(5165, OF THE PUBLIC RECORD50F MIAMI-DADE COUNTY, FLORDA, PROPERIY ADORE55: 22 Nd' 31 STREET MIAMI, FL 33127 INVOICE NUMBER: 01.02377 DATE OF FIELD WORK: 01/0912015 CERRFID TO: MAC WM 21LC FLOOD ZONE: X- 120650 - 0312 - C LEGEND: — x — x — CHAIN LINK FENCE — //— //— WOOD FENCE BBC CF CR CAN DE EASE EOW FP FIP FIR F` OHC ORB BLOCK CORNER CENTRAL ANGLE CENTER LINE CALCULATED FROM FIELD MEASURE CALCULATED FROM RECORD DATA CABLE TV RISER CENTRAL ANGLE {DELTA) DRAINAGE EASEMENT EASEMENT EDGE OF WATER FINISHED FLOOR FOUND IRON PIPE FOUND IRON ROD FOUND NAIL PER LEGAL DESCRIPTION MEASURED OVER HEAD CABLE OFFICIAL RECORDS BOOK PC PCC PK POB POC PRC : '5W SBR UE WM UP PER PLAT PROPERTY LINE POINT OF CURVATURE POINT OF COMPOUND CURVATURE PARKER KALON NAIL POINT Of BEGINNING POINT OF COMMENCEMENT POINT OF REVERSE CURVATURE POINT Of TANGENCY RIGHT-OFWAY BELL SOUTH RISER UTILITY EASEMENT WATER METER UTILITY POLE NOTES: I.THIS SURVEY LS BASED UPON RECORD INFORMATION AS PROVIDED BY CLIENT. NO SPECIFIC SEARCH OF THE PUBUC RECORD HAS BEEN MADE 0Y THIS OFFICE. R. UNDERGROUND IMPROVEMENTS HAvE NOT BEEN LOCATED 3. ELEVATIONSA E BASED ON NATIONAL GEODETIC VERTICAL D NOWN. M( G,V,D. 19291AS SPECIFICALLY H 4. FENCE RIFS ARE TO CENTRELINE OF FENCE 5.IN SOME CASES. GRAPHIC REPRESENTATIONS HAVE BEEN EXAGGERATED TO MORE CLEARLY ILLUSTRATE MEASURED RELATIONSHIPS- DIMENSIONS SHALL HAVE PRECEDENCE OVER SCALED POSITIONS. 6. ALL DIMENSIONS SHOWN ARE HELD MEASURED AND CORRESPOND TO RECORD INFORMATION UNLESS SPECIFICALLY NOTED OTHERWISE. 7. CORNERS SHOWN AS .SET' ARE IDENTIFIED WITH A CAP MARKED LB (LICENSED BUSINESS) M 6799. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS, ASSET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6 Of THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES ELEVATIONS SHOWN • IF APPLICABLE -ARE BASED UPON BENCH MARK: ELEVATION • SIGNED: ANDREW SNYDER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION No.3639 NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER SHOWNAROVEI N.G.V.0.1929 •� DAM: OI/I6)2015 Digitally signed by IMPORTANT NOTE: Andrew Snyder IF THIS SKETCH OF SURVEY HAS BEEN PREPARED FOR THE PURPOSES of DN: cn=Andre W U A MORTGAGE TRANSACTION, IT I5 UMITED TO THE INFORMATION N Snyder, o=Landtec REQUIRED FOR THAT PURPOSE. NO FUTURE CONSTRUCTION SHALL BE SI.andt BASED UPON THIS SURVEY WITHOUT FIRST OBTAINING APPROVAL eYn g'inc., ou, AND/OR UPDATES FROM LANDTECH. SAID APPROVAL SHALL BE email=a- CONFIRMED BY AN ADDITIONAL SIGNED NOTATION "LANDTECX snyder�msn.com, APPROVAL FOR CONSTBUCTION• LISTED IN THE REVISION BAR BELOW. LANDTECH ASSUMES NO RESPONSIOIUTY FOR ERRORS RESULTING C=US FROM FAILURE TO ADHERE TO TINS CLAUSE. Date: 2015.01.16 10:46:06 -05'00' REVISION SCHEDULE: 01/16/2015 - GR055 AO AREA ADDED - Cr LAND SURVEYING - RESIDENTIAL SERVICES Proudly Serving Florida's Land Title & Real Estate Industries 21000 Boca Rio Road -Ste. Al2 Boca Raton, FL 33433 (561) 3673587 -FAX: (561) 4653145 LandtecSurvey.Com 1ffu 20' 40' GRAPHIC SCALE SCALE 1" = 20 ®NN aMLie S,G ABBREVIATIONS c Length A/C Air Conditioner Pad ASP Asphalt B.M. Benchmark B.M. L.G.S.Block Structure Curb k Gutter CH Chord Distance C/L Center Line C.L.F. Chain Link Fence CONC. Concrete C.S.Concrete Slab DWT. Driveway E.T.P. Electric Transformer Pod F.F.E. Finished Floor Elevation F.I.P. Found Iron Pipe F.N.D. Found Nail & Disc F.R. Found Reber 1.0. Identification INV. Inverts L.F.E. Lowest Floor Devotion M/L Monument Line P.B. Plat Book P.L.P. Permanent Control Point Page PL. Planter P/L Property Line P.O.B Point of Beginning P.B.C. Permanent Reference Point of Commencement P.R.M. Right —of —Way Line Teamwork T.B.M.T.B.Temporary BenchmarkLit V.G.Volley Faker W F Woad Fence U.E. Utility Easement p/5 ParWnq Spaces LEGEND Back Flow Preventer Concrete Light Pais Metal light Pole Guy Wire Utility Power Pole Fire Hydrant *4 War Electric Bo+ Telephone Be. © Sewer Manhole 00L-- Overhead Utility Li p Light Pole Gv Gas Valve WV Water Valve Water Manhole 8 Telephone