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Home My WebLink AboutApplication & Supporting DocsSTEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. March 10, 2015 Ms. Olga Zamora Administrator, Division of Hearing Boards Department of Planning & Zoning City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 Javier E. Fernandez 150 West Flagler Street, Suite 2200 Miami, FL 33130 Direct: (305) 789-3501 Fax: (305) 789-2620 Email: jefernandez@stearnsweaver.com Re: Grove Bay Properties, LLC — Application for Future Land Use Map Amendment & Rezoning Subject Property: 3581 E. Glencoe Street, Miami, FL Dear Ms. Zamora: Our firm represents the contract purchaser, Grove Bay Properties, LLC ("Developer"), of a property located at 3581 E. Glencoe Street, Miami, FL (the "Property"). The site is bounded on the North by Halissee Street, Biscayne Bay to the East, and E. Glencoe Street and S. Bayshore Court to the West and South, respectively. Developer intends to redevelop the Property as a 20-unit, luxury, condominium building with parking and related amenities. In order to advance the proposed development concept, the Developer will need to procure the following land use approvals: (i) a Future Land Use Map ("FLUM") amendment from the present split land use designation of Single Family Residential and Medium Density Multifamily Residential to Low Density Multifamily Residential and Medium Density Multifamily Residential (the "FLUM Application"); (ii) a rezoning of the Property's present split zoning designation of Sub -Urban Transect Zone Restricted (T3-R) and Urban Center Transect Zone Restricted (T5-R) with a Coconut Grove Neighborhood Conservation District Overlay (NCD-3) to General Urban Transect Zone Restricted (T4-R) and T5-R with an NCD-3 (the "Zoning Application"); and (iii) a modification to the Waterfront Setback standards set forth in Section 3(mm)(ii) of the City of Miami Charter (the "Charter") pursuant to the authority provided in Section 3(mm)(iii) of the Charter in exchange for certain public benefits that will enhance direct public access to the waterfront (the "Setback Application"). Future Land Use Amendment The FLUM Application is consistent with the Miami Comprehensive Neighborhood Plan ("MCNP"). Specifically, the amendment requested in the FLUM Application advances the following goals, objectives and policies of the MCNP: 1. Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods;... (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods;... MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASS' E March 10, 2015 Page 2 The FLUM Application protects and enhances the quality of life in the City neighborhoods by improving the condition of the built environment via the replacement of an outdated structure with a building of greater economic and architectural value. The proposed redevelopment will further expand public access to Biscayne Bay through the creation of a recreational amenity on the bay front. In addition, the FLUM Application will advance a more efficient use of the more intense (waterside) portions of the Property and utilize the less intense (landside) portions in a manner that provides for a transition to the abutting, single-family residential sections of the neighborhood. 2. Policy LU-1. 1.3: The City's zoning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety...Strategies to further protect existing neighborhoods through the development of appropriate standards and buffering requirements will be incorporated into the City's land development regulations. The proposed FLUM amendment for the Property is consistent with above policy as it will situate a compatible residential land use of Low Density Multifamily Residential designation between parcels designated Single Family Residential and Medium Density Multifamily Residential, which designations permit markedly different densities and building heights. The adoption of the proposed amendment will advance the standards, buffering requirements, and design review criteria in Miami 21, specifically Art. 4, Table 12 and Section 7,1.2.8. 3. Policy CM-1.1.9: Site development criteria will ensure that development within the Coastal Zone will not adversely affect the natural environment or lead to a net loss of public access to City's natural resources. The FLUM Application will greatly expand public access to a natural resource, Biscayne Bay. Adoption of the proposed amendment will facilitate the redevelopment of the Property in a manner that will permit the construction of a public bay walk along the waterfront, thereby expanding access to the City's natural resources, 4. Goal CM-2: Improve public awareness, appreciation, and use of Miami's coastal resources by preserving water -dependent and water -related uses, ensuring adequate public access to such uses, and