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HomeMy WebLinkAboutPZAB 7-30-15 Supporting DocumentationPZAB.1 File ID: Title: Location: Applicant(s) PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-00904ec Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA. Approximately between NE 2nd Avenue and NE 4th Avenue and between NE 42nd Street and NE 43rd Street [Commissioner Keon Hardemon - District 5] Javier Fernandez, Esquire, on behalf of 4201 NE 2nd Avenue, LLC 150 W. Flagler Street #2200 Miami, Florida 33130 305-789-3501 Purpose: This will close, vacate, abandon, and discontinue for use the platted utility easement. Finding(s): Planning and Zoning Department: Plat & Street Committee: Recommended approval with conditions. Recommended approval on November 6, 2014, by a vote of 5 - 0. Planning, Zoning and Appeals Board: July 30, 2015. ANALYSIS FOR UTILITY EASEMENT CLOSURE File ID# 15-00904ec REQUEST: Pursuant to Section 55-15 (c) of the Miami City Code, the applicant proposes the closing, vacating, abandoning, and discontinuing for use a 10-foot wide utility easement. PROJECT ADDRESS: A portion of 220 NE 43rd Street FOLIO#: 01-3219-009-0070 APPLICANT: Javier E. Fernandez, Esquire on behalf of the property owner, 4201 NE 2"d Ave LLC. COMMISSION DISTRICT: District 5 - Keon Hardemon ZONING DESIGNATION: T4-L and T5-O NET OFFICE: Wynwood/Edgewater GENERAL INFORMATION: REQUEST: Pursuant to Section 55, Section 55-15(c), of the City Code of Ordinances, the applicant requests the vacation and closure of a 10-foot wide, platted utility easement. BACKGROUND: On March 12, 2015, this property was incorporated within the boundaries of the Miami Design District Retail Street Special Area Plan (Ordinance Number 13505). This area is addressed as Block 5 East of the Miami Design District Retail Street SAP. The purpose of the request to vacate and close the platted utility easement will facilitate redevelopment of the property consistent with the development order. T4- T3-L � . NE 43RD ST ii /// T4=L // /!/// / . fry/ X/T f0 Design District Retail M mi Street Special Area Plan' rQ W T6; As depicted above, the utility easement is located within the property know as 220 NE 43rd Street and travels through the property in an east -west orientation. The utility easement is 10 feet in width and contains approximately 3,585 square feet of land, of the 1.86 acre site. City of Miami Planning and Zoning Department The property is generally bounded by NE 43rd Street to the north, NE 42nd Street to the south, NE 4th Avenue to the East, and NE 2nd Avenue to the West. The complete legal description of the lot is on file with the Hearing Boards Section. ANALYSIS: The following is an evaluation of the request pursuant to Section 55-15(c) of the City Code of Ordinances which provides that in addition to technical requirements for vacation and closures, that the Street and Plat Committee review four (4) public interest findings related to vacation and closures. 1. Public Interest finding: Is it in the public interest, or would the general public benefit from the vacation of the rights -of -ways or easements? Street and Plat Committee Response: The easement is for utilities and is not open to the general public or vehicular traffic. The vacation and closure of the easement will create a unified development site. The ground level of the proposed project includes amenities available to the general public. As part of the re -platting process, new sidewalks and improved roadways will be provided on all abutting public streets enhancing pedestrian and vehicular access and circulation. The ground level of the proposed project includes amenities available to the general public. 2. Public Interest Finding: Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage truck, police, fire or other emergency vehicles? Street and Plat Committee Response: The easement is not open to pedestrian or vehicular access. The general public, police, fire -rescue and service vehicles do not use the easement. 3. Public Interest Finding 3: Would there be no adverse effect on the ability to provide police, fire or emergency services? Street and Plat Committee Response: There would be no adverse effect on the ability to provide emergency and service vehicle access to the adjacent property or the surrounding neighborhood. 4. Public Interest Finding: Would the vacation and closure of the rights -of -way or easements have a beneficial effect on pedestrian and vehicular circulation in the area? Street and Plat Committee Response: The public streets abutting the plat will be improved with new sidewalks and pavement enhancing access to the property while improving pedestrian and vehicular circulation in the neighborhood. The Plat and Street Committee members voted to recommend approval, 5 in favor and 0 in denial, of this easement closure request. CONCLUSION: The proposed utility easement closure is consistent with the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan (MCNP). This closure will facilitate cohesive development, economic growth, and revitalization, as the proposed development on this block is within the Miami Design District Retail Street SAP. Specifically, MCNP Policy LU-1.3.15 states that the City will continue to encourage a File Id # 15-00904ec 2IPage City of Miami Planning and Zoning Department development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. Based on the Street and Plat Committee findings and the discussion above, the Planning and Zoning Department recommends the Approval of the request subject to the following conditions: 1. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i). 2. A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 3. Per Miami 21, Appendix F, "Miami Design District Retail Street SAP", Section 5.5.1(c), In lieu of provided a cross -Block Pedestrian passage for Block 5 East, any Building or Structure constructed thereon shall, at a minimum, incorporate a Cantilever, Arcade or Gallery along NE 2nd Avenue Frontage from Block 5 East, cantilevered Awnings and entry canopies shall be liberally used as part of the Building design along said Frontage, subject to the limitation set forth in Section 5.5.2 of the Miami Design District Retail SAP, and in combination with street trees to ensure that pedestrians are adequately protected from the elements. 4. The applicant or their successor shall meet development standards identified in the Miami Design District Retail Street Special Area Plan and all applicable local, state and federal regulations. 5. The Applicant or their successor shall comply with the conditions of approval stated for the Helm Design, Tentative Plat #1852, in a letter dated November 12, 2014 from the Department of Public Works. Christopher Brimo, AICP Chief of Land Development Jacqueline Ellis Planner II July 17, 2015 File Id # 15-00904ec 3IPage OA A Pi —16 -tor ux. CZ. $88'38'O'E 33010' ,. - ' ' i� ',71 7 9 fclln` Lit t * „ ,00 .-' 1 STORY i STORY RESIDENCE/n P e1OEMGE a ` ,.,. I STORY i1 STORY RE9IDENCq „ ` J RESIDENCE i l 1BA£T T /, C59 • I ��• 149MM %.AT T, VIn4T'A' MIL ELM. 1, / 1 I+,� Aye ,, awl Pro mar IH, IITATI N. �Y D C1i!UOtJ' yw CI __z&_. lal e M 92YT,„,b, vrin_ I we 5801$'00'E 234.28'' _ 'mow j S StrirRiTIO`E 293.813 N.E. 42NQ STREET s Atilr `"""� TRACT i "REVISED PLAT OF TRACT "A" ANO BLOCKS11, 2. 