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HomeMy WebLinkAboutPZAB 01-20-16 Analysis, Maps & ApplicationFile ID: Title: Location: Applicant(s) Purpose: Finding(s): Planning and Zoning Department: PZAB.8 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-00972zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 730, 742, 750, 756, 762, 768, 774, 780 AND 786 NORTHWEST 36TH STREET AND 739, 749, 755, 761 AND 765 NW 35TH STREET, MIAMI, FLORIDA FROM T5-L (URBAN CENTER TRANSECT ZONE - LIMITED) TO T6-8-L (URBAN CORE TRANSECT ZONE -LIMITED), AND T4-R (GENERAL URBAN TRANSECT ZONE RESTRICTED) TO T5-L (URBAN CENTER TRANSECT ZONE- LIMITED); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 730, 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739, 749, 755, 761 and 765 NW 35 Street [Commissioner Wifredo (Willy) Gort- District 1] Iris Escarra, Esq., on behalf of Rebuild Miami Eden Park, LLC. 333 Avenue of the America's #4400 Miami, Florida 33131 This will allow a zoning classification change from T5-L to T5-8-L and T4-R to T5-L for the properties indicated. Recommended denial. See companion File ID 15-009721u. Planning, Zoning and Appeals Board: January 20, 2016 City of Miami Planning and Zoning Department ANALYSIS FOR CHANGE OF ZONING FILE ID: 15-00972zc APPLICANT: Iris Escarra, Esquire, on behalf of Rebuild Miami Eden Park LLC PROJECT ADDRESS: Approximately 730,742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739,749, 755, 761 and 765 NW 35 Street FOLIO NUMBER: Multiple (See graphics) COMMISION DISTRICT: District 1 NET OFFICE: Allapattah GENERAL INFORMATION: REQUEST: Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a Change of Zoning for multiple parcels along NW 36th Street and NW 35th Street between NW 7th Avenue and NW 8th Avenue. The proposed change of zoning for the parcels fronting NW 36th Street is from T5-L (Urban Center Transect Zone Limited) to T6-8-L (Urban Core Transect Zone Limited), and T4-R (General Urban Transect Zone Restricted) to T5-L. (Urban Center Transect Zone Limited) for the parcels fronting NW 35th Street (Complete legal description is on file with the Hearing Boards Section). BACKGROUND: The subject area consists of (18) parcels totaling approximately 2.72 acres. Twelve parcels are located, on the north, along NW 36th Street and five parcels,to the south, are located on the north side of NW 35th Street. All parcels are located within a block bounded by NW 7th Avenue, on the east and NW 8th, on the west. The subject parcels are zoned T5-L and T4-R, the northen properties are zoned T5-L and the southern properties are zoned T4-R. The properties, directly to the north, are CS and CI; to the West, it is T3-O and T5-L, and to the East it is T5-L and T4-R. In addition, the properties across NW 7th Avenue,to the East, are zoned D2. 15-00053zc Page 1 of 4 NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Medium Density Multifamily Residential & Restricted Commercial Max. of 65 & 150 D.U. per acre Surrounding Properties NORTH: Public Parks and Recreation SOUTH: Medium Density Multifamily Residential Max. of 65 D.U. per acre EAST: Medium Density Multifamily Residential, Commercial & Industrial Max.65, and 150 D.U. per acre WEST: Restricted Commercial & Medium Density Multifamily Residential Max. of 150 and 65 D.U. per acre ZONING Subject Properties: T5-L; Urban Center Transect Zone Limited Surrounding Properties NORTH: CS; Civic Space/Parks SOUTH: T4-R; Gen. -Urban Transect Zone Residential Max. of 36 D.U. Per acre EAST: T5-L; Urban Center Zone Limited Max. 65 D.U.,and T4-R; Gen. -Urban Transect Zone Residential Max. 36 D.U. WEST: T3-O; Duplex Residential Transect Zone Open Max.18 D.U. 15-00053zc Page2of4 ANALYSIS: Following the above referenced "Background", this proposal for rezoning is taking in consideration criteria set forth in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21: Rezone of 730, 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739, 749, 755, 761 and 765 NW 35 Street from T5-L & T4-R to T6-8-L & T5-L Criteria: For rezoning: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Analysis: Previously under Zoning Ordinance 11000, south of NW 36th Street was zoned C-1 (Restricted Commercial) and the properties fronting the northern portion of NW 35th Street were R-3 with a "SD-12" Overlay District which was typically for the use of surface parking with a Class II Special permit, which required design review to mitigate potential adverse effects to the residential street. The applicant's proposed rezoning of 730, 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739, 749, 755, 761, and 765 NW 35 Street is more reflective of the intrusion of higher intensity commercial development into the neighborhood, rather than a protective measure to buffer the established residential neighborhood from the D-2, east of NW 7'h Avenue, and D-1, three blocks west of the subject properties. While successional, staff finds the proposed rezoning of 730,742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street and 739, 749,755, 761 and 765 NW 35 Street from T5-L & T4-R to T6-8-L & T5-L to be an intrusion into the surrounding T4-R residential districts. Finding: Inconsistent with the intent of Miami 21 Zoning Code CONCLUSION: The proposed change of zoning is incompatible with the density and intensity of the adjacent Transect Zones. It represents an intrusion of intensity and commercial uses into an established residential neighborhood. Staff finds the zoning request to be inconsistent with the goals of the Miami 21 Code as it is incompatible with the surrounding zoning district and fails to enhance an appropriate zoning transition. 15.00053zc Page 3 of 4 RECOMMENDATION: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings, the Planning & Zoning Department recommends Deni f the_ roposed rezoning as presented. Chr topher Brimo Chief of Land Development T. Perez 15-00053zc Page 4 of 4 MIAMI 21 ZONING MAP (EXISTING) T3-O NW 34TH ST `AVE T5L T5-L i 7 T4-R Lj T4-R x 1- NW 35TH ST NW 35TH ST T4-R NW 34TH ST w co W 33RD 0 150 300 600 Feet ADDRESS: 730,742,750,756,762,768,776,780 & 786 NW 36 ST I i I I 739,749,755,761 & 765 NW 35 ST MIAMI 21 ZONING MAP (PROPOSED) T5-L T3-O NW 34TH ST O~ a '�T6-8-L co 11111T5LIIII Lj T4-R x 1- NW 35TH ST NW 35TH ST T4-R NW 34TH ST w co W 33RD 0 150 300 600 Feet ADDRESS: 730,742,750,756,762,768,776,780 & 786 NW 36 ST I i I I 739,749,755,761 & 765 NW 35 ST 0 75 150 1 300 Feet 11111111 AERIAL 15-00972zc 730, 742, 750, 756, 762, 768, 774, 780, 786 NW 36 ST and 739, 749, 755, 761, and 765 NW 35 ST NG APPLICATION NNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION venue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing boards Icorne.torthe City of Miami! This application is intended to serve as a guid(in assi�s with our public hearing process. Please feel free to contact us, should you hav, There is no deadline to submit this application as it is presented semi-annually to th'Plan i3g, Zoning and Appeals Board and the City Commission. The application submittal date is 00e date stamped by Hearing Boards' staff on this page. The responses to this application mint be typed and signed in black ink, All pertinent and accurate information/documentation; i. 