minimizing user conflicts. Objective CM-2.1: Wherever feasible, increase physical and visual access to Biscayne Bay... Policy CM-2.1.1: Where appropriate...future land development regulations will require... redevelopment to maintain public access to the coastal and Miami River shorelines. Policy CM-2.1.3: The City will...continue to require the development of the bay walk...along private property through its land development regulations. As noted above, approval of the FLUM Application would advance the above -stated goals, objectives, and policies through the resulting redevelopment of the site and the incorporation the public bay front improvements required under the applicable provisions of the City Charter and Miami 21. In addition to the foregoing policies, the FLUM Application also serves to implement the desired outcomes of Policies CM-2.1 .b and CM-2.1.7. 5. Goal CM-4: Ensure public safety and protection of property within the Coastal Zone from the threat of hurricanes. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, r.A. March 10, 2015 Page 3 Objective CM-4.1: Minimize the potential for loss of human life and the destruction of properly the hurricanes. Policy CM-4.1.1: Enforce building code standards that protect against the destruction of structures by hurricane winds and tidal swells. Objective CM-4.3: Minimize the potential for loss of human life and destruction of properly from hurricanes in the Coastal High Hazard Area. Adoption of the proposed FLUM amendment will allow for the redevelopment of a site and the replacement of a residential building originally constructed in 1958. Redevelopment of the Property will result in the construction of a modern building that will meet existing building codes and meet newly required elevations. The construction of a modern structure and newly mandated elevations will minimize the potential for loss of human life and destruction of property by hurricanes. Zoning Amendment As noted above, the rezoning of a portion of the Property is required to advance the Developer's intended development plan. The Rezoning Application meets the minimum requirements set forth in Section 7.1 .2.8.c,1 of Miami 21 as the Property has in excess of 200 feet of Frontage along Halisssee Street. Pursuant to Section 7.1 .2.8.c.2(g), the existing condition(s) of the radius properties, those located within 1/2 mile of the Property, and their current zoning and FLUM designations are consistent with the Developer's request in the Rezoning Application. As evidenced in the aerial image included in the Rezoning Application (See pg. M-1 .1), the existing pattern of development along S. Bayshore Drive within the Glencoe subdivision consists of multifamily residential structures of between five (5) and seven (7) Stories in Height. The Developer's intended redevelopment, as limited by the transect designation reflected in the Rezoning Application, would result in the construction of a Building along the waterfront portion of the Property that is consistent with the scale of existing waterfront development within the Glencoe subdivision and then step down, to a maximum of three (3) Stories, for the non - waterfront portions of the site. The change will allow the Project to transition to a scale consistent with that of the abutting single-family, residential portions of the Glencoe subdivision. In addition to the foregoing, the requested rezoning further serves to preserve the Neighborhood by providing a more appropriate transition to the T3 portions of the Glencoe subdivision. When examining the current FLUM and transect designations elsewhere within the Neighborhood, it is instructive to note that the Medium Density Multifamily Residential FLUM designation and companion T5-R zoning designations that presently rings the subdivision's waterfront and extends beyond the mid -block of the western side of W. Glencoe Street. The portions of W. Glencoe Street denominated T5-R lacks any transition to the immediately abutting T3-R denominated parcels. The approval of the Rezoning Application provides for an appropriate transition in scale from the more intense transect designation on the Property along the waterfront to the less intense designation in the abutting residential neighborhood. Finally, the Rezoning Application request is consistent with the following Miami 21 goals and guiding principles: 1. Section 7.1.2.8.a — Preserve Neighborhoods by providing transitions in scale. As noted above, approval of the Rezoning Application will provide a designation that will ensure an orderly transition which is both consistent with the scale and intensity of the Glencoe subdivision and will preserve the neighborhood's character. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. March 10, 2015 Page 4 2. Section 2.1.2.a — Conservation Goals a. #3 — Increasing access to the natural environment through Baywalks Approval of the Rezoning Application will facilitate the redevelopment of the Property, which in turn will expand public access to Biscayne Bay as a result of the Developer's need to comply with the stated requirements of Section 3(mm)(ii) of the Charter. b. #6 — Encouraging green Buildings Redevelopment of the Property, resulting from the approval of the Rezoning Application, will permit the construction of a new Building which will be subject to the green building requirements set forth in Section 3.13 of Miami 21. 3. Section 2.1.3.1 — City Guiding Principles a. b. — Growth strategies should encourage Infill and redevelopment. The Developer intends to redevelop the site in a manner consistent with the requests outlined in both the FLUM and Zoning Applications. Adoption of the requested amendments will encourage the redevelopment of a presently underutilized site consistent with the surrounding neighborhood's context and character. 4. Section 2.1.3.3 - Block & the Building Guiding Principles a. i. — Harmonious and orderly change and Development of urban areas should be enabled through a form -based zoning code that guides and regulates change. Finally, adoption of the Zoning Application will ensure a harmonious change that will appropriately transition densities and intensities between the T3-R and T5-R denominated portions of the neighborhood. Therefore, the proposed change advances the very principle advanced in this aforementioned section. For each of the foregoing reasons, we respectfully request the City's approval of these companion FLUM and Zoning Applications. Should you have any questions regarding this submittal, please do not hesitate to contact me at your earliest convenience. Cc: #3982351v2 Sincerely, Javier E. Fernandez Francisco Garcia, Director, Dept. of Planning & Zoning Luciana Lamardo-Gonzalez, Asst. Director, Dept. of Planning & Zoning Jacqueline Ellis, Planner II, Dept. of Planning & Zoning STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON. P.A. View Facing South View Facing North View Facing East View Facing West M-1 View Facing West 1 I MIX UWE Teak ET aneti M-1.1 Current Zoning Designation PORTION OF THE SITE TO BE RE -ZONED FROM :k T3-R TO T4-R Proposed Zoning Designation KTm 1 MINCENS MEDITIE Aa OINNE ET M-2 NM/ N ARTICLE SPECIFIC IDIOM Al ADOPTED-MAY*O11 ILLUSTRATION AA URBAN CENTER TRAN!ECT ZONES (TO) Ilm Paw•lA6nn Ward A W wfwl IR* d item Ah • etn•WIN•nnsll It. paw 1M nnwlt I116NleiWIr I MINN CGNFIGWITION • HamweFina •WW1 sµ.+ oew mnMl•YwNipnNn .01411rY•AnAI«Fan w1OxAIRYn •FYNAe• ..wnYwRN1N AloW NIL DINORACEMENT w- - WAXING KACEMENT IUI014 NOW • V.21 Location Map Nei le Bea 1tp MwIR�M`�YPI`Y`lln� Ip1wA Existing Site Plan eea: 1"v SD'P jE L TWAIN WNW/II �NAN Aar NI,.,Aby 10-00-2014 A-1.0 REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 211d Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamiqov.com/hearing boards 170 sa N Welcome to the City of Miami! This application is intended to serve as a guide in assisting-y4 u with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8'/2x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. ;:, Rev. 07-2013 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. Applicant(s): Grove Bay Properties, LLC . Subject property address(es) and folio number(s): 3581 E. GLENCOE ST.; 01-411019=0001 3. Present zoning designation(s): T3-R/T5-R 4. Proposed zoning designation(s): T4-R/T5-R ry rrl 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) 8%x11 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? 83 +/- acres. or 35, 953 sq. ft. Rev. 07-2013 3 REZONING APPLICATION To allow development of a 18. What is the purpose of this application/nature of proposed use?luxury multi -family condominium 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. Yes - mod prob 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. Yes - mod prob 21. What would be the anticipated duration of the presentation in front of the: a Planning, Zoning and Appeals Board 15 mins and/or llt City Commission 22. Cost of processing according to Section 62-22 of the Miami City Code*: 15 mins 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 form of a certified check, cashier's check, or money order. Signature Address 150 West Flagler Street Name er E. Fernandez, Esq. Miami, FL 33130 Telephone 305-789-3501 E-mail STATE OF FLORIDA -- COUNTY OF MIAMI-DADE jefernandez@stearnsweaver.com The foregoing was acknowledged before me this /..5 day of January 2015 ,by Javier E. Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Grove Bay Properties , a(n) LLC 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 NOTARY PUBLIC -STATE OF FLORIDA Linda Christian Commission # EE077204 Expires: MAR. 24, 2015 BONDED THEO ATLANTIC BOND LNG CO., INC. REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Javier E. Fernandez , 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, n including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Javier E. Fernandez, Esq. Applicant(s) Name Appli nt(s_LSi nattire— STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this /$ day of January 20 15 , by Javier E. Fer ndez who is a(n) individual/partn /a ent/eorporation of Grove Bay Properties, a(n) LLC individual/partnership/corpbiration. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) NOTARY PUBLIC -STATE OF FLORIDA Linda Christian '''"' �@ Commission # EE077204 nis Expires: MAR. 24, 2015 BONDED THRU ATLANTIC BONDING CO., INC. Rev. 07-2013 5 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 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) BAY COLONY LEASEHOLD LLC Percentage of Ownership ROBERT M. OLIVER, III - 100% Subject PropertyAddress(es) 3581 E. GLENCOE 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): Javier E. Fernandez, Esq. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 15 ,by Javier E. Fernandez ,wner(s) orgnat �A day of January who is a(n) individual/partner/agent/corporation of BAY COLONY LEASEHOLD kIpq individual/partnership/corporation. He/She is personally known tome or who has produced as identification and who did (did not) take an oath. (S Gw1 (Stamp) NOTARY PUBLIC -STATE OF FLORIDA Linda Christian �,,`„' Commission # EE077204 Expires: MAR. 24, 2015 BONDED THRO ATLANTIC BONDING CO., INC. Rev. 07-2013 6 REZONING APPLICATION DISCLOSURE OF OWNERSHIP 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) GROVE BAY PROPERTIES, LLC Percentage of Ownership RICARDO VADIA - 50%; OSCAR RODRIGUEZ - 50% Subject Property Address(es) 3581 E. GLENCOE 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): Javier E. Fernandez, Esq. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 15 by Javier E. Fernandez who is a(n) individual/partne agenU) orporation of GROVE BAY PROPERTIES, Td(p) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take aoath.. (Owner(s) ottorney-Signa? (Stamp) NOTARY PUBLIC•STATE OF FLORIDA Linda Christian '-'1�� Commission # EE077204 Expires: MAR. 24, 2015 BONDED THRU ATLANTIC BONDING CO., INC. /b day of January Rev. 07-2013 6 Prepared By/Retum To: Henry Raattama, Esq. Akerman Senterfitt One S.E. Third Avenue 25th Floor Miami, Florida 33131 SPECIAL WARRANTY DEED 111111111111111111111111111111111111111111111 CF 4 2010R04674-56 OR Bk 27350 Pss 4650 — 4651; (lass) RECORDED 07/13/2010 14159:26 DEED DOC TAX 432.00 HARVEY RUVIN, CLERK OF COURT 11IAtiI—DADE COUNTY, FLORIDA THIS SPECIAL WARRANTY DEED, made as of this 1st day of July, 2010, by and between Robert M. Oliver, III, not individually but solely as surviving Trustee of the Elizabeth G. Oliver Revocable Trust dated June 13, 1995, as amended, whose address is 9501 S.W. 61$` Court, Pinecrest, FL 33156, as "Grantor" and BAY COLONY LEASEHOLD LLC, a Florida limited liability company, whose mailing address is 9501 S.W. 61' Court, Pinecrest, FL 33156, as "Grantee". WITNESSETH: That said Grantor, for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considerations to it in hand paid by the Grantee, the receipt and adequacy of which is hereby acknowledged, has granted, bargained and sold to the Grantee, their successors and assigns forever, the following described real property, located and situated in the County of Miami -Dade County and State of Florida, to -wit (the 'Property"): Lot 1, Block 5, and Lots 18 through 22, both inclusive, Block 2, GLENCOE, according to the Plat thereof, as recorded in Plat Book 5, Page 119, of the Public Records of Miami -Dade County, Florida. LESS AND EXCEPT any buildings and/or improvements located thereon.. This conveyance is subject to the following: 1. Conditions, restrictions, limitations and easements of record, if any, without any intent to reimpose the same. 2. Laws, zoning laws, regulations or ordinances affecting the Property. {M2947051;1 } Book27350/Page4650 CFN#20100467456 Page 1 of 2 Order: 14106782 Doc: FLDADE:27350-04650 Page 1 of 2 Created By: Sandra Cardenas Printed: 12/12/2014 2:17:55 PM EST OR BK 27350 PG 4651 LAST PAGE TOGET1H R with all the easements, tenements, hereditaments and appurtenances thereto, if any. TO HAVE AND TO HOLD the same in fee simple forever. Subject to the matters described above, Grantor hereby covenants with said Grantee that that the Grantor has good right and lawful authority to sell and convey said Property and hereby fully warrants the title to said Property and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. IN WITNESS WHEREOF, the Grantor has caused these premises to be executed the / day of July, 2010. Signed, sealed and delivered in our presence: Print name: Ob t I l.>oL14") Robert M. Oliver, III Print name: l 'Pick-c N. 