3, 8, 9, 10, 11 de12 OF BRE/41190001 PLAT 800K 44, PAGE 6, Y.O.C.R. TRACT A N,E,..43RE .,_STREET R•26.0cklor30" lip sia t A-45.1T �' I 7 kee 0I iV GRAPHICS SCALE 0 150 300 MIAMI 21 ZONING MAP 600 Feet I T5-O //i/i Miami Design'DistrictRetail Street Special Area Plan ADDRESS: 15-00904ec FROM NE 2 AV TO NE 4 AV BETWEEN NE 42 ST AND NE 43 ST 0 150 300 600 Feet 1 I ADDRESS: 15-00904ec FROM NE 2 AV TO NE 4 AV BETWEEN NE 42 ST AND NE 43 ST City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00904ec Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PLATTED UTILITY EASEMENT APPROXIMATELY LOCATED BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 4TH AVENUE AND BETWEEN NORTHEAST 42ND STREET AND NORTHEAST 43RD STREET, MIAMI, FLORIDA. LOCATION: Approximately between NE 2nd Avenue and NE 4th Avenue and between NE 42nd Street and NE 43rd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Javier Fernandez, Esquire, on behalf of 4201 NE 2nd Avenue, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. PLAT & STREET COMMITTEE: Recommended approval on November 6, 2014, by a vote of5-0. PURPOSE: This will close, vacate, abandon, and discontinue for use the platted utility easement. WHEREAS, the Plat and Street Committee, at its meeting on November 6, 2014, has reviewed the subject tentative plat entitled, "Helm Design" and determined that all technical requirements have been met and by a vote of five to zero (5-0) recommending approval of the vacation and closure as set forth; and WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on July 30, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item PZAB.1, recommending * of the vacation and closure as set forth; and WHEREAS, the City Commission, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way as hereinafter described, and deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File Id: 15-00904ec (Version: 1) Printed On: 7/22/2015 File Number: 15-00904ec Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The utility easement approximately located between Northeast 2nd Avenue and Northeast 4th Avenue and between Northeast 42nd Street and Northeast 43rd Street, Miami, Florida, more particularly described in Exhibit "A," is closed, vacated, abandoned and discontinued for public use. Section 3.Approval of the requested vacation and closure shall be valid for a period of four years and shall remain independent of the referenced tentative plat during this period. Section 4.The approved final plat must be recorded within the four year approval period of the requested vacation and closure Section 5.This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 15-00904ec (Version: 1) Printed On: 7/22/2015 Exhibit "A" + r SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 LEGAL DESCRIPTION: ALL OF THE 10.00 FOOT WIDE UTILITY EASEMENT, BEING A PORTION OF LOT 5, BLOCK 2, OF "BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 66, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND A PORTION OF TRACT 2, OF "REVISED PLAT OF TRACT 'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 6, OF SAID PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 13°56'59" WEST ALONG THE EAST LINE OF SAID LOT 5, ALSO BEING THE WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE 5.14 FEET; THENCE NORTH 89°35'00" WEST ALONG A LINE LYING 5.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION 357.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 2, ALSO BEING THE EAST RIGHT—OF—WAY LINE OF NE 2nd AVENUE; THENCE NORTH 00°00'00" WEST ALONG SAID WEST LINE AND SAID EAST RIGHT—OF—WAY LINE 10.00 FEET; THENCE SOUTH 89°35'00" EAST ALONG A LINE LYING 5.00 FEET NORTH OF AND PARALLEL WITH THE AFOREMENTIONED NORTH LINE OF LOT 5 AND ITS WESTERLY EXTENSION 359.74 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 2, ALSO BEING THE SAID WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE; THENCE SOUTH 13°56'59" WEST ALONG SAID EAST LINE AND SAID WEST RIGHT—OF—WAY LINE 5.14 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, AND CONTAINING 3,585 SQUARE FEET MORE OR LESS. A rFILE: HELM EQUITIES SCALE: N/A I DRAWN: L.S. ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 JOHN F. PJGLICIxI, PROFESSIONAL SURVEYOR AND MAPPER LS2691 0 BETH B NS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 FOR: HELM DESIGN L 111W11111® NE 2nd AVENUE SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 NE 43rd STREET TRACT 2 "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, 8p 9, 10OOK 4�12POFEBRRENTWOOD" S89°35'00"E 359.74' EAST LINE TRACT 2 POINT OF BEGINNING NE CORNER LOT 5 Nit b_z o CO o 1.0 WEST LINE TRACT 2 N89°35'00"W 357.26' NE 42nd STREET Lu Lu Q Lu 2 NOTES: 1) BEARINGS ARE BASED ON THE WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE, BEING ASSUMED S13°56'59"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. rFILE: HELM EQUITIES 1 I SCALE: 1 "=60' I DRAWN: L.S. ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 LFOR: HELM DESIGN VACATION AND CLOSURE APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. The deadline to file the complete application with supporting documents is the last five Working days of each month from 8:00 am until 3:00 pm, except on the fifth day, until 12:00 pm. 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 1 VACATION AND CLOSURE APPLICATION Please refer to Chapter 55 of the Miami City Code for Vacation and Closure information. Applicant(s): 4201 NE 2nd Ave LLC . Description of area: Ten foot wide utility easement 3. Copies of the Tentative Plat: One (1) 24x36" and one (1) 8Y2x11" prepared by a State of Florida registered land surveyor. 4. Original sketch of surveys: a) One (1) 24x36"; b) Two (2) 11x17"; and c) One (1) 8%x11" prepared by a State of Florida Registered Land Surveyor showing only the area to be vacated or closed and the pertinent legal description of the area, within one year from the date of application. 5. Opinion of Title addressing the reversionary rights, if any. Note: An update is required if more than three (3) months elapse before Zoning Board or City Commission approval. 6. Signed Tentative Plat letter from Public Works indicating Plat & Street recommendation. 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. 8. A clear and legible copy of the legal description and sketch of area to be vacated, labeled as "Exhibit A". The original 8'/x11" sketch of survey in #3 above can be labeled, "Exhibit A". 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. The subject property(ies) cannot have any open code enforcement/lien violations. 16. What is the acreage of the project/property site? 1.9 +/- acres 17. What is the purpose of this application/nature of proposed use? To vacate and close utility easement Rev. 07-2013 2 VACATION AND CLOSURE APPLICATION 18. 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 19. 