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�/zx11") 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 2 MIA 184602787v1 NG APPLICATION efer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. Applicant(s): Iris Escarra, Esquire on behalf of R b I{ VI` IIImpl8dejn tP.erk, LLC and Burger Kinq Corporation, as owners. Subject property address(es) and folio number(s): 730 NW 36 Street, 742 NW 36 St, 750 NW 36 St, 756 NW 36 St, 762 NW 36 St, 768 NW 36 St, 774 NW 36 St, 780 NW 36 St and 786 NW 36 Street, 739 NW 35 Street, 749 NW 35 Street, 755 NW 35 Street, 761 NW 35 Street (a/k/a Folio No. 01-3126-029-0215) and 765 NW 35 Street. Folio Nos: 01-3126-029-0010, 0060, 0070, 0080, 0090, 0100, 0110, 0120, 0210, 0215, 0220, 0230 and 0240 3. Present zoning designation(s): T4-R for properties at 739, 749, 755, 761 and 765 NW 35 Street and T5-L for proerpties at 730, 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street 4. Proposed zoning designation(s): T5-L for properties at 739, 749, 755, 761 and 765 NW 35 Street and T6-8 0 for properties at 730, 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street 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. Rev, 07-2013 MIA 184602787v1 3 NG APPLICATION it property(ies) cannot have any open code enforcement/lien violations. e acreage of the project/pr?,p s ? pM 3 : (i3 Approx. 2.72 acres hats the; purpose of this application/nature of proposed use? Approval for rdbe "ties rezoning 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. no 20, Is the property within the boundaries of an Environmental Preservation District? Planning and Zoning Department on the 3rd Floor for information. no 21. What would be the anticipated duration of the presentation in front of the: x Planning, Zoning and Appeals Board 15 min and/or x City Commission 22. Cost of processing according to Section 62-22 of the Miami City Code*: Change of zoning classification to: a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI: Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package *Fees over $25, Signature Name Please contact the 15 min $ .50 $ 2,500,00 Cl-HD: $ .70 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4,50 $ 6.00 all be paid in (e form of a certified check, cashier's check, or money order. Address 333 SE 2nd Avenue Iris Escarra, Esquire Telephone 305-579-0737 Miami, Florida 33131 E-mail escarrai(agtlaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this A3 day of 20 15 , by Iris Escarra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Rev, 07-2013 MIA 184602787v2 Signatur MARISOL R't'RIGUEZ Notary Public - State of Flor'61r e My Comm. Expires Sep 27, 2018 Commission # FF 1531139 1. NG APPLICATION Signature AFFIDAVIT OF AUTHORITY TO ACT ore me this day, the undersigned personally appeared Iris Escarra, Esquire , who being by me first deposes and says: 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. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, x including or CI 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. Iris Escarra, Esquire Applicant(s) Name p.I1cant(s) gnatu e STATE OF FLORIDA -- COUNTY OF MIAMI-DADE pp The foregoing was acknowledged before me this /el day of wL 20 15 , by Iris Escarra, Esquire who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature MARISOL RODRIGUEZ Notary Public - State of Honda My :ornm Expires Sep 27, 2018 GommIsa on # FF 153039 Rev. 07-2013 5 MIA 184602787v1 NG APPLICATION 15 NOV 21+ PM 3 ui: 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) Rebuild Miami Eden Park LLC Percentage of Ownership Stephen Meruelo 100% Subject Property Address(es), 742 NW 36 St, 750 NW 36 St, 756 NW 36 St, 762 NW 36 St, 768 NW 36 St, 774 NW 36 St. 780 NW 36 St and 786 NW 36 St and 739 NW 36 St, 749 NW 35 St, 755 NW 35 St. 761 NW 35 St (alkla Folio No. 01-3126-029-0215) and 765 NW 35 St 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): 789 NW 35 Street EDEN PARK PB 7-29LOT 20 LESS S5FT Stephen Meruelo Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknodedged before me this / 9 day of 190114"-' by 7 %DGi 144 6 e-4 who is a(n) individual/p rtner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or , o has produced as identification and who did (did not) take an oath. (Stamp) Signature ALBA L, JORGE MY COMMISSION It EE 8884 ' EXPIRES: April 16, PPC t • onded Thor Notary Public Undr Rev. 07-2013 MIA 184602787v2 6 NG APPLICATION DISCLOSURE OF 011r34a42tlipti 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:>t© 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) Burger King Corporation Percentage of Ownership Publicallv traded corporation (See attached board members) Subject Property Address(es), 730 NW 36 Street 4. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s):. None Lisa G i les - Owner(s) or Attorney Name Ettrg er 1 /'YJ9 'Ofr pora+,O 7 8cs iith, - - 4 Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE I The foregoing was acknowledged before me this -2 /5+ day of Sep4ember 20 1 S by 1-1'3ce G i `1 5- 1-S 1 ei ,r? who is a(n) individuaUpartner/agent/corporation of 8U, er i4rne co OrertigiI3 individual/partnership/corporation. HeSge is personalty know a or who has produced as identification and who afefidid not) take an oath. (Stamp) .,zosAa ^�, Signature DARYL CULP MY COMMISSION 8 FF 158243 EXPIRES: Octobor 10, 2018 ended Thru Notary public Underwriters Rev. 07-2013 7 MIA 184602787v1 0 OSI. 5505 BLUE LAGOON DRIVE MIAMI, EL 33126 :Title Direct r &i ENT na BARBOSA, PAULO 5505 }SLUE LAGOON DRIVE MIAMI, EL 33126 Title tor cet`. TOME, VIC;ENTE 5505 BLUE LAGOON DRIVE MIAMI, FL 33126 Title Assistant Sec_r r CJILES-:KLEIN, LISA 5505 BLUE LAGOON DRIVE MIAMI, FL 33126 ��r_l)al N. annw Acid 'res Title Treasurer DUNNI.GAN, MATT 5505 BLUE LAGOON .DRIVE MIAMI, FL 33126 vtt 'urvrgurs Jnr. LAND SURVEYORS BOUNDARY SURVEY GRAPHIC SCALE LOCATION SKETCH SCAL `".'1a uuoa nwrur,owi:evreutcrgEtazrc===. PROPERTY AM.,. 