'ver- STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: � S� The foregoin acknowledged before me this day of Ju ty 2010, by Robert M. Oliver, III, who ' rsonally known to me or who produced as identification. Nam Notary Public State of Florida My Commission Expires: MY COMMISSION # 00968644 EXPIRES June 14, 2014 FueeeNeueysereceAege Book27350/Page4651 CFN#20100467456 Page 2 of 2 Order: 14106782 Doc: FLDADE:27350-04650 Page 2 of 2 Created By: Sandra Cardenas Printed: 12/12/2014 2:17:55 PM EST Owner's Sworn -to -Consent Permitting Contract -Purchaser to File for a Hearing (Company) On behalf of Bay Colony Leasehold LLC, a Florida limited liability company, Robert Oliver being first duly sworn, deposes and says that as Manager of the aforesaid Company, which is the Owner of the property legally described below and which is the subject property of the proposed hearing, does hereby grant consent to Grove Bay Properties, LLC, as contract -purchaser, to file this application for a public hearing. Legal Description: Underlying land ground lease for Lot 1, Block 5, and Lots 18 and 22, both inclusive, Block 2, GLENCOE, according to the Plat thereof, as recorded in Plat Book 5, at Page 119, of the Public Records of Dade County, Florida, now known as Miami -Dade County, Florida. Witnesses: Sign. ure Ia b•wt wt Print Name F rz_ee (t4 ry ve 17- (a..ko-ez ignature // eP iV 7/'•1J-ev Print Name STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) BAY COLONY LEASEHOLD LLC, a Florida limitedT ility company Nan%: Robert Oli er Title: Manager Address: q sot 5 L-3 ta • zt$2:e5t' �L. 33tSG The foregoing instrument was acknowledged before me by of 6ay edam( 54) j0 L-LC �, on behalf of the el personall knownp ��y�o me or has produced 'S rC�,rI�P 1"}°'d `t I ke r.k GI,Iris ,"as i ent i i a io he is Witness my signature and official seal this 541 day of GIai''%, , 2015, in the County and State aforesaid. Not Public -State My Commission Expires: CFRISTOPFIER AI SANDFA0011 -'' MY COMMISSION 8 EE181806 EXPIRES March 21. 2016 PletIdatkeryeentaizen (407) 30e4)1e3 PRE -APPLICATION REFERRAL 01-4114-019-0001 December 23, 2014 Folio # Date Oscar Rodriguez Bay Colony Applicant Name (305) 796-9693 Applicant Phone Number 3581 E. Glencoe Street, Miami, FL Project Name oscarrodriguez50b@gmail.com Applicant E-mail Address Project Street Address TO BE COMPLETED BY THE OFFICE OF ZONING: e One (1) 24"X36" or larger set of signed and sealed plans fa" Survey within one year ikICZ- Transe Zone Wibtf2A- V1>--trouLe civi tOvvA 7732 -{., N t30 -1-, lb T4 6ect.7`t.a.$ Type o ermit Requested - Code Section curretAtij Summary of Request 4, R:ferral issued bv: 4/L-4 Date CITY OF MIAMI PLANNING & ZONING DEPARTMENT Ph: 305-416-1499 444 SW 2nd Ave 40, Floor Miami, FL 33130 www.miamigov.com/zoning PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING December 29, 2014 Javier Fernandez, Esquire Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 W. Flagler Street, Suite 220 Miami FL 33130 Re: 3581 East Glencoe Street Application PR-14-175 Existing Zoning Designation: T4-R/NCD-3 and T5-R/NCD-3 Net District: North/East Coconut Grove Dear Mr. Fernandez: During our Pre -application meeting on December 23, 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 a portion of the site from T3-R/NCD-3 to T4-R/NCD-3 for a land area of approximately 18, 730 square feet which has less than 200 linear feet of street Frontage on one street. The abutting transect zones are Cl/NCD-3, T4-R/NCD-3 and T5- R/NCD-3. Based on the request, staff has prepared the following comments. Please note, that said comments are not to be construed as a recommendation of approval. Staff's comments are: 1. Pursuant to Article 7, Section 7.1.2.8 (3) the proposed rezoning the western portion of the Lot located at 3581 East Glencoe Street from T3-R/NCD-3 to T4-R/NCD-3 may qualify as successional zoning change, however the request does not meet the Miami 21 requirement pursuant to Article 7, Section 7.1.2.8 (3) (c) (1) to allow application for rezoning in that, the Lot in question is less than 40,000 square feet of land area, and the Lot does not have 200 feet of street Frontage on at least one street. For this proposal to comply with Miami 21 for Rezoning, the request shall be as follows: 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 change a split zoned lot ( T3-R/NCD-3 and T5-R/NCD-3) to T4- R/NCD-3 . The Lot contains a land area of approximately 60,500 square feet which more than 200 linear feet of street Frontage. 2. The deadline to submit a complete Rezoning application as described in item #1 is January 16, 2015. 444 SOUTHWEST SECOND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 - WWW.MIAMIGOV.COM 3. A school concurrency letter is required; please contact the Hearing Boards Department at 305.416.2030 with questions concerning the concurrency process. 