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 20. What would be the anticipated duration of the presentation in front of the: E Planning, Zoning and Appeals Board 15 mins and/or IX City Commission 15 mins 21. Cost of processing according to Section 62-22 of the Miami City Code*: Vacation of public right-of-way: Original submittal: a. Per square foot of right-of-way $ 2.00 Minimum $ 3,000.00 Maximum (Re -submittals) $ 4,000.00 b. Advertising $ 1,500.00 c. Mail notice fee per notice $ 4.50 d. Meeting package mailing fee per package $ 6.00 *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signatures / \ Address 150 W. Flaqler St. #2200 Name Javier E. Fernandez Miami, FL 33130 Telephone 305-789-3501 E-mail jefernandez(c�stearnsweaver.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this o24 day of June 2015, by Javier E. Fernandez who is a(n) individual/partner/agent/corporation of 4201 NE 2nd Avenue LLC, a(n) individual/partnership/corporation. He is personally known to me or who has produced as identification and who did (did not) take an oath. , (Stamp) Si‘atur i •tr',r,+.,>'''�.,, LINDA CHRISTIAN 8a • �i ,, MY COMMISSION # FF 206330 EXPIRES: March 24, 2019 Bonded Thni Notary Public Underwriters ITU f Rev. 07-2013 3 VACATION AND CLOSURE 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, I] 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. Javier E. Fernandez Applicant(s) Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this a- day of June 2015, by Javier E. Fernandez who is a(n) individual/partner/agent/corporation of 4201 NE 2nd Ave LLC a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) takes oath. (Stamp) Si gnat .041,7 Py , LINDA CHRISTIAN t? •,;, • = MY COMMISSION $ FT 206330 EXPIRES: March 24, 2019 •%F �= F �Q`, Bonded Thru Notary Public Underwriters Rev. 07-2013 4 VACATION AND CLOSURE APPLICATION DISCLOSURE OF OWNERSHIP List the owners) 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) 4201 NE 2nd Ave LLC Percentage of Ownership See attached Exhibit "B" Subject Property Address(es) 220 NE 43 Street; Folio No. 01-3219-009-0070 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 Owner(s) or Attorney Name Own-r s) o tbrne I y gn ature r � STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this oZs day of June 20 15 , by Javier E. Fernandez who is a(n) individual/partner/agent/corporation of 4201 NE 2nd Ave LLC a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) t; ke an oath. (Stamp) Signa ure ''',�Y r('''y LINDA CHRISTIAN MY COMMISSION # FF 206330 ° •.:L.41 EXPIRES: March 24, 2019 Bonded Thru Notary Public Underwriters Rev. 07-2013 5 CITY OF MIAMI VACATION AND CLOSURE APPLICATION DISCLOSURE OF OWNERSHIP Exhibit "B" SUBJECT PROPERTY STREET ADDRESS(ES): 220 NE 43`d Street (Folio No. 01-3219-009-0070) OWNER'S NAME(S): OWNERSHIP INTEREST (%) 4201 NE 2" AVE LLC 100% ■ 4201 NE 2ND AVE LLC is owned as follows: ➢ Gindi Group 50% ➢ Bailey Group 50% ■ Gindi Group is owned as follows: ➢ Isaac A. Gindi 25% ➢ Raymond Gindi 25% ➢ Isaac S. Gindi 16.66% ➢ Eddie Gindi 16.66% ➢ Jack Gindi 16.66% ■ Bailey Group is owned as follows: ➢ Ayal Horovits 80% ➢ David Escava 20% #4332344 vl State of Florida Department of State I certify from the records of this office that 4201 NE 2ND AVE LLC is a limited liability company organized under the laws of the State of Florida, filed on June 27, 2014. The document number of this limited liability company is L 14000103744. I further certify that said limited liability company has paid all fees due this office through December 31, 2015, that its most recent annual report was filed on April 22, 2015, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of June, 2015 VA% atroA Secretary of State Tracking Number: CU8728141978 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. h ttps://services.su n biz.org/Filings/CertificateOtStatus/CertificateA uthe ntication From:, Division 9 orporatio 14JUN27 ff11:08 Florida Department of State Division of Corporations . Electronic Filing Cover Sheet Note: Please print this page and use it as a cover sheet. Type the fax audit number (shown below) on the top and bottom of all pages af the document. (((I-114000154813 3))) i IIIIII�II�IIIAIIIIIIIIIVI�lllll IIIIIIIIIIIIIIIII 11111111111111111111111111 Note: DO NOT hit the REFRESH/RELOAD button on your browser from this page, Doing so will generate another cover sheet. . To: Division of Corporations Fax Number . (850) 617-6383 —I .., na From: Account Name : NATIONAL CORPORATE RESEARCH, LTD, =~r: Account Number : I20000000068 '' "> t;I: hJ Phone : (800)221-0102 v)".. -.,t Fax Number : (800) 944-6607 ;.,c". • r-V: . **Enter the email address for this business entity to be used for futur5 t Q annual report mailings, Enter only one email address please.**;„:i W tv Eivail Addreco t FLORIDA LIMITED LIABILITY CO. 220 NE 43 LLC Certificate of Status Certified Copy• Page Count Estimated Charge Electronic Filing Menu ' Corporate Filing Menu Help https://efile.sunbiz.org/scripts/efilcovr.exe 003 `1l m N. etrnlgpan J J '& f fli4l From •., .. 06/26/2014 22:13 #968 P.002/003 (((T114000154813 3))) ART1d. 4OFORGAMJATIONFOR1LOR DALUMTCEDLi/unary COMPANY, AItT%CLE 1- Names The nasno of t11o.Limited Liability Company Is: 220 NE 43 LLC • (Must end with tho words "Limited Liability Company, "L.L.C.," or "LLC.") ARTICLE II - Address; The malting address and street address of the principal oMco of the Limited Liability Company is: Principal 011Ice Add ream Mailing Addrossi do Holm equlsee LLC o/o Heim;iquWNes LLO 160 8 aodway, 8ulto 800 100 Uroedwey, fluke 800 Now York, Now York 10010 New York, New York 10038 ARTICLE 111- Registered Agent, Registered Orfieo, & Registered Agont's Signature: (The Limited Liability Company cannot servo as its own Registered Agent. You must designate an individusl•or, another business entity with an active Florida registration,) The name and the Florida street address of the registered agent are: National Corporate Research, Ltd„ no. Name :•r1 155 Office Plaza Driva • =,1 �'' Florida street address (P.O. Box NOT acceptable) Tallahttssee FL 32301 I. City Zip ' Having been named as registered agent and to accept service gfpraccssfor the above stated limited liability company at the place designated In this certlf cafe, / hereby accept the appointment as registered agent and agree to act in this capacity, 1 further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent as provided for In Chapter 605, F,S.. ctr lCCff •t,; ILLj • o:!'rf!TQr.t1 Registered Agent'§-SignatJe (REQUIRED) V (CONTINUED) Pagel oft (((H14000154813 3))) 71 r m 0 From: Filing Fees; SIZ5.00 Piling Tree for Articles of Organization and Designation of Registered Agent $ 30.00 Certified Copy (Optional) S 5.00 Certificate of Status (Optional) Page2of2 (((H14000154813 3))) 06/202014 22:13 #968 P.003/003 (((1-114000154813 3))) ARTICLE IV - The nerve and address of each person authorized to manage and control the Limited Liability Company: Titles "AMER" - Authorized Member "MGR" Manager MOIL Nameand Astdreeat 0001 grows, o oNdm Iqulllor L4C. 160 ara* tw y, aulla 600 NowVak, New York WON MOM Ayal Mio noit , qb NNM &WHIN' 41.0 150 a oadWiy, auks 800 Now York, Now York 10056 (Use attachment if necessary) ARTICLE Vt Effective date, if other than the data ofiiltng: . (OPTIONAL) (Van effective date is listed, the date most be specific and cannot be more than ftve business days prior to or 90 days after the date of filing,) ARTICLE VI: Other provisions, ifany, JEODXRED SIGNATUR S gnature of a member or a wt orizetreprtsentativ f a member. (In accordance with section 605.0203 (l) b), Ijlorida Statutes, the execution of this document constitutes an affirmation under the penalties of perjury that the facts stated herein are true. 1 am aware that any false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s,817,155, F.S.) , �� rariT o 1 n{e�t� Typo d or pr ited namignoe -11 11) rt? IV STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. June 25, 2015 Ms. Olga Zamora, Administrator Office of Hearing Boards Planning & Zoning Department 444 S.W. 2❑d 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: Vacation & Closure Application of a Platted Easement located between NE 2nd & 4th Avenues and NE 42m & 43"d Streets, Miami, Florida Dear Ms. Zamora: Our firm represents 4201 NE 2"d Avenue, LLC (the "Owner") of a property with a street address of 220 NE 43rd Street, Miami, Florida (the "Property"). The Property consists of an assemblage of approximately 1.9 acres +/- which is bisected from east to west by a ten foot (10') platted, utility easement. Earlier this year the Property was incorporated within the boundaries of the Miami Design District Special Area Plan via the adoption of Ord. No. 13505 on March 12, 2015 (the "Development Order"). Said Development Order modified the location of the zoning transect boundaries of the subject Property and authorized its redevelopment for a mix of uses. Concurrent with this request, the Owner is advancing a tentative plat application (the "Plat"), which application was approved by the City of Miami ("City") Plat & Street Committee in November of 2014. Approval of this request to vacate and close the platted easement and of the companion Plat will permit the redevelopment of the Property consistent with the Development Order. Section 55-15(c) of the City Code of Ordinances ("Code") sets forth the four (4) criteria which must be satisfied for the approval of a vacation & closure request. Specifically, an applicant must demonstrate that the: (i) request is in the public interest or would benefit the general public; (ii) right-of- way or easement is not being used by the general public, including public service vehicles including trash and garbage trucks, police, fire or other emergency vehicles; (iii) request will not have an adverse effect on the City's ability to provide police, fire, or emergency services; and (iv) request will not have an adverse effect on pedestrian and vehicular circulation in the area. The subject application satisfies each of the above -outlined City Code requirements in the following manner: 1. Is it in the public interest, or would the general public benefit from the vacation of the right-of-way or easement? MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASSEE June 25, 2015 Page 2 The instant vacation and closure request will permit the Owner to redevelop the site consistent with the controlling Development Order and the conditions listed therein. Redevelopment of the site consistent with the controlling conditions will result in the development of uses that will provide additional retail, commercial and parking amenities for the surrounding neighborhoods. In addition, the approval of the vacation request will facilitate the development of a neighborhood parking along NE 43rd Street frontage. 2. Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles? Presently, the public is not using the easement area. Public and emergency vehicles currently access the site from the surrounding streets — NE 2nd and 4th Avenues and NE 42nd and 43rd Street. Therefore, the existing easement is not presently utilized by the general public. 3. Would there be no adverse effect on the ability to provide police, fire or emergency service? No adverse effects on the City's ability to provide police, fire or emergency service will be realized by the proposed vacation of the existing platted easement. Adequate police, fire or emergency services can be provided via access from the four (4) streets — NE 42nd Street, NE 43rd Street, NE 2nd Avenue, and NE 4th Avenue — which ring the Property. 4. Would the vacation and closure of rights -of -way or easements have a beneficial effect on pedestrian and vehicular circulation in the area? The vacation and closure of the existing platted easement will have a beneficial effect on pedestrian and vehicular circulation within the area as the redevelopment of the site will result in the development of sidewalks along the perimeter of the Property which will improve the pedestrian condition. Pedestrian circulation will be further improved as a result of a condition of the Development Order which requires that that the pedestrian walkway along NE 4th Avenue and NE 43rd Street to be improved with a covered walkway in the form of a gallery or arcade. Vehicular circulation will also be enhanced in so far as the traffic cues that presently form on NE 2nd Avenue — the busiest of the abutting thoroughfares — will be either lessened or removed with the proposed access/egress to the Property will occur from other portions of the Property. For each of the foregoing reasons, we strongly encourage the City to approve this request to vacate and close the platted easement. Very truly yours, awe r E. Fernandez, Esq. Cc: Francisco Garcia, Director — Dept. of Planning & Zoning Irene Hegedus, Zoning Administrator STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. 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Saba! pplmou M61V4Pry Celhy6mN IP 00 Fad }t .1k PRIM 11abas00J Ad,,,:ldla penal. MM,61AN CimatetPAEe ir 4 45' I_ # 26 Goof Ma.: }2A unlwun: FI ,gi00 ID Tap.Rd1400 k c15w Fmo-vMa, .945,r bWt9cM- MAdNNP IV 16' 49 Fan 56 Him Pcol,MIN P E' Gul 3,Oood dE • -.... Ba ow alaPma+ ......-. 0.Nka3Fg al. J6• 8' t6 44 8 ^' O1o4 Fau 6:vny ...LuconebM1 2444 S41,'palmetto NafoeyWX P.N. IT 16' to' _ 0447 ur24derere. puerrurorplMmw lwe 04 0-1 srbefl4marw:0PA:M, 9A0.50'0lWMN °WXv61rw UmlnIr.OA. 66 Srl,3� orerwprlfle .tdoWM mmNI UabsYmm IT i. 040443Me Cheema Pah Chin.. M. 6 Iv 13 TB 6T .rdermla 0Wnl911 ° MrLa 1av]' 6' Wly'rM- Fm , TmmkoM 64 )reap(.16rn 6MmoTV 19 Pak TO petlawrto Cabb.010 6 I6 IV DOM I suHYE lIN45. INC. AL Or�Y4MWRITNGRTROMUULE�,F CEPNYFFORMCERLUJYGASu LOCAT ON MAP A YURIIW4 OF SECTION 19, TOWNSHIP 53 S0 TH, RANGE 41 EAST. Ott OF M -YDE weer, RIDA SC. V-300' LEDAL DESCRIPTION LOT 5. BLOCK 2, OF 'BRENTWOOD'. ACCORDING ID WE PLAT THEREOF AS RECORDED IN PUT 80... PAGE 66. PUBLIC RECORDS C£ DADE COUNTY, FLORIDA AND TRACT 2, OF -REVISED PLAT OF TRACT )' AND e40CK5 I, 1, 3, 10. F AND 12. OF SIREN WOOD.. ACCORDING TO THE PLAT II'IEREOF F9 RECORDED N PLAT BOOR 44, PAGE 6, PUBLIC RECORDS Of MAN DADE COUNTY. FLORNA FLORIDA, *06 CONTAINING 80.960 SQUARE FEEICITY (I5590 ACRES) MORE OR LESSu 1r. NOTES. 1) ELEVATIONS ARE BASED ON NATIONAL CE00EI1C VERTICAL DATUM OF 1929: MIAMI-DADE CO.. BENCHMARK N0, C-243, ELEVATION: 15.13 FEET 2) THIS 20NE: %, BASE FLOOD ELEVATION. ONE PANEL /12U850 0300L: MAP GA IE: OB/11/U'a. 3 HIS CIF. LIES IN SEGiION t9, TOWNSHIP 53 SOU1H, RANGE 42 EAST, MIAMI-OAOE COUNTY. FLORIDA. 4) BEARINGS ARE BASED ON THE MONUMENT LINE 10 E 42EN STREET BEINGLOCATION ATION'OO'E 5) REASONABLE EFFORTS THIS FIRM. REGARDING 60 EXISTENCE NO THE LOGTDN OF UNDERGROUND0(513 IUTILITIESF THIS SI IOI INFORMATION. DOES NOT ACCEPT RESPONSIBILITY FOR THIS INIS FOR CN. BEFORE CATION TON OR CONSTRUCTION CON TALI THE APPROPRIATE P.I.31Y 5 ACCURACY FOR WELL VERIFICATION 1 ON. 6) 0.07'HIW110 4VERNCAt ACCURACYorE3S' AeONS UFERWELL DEFINED 9PROVEMR4T5 ON THIS TS ON TIPS SDAVEY 5 SURVEY IS d0.OT 1036 SIZE CONTAINS ND P0541 SFACES. 