7.42-75.1V-36 sr Vev.CALLA.L Os+ms cn IARKRmrea�.o....anAVyew.xxsr.E., F , Q'x.Gvo. al.RGE SAWA (PATE OF PR SmNALLANDS . esx�wvxr + . STATEOP numCOP.. OFTHIS Sw,EVW12 a«.'rvE1.e05SED .eF:nca u.svavttiaz. ,�wsEook uFoa,:a 12+2,20. v/SED. ua aarzO mawm,s rrzrs�on. .702 SEAL BOUNDARY SURVEY GRAPHIC SCALE LOCATION SKETCH AEOALDEScrs mr SCALE : 1 .T.S. <avinIw.n c5E515755E .or,45.013,Sum w.-SearS,ar>o- b.evic%,ca _cvzrs rr.rwmw. CEREFICEEENE EIAITADOESSE rn.swwa°rros. erw, 0E: F.zc GEORGE WARE ma=rxa woro °MID Loa;FEE SEISswv=rSELL HEAR ar=areoSsaD SEAL -..pert mutt ururaurz Jnr. LAND SURVEYORS CITY OF MIAMI Map TR-2 Major Thro ighfares by Functional Classification (2004) LEGEND Principal Arterial Interstate - Urban Principal Arterial Freeways & Expressways - Urban A/ Other Principal Arterial - Urban Minor Arterial - Urban Collector - Urban f Local -Urban City of Miami 13oundary MiamrDade Comity Ports Highways A\ /MajorRoads .'LocalRoads Water THE COR DI O GROUP fill« ,LIaIHXa 10 jP.A3.'d' ApPlicatif;arpe App a Erna Orddress 1NG REFERRA Pre -Application Meeting Assisted Living Facility Principal Frontage Other: - 3 — 0 — 00 (.42 (,)v 7 0/ 0D 0 Up/ i3o4 Folio beir 41' 4 ;41') pplicant Phone Number ,7'74 ?,47 94417;,.71V 7,‘NW I 40#/ 7 J,75 NM/552'i°' Project Street Address 7--yve Transect Zone TOE COMPLETED EY THE 0.5F10E OF ZON1NG 7;4a) /le - , Type'of Perrhit quested — Cod Section Adoir/OSI' 47-04-444.4 Summary of Request CITY OF MIAMI OFFICS OF 7,0NINO Ph, 305-4164499 414 SW 2nd Me 41ooi Mani, rt, 31,30 www.ailvaligov,carnAotting ./Z1.c. D PARTM NT OF PLANNING AND ZONING LAND USE AND REZONE COMMENTS SEPTENIDEN 20is CY L June 1, 2015 Iris Escarra, (squire Greenberg Traurig 333 SE 2rld Ave,, Suite 4400 Miami FL 33131-3238 Subject Site: '742, 760, 766 762, 768, 774, 780, and 786 NW 36 Street; and 766, 761 and 766 NW 35 Street (Miami Eden Park) Net District: Allapattah During our Pre -application meeting on June 10, 2016, the following request was presented: A rezoning per Article 7, Section 7.1,2.8 (a) (3), to allow the successional rezoning of land. The proposal is to change the zone the subject lots from T5-L to T6-8-L (proporti'es-on NW 36 Street) and from r4-R to T5-L (properties on NW 35 Street), A Land Use change from "Low Density Multi - Family Residential" to ."Medium Density Restricted Commercial" to correspond with the proposed rezoning of the lots on NW 35 Street, Based on the request, staff has prepared the following comments. Please note, said comments are not to be construed as a recorrrmendation of approval or support of the proposal, taff's comments are as follows. 1 The deadline to subMit a complete Rezoning and; Land Use Change application is July 17, 2016, Contact Ms. Christine Hwa, Hearing Boards Coordinator via e-mail at: CHwa Miamigov.corn or by phone at 305 416-2031 for an appointment to submit the application, d. Any restrictive covenant associated with the request, shall be submitted with the application package, 2, Provide a letter of intent in accordance toArticlo 7, Section 71.2.8 (c)-2, schedule of outreach meetings with the community, and a massing plan.. 3 Include the acreage proposed to be rezoned on the survey. 4. A school concurrency letter is required; please contact the Hearing Boards Department st 416-2030 with any question concerning the concurrency- process. 444 SOUTHWEST 2ND Avi"NUL 301) FLOOR,, Mi, ii, �» 313"E3 305.416.1400 WWW.MIAMlGov.corvl 306- Page 2 of 2 742 NW 36 St. (et al) 5. A Unity of Title in recordable form is required for the proposed rezoning of the subject Tots, 6. Provide a flash drive with all application rnaterials. 7, A Traffic Study may be required upon further review of the submitted documents, Be Advised; The Planning and Zoning Department reserves the right to make recommendations pertaining to. which Transept Zone will yield the most coherent zoning pattern in the context of the immediate vicinity. Consequently, the City of Miami reserves the right to comment on the proposal as more information is provided and may revise previous comments based on this supplementary information. The Department reviews proposals based on Miami 21 and the City Code. Furthermore, the proposed Rezone and Land Use Change is subject to review and compliance with the requirements of all City departments, as applicable. Jeer*, in Ellis Mariner II Christopher Brimn, AICP, Chief ofi Load rJeveiopment Derrick Cook, Plan Coordinator Devin Galas, Zoning Manager Francisco Gonzalez, Zoning Plans Processor Christine Hwa, Hearing Boards Coordinator Joseph Eisenberg, Planner 1 444 oUThrwsr 2No AvLNUQ, TL4ir2r, Fi Ooi , iNIA.MI, H. 306.416,1400' - Www.MIAMIoOV.COM. Prepared and return to. Louis Zarelslty, Bsa RTE Title Company 2915 Biscayne Blvd,, #300 Miami, FL 33137 File Number: 150119LZ Parcel Identification No. 01-3126-029-0230 CFN: 20150618586 BOOK 29790 PAGE 3676 DATE:09/25/2015 08:49:15 AM DEED DOC 1,500.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM. SUCTION 689,02, F,S.) This Indenture made this 15th day of September, 2015 between Carmen Patricia Diaz f/k/a Carmen Villafana, a single woman whose post office address is of the County of , State of , grantor*, and Rebuild Miami Eden Park, LLC, a Florida limited liability company whose post office address is 2915 Biscayne Blvd, Suite 300, Miami Beach, FL 33139 of the County ofMianil-Dade, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the silt of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lot 26, less the South 5 feet thereof, of Eden Park, according to the map or plat thereof, as recorded in Plat Book 7, Paage 29, of the Public Records of Miami -Dade County, Florida. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever, * "Grantor" and "Grantee" are used for singular or plural, as context requires, Tn Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year First above 'written, Signed,,,s alacJ4nd delivered in our presence: W Carmen Pa cia Diaz f/kla Carmen Villafana Doubler moil, CFN: 20150618586 BOOK 29790 PAGE 3677 State of Florida County ofMiarni.-Dade The foregoing instrument was acknowledged before me this 15th day of September, 2015 by C lien Patricia Diaz f/k/a Carmen Villafana, who [] is personally known or [X] has produced a driver's license as ryl n }fioftt° [Notary Seal] Warranty Deed (Statutory Form) - Page Notary Public Printed Name: My Commission Expires; HILDA G. IiERNANDEZ rt MY COMMISSION if Et 186419 EXPIRES: July2',3, 2016 lit30n(I d Th0I Notary Public Underwriters ���° rr4�.h'r".