Manhole g' Monitoring Well _ Chain Link Fence M /L Parking Meter Unknown Manhole Sewer Valve Mali Bos spot Elevation Temporary Benchmark 1.5'-15-10' Diameter —Height —Spread Nl0A-44401 1.0e4 O Pro0erty Comer traffic Sign ® Catch Basin • Drainage Manhole Wood Fence Iron Fence Dd Irrigation Control Valve C.B.S. Roll 9 Clean Out • Guard Pole F.I.P.0 1 /2 N0 ID F.N.D. NO ID BOUNDARY SURVEY of 28 N.W. 32nd STREET, MIAMI, MIAMI—DADE COUNTY, FLORIDA 33127 r JUAN PUENTES ARCHITECTS X x EAST P 50 X--X-- XX_ 100.00 1/ NaID N.W. 32nd "111111 N W. 31st STREET LOCATION SKETCH NOT TO SCALE STREET NO ID BLOCK CORNER F.I.P.0 1/2- NO ID a SURVEYOR'S NOTES: 1. Field Survey was completed on: January 13th. 2015. 2. LEGAL DESCRIPTION: The North 100 feet of the Lots 12 and 13, Block A, of PRICE'S ADDITION TOP T. 47 JAr 01 theES Public Records of according to the Plat dehCounfty. Florid°aid in Plat Book 4, at Containing 10,000 Square feet ar 0.23 Acres. more or less, by calculation. 3. SOURCES OF DATA: AS TO HORIZONTAL CONTROL: North Arrow and Bearings refer to an assumed value of East along the North line of the Subject Property, Miami -Dade County, Florida. Said line is considered well-estoblished and monumented. AS TO VERTICAL CONTROL: By scoled determination the subject property lies in Flood Zone X, as per 1Federal 20650. EMapgNo. 12066C0312, suffix L, Revised Dote: Community-Panel 09 11-2009 umber Management Agency,the Local Government Agency An accurate Zone determination should be mode by the preporer of the map, the Federal Emergency Much matters to orony judgments being made from toeing jurisdiction over s Management the Zes in is noted.nThe referenceduttF"eralthis Emergency insurance purposes yMap only"". states in the notes to the user that "this map is 4. ACCURACY: obtained by measurement and calculation of closed geometric figuress wwaassfound to exceed fgu ethis requirement. f 5. UMITATIONS: The above Legal Description provided by client. Since no other information other than what is cited in the Sources of Data w° that t shown on the Survey Mop contained s furnished, the Client s hereby advised that there may be legal restrictions on the this Subject Report thatym befoundin the Public Records of Miami -Dade within ords °Y other public and private entities as their County, or the records of any s tation as to ownership jurisdictions n may the Su. The Surveyor makes entitynPor individual who moy or 1pp ar in public iC the Subject Property by any I Cher { served by utilities. No improvements located, appear public records. No excavation or determination was made as to how the Subject Proper y is ants were utilities than those shown. No underground foundations, improvem were located or shown hereon. Land This anotice is requiredlidby the"Minimum to uRulee5Jni171 o ttheoForidafor Administrative Surveying n the State of Florida.' P Code. CERTIFY TO: SURVEYOR'S CERT1FICATE: I HEREBY CERTIFY: That the Boundary Survey and of the helieabove verdescriy surveyedd property is true and correct i n. the best of my there are no above ground encroachments unless underowmy direction. Further, the in Chapter forthorbythe shown. This survey meets minimum ndhM technical standards set -.Florida e ursuant to ton 472 027 Florida Statutes. 400miolion if f Flow da Board of Profess onol Surveyors ° d Mappers. Administrative Code, p cowinstruments. the abstract of title wille have to Location mnde a determ ni requested. jace t to pro, rty w re the secured y scnfo iand nformation Twos n of g085te adjacent ip the sublecty toe opinion of c title, as such w°s no r s PURPOSES SURVEY IS NOT RS Y TOPOGRAPHIC SURVEY0000 IS REQUIRED. CTON PURPOSES. FOR THOSE Pier gi Owe= a µi7Zrak~7r p® wea,a oF5AANNETSUAREZ oRANDMAPPERNo.87e1 PROFESSIONAL SURVEY Florida Licensed STATE OFFlAAlOA rl �Ool rolled Seal of a ris other rho o 9 Am or repo Y Nat Yare Ritnout the elgnofur0 and Surveyor and Mapper Addltla slie prohibited withoutr written C0116811t than the signing oBrtiesor parties signing Party or p