41/35398� PREP..BY FIpELITYTINATIONAL TITLE 61IN COMP1 Of COMMEINIENI FUR NY.INSUR.CE, ORDER NO l47H 4N 000001EVE DATE OF .4414E 17. 1014 0 5:00 P.M., REMSED JULY 1, 2014, THE FIXL01ANG ARE SCHEDULE FRI EXCEPTIONS TO SAID CD56I116EN0. ITEMS I, 2, 3 k 4-A01 ADDRESSED. ITEM 1. .ERAS SAS SHOYAN HERE°µ BOOK 40, PALE 66, AND PUT BOOK 44, PAGE 9, AFFECT ITEM THIS SIEFBUIR SPN0) PLOTTABL6A ,Hoe LITIGATION IN O.R,B 26204, PACE 4511, AFFECTS HEM ) AMENDED EASEMET' DEED IN 0.RDB. 26485, PAGE 1054. AFFECTED BY O,R.B. 28422, PAGE .35, SECT THIS SITE u A [ x 2UIIABLF HEM B'NOT AODRE55[D 0) THIS SILT IS ZONED: T3-5..8 URBAN PONE AND CI, OVIC INSITNTIONAL: PER MIAMI 21 ZONNG CODE 10)�H HERE HWASN O65ERVEG EVNUFNCE OF CURRENT EARTH MOVING WORN, OR BUILDING ON 11) THERE ARE NO KNOWN PROPUSEO CHANGES IN STREET RIGHT OF WAY ONES. THERE WAS NO OBSERVED EVIDENCE OF RECENT STREET GE SIDEWALK CONSTRUCTION OR REPAIR. 12) THERE WAS NO OBSERVED EVIDENCE OF SITE USE AS A .110 WASTE DUMP, SUMP OR SANITARY LANDFILL 14) HIS SITE ENCOMPASSES ALL OF FOOD NUMBER 01-3219-009-0O70. CERTIFICATION U FIDELITY NATIONAL RILE INSURANCE COMPANY; 4201 NE 2Rd AVENUE 115. A FLORIDA LIMITED LIAWLITY COMPNT: FIELOPGNT PRIVATE BANK, et MD51, STEARNS WEAVER MILLER WEISSLER ALHADEFF k SITTERS., P.A., HELM FEM TES: THIS IS TO CERIQY THAT THISTH AP ON PLAT AND E SURVEY ON .HIGH IT IS BASE➢ WERE MADE iN ACCORDANCE VA. THE2011 NINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTAZAC. LAND TITLE SURVE,y9e 10111.Y 7ABLISO:HED AND ADOPTED BT AL AND NSYS. AND INCLUDES IONS I. 3, 1. Gfu), 2(u). q 10. II(P), 10, 1/, IS uE IADLE A THEREOF. ANT ALL WTOUI THE SIGNATURE AND THE 07.1A41U SEAL OF A FLORIDA LICEN51.0 MAPPER. l� - GRAPHIC SCALE COPYRIGHT 2014 et POLICE I.AND SURVEYORS, INC ALL RIGHTS RESERVED. NO PART OF THIS SURVEY AT eE REPRODUCED, IN ANY FORM OR BY ANT MEANS, WITHOUT PERMISSION IN WRITING FROM N OFFICER oF Poo. !AND SuRvEYORS. F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS: 0 B TH BURNS. PROFESSIONAL SURVEYUt ND MAPPER LS61S STATE OF FLORIDA g1fPT a OE 2 REVISIONS THIS NAPI CIF MNM1Ih,��Nl..i u a �AVAML r0Aw 0HELM .0 NE 4.D STREET 004 000000 FLORIDA .Ta436 BY BOUNDARY, TOPOGRAPHIC, AND ALTA/ACSM LAND TITLE SURVEY PULICE LAND SURVEYORS, INC. 6381 NOB HILL ROAD SUNRISE, FLORIDA 33351 ORDER NO. 602031 r" TRACT 3 "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, 8, 9, 10, 11 & 12 OF BRENTWOOD" PLAT BOOK 44, PAGE 6, M.D.C.R. '1 m n "N.3D,"STREET A R-26.00' /➢, ' ..,., �,A• �„ -m R cAa. -103 31'5Q/ 89°36' '7t 330.10' `® / , o�\[0,,,,52 A- 5.1 08 52.30' / STORY/ 3 ELECTRIC ROXa STORY RESIDENCE // .,r 6 u i. .,y.,'� n `F TRACT 2 'REVISED PLAT OF TRACT 'A' AND BLOCKS L 2, 3, B, 9, 10, 11 & 12 OF BRENTWOOD. PLAT BOO( 44. PAGE 6, M.D.C.R. 9'35'00'E 234.28' «sue Az~ y 1j __ _ S89'35'00"E 385 60_j .�_ _ _ls*_ 889'35'00'E 293.00' N.E. 42ND STREEEJ , Ns TRACT 1 55915'00"E 108. 48' sr+3 J "REVISED PLAT OF TRACT "A" AND BLOCKS (1, 2, 3, 8, 9, 10, 11 & 12 OF BRENTWOOD"' PLAT BOOK 44, PAGE 6, M.D.C.R. STOR SIDENC / Qre.I TRACT A r /LEGEND ET] CONCRETE [ J SFHALT RAVENNA ELLVA1ON UNDERGROUND GAS LINE UNDERGROUND WATER LINE UNDERGROUND WATER LINE OVERHEAD WIRE 0ceN IERDNE ti CNUME NT LINE OR.B LNEICIAL RECORDS BOOK TP TRAVERSE PUNT (FOR F,EIO INFORMA NON ORM ` F 'ADIOS CA CENTRAL ANGLE e A ARE LENGTH FM. FLORIDA POWER & LIGHT COARAN. INCUR. WWI U DE COUNTY RECORDS CB CHORD BEARING O CHORD 'I k / /� Cr / D A ]N 0 k C n TIC OI DA IUM C 1929 , I IN ACK OLIVE / LIMBO NE ANEUCA Q COCONUT PALM 0 TROPICAL ALMOND A.! I FRANGIPANI (��/ (} MANED AHD ANt uvE GAR I CO .4k.. CABBAGE PALM / W 0 NORFOLK PINE 'AR` / UMBRLLLA TREE �/'/ CHRISTMAS PALM CC / Q @I SILVER BUTTONWOOD Cl • AVM.. 0 AMERICAN ARBORVITAE 40. E0 GRAPHIC SCALE SHEET 2 OF 2 .0- CHOI, R&M M I G cc] MENI 1 WENT f1 uvLert minum � L OR REVISIONS BY BOUNDARY, TOPOGRAPHIC, AND L A/A M LAND T., E - ' VE 1 H220 NE ELM DESIGN REET NAN DADS COUNTY F OWDA 93A9Y ' PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 EPHONL. (esq s (9s4) s L-MAIL: our °RIDP"IN CERIIEICA.IE OF AUTHORIZATION LMON DRAWN BY. AC SCALE. T • 20. FAS H64 DE918N CHECKED EN, &FP DATE 10/14/14 Cite of Aliatni November 12th, 2014 4201 NE 2ND AVENUE, LLC c/o Javier Fernandez, Esq. 150 Broadway Suite 800 New York, NY 10038 DANIEL J. ALFONSO City Manager HELM DESIGN TENTATIVE PLAT #1852 LOCATED BETWEEN NE 2 AVENUE AND NE 4 AVENUE, AND BETWEEN NE 42 STREET AND NE 43 STREET. Ladies and Gentlemen: The City of Miami Plat and Street Committee, at its meeting of November 6, 2014, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. Location Sketch a) Correct zoning designations West of NE 2 Avenue and clarify zoning district lines. b) Label the name of proposed plat using an arrow. 2. On application a) Provide a properly executed Tentative Plat application using form for new t-plats. b) Clarify the street boundaries. 3. Note in main sketch the easement to be vacated. 4. Name the portion of the building that corresponds to the Church. 5. Number the sheets. 6. Provide a tie to the nearest section corner. 7. Final plat will require a copy of the Certified Comer Record. 8. Add owner's information and address. 9. Provide Folio numbers and addresses. 10. Revise the Legal Description (differs from the Opinion of Title presented with application). 11. Where there are two or more zoning districts within the area being platted, each district shall be shown as a separate block, tract or lot on the plat. (See note 17) 12. M-D County Public School Concurrency application needs corrections (numbers of units on the application do not match with tentative plat or application). 13. On note number 17, also add information for Plat Book 44, Page 6. 14. Verify off-street parking and parking meters within the proposed plat. 15. Label that all structures and improvements are to be removed. 16. Provide a tree table including height, diameter, spread, common and botanical names. 17. A letter from the Zoning Administrator is required for the proposed zoning district boundary lines to permit the tentative plat to be processed concurrently with the zoning change request. Show both the existing and proposed zoning district lines on the tentative plat with different line types. They must include that the zoning change must occur prior to final plat submittal. DEPARTMENT OF PUBLIC WORKS 444 SW 2" Avenue, 8ch Floor / Miami, FL 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 HELM DESIGN— TENTATIVE PLAT #1852 November 12, 2014 Page 2 of 3 18. Clarify the exact point where each of the existing elevations was taken. 19. Show the existing underground storm water facilities located in the right-of-way, including invert elevations, pipe diameter, pipe material and pipe direction. 20. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. 21. Verify with Miami -Dade County that the proposed plat name is acceptable. 22. All encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal. 23. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. 