�i�ur�saw;m�r's'na>=a=»iurrzau�xivkm� :.N DoubleTimee Prep red by and return to: a� E Title Company 2915 Biscayne Blvd., #300 Miami, FL 33137 File Number: 140113LZA Will Ca11 No,: Parcel Identification No. 01-3126-029-0240 [Space Above This Line For Recording Data] 111111111111111111111111111111111111111111111 CFN 2o1.4-Ri:I579 546 OR ik 29275 Fos 3827 - 3828; (less) RECORDED 08/19/2014 12:32158 DEED DOC TAX 2r094,00 SURTAX 1,570.50 HARVE'Y RUVIN, CLERK OF COURT MIAMI-DADE CDUNTYr FLORIDA Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 15th day of August, 2014 between Jose M. Bravo a/k/a Jose Bravo, a single man, Miguel Bravo, a single man, and Mercedes Bravo, a single woman whose post office address is 8000 W 28 Ct., Hialeah, FL 33018 of the County of Miami -Dade, State of Florida, grantor*, and Rebuild Miami Eden Park, LLC, a Florida limited liability company whose post office address is 2915 Biscayne Blvd, Suite 300, Miami Beach, FL 33139 of the County of Miami -Dade, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10,00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being inMiami-Dade County, Florida, to -wit: Lot 27, Jiden Park, according to the map or plat thereof, as recorded in Plat Book 7, Page 29, of the Public Records of Miami -Dade County, Florida. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. A. "Gra tor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimes Book29275/Page3827 CFN#20140579546 Page 1 of 2 Signed, sealed and delivered in our presence: Witness tL cir 0i BK. LAST 2 9275 Pf.3 Z828 AGE _(Seal) a a/k/a. Jose Bravo (Seal) State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 15th day of Augus 2014 by Jose M. Bravo, Miguel Bravo and Mercedes Bravo who L] is personally known or [X] has produced a driv $1' identification. [Notary Seal] Warranty Deed (Stu !Wary Fora) - Page 2 Notary Piny Printed Name My Commission Expires: HItDA Q. HERNANDEZ MY COMMISSION # EE 185419 �, EXPIRES: July 23, 2016 Bonded Thru Notary Public Uaderwritors fW DoubleTlme® Book29275/Page3828 CFN#20140579546 Page 2 of 2 wo Mvood ow ftLf` INSURANCE COflFOfl�H 2m439, trauma, trotttu Vett' 11 II 1011 labriihdre. morb, ;Mitt 2.4 neivEEN slum Vt1flRENTERPILISEg, INC. ley 1,.14%. otootgooeohoof ' orii‘olovivoihofor the-.1wii of Oh o fete of • 'Ceorg-l[i otoe,e'of , -booth ea Cm 010, (-:titotty: of- FitItOrt ,OifShoto-of c000r logrItaly nothortzej to •Ifentool toutiooroO !oho $rotio of Flo ''ritidri 'peoy ?the: 'Pot roof. " RURGOIC:KINtl ,109YtikATIOtl e'CNUtpiNt131049 utitift tPqn 1.04,0 01-4110Sittge..01 florid ,:f000loo-0. it* etiod-poit 140..44' heoofr000t .Ptie.Ciiaintrol Dude ontf.gobtot.o/' IL, O ox 5167413* .1).-potofoo irdeI tIty,--"NtAnd.:, 'Florida 31152- old .1.400101ty 6.14eltorii.:40-04,10,=;iet- lioihrtool 14! .Stp.M .01 Pke14, party of Oho 0000hillotti IF117711ESSAIlt; Taco,. ,rn," &viol .iparty ot the pet port,. IN- v4 to poioideNtloo IFN ood 00400 AN0 OTIIER COVD. ANN vut C lo,*" * PA/IA/A 'to- it eh, hood. rthof hy oho' '014 oefy ,o/ the e‘voott- mac. the ooript tetierro fie horoby otouroft4,04. ' ratwiref, llogroixtql 0101 014 tor ifoo-ooa.pooty el the oemoip�r. ir or and -04404 100.10,r, Oho fafotriorit dr$4-404 kind Metope tying 0,0 k4k.01A0 04007 '1 and Nom, of rhnidesi ;0404; Lot 1,2 ,*,5 end G , Loss the North 2 Net of Lobo 4, 5 notI 6, of NinN PARR , nOootottng to the Plot thetoof toeotolod to Plot took 7, nt eogo 29, of tho POblia Reeordo of COO: commy, 8Uuncrt TO, Condition-1n, rpntriotio04, lImItotione ooti onuellofito of eroro, IC roly, !crixon Coe the out -rent yonr tonot OOlohnejtient yooto. Code Together with all tho npOurteannonn thoreunto belonging Or opportnin4ng, ; 11,„ 00 CWAEN "-• 19 110Z1 DOCOMItaArnt dd, Ft 'SUR TAX • v, g dleal 0A0 -lop petty al:the jr.nti peelJqo hert,y hay wan,' the litio vaail 00,4 iperli 44044 itif. rldln/a #111 PerK11141 '1441*1"4"''' •I a 9009 is 250 lgtr'rlUi�. the mid poly of Mc first dwre Aar towed thrx petvartr to be alines, in r officers, raid (IF creparulc H4 to 6a sgba-td, Wrested by its $crretery,- the dily anti iC 1,K145 LiydE+Rir% g BR UM, dt QiautIIU of 9. ililetq; tilrrlIig. that en r ,, Ai* 14C day of ✓ .Tt>t.n te 4, 0, !SKr,brfurr, ate &rau`tally aprrrarr rd i; atAvLtd I r. anti ... vrd,-, Crrwitientmnid limitay roatiorri,varry of GREAT 'fiOUT11EI&N CNT$ItPRIEl'S> INC* , (a rvrrporati ur trn'Iletthe later of e the Mete t f Gnprrg f.ta , la nra ktsntil.t to drr t iao perumr who signed the f arr.. grtitlit instrOptetir as lions o f(lerrr and trerraddy ar:hnuardrwdptvl threzerittirne thereat to he tht•ir frrar.aos anid deed a, setcli (t9itrrr for r$nitdrr rind dyaryt(r6r$ therein -rnrntinned and that they off ixrvd etettlfllira, upa. rdal.arrtd of radd rv'rrrNtratinn,.dnra-that the mind-'lnarreeturnrtr ilte tort and. deedr?f tight tool oreoinI. �irdr»t, EOM] ULTON tildrOe my lean(' anal off trial semi or ih- she Cotairy'+ii- ygdtott The day drift year tsar= of terrdaihlo C mntiti Srn I's)ip ptpulttt, Id etrttim IIII)atr spas Of: reaj-CdYINtT'r wo. Ykt Mtti dt1(341,1 )t,ruttrlxlriG uuiixeIC1alr (:uuur At L unt:tr anti .4tate Ill- COOT f:a pigtreiy huhGa, :L"w,plq, p,ro el leirpt •titmtfloA ter , ?z, iAii ui be It 50 n�'` I Z92a`C22O' kJ �. 6RI 70 6 HAMMY: PEED THIS IHDEt4 Ut ; evade this 1Cttli dayy of 4.V11 yen Butter King Corporation, Flo>:idart*prborstion t. , A,b; existing under the laws of the State of having its principal place of business in the County of Dade-r"'-- and State of F1nr d party of the first part, and the. CM OF" MIAMI, a Municipal Corporation. a corporation existing under the laws of the Skate of Florida, having its principal place of bueineee in the County of Dade and Mate of Florida, and lawfully authorized to transact tbuslnepe in the County of Dade end State of Florida, party of the second part. W1TNKSSETHi That the said party of the first part, for and ih consideration of the sun of ONE DOLLAR (51,00) and other good and Valuable considerations to it in hand paid by the aaid,party of the. aeeSnd part, the receipt whereof is hereby acknowledged, has granted, bargained and told to the said party of the second part, its successors and assigns forever, the following described land Situate, tying. And being in the C©linty aDade and State Of Florida, to witi These portions of Lots 1 and 2, "EDEN PARK", according to the Plat thereof, as recorded inPlatBook 7, Page 29, of the Public Records of Dade CountY, Florida, being more particularly described ae follows, The East 10 feet of fd Lots 1 and 2 the external area of a circular curve having a radius of 25 feet and tangents which art 35 feet Weat of and parallel with