4. The applicant shall also apply for a Land Use change from Single Family Residential and Medium Density Multi -Family Residential to Low Density Multi -Family Residential to correspond with the proposed rezoning. 5. The applicant presented a survey dated 05-04-2012. At time of application submittal a survey no older than six (6) months is required. 6. 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 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. 7. A Unity of Title in recordable form is required for the proposed rezoning of the subject lots. 8. 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, line Ellis PPannl#r II Cc: Derrick Cook, Plan Coordinator, Pamela Stanton, Zoning Plans Processor Christine Hwa, Hearing Boards Coordinator Antonio Perez, Land Use Chief 3851 E. Glencoe Street / PR14-175 Pre -Application comments Page 2 MCNP and Reznnin<r Public Hearing PrM:esc 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 ari�lillit�, fl _ 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 1 Application will be scheduled for: 'City Commission [First Reading] Second meeting in April 2015 Ii Cycle - Application Submitted to Hearing Boards fOn or before July 17, 2015 k Pre- Application Meeting Deadline ________ June 26, 2015 _. !Applications may be heard by PZAB I 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 3851 E. 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(15 Nioman Men ogmla umrmYaucme�� en ma �me lwpu mMaam ider 'mn vre iama Ia•MuxnA.MISYYmvenma. 6ema ON E neP��ocuT6�� 4eivn mane oeg iea�n�eeaex�a fevim i�kueee�ueyneaemmynei a. 1` 0 Q WS g I op mIg cc i W Eltn LS-3075 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ricardo Vadia HOME ADDRESS: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) CITY: Miami STATE: Florida ZIP: HOME PHONE: EMAIL: rvadia@gmail.com CELL PHONE: FAX: BUSSINESS or APPLICANT or ENTITY NAME Grove Bay Properties, LLC BUSINESSADDRESS: 200 South Biscayne Boulevard, Suite 3600 (Address Line 1) Miami, Florida 33131 (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. Re -zoning application pursuant to Section 7.1.2.8 of Miami 21 to change the zoning designation of the property from T3-R/T5-R to T4-R/T5-R; and companion Comprehensive Plan application to change the land use designation from single family residential/medium density multi -family to low density taultifccniily/medium density multifamily. 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? El YES ® NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity f r the same issue shall be reviewed or considered by the applicable board(s) until xpiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: lgnature RICARDO VAD IA Print Name r Sworn to and subscribed before trte this /fiday of 2016 . The foregoing instrument was acknowledged before me by �� ;�-- R(.4 , who has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA 0..../2,,,&4,,,,, CITY OF MIAMI MY COMMISSIOINOTARY PUBLIC-31ATE OF ORIDA Notary EXPIRES:S ' • Linda Chris an ��. C ft x Commission # EEO s4 IJ1)A 2..(Srl `' ;�' Expires: MAR. 24, 2015 Print Name c, Enclosure(s) BONDED THRU ATLANTIC BONDING CO., INC. Doc. No.:86543 Page 2 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ricardo Vadia HOME ADDRESS: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) CITY: Miami STATE: Florida ZIP: HOME PHONE: EMAIL: rvadia®gmail . com CELL PHONE: FAX: BUSSINESS or APPLICANT or ENTITY NAME Grove Bay Properties, LLC BUSINESS ADDRESS: 200 South Biscayne Boulevard, Suite 3600 (Address Line 1) Miami, Florida 33131 (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. Re -zoning application pursuant to Section 7.1.2.8 of Miami 21 to change the zoning designation of the property from T3-R/TS-R to T4-R/T5-R; and companion Comprehensive Plan application to change the land use designation from single family residential/medium density multi -family to low density multifamily/medium density multifamily. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? ❑ YES ® NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity f r the same issue shall be reviewed or considered by the applicable board(s) until xpiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Signature RICARDO VADIA Print Name Sworn to and subscribed before me this /5 day of ..' i� - - -==` , 201.5 . The fbregoiZg instrument was acknowledged before Inc by Rt �,t 'It 4-.6/ • ir who has produced as identification and/or is personally known to me and who did/did not take an oath. , STATE OF FLORIDA f 04/S:LC�J CITY OF MIAMI �/ MY COM 4ISSIOI4oTARY PUBLIC -STATE OF oRIDA Notary EXPIRES: Linda Chris an .=Commission "' C tt #EEO � 4 ,ft?--' �.l i)h (L(ST/ �' Expires: MAR. 24, '2015 Print Name Enclosure(s) BONDED TI U ATLA\TIC BONDLNG CO., INC. Doc. No..86543 Page 2