24. Current backup documentation will be required for all who execute the final plat. A resolution for authority to execute documents and a Certificate of Good standing from the Secretary of State are required, if applicable. 25. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 26. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is the owner's responsibility to work with his surveyor and his attorney to assure that everything is in order before submitting the final plat package. 27. Be advised that if all requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 28. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat approval (see contact sheet). The tentative plat name and tentative plat number must be included on the application form. 29. A letter from the Miami -Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. 30. Utilities located in the easement to be closed and vacated must be relocated or new easements provided. 31. An Opinion of Title as to the reversionary rights for the easement to closed and vacated will be required by the Planning, Zoning and Appeals Board. The Opinion of Title must also address whether or not there are individuals, in addition to the abutting property owners, having an interest in the easement to be closed and vacated. A copy of the Opinion of Title must be provided to the Public Works Department. 32. The Planning, Zoning and Appeals Board will require a sketch and legal description with a square footage, on an 8 '/a x 11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. 33. The Plat and Street Committee has reviewed the tentative plat of Helm Design subdivision and determined that all technical requirements contained in the Miami City Code Subdivision Regulations have been met and has approved the tentative plat. The members of the Plat and Street Committee have further considered the request for vacation and closure of the easement with respect to Miami City Code requirements and have voted to recommend 5 in favor and 0 in denial of this vacation and closure request. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights - of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to the City of Miami Public Works Department, Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement letter required for the final plat approval. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. HELM DESIGN — TENTATIVE PLAT #1852 November 12, 2014 Page 3 of 3 3. A building permit will not be issued on the property being platted until the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i). Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building pelnnit. 5. In order to mitigate problems associated with access and construction activities throughout the neighborhood, the contractor/developer is encouraged to notify the affected neighborhood residents, in writing, of the project starting and completion dates at the time of issuance of permits. The contractor/developer may coordinate the notification of residents with the local City of Miami NET Service Center. 6. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 7. Tentative plat approval is only valid for one (1) year and six (6) months from the date of the Plat and Street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sin erely v -34Ed o (E) Santamaria, P.E., CGC Dir t4 ES/LJH/kc Enclosure: Contact Sheet C: Jane Storms, Pulice Land Surveyors, Inc. 5381 Nob Hill Road Sunrise, FL 33351 Plat and Street Committee Members Alice N. Bravo, P.E., Deputy City Manager/ Chief of Infrastructure Survey Development and Roadway Plans Central Opinion of Title To: CITY OF MIAMI, Florida a municipal corporation of the State of Florida With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA in compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that we have examined Chicago Title Insurance Company Certificate of Ownership and Encumbrance Search No. 5316211 covering the period from the Beginning to June 9, 2015 @ 6:00 AM (the "Title Report"), inclusive, of the following described real property: See Exhibit "A", attached hereto Basing our opinion on said Title Report covering said period, we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: 4201 NE 2ND AVE LLC, a Florida limited liability company. Ayal Horovits, as Manager of 4201 NE 2ND AVE LLC, a Florida limited liability company, is authorized to sign on behalf of the company. Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. MORTGAGES, ASSIGNMENTS AND MODIFICATIONS: 6. NONE. SPECIAL EXCEPTIONS: 7. Matters as set forth on the plat of BRENTWOOD, as recorded in Plat Book 40 at Page 66, and on the Plat of Revised Plat of Tract "A" and Blocks 1, 2, 3, 8, 9, 10, 11 and 12 of BRENTWOOD, recorded in Plat Book 44, at Page 6, of the Public Records of Miami -Dade County, Florida. 8. AT&T Fiber Optic Cable Installation Litigation as set forth in Supplemental Final Order and Judgment recorded on March 24, 2008, in Official Records Book 26284, at Page 4511, of the Public Records of Miami -Dade County, Florida. 9. Amended Easement Deed by Court Order in Settlement of Landowner Action recorded on February 19, 2013, in Official Records Book 28495, at Page 1054; Easement Deed by Court Order in Settlement and Landowner Action recorded on November 21, 2013, in Official Records Book 28922, at Page 4035; Notice of Substitution Easement Deed by Court Order in Settlement of Landowner Action recorded on January 27, 2014, in Official Records Book 29004, at Page 1694, of the Public Records of Miami -Dade County, Florida. 10. Matters set forth on the survey prepared by Blanco Surveyors, Inc., dated April 21, 2014, Job No. 14-295, as follows: (a) 10 foot Utility Easement along the center of the property running east and west in which buildings are built over said easement. (b) Concrete sidewalk extends west of property line. (c) Concrete driveway extends past property lines on the east. -2- 11. Development Agreement recorded on April 29, 2015, in Official Records Book 29595, at Page 4542. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and proper title to the dedicated areas shown on the final plat of the aforedescribed property, the subdivision thereof to be known as HELM DESIGN. Name Interest Special Exception 4201 NE 2ND AVE LLC Fee Simple N/A I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this day of June, 2015. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. By: Maria Gralia, Esq. Florida Bar No. 178225 150 Museum Tower Suite 2200 Miami, Florida 33130 -3 Exhibit "A" L SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 4 LEGAL DESCRIPTION: ALL OF THE 10.00 FOOT WIDE UTILITY EASEMENT, BEING A PORTION OF LOT 5, BLOCK 2, OF "BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 66, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND A PORTION OF TRACT 2, OF "REVISED PLAT OF TRACT 'A° AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 6, OF SAID PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 13°56'59" WEST ALONG THE EAST LINE OF SAID LOT 5, ALSO BEING THE WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE 5.14 FEET; THENCE NORTH 89°35'00" WEST ALONG A LINE LYING 5.