the centerline Of N,W, 7 Avenue and 35 £set South of and parallel with the centerline of U,W, 36 Street, RdpmNu 140'li:y'.h(yw rm*,r e a.'tw„p 4eiw oivrPA, '1244,461:ik*Pt- y�..,. ':9V,r411 7m,i rrI.,rgd„ato4 ...O Nthr/ I r K‘1 ,�Y' , Aer'd the said party of the first part does he rslty ful tiG2s to said land, and will defend the game a ainat of .all peroons whomsoever, Fags 1 of 2 y grant, the lawful claims )t!e l 29231122W IN WITNESS"41HSRE0r, the said party of the first part hos caused theme presente to be iiistted in its noise by its proper officers, and its corporate *eel to be affixed, attested by its Secretary, the day and year above written, ATTEST } Y -4o' ASSI,ITANT swarm Signed,ieoa1ed and delivered the presence of us r STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY,that on this lbtft day of nl,t'ti A.U, 1986 , before me personally appeared mtrcho I,coln and Vinocn1 t, ()Willy Vice Presidart and AasLatant Secretary respectively of Burger King Corporation . —_-- '--- --. r a carporAxivn under the laws of the State of Florida ---- ---• , to ma known to be the persons who cri ed the foregoinginetrwnent as such officers and severally acknowledged the execution thereof to be their fires eca and. daad_a4 aunh officer! for the uses and purposes �therein mentioned and that they affixed thereto the official teal of said corporation, and that the .said instrument ie the act and deed of said corporacion. WITNESS c» hand and official seal at t'Ancil in the County of tkxio and Stets of {Aortae , the day and year last aforeaad, APPROVED AS CORREC- .=Si FORM Mr D Thte Instrument Accepted Pursuant co Resolution. No, Patted and Adopted au' orroP 4-4-flflIEllt,pICo p, oMM of oeuI 6Q !Il(F HauoA rrrJ,•n m ,i,in flCkluISDN�P. ItRO° Fags Z of 2 APEROVC. AS TO DESCRIPTION MEM OF Mine 11605 This InstrOmant Prepared Hy Department of Law City of Miami, Florida. Prepared by and return to: Louis D. Zaretsky, Esq, Ritter, Zaretsky, Lieber & Jaime, LLP 2915 Biscayne Blvd., Suite 300 Miami, FL 33137 [Space Above 'Ibis Line For Recording Dale] 111111111111111111111111111111111111111111111 CFN 2013RO281539 OR Bk 28576 Fes 2462 - 2463; t2nasl RECORDED 04/11/2013 1133948 DEED DOC TAX 0"60 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Quit Claim Deed 7�rt f This Quit Claim Deed made this 5 day of�44nett 2tl13, between Stephen Mcruclo, a single man, whose post office address is: 5727 Phnetrec Drive, Miami Beach, Florida 33140, grantor, and Rebuild Miami Eden Park, LLC, a Florida limited (lability company, whose post office address is; 2915 Biscayne Blvd., Suite 300, Miami, FL 33137, grantee: (Whenever used herein the terms "grantor" and "grantee" include ail the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, Interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Miami -Dade County, Florida to -wit; XH1BIT""A" ATTACHED HERETO, Parcel Identification Nos. 01-3128-029-0(60 01-3128.029-080- 01-3128-029-0100..- 01-3128-0294120 01-3128-029-0215' 01-3128-029007i , 01-3128-029,0090 01-3128-029.0110' 01-3128.029,0210 01-3128-029-0220" No documentary stamps are due, The Grantor is the Manager of the Grantee company and no beneficial change of ownership has occurred. This is a mere book transaction. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signe se. -. and delivered hs our presence; 1110/11Mir OVA I s/arn:` State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 47 day of Max* 2013 by Stephen Memelo, who is personally known to me, Step[te eruelo (Seal) ]Notary Seal] Nola 'u.lio Prin My Commission Expires; DaubleTime°D Book28576/Page2462 CFN#20130281539 Page 1 of 2 OR f K 2 ,'5"l6 P L,,AST PAGE EXBIBIT "A" Legal Description of Property Parcel 1: Lot 7 less the North 2 feet thereof, EDEN PARK, according to the Plat thereof, as recorded in Plat Book 7 at Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 2: Lot 8, EDEN PARK, according to the Plat thereof, as recorded in Plat Book 7 at Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 3: Lot 9, EDEN PARK, according to the Plat thereof, as recorded in Plat Book 7 at Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 4: Lot 10, EDEN PARK, according to the Plat thereof, as recorded in Plat Book 7 at Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 5: Lot 11, EDEN PARK, according to the Plat thereof, as recorded in Plat Book 7 at Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 6: Lot 12, EDEN PARK, according to the Plat thereof, as recorded in Plat Book 7 at Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 7: Lot 13, EDEN PARK, according to the Plat thereof, as recorded in Plat Book 7 at Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 8: Lot 25, less the South 5 feet thereof, EDEN PARK, according to the Plat thereof, as recorded in Plat Book 7 at Page 29, of the Public Records of Miami -Dade County. Parcel 9: Lot 24, EDEN PARK, according to the Plat thereof, as recorded in Plat Book 7 at Page 29, of the Public Records of Miami -Dade County, Florida. Parcel 10: Lot 23, EDEN PARK, Tess the South 5 feet thereof, according to the Plat thereof as recorded In Plat Book 7 at Page 29 of the Public Records of Miami -Dade County, Florida, 3 2 63 Book28576/Page2463 CFN#20130281539 Page 2 of 2 Prepared by: Erick Lora, Esq. 8300 West Flagler Street Unit 175 Miami, FL. 33144 Return to: RTE Title Company 2915 Biscayne Blvd., Suite 300, Miami, Florida 33137 111111111111111111111111111111111111111111111 CFN 2O14RO585 r7O2 OR Bk 29279 Pss 0171 - ,172i (2P9s) RECORDED 08f21/2014 12:25:05 DEED DOC TAX 780.00 HARVEY RUVINr CLERK OF COURT MIIAMI-OADE COUNTY! FLORIDA [Space Above This line For Recording Data] Warranty Deed This Warranty Deed made this 27°' day of June, 2014 between Ander A. Cueto, a single man and Robinson L. Cueto, a married man*, whose post office address is 411 NE. 36 Street, Apt. 5, Miami, FL. 33137 and 8744 SW 34 Lane, Miami, EL. 33174 (respectively), grantors, and Rebuild Miami Eden Park, LLC, a Florida limited liability company, whose post office address is 2915 Biscayne Blvd, Suite 300, Miami Beach, Florida 33139, grantee: (Whenever used herein the terms "grantor" and "grantee" inokude all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of ootporaUons, trusts and trustees) Witilesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lot 14, Eden Park, according to the map or plat thereof, as recorded in Plat Book 7, Page(s) 29, of the Public Records of Miami -Dade County, Florida. Also known as: 786 NW 36'1' Street, Miami, FL. 33127 Folio #01-3126-029-0130 *The subject property does not represent