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION 357.26 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 2, ALSO BEING THE EAST RIGHT—OF—WAY LINE OF NE 2nd AVENUE; THENCE NORTH 00°00'00" WEST ALONG SAID WEST LINE AND SAID EAST RIGHT—OF—WAY LINE 10.00 FEET; THENCE SOUTH 89°35'00" EAST ALONG A LINE LYING 5.00 FEET NORTH OF AND PARALLEL WITH THE AFOREMENTIONED NORTH LINE OF LOT 5 AND ITS WESTERLY EXTENSION 359.74 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 2, ALSO BEING THE SAID WEST RIGHT—OF—WAY LINE OF NE 4th AVENUE; THENCE SOUTH 13°56'59" WEST ALONG SAID EAST LINE AND SAID WEST RIGHT—OF—WAY LINE 5.14 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, AND CONTAINING 3,585 SQUARE FEET MORE OR LESS. rFILE: HELM EQUITIES SCALE: N/A DRAWN: L.S. ORDER NO.: 59130 DATE: 5/27/15 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR: HELM DESIGN SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 JOHN F. P IC , PROFESSIONAL SURVEYOR AND MAPPER LS2691 ❑ BETH B ' NS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 WEST LINE TRACT 2 SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 • FAX: (954) 572-1778 E—MAIL: surveysCpulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 NE 43rd STREET EAST LINE itj TRACT 2 TRACT 2 "REVISED PLAT OF TRACT "A" AND BLOCKS 1, 2, 3, 8 9 10, 11 & 12 OF BRENTWOOD" FLAT BOOK 44, PAGE 6 M S89°35'00"E 359.74' N89°351009W 357.26' NE 42nd STREET NOTES: 1) BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF NE 4th AVENUE, BEING ASSUMED S13°56'59"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FILE: HELM EQUITIES SCALE: 1 "=60' ORDER NO.: 59130 DATE: 5/27/15 DRAWN: L.S. 10' UTILITY EASEMENT VACATION MIAMI, MIAMI-DADE COUNTY, FLORIDA FOR: HELM DESIGN SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 Prepared By and Return To: Thomas R. Harbert Mateer & Harbert, P.A. 225 E. Robinson St., Suite 600 Post Office Box 2854 Orlando, Florida 32802 Parcel Identification No.: 01-3219-009-0070 111111111111111111111111111111111111111111111 CFN 2014R0525605 OR Bk 29245 Pes 2533 — 2536; (4a9s) RECORDED 07/28/2014 09:23:11 DEED DOC TAX 75,000.00 SURTAX 56,250.00 HARVEY RUVIHr CLERK OF COURT 11IAMMI—DADE COUNTY, FLORIDA space above this line for processing data space above this line for processing data SPECIAL WARRANTY DEED SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation (the "Grantor"), whose address is 1701 Robie Avenue, Mt. Dora, Florida 32757 in consideration of the sum of $10.00 and other good and valuable consideration received from 4201 NE 2ND AVE LLC, a Florida limited liability company (th'e tee"), whose address is 150 Broadway, Suite 800, New York, New York 10038, hereby on this day of July, 2014, grants, bargains, sells, aliens and conveys to the Grantee the real property in Miami -Dade County, Florida, described as: All of Block 2, of BRENTWOOD, according to the plat thereof as recorded in Plat Book 40, Page 66, Public Records of Miami -Dade County, Florida, ALSO KNOWN AS: Lot 5, Block 2, of BRENTWOOD, according to the plat thereof as recorded in Plat Book 40, Page 66, Public Records of Dade County, Florida AND Tract 2, of REVISED PLAT OF TRACT 'A' AND BLOCKS 1, 2, 3, 8, 9, 10, 11, AND 12, OF BRENTWOOD, according to the plat thereof as recorded in Plat Book 44, Page 6, Public Records of Miami -Dade County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. Grantor hereby covenants that the property is free of all encumbrances except those matter set forth on Exhibit "A" attached hereto and incorporated by reference herein, that lawful seisin of and good right to convey the property are vested in Grantor, and that Grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever claiming by through or under Grantor, but not otherwise. [SIGNATURE PAGES TO FOLLOW] Book29245/Page2533 CFN#20140525605 Order: QuickView_ Doc: FLDADE:29245-02533412086 Page 1 of 4 Page 1 of 4 Created By: c.little Printed: 6/19/2015 4:22:43 PM EST Witnessed on this day of July, 2014. SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation By: STATE OF COUNTY OF Hubert J. Morel, Jr President (Corporate Seal) . . 4 0: The foregoing instrument was acknowledged before me this 7, day of July, 2014, by Hubert J. Morel, Jr., as President of SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation, on behalf of the corporation. He is 7 personally known to me or ❑ produced (type of identification) as identification. (Affix Notarial S THOMAS R. HARBERT Commission # DD 972627 Expires July 18, 2014 ,Q. BmOeC ThruTmy Fah Insurance 8GOa85-71J19 Notary Public - State f Flon Printed Name: /# Commission No.: My Commission Expires: Book29245/Page2534 CFN#20140525605 Order: QuickView_ Doc: FLDADE:29245-02533-12086 Page 2 of 4 Page 2 of 4 Created By: c.little Printed: 6/19/2015 4:22:43 PM EST Witnessed on this /"iday of July, 2014. Name: Wert „ T_ t°2- /c er Name: SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation By: Gregory 0 , Executive Secretary (Corporate Seal) The foregoing instrument was acknowledged before me this /''day of July, 2014, by Gregory O. Mack, as Executive Secretary of SOUTHEASTERN CONFERENCE ASSOCIATION OF SEVENTH -DAY ADVENTISTS, INCORPORATED, a Florida not -for -profit corporation, on behalf of the corporation. He i personally known to me or ❑ produced (type of identification) as identification. (Affix No • THOMAS R. HARBERT • Commission # OD 972627 k Expires July 18, 2014 cf writotiu Doi Fein Imam= 804'765.7019 ND: 4833-6543-5419, v. 1 Notary Public - Namlo}i f� Printed Name: Air#401C �r Commission No.: My Commission Expires: Book29245/Page2535 CFN#20140525605 Order: QuickView_ Doc: FLDADE:29245-02533412086 Page 3 of 4 Page 3 of 4 Created By: c.little Printed: 6/19/2015 4:22:43 PM EST OR BK 29245 PG 2536 LAST PAGE EXHIBIT "A" Permitted Encumbrances 1. Taxes and assessments for the year 2014 and subsequent years, which are not yet due and payable. 2. Matters as set forth on the plat of Brentwood as recorded in Plat Book 40, Page 66 and on the plat of Revised Plat of Tract "A" and Blocks 1, 2, 3, 8, 9, 10, 11, and 12 of Brentwood recorded in Plat Book 44, Page 6, Public Records of Miami -Dade County, Florida. 3. AT&T Fiber Optic Cable Installation Litigation as set forth in Supplemental Final Order and Judgment recorded March 24, 2008 in Official Records Book 26284, Page 4511, Public Records of Miami -Dade County, Florida. 4. Amended Easement Deed by Court Order in Settlement of Landowners Action recorded February 19, 2013 in Official Records Book 28495, Page 1054; Easement Deed by Court Order in Settlement and Landowner Action recorded November 21, 2013 in Official Records Book 28922, Page 4035; Notice of Substitution of Easement Deed by Court Order in Settlement of Landowner Action recorded January 27, 2014 in Official Records Book 29004, Page 1694, Public Records of Miami -Dade County, Florida. 