the Homestead of Robinson L. Cueto, or ally of his heirs, as defined under Article X, section 4 ofthe Florida Constitution. Robinson L. Cueto resides at: 8744 SW 3`d Lane, Miami, FL. 33174: Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby eovenants with said grantee that the grantor is lawfully seized of said land in fee simple; .that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2013, In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTlmov Book29279/Page171 CFN#20140585702 Page 1 of 2 Signed, sealed and delivered in our presence: By: By: OR Br, 29279 PG 0172 LAST PAGE Robinson L. Cueto The foregoing instrument was sworn to and subscribed before me this 27th Ander A. Cueto and Robinson L. Cueto, who are personally known to me. [Notary Seal] RIARA N(03' State el flotkla My it' ie$ Sep 15, 2017 Coo' e FF 053890 041/Perwerwe-.49- f HICK F. LOIN Wry Pliblic • Stale d car. ; xpires lip 1$, Ng CoI' ,s mon # FF SUM Warranty Deed - Page 2 Notary Public Printed Name: My Commission Expires: DoubleTIme Book29279/Page172 CFN#20140585702 Page 2 of 2 Exhibit "A." LEGAL DESCRIPTION: SURVEY OF LOTS 7-14 AND 23, 24 AND 25 OF EDEN PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN THE PLAT BOOK 7, PAGE 29, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. THEREOF AS EXCEPT: LOT 7, LESS THAIN THE PLAT BOOK 7, N NORTH 2 FEET, AND LOT 25, LESS SOUTH 5 FEET THEREOF, EDEN PARK ACCORDING TO THE PLAT PAGE 29, OF HE PUBLIC C RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (1) (2) (3) rvi rin o I LH u For Office Cheek) Use only: Receipti Ethics Certificate [4" CITY OF MIAMI Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 Phone: (305) 250-5360 LOBBYIST REGISTRATION Lobbyist Name: EsCarra , Ir Last Name, First Name, Middle Initial Business Phone:305- 579- 073'7 Business Address 333 SE 2nd Avenue, Miami, Florida E-Mail Address escarrai@gtlaw.com Principal Represented Rebuild Miami. Eden Park LLC zip 33131 Principal's Business Address2915 S. Biscayne Blvd,Sulte 300, Miami, Fl ,/, 33131 (If different from above) Specific SSue lobbyist has been retained to lobby (if representing a corporation, partnership or trust, give business address of chief officer, partner, or beneficiary of same, and the names and addresses of all persons holding, directly or indiectly, at least five percent (5%) ownership interest in said corporation, partnership or trust). Zoning Entit lement (4) Lobbyists shall state the extent of any business association or financial relationship with any member(s) (gibe City Commission, any member of City staff before whom he/she lobbies or intends to lobby. (If applicable, please explain) None ,obbyists shall pay all registration fees ($525.00 annually, plus $105.00 for each principal represented and for each issue a lobbyist has been retained to lobby on behalf of any one principal), and specifically define the issue for which they are employed. The Clerk shall reject any statement which does not detail the issue for which the lobbyist has been employed, Lobbyist shall also submit n certificate of completion of an ethics course provided by the Nliatni-Dade County Commission on Ethie.9 & Public Trust or City of Miami 1.70010e ted no more than one (I) year prior to registering, 1 do solemnly swear that all of the foregoing facts are true and ow' ct, and lave read or am familiar with the provisions contained in Sections 2-651 through 2-658 'ty of Miami Code, as amended, including "annual registration, withdrawal, reporting require- ei, de violations and contingency fees," ts, examinatio,penalties for State of Florida, County of Mianti-Dade Sworn to and subscribed before we this day of Lobb'VIt Signature Is.. ry 0 AffISOL RODRIGUEZ Notary Public., - S(ale oi rorirIa y C011141. ExpItts S P,' 201a Commisslon # FF 153039 Nate: Annual Registration eel 2/31/2015 State of Florida Department of State I certify from the records of this office that REBUILD MIAMI EDEN PARK, LLC is a limited liability company organized under the laws of the State of Florida, filed on January 29, 2013. The document number of this limited liability company is L13000014693. 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 March 17, 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 Fourth day of June, 2015 le" 04.),A. Secretary of State Tracking Number: CU1700573018 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sun b iz.org/Filings/Certif icateOfStatus/CertificateAuth entication Florida Real Estate Decisions, Inc. October 26, 2015 City of Miami Hearing Boards Division Planning, Building and Zoning Division 444 SW 2nd Avenue, 7th Floor Miami, Florida 33130 Re: Property Owners List Within 500 feet of: EDEN PARK PB 7-29 LOTS 1-2-4-5 & 6 LESS N2FT LESS ElOFT OF LOTS 1 & 2 FOR R/W LOTS 7 THRU 13 & 23 THRU 27 730-780 NW 36 STREET 739-765 NW 35 STREET 16375 N.E. 18th Avenue Suite 300 Miami, FL 33162 (305) 757-6884 1500 West Cypress Creek Rd. Suite 409 Ft. Lauderdale, FL 33309 (954) 761-9003 12230 Forest Hill Blvd, Suite 110-SS Wellington, FL 33414 (561) 798-4423 WWW.FREDIFL.COM This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 500 feet of the subject property listed above. This reflects the most current records on file in the Miami -Dade County Tax Assessor's office. Sincerely, Maureen E. Hudson MEH/ms cc: GREENBERG TRAURIG 333 Avenue of the America's, Ste 4400 Miami, Florida 33131-2184 Number of Labels: 78 0131230460010 3700 7 AVE NW 1.28 AC M/L PB TRACT A LOT SIZE 55757 0131230460020 3600 7 AVE NW 15.42 AC M/L PB TRACT B LOT SIZE 671695 86-45 MOORE PARK SQUARE FEET 86-45 MOORE PARK SQUARE FEET 0131230460030 3625 10 AVE NW 2.89 AC M/L PB 86-45 MOORE PARK TRACT C LOT SIZE 125888 SQUARE FEET 0131240033190 3701 7 AVE NW 24 53 41 BAY VISTA PARK AMD PL PB 5-71 LOT 13 LESS W5FT & LOT 14 LESS NE PORT LYG IN EXPWY BLK 43 LOT SIZE IRREGULAR 0131240350010 3601 7 AVE NW 24 53 41 0.75 AC M/L M.TB PROPERTY PB 90-66 TRACT A LOT SIZE IRREGULAR 0131250220070 3521 7 AVE NW PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB PB 6-9 LOTS 3 THRU 7 & LOT 10 LESS PORT LYG IN R/W LOT SIZE 22898 SQ FT 0131250220080 3511 7 AVE NW PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB LOT 8 PB 6-9 LOT SIZE 50.000 X 102 0131250220090 3501 7 AVE NW 25 53 41 PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB LESS SSFT TO CITY LOT 9 PB 6-9 CITY OF MIAMI DEPT OF P & D ASSET MANAGEMENT DIVISION 444 SW 2ND AVE STE 325 MIAMI, FL 33130-1910 CITY OF MIAMI DEPT OF P & D ASSET MANAGEMENT DIVISION 444 SW 2ND AVE STE 325 MIAMI, FL 33130-1910 MIAMI DADE COUNTY WATER AND SEWER 3071 SW 38TH AVE MIAMI, FL 33146-1520 ELLER MEDIA COMPANY 5800 NW 77TH CT MIAMI, FL 33166-3509 SUNSHINE DADE INVESTMENTS LLC 1650 NW 87TH AVE MIAMI, FL 33172-2614 CENTAURUS OASIS ONE LLC 20801 BISCAYNE BLVD STE 306 MIAMI, FL 33180-1423 RAFAEL A PENA WILLIAM R ARIAS 3511 NW 7 AVE MIAMI, FL 33127-3307 RAFAEL A PENA WILLIAM R ARIAS 3511 NW 7 AVE MIAMI, FL 33127-3307 Florida Real Estate Decisions, Inc. Page 1 of 12 0131250220110 666 36 ST NW 25 53 41 PB 6-9 PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB LOT 11 LESS S PORTION IN R/W & LOT 12 LESS E15FT & N & S PORTIONS IN R/W LOT SIZE 11866 SQUARE FEET 0131250220160 666 35 ST NW PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB PB 6-9 LOT 16 LESS N5FT TO CITY LOT SIZE 6900 SQUARE FEET 0131250220170 676 35 ST NW 25 53 41 PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB PB 6-9 LOT 17 LESS N5FT TO CITY LOT SIZE 6900 SQUARE FEET 0131250220180 3499 7 AVE NW PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB LESS N5FT & LESS W7.5FT PB 6-9 LOT 18 LOT SIZE 42.690 X 102 0131250220190 3441 7 AVE NW 25 53 41 PLAN OF LOTS ON BUENA VISTA A SUB OF PT OF MEAGHERS SUB PB 6-9 LOTS 19 & 20 LOT SIZE 95.380 X 102 0131250220210 3421 7 AVE NW 25 53 41 PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB PB 6-9 LOT 21 LOT SIZE 47.690 X 102 0131250220220 3401 7 AVE NW PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB LOT 22 LESS W10FT PB 6-9 LOT SIZE 4755 SQ FT JACOB A STERN & JACOB STERN JR 666 NW 36TH ST MIAMI, FL 33127-3028 ALBERT A & EILEEN B BARAKAT & EILEEN F & ELIZABETH W BARAKAT 1025 NE 147TH ST MIAMI, FL 33161-2440 BRAIT SHLOMO & ZEEV ZIPRIS C/0 BRAIT SHLOMO 3600 YACHT CLUB DR APT 802 MIAMI, FL 33180-4005 MARIA L ARIAS RODRIGUEZ 3497 NW 7TH AVE MIAMI, FL 33127-3305 BB & J RENTALS 7327 NW MIAMI CT MIAMI, FL 33150-3509 BEN PUMO & BENNETT PUMO & 7327 NW MIAMI CT MIAMI, FL 33150-3509 JERRY PUMO PRADO & CRESPO PARTNERSHIP TRS 2300 NW 17TH AVE MIAMI, FL 33142-7654 Florida Real Estate Decisions, Inc. Page 2 of 12 0131250220230 685 34 ST NW PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB LOT 23 LESS W1OFT PB 6-9 LOT SIZE 4621 SQ FT 0131250220240 675 34 ST NW PLAN OF LOTS ON BUENA VISTA DRIVE A SUB OF PT OF MEAGHERS SUB LOT 24 PB 6-9 LOT SIZE 7150 SQUARE FEET 0131250220260 671 34 ST NW PLAN OF LOTS ON BUENA VISTA DR A SUB OF PT OF MEAGHERS SUB PB 6-9 LOT 25 LOT SIZE 7150 SQ FT 0131260000160 3350 7 AVE NW 26 53 41 .48 AC BEG 671.1FT M/L S OF NE COR OF SEC W242,41FT S125FT E242.41FT N125FT TO POB LESS N25FT & E32.5FT FOR ST LOT SIZE 20991 SQUARE FEET 0131260080010 798 35 ST NW SUWANNEE PARK PB 12-69 LOT 1 LESS ST BLK 1 LOT SIZE 6950 SQUARE FEET 0131260080020 794 35 ST NW --SUWANNEE PARK PB 12-69 LOT 2 LESS NSFT TO CITY BLK 1 LOT SIZE IRREGULAR 0131260080030 792 35 ST NW 26 53 41 SUWANNEE PARK PB 12-69 OT 3 BLK 1 LOT SIZE 7200 SQUARE FEET 0131260080031 790 35 ST NW 26 53 41 SUWANNEE PARK PB 12-69 LOT 4 BLK 1 LOT SIZE 7200 SQUARE FEET PRADO & CRESPO PARTNERSHIP TRS 2300 NW 17TH AVE MIAMI, FL 33142-7654 JUAN J CENTENO &W NORMA M 675 NW 34TH ST MIAMI, FL 33127-3341 CESAR FERNANDEZ 671 NW 34TH ST MIAMI, FL 33127-3341 EDUARDO NAVAL & URISTIDES R URENA & ANTONIO E DOMINGUEZ (TRS) 3350 NW 7TH AVE MIAMI, FL 33127-3304 MIAMI DADE COUNTY ISD R/E MGMT 111 NW 1ST ST STE 2460 MIAMI, FL 33128-1929 SUNNY ISLES ASSOCIATES LLC 6515 COLLINS AVE APT 809 MIAMI BEACH, FL 33141-9626 AG LAKE TERRACE INC 2965 SW 28TH LN MIAMI, FL 33133-3794 ZEBEDEE VICKERS &W ROSETTA 1050 NW 87TH ST MIAMI, FL 33150-2542 Florida Real Estate Decisions, Inc. Page 3 of 12 0131260080040 788 35 ST NW SUWANNE PARK PB 12-69 LOT 5 LESS N5FT TO CITY BLK 1 LOT SIZE 6950 SQUARE FEET 0131260080050 768 35 ST NW SUWANNEE PARK PB 12-69 LOT 6 LESS NSFT TO CITY BLK 1 LOT SIZE 6950 SQUARE FEET 0131260080060 764 35 ST NW SUWANNEE PARK PB 12-69 LOT 7 LESS NSFT TO CITY BLK 1 LOT SIZE 6950 SQUARE FEET 0131260080070 760 35 ST NW SUWANNEE PARK PB 12-69 LOTS 8 & 9 LESS N5FT BLK 1 TO CITY LOT SIZE 13900 SQUARE FEET 0131260080080 754 35 ST NW SUWANNEE PARK PB 12-69 LOT 10 BLK 1 LOT SIZE 7200 SQUARE FEET 0131260080090 736 35 ST NW SUWANNEE PARK PB 12-69 LOTS 11 & 12 BLK 1 LOT SIZE 14400 SQUARE FEET 0131260080100 720 35 ST NW SUWANNEE PARK PB 12-69 LOT 13 LESS E7FT OF N54FT & LESS N7FT TO CITY BLK 1 LOT SIZE 6194 SQUARE FEET 0131260080110 3454 7 AVE NW SUWANNEE PARK PB 12-69 E7FT OF N54FT OF LOT 13 & LOT 14 LESS E7.5FT & N7.5FT BLK 1 LOT SIZE IRREGULAR MELINDA RODRIGUEZ 788 NW 35TH ST MIAMI, FL 33127-3352 CARLOS SERRANO 768 NW 35TH ST MIAMI, FL 33127-3352 CARLOS RODRIGUEZ &W OLGA DEL C RODRIGUEZ 764 NW 35TH ST MIAMI, FL 33127-3352 AG LAKE TERRACE INC 1200 BRICKELL BAY DR APT 3208 MIAMI, FL 33131-3269 AG LAKE TERRACE INC 2965 SW 28TH LN MIAMI, FL 33133-3794 MANUEL ZAIAC &W HILDA 9655 E BAY HARBOR DR APT 3S MIAMI BEACH, FL 33154-2121 CRV INVESTMENTS INC 2642 COLLINS AVE APT 507 MIAMI BEACH, FL 33140-4779 ARTWOOD PROJECTS LLC 1084 NE 84 STREET MIAMI, FL 33138 Florida Real Estate Decisions, Inc. Page 4 of 12 0131260080120 3440 7 AVE NW SUWANNEE PARK PB 12-69 LOT 15 LESS E7.5FT BLK 1 LOT SIZE 45.020 X 112 0131260080130 3430 7 AVE NW 26 53 41 SUWANNEE PARK PB 12-69 LOT 16 LESS E7.5FT BLK 1 LOT SIZE 45.020 X 112 ARTWOOD PROJECTS LLC 1331 BRICKELL BAY DR APT BL48 MIAMI, FL 33131-3689 ARTWOOD PROJECTS LLC 1331 BRICKELL BAY DR APT BL48 MIAMI, FL 33131-3689 0131260080140 KAILANI PROPERITES LLC 3414 7 AVE NW 1084 NE 84 ST 26 53 41 SUWANNEE PARK PB 12-69 MIAMI, FL 33138 LOT 17 LESS S 2 IN & LESS E7.5FT BLK 1 LOT SIZE 45,000 X 112 0131260080150 3408 7 AVE NW SUWANNEE PARK PB 12-69 LOT 18 & S2IN LOT 17 LESS E7.5FT BLK 1 LOT SIZE 45.040 X 112 0131260080160 3400 7 AVE NW SUWANNEE PARK PB 12-69 LOT 19 LESS E7.5FT BLK 1 LOT SIZE 53.880 X 112 0131260080170 725 34 ST NW SUWANNEE PARK PB 12-69 LOT 20 BLK 1 LOT SIZE SITE VALUE KAILANI PROPERITES LLC. 1084 NE 84 ST MIAMI, FL 33138 KAILANI PROPERITES LLC 1084 NE 84 ST MIAMI, FL 33138 KAILANI PROPERITES LLC 1084 NE 84 ST MIAMI, FL 33138 0131260080180 U S BANK N A TRS 733 34 ST NW STANWICH MORTGAGE LOAN TRUST SUWANNEE PARK PB 12-69 1610 E SAINT ANDREW PL # B150 LOT 21 BLK 1 SANTA ANA, CA 92705-4931 LOT SIZE 7200 SQUARE FEET 0131260080190 737 34 ST NW 26 53 41 SUWANNEE PARK PB 12-69 LOT 22 BLK 1 LOT SIZE 7200 SQUARE FEET FRITZ JEAN & MARIE DUBE 1351 NE 115TH ST MIAMI, FL 33161-6824 Florida Real Estate Decisions, Inc. 