5. Matters set forth on the survey by Blanco Surveyors Inc. dated 4/21/2014, Job No. 14-295, as follows: a. 10 foot Utility Easement along the center of the property running east and west in which buildings are built over said easement. b. Concrete sidewalk extends west of property line. c. Concrete driveway extends past property lines on the east. ND: 4841-0160-8476, v. 1 Book29245/Page2536 CFN#20140525605 Order: QuickView_ Doc: FLDADE:29245-02533-12086 Page 4 of 4 Page 4 of 4 Created By: c.little Printed: 6/19/2015 4:22:43 PM EST CN DISTRICT MIXED USE AIRE VVRaf,E EON 5,0 SURE Eiln CORRI,RSJI RORAR .6 a...R..roe DESIGN :...E.TRICT AERIAL :L,TE AER/AL SITE LOCATION DESIGN DISTRICT SPEW,. AREA PUN Ea 201A DESIGN DISTRICT MIXED USE FIORIDA NORTH EAST 43RD STREET - NORTH NORTH EAST 43RD STREET - SOUTH EXISTING SITE CONTEXT JES,G1, DVSTRu_, ZPECIM AREA PLAN 24 JUt E 201 a DESIGN DISTRICT MIXED USE M:AW, WI, CAI.. F.04r.." 31.114, O. .0 A...9 1:,ST 4TH AVENUE - EAST NORTH EAST -4TH AVENUE - WEST • • • EXISTING SITE CONTEXT DESIGN DISTRICT SPECIAL an* RAN 2s, h.+NE 2PIA I MOM DESIGN DISTRICT MIXED USE EL,AM:, FLORIDA :LL-eLRRNNert ;RON ORELPS PLO.R. NORTH EAST 42ND STREET NORTH EAST 4 2ND STREET EXISTING SITE CONTEXT .!SON =PRICT SPECIAL. AREA PLA 2401422424 • DESIGN DISTRICT MIXED USE MiAM F LOCIDP NORTH Ek. :ND AVENUE- EAST NORTH EAST 2ND AVENUE -WEST EXISTING SITE CONTEXT DESIGN D15111CC SHOAL AEA PLAN 241 11.1E1014 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: Javier E. Fernandez (First Name) (Middle) (Last Name) HOME ADDRESS: c/o Stearns Weaver Miller Alhadeff & Sitterson, P.A. (Address Line 1) 150 W. Flagler Street, Suite 2200 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33130 HOME PHONE: (3 0 5) 7 8 9 - 3 5 01 CELL PHONE: FAX: EMAIL: jefernandez@stearnsweaver.com BUSSINESS or APPLICANT or ENTITY NAME 4201 NE 2nd Ave LLC BUSINESS ADDRESS: c/o Helm Equities (Address Line 1) 150 Broadway, Suite 800, New York, N.Y. 10038 (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. Application for the Vacation and Closure of a Ten Foot Utility Easement 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? ❑ YES ❑X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: lg Javier E. Fernandez Print Name i / Sworn to and subscribed before me this -1 day of 200 4 The fvregoing instrument was acknowledged before me by , who has produced as identification and/or is pera ally lcnown to me and who did/did not take an oath. • STATE OF FLORIDA ' CITY OF MIAMI K. MY COMMISSION Notary EXPIRES: Enclosure(s) Doc. No.:86543 s,',V.. Print UDR CHRISTIAN _*; i&la MY COMMISSION # FF 206330 i.„a q-�'"P EXPIRES: March 24, 2019 '%�:pf,.�j4•• Bonded Thor Notary Public Underwriters page 2 Miami -Dade Count Public Schools giving our students the world Superintendent of Schools Alberto M. Carvalho September 26, 2014 VIA ELECTRONIC MAIL Javier E. Fernandez, Esquire Stearns Weaver Museum Tower 150 West Flagler Street - Suite 2200 Miami, FL 33130 iefernandez a(�stearnsweaver.com Miami -Dade County School Board Perla Tabares Hantman, Chair Dr. Lawrence S. Feldman, Vice Chair Dr. Dorothy Bendross-Mindingall Susie V. Castillo Carlos L. Curbelo Dr. Wilbert "Teen Holloway Dr. Martin Karp Dr. Marta Perez Raquel A. Regalado RE: PUBLIC SCHOOL CONCURRENCY PRELIMINARY ANALYSIS 4201 NE 2 AV LLC (MIAMI DESIGN DISTRICT RETAIL STR) 11-011961u1 LOCATED AT 220 NE 43 STREET PH0114091701258 — FOLIO NO.: 0132190090070 Dear Applicant: Pursuant to State Statutes and the Interlocal Agreements for Public School Facility Planning in Miami - Dade County, the above -referenced application was reviewed for compliance with Public School Concurrency. Accordingly, enclosed please find the School District's Preliminary Concurrency Analysis (Schools Planning Level Review). As noted in the Preliminary Concurrency Analysis (Schools Planning Level Review), the proposed development would yield a maximum residential density of 124 multifamily dwelling units, which generate 21 students; 11 elementary, 5 middle and 5 senior high students. At this time, all school levels have sufficient capacity available to serve the application. A final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. As such, this analysis does not constitute a Public School Concurrency approval. Should you have any questions, please feel free top6ntact me at 305-995-4501. IMR:ir L-181 Enclosure cc: Ms. Ana Rijo-Conde, AICP Mr. Michael A. Levine Ms. Vivian G. Villaamil City of Miami School Concurrency Master File Ana Rijo-Conde, Deputy Chief Facilities & Eco-Sustainability Officer • Planning, Design & Sustainability School Board Administration Building • 1450 N.E. 2nd Ave, • Suite 525 • Miami, FL 33132 305-995-7285 • 305-995-4760 (FAX) • arijo@dadeschools.net Sin M. Rodriguez; R.A, Director I Concurrency Management System (CMS) Miami Dade County Public Schools Miami -Dade County Concurrency Management Preliminary Concurrency MDCPS Application Number: PH0114091701258 Public Schools System Analysis Local AM LG Government (LG): Application Number: Type: DISTRICT RETAIL Miami Date Application Received: 9/17/2014 10:27:12 11-011961u1 Type of Application: Public Hearing Sub DESIGN Land Use Applicant's Name: 4201 NE 2 AV LLC (MIAMI STR Address/Location: 220 NE 43 ST AREA SCHOOLS Seats Required Master Folio Number: 0132190090070 Additional Folio Number(s): PROPOSED # OF UNITS 124 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 124 CONCURRENCY SERVICE Net Available , Capacity CSA €Facility Name Id Seats LOS Taken Met Source Type 2351 ENEIDA MASSAS HARTNER !ELEMENTARY 0 Si 0 NO Current CSA 2351 ENEIDA MASSAS HARTNER 'ELEMENTARY 0 11 0 NO Current CSA Five Year Plan 6361 IJOSE DE DIEGO MIDDLE 0 5 0 INO Current CSA l Current CSA Five 6361 ?DOSE DE DIEGO MIDDLE 0 f5 NO year Plan 7791 BOOKER T WASHINGTON 600 d SENIOR 5 ' YES Current CSA ADJACENT SERVICE AREA SCHOOLS 81 LENORA B SMITH EL 111 111 YES Adjacent CSA 337 E g6311 ALLAPATTAH MIDDLE 610 5� 5 [YES 'Adjacent CSA *An Impact reduction of 21.13% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results bove. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net r r.; City of Miami Public School Concurrency \ ;5'' Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * 4201 NE 2nd Ave LLC (Miami Design District Retail Street SAP) Application Phone * 212-608-5100 Appltcatlon Email * ahorovits@helmequities.com Application Address * 150 Broadway, Ste. 800, New York, NY 10038 Contact Fields Information Contact Name * Javier E. Fernandez Contact Phone * 305-789-3501 Contact Email * stearnsweaver.com jefernandez@stearnsweaver.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGav a ci,miami,t1,us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3219-009-0070 Additional Folio Number Total Acreage * 1.9 acres +/- Proposed Land Use/Zoning * Medium Density Restricted Comtnerciall Single -Family Detached Units * 0 Single -Family Attached Units (Duplex) * 0 Multi -Family Units * 124 Total # of Units * 124 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local govemment has provided vested rights; or for an already Improved property which does not have to be re -platted as deemed by the local govemment. The number of units to be input Into the CMS Is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units In the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * f Owner(s)/Attomey/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 , by who is a(n) individual/partner/agent/corporation of Owner(s)/AStor7ie"y/ pl icant Signature day of individual/partnership/corporation. He/She is pe1senall n to w has produced _ as identification and who did (did not) take an oath. (Stamp) ,,, ULIANAARRAZOLA MY COMMISSION # EE 186523 -� k` EXPIRES: June 11,2016 c- RA �j,`(:` Bonded That Notary PublicUndermiters i Signature