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Page 6 of 12 0131260080265 SUWANNEE PARK PS 12-69 LOT 31 BLK 1 LOT SIZE 7193 SQ FT 0131260080270 3411 8 AVE NW SUWANNEE PARK PB 12-69 N69.85FT OF LOT 32 BLK 1 LOT SIZE 3492 SQUARE FEET 0131260080271 797 34 ST NW SUWANNEE PARK PB 12-69 S74FT OF LOT 32 BLK 1 LOT SIZE 3700 SQUARE FEET 0131260250030 3325 8 AVE NW MANGO MANOR PB 18-60 LOT 11 BLK 1 LOT SIZE 5012 SQUARE FEET 0131260250031 790 34 ST NW MANGO MANOR PB 18-60 LOT 12 BLK 1 LOT SIZE 5044 SQUARE FEET 0131260250040 780 34 ST NW MANGO MANOR PB 18-60 LOT 13 BLK 1 LOT SIZE 5044 SQUARE FEET 0131260250050 3324 7 PL NW 26 53 41 MANGO MANOR PB 18-60 LOT 14 BLK 1 LOT SIZE 5044 SQUARE FEET 0131260250090 3216 7 AVE NW MANGO MANOR PB 18-60 LOTS 1 THRU 12 INC BLK 2 LOT SIZE 60423 SQUARE FEET HOUSING PROGRAMS INC 683 N BISCAYNE RIVER DR MIAMI, FL 33169-6215 JOEL REYES EST OF 3411 NW 8TH AVE MIAMI, FL 33127-3319 BRENUS CENECHARL 797 NW 34TH ST MIAMI, FL 33127-3343 THOMAS G WENSKI ARCHBISHOP OF THE C/O DEPT OF TEMPORALITIES ARCHDIOCESE 9401 BISCAYNE BLVD MIAMI, FL 33138-2970 OBED REYES 3307 NW 13TH TER MIAMI, FL 33125-1848 ALCIDE CAMIL &W JESULA 780 NW 34TH ST MIAMI, FL 33127-3365 LEONIE WILLIAMS 3324 NW 7TH PL MIAMI, FL 33127-3312 JOSEPH P HURLEY BISHOP 9401 BISCAYNE BLVD MIAMI, FL 33138-2970 Florida Real Estate Decisions, Inc. Page 7 of 12 0131260290020 3516 7 AVE NW EDEN PARK PB 7-29 LOT 3 & LOTS 29-32 INC LOT SIZE IRREG 0131260290130 786 36 ST NW EDEN PARK PB 7-29 LOT 14 LOT SIZE 50.000 X 136 0131260290140 792 36 ST NW EDEN PARK PB 7-29 LOT 15 0131260290150 796 36 ST NW EDEN PARK PB 7-29 LOT 16 LOT SIZE 50.000 X 136 0131260290151 3501 8 AVE NW EDEN PARK PB 7-29 LOT 17 LOT SIZE 6900 SQ FT 0131260290160 797 35 ST NW EDEN PARK PB 7-29 LOT 18 LESS S5FT TO CITY LOT SIZE 6650 SQUARE FEET 0131260290170 793 35 ST NW 26 53 41 EDEN PARK PB 7-29 LOT 19 LESS S5FT TO CITY LOT SIZE 6650 SQUARE FEET 0131260290180 789 35 ST NW EDEN PARK PB 7-29 LOT 20 LESS S5FT TO CITY LOT SIZE 6650 SQUARE FEET 3516 NW 7TH AVE LLC C/O JESUS F CABRERA 7676 HAZARD CENTER DR STE 1150 SAN DIEGO, CA 92108-4514 REBUILD MIAMI EDEN PARK LLC 2915 BISCAYNE BLVD STE 300 MIAMI BEACH, FL 33139 PERSONAL PARADISE DEV INC 13420 SW 70TH AVE MIAMI, FL 33156-6950 NAPROM INVESTMENTS INC 16508 NE 27TH AVE NORTH MIAMI BEACH, FL 33160-4051 JOHN G SANCHEZ 428 SW 27TH RD MIAMI, FL 33129-2239 PRENTICE A SNIPES JR 797 NW 35TH ST MIAMI, FL 33127-3351 TWC FAMILY LTD PARTNERSHIP 6301 SW 33RD ST MIAMI, FL 33155-4910 WACHOVIA MORTGAGE FSB C/O ALDRIDGE CONNORS LLP 7000 W PALMETTO PARK RD STE 307 BOCA RATON, FL 33433-3430 Florida Real Estate Decisions, Inc. Page 8 of 12 0131260290190 773 35 ST NW EDEN PARK PB 7-29 LOT 21 LESS S5FT FOR R/W LOT SIZE 6635 SQFT 0131260290200 767 35 ST NW 26 53 41 EDEN PARK PB 7-29 LOT 22 LESS S5FT TO CITY LOT SIZE 6650 SQUARE FEET 0131260290250 725 35 ST NW EDEN PARK PB 7-29 LOT 28 LOT SIZE 6900 SQUARE FEET 0131260300010 869 34 ST NW BUENA VISTA PARK PB 4 170 w1/2 LOT 1 BLK 1 LOT SIZE 3255 SQUARE FEET 0131260300020 827 34 ST NW BUENA VISTA PARK PB 4 170 E1/2 OF LOT 1 BLK 1 LOT SIZE 3255 SQUARE FEET 0131260300021 3411 9 AVE NW BUENA VISTA PARK PB 4 170 LOT 2 LESS W5FT & LESS E15FT FOR R/W BLK 1 0131260300030 3425 9 AVE NW BUENA VISTA PARK PB 4 170 LOT 3 BLK 1 LOT SIZE 6540 SQUARE FEET 0131260300040 3427 9 AVE NW BUENA VISTA PARK PB 4 170 LOT 4 BLK 1 LOT SIZE 6540 SQ FT XTREME PROPERTY INVESTMENTS LLC PO BOX 660831 MIAMI SPRINGS, FL 33266-0831 STABIA HOLDINGS LLC 16508 NE 27TH AVE NORTH MIAMI BEACH, FL 33160-4051 3516 NW 7TH AVE LLC C/O JESUS F CABRERA 7676 HAZARD CENTER DR STE 1150 SAN DIEGO, CA 92108-4514 ISAEL PEREZ &W CARMEN M 869 NW 34TH ST MIAMI, FL 33127-3345 ABNER REYES 827 NW 34TH ST MIAMI, FL 33127-3345 RICARDO MINIET &W BELKIS 250 NW 59TH AVE MIAMI, FL 33126-4742 ARISTIDES P LIMONTA 735 NW 29TH ST MIAMI, FL 33127-3828 ISRAEL LOPEZ &W GLORIA 3427 NW 9TH AVE MIAMI, FL 33127-3327 Florida Real Estate Decisions, Inc. Page9of12 0131260300050 3501 9 AVE NW BUENA VISTA PARK PB 4 170 LOT 5 BLK 1 LOT SIZE 6540 SQ FT 0131260300060 3509 9 AVE NW 26 53 41 BUENA VISTA PARK PB 4 170 LOT 6 LESS S2OFT & LOTS 7 & 8 BLK 1 LOT SIZE 17440 SQUARE FEET 0131260300070 3505 9 AVE NW BUENA VISTA PARK PB 4 170 S2OFT OF LOT 6 BLK 1 LOT SIZE 2180 SQUARE FEET 0131260300080 800 36 ST NW BUENA VISTA PARK PB 4 170 LOT 9 & LOT 10 LESS EXT AREA OF CURVE IN NE COR 0131260300091 3412 9 AVE NW BUENA VISTA, PARK PB 4 170 LOT 2 LESS S8FT BLK 2 LOT SIZE 52.000 X 109 OR PALMUN ASSOCIATES 1497 NW 7TH ST MIAMI, FL 33125-3640 DENISE G P LOUIS 3509 NW 9TH AVE MIAMI, FL 33127-3329 THARWAT MONEM 2809 SW 21ST ST MIAMI, FL 33145-2307 RENE LARRALDE 800 NW 36TH ST MIAMI, FL 33127-3031 YOLO MIAMI LLC 1340 LINCOLN RD APT 209 MIAMI BEACH, FL 33139-2235 0131260300100 JUANA LOPEZ 3426 9 AVE NW NICZA BENIQUEZ 26 53 41 BUENA VISTA PARK PB 4 170 3426 NW 9TH AVE S4OFT LOT 3 ELK 2 MIAMI, FL 33127-3328 LOT SIZE 40.000 X 109 0131260300110 3428 9 AVE NW BUENA VISTA PARK PB 4 170 N2OFT LOT 3 & S2OFT LOT 4 BLK 2 LOT SIZE 40.000 X 109 0131260300120 3430 9 AVE NW 26 53 41 BUENA VISTA PARK PB 4 170 N4OFT LOT 4 BLK 2 LOT SIZE 40.000 X 109 FELISA GAGNI 3428 NW 9TH AVE MIAMI, FL 33127-3328 SILVINA HOPE 3430 NW 9TH AVE MIAMI, FL 33127-3328 Florida Real Estate Decisions, Inc. Page 10 of 12 0131260300130 3500 9 AVE NW BUENA VISTA PARK PB 4 170 LOT 5 BLK 2 LOT SIZE 60.000 X 109 0131260300140 3506 9 AVE NW 26 53 41 BUENA VISTA PARK PB 4 170 LOT 6 BLK 2 LOT SIZE 60.000 X 109 0131260300150 3510 9 AVE NW 26 53 41 BUENA VISTA PARK PB 4 170 LOT 7 BLK 2 LOT SIZE 60.000 X 109 0131260300160 3520 9 AVE NW BUENA VISTA PARK PB 4 170 LOT 8 LESS 5 FT FOR ST BLK 2 LOT SIZE 60.000 X 104 0131260300170 900 36 ST NW BUENA VISTA PARK PB 4 170 LOTS 9 & 10 LESS N1OFT & LESS E5FT & LOT 11 LESS W5FT & LESS EXT AREA OF CURVE IN NW COR & LOT 12 LESS W5FT BLK 2 LOT SIZE 22800 SQ FT 0131260300200 3535 9 CT NW BUENA VISTA PARK PB 4 170 LOT 13 BLK 2 LOT SIZE 60.000 X 109 0131260300210 3509 9 CT NW BUENA VISTA PARK PB 4 170 LOT 14 BLK 2 LOT SIZE 60.000 X 109 0131260300211 3501 9 CT NW BUENA VISTA PARK PB 4 170 LOT 15 LESS W5FT BLK 2 LOT SIZE 60.000 X 104 JOSE A ORTIZ &W CARMEN 3500 NW 9TH AVE MIAMI, FL 33127-3330 LOS CEDROS INVESTMENT LLC 3506 NW 9TH AVE MIAMI, FL 33127-3330 MARIA E MARTINEZ 3510 NW 9TH AVE MIAMI, FL 33127-3330 JUANA JULIA MARTINEZ 3520 NW 9TH AVE MIAMI, FL 33127-3330 900 NW 36 ST LLC PO BOX 381606 MIAMI, FL 33238-1606 C J VAN DELINDER 1701 TIGERTAIL AVE MIAMI, FL 33133-3324 C J VAN DELINDER 1701 TIGERTAIL AVE MIAMI, FL 33133-3324 JOSE A MOLINA &W ZENEYDA 3501 NW 9TH CT MIAMI, FL 33127-3337 Florida Real Estate Decisions, Inc. Page 11 of 12 0131260300220 3445 9 CT NW BUENA VISTA PARK PE 4 170 LOT 16 ELK 2 LOT SIZE 60.000 X 109 0131260300230 3435 9 CT NW 26 53 41 BUENA VISTA PARK PB 4 170 LOT 17 ELK 2 LOT SIZE 60.000 X 109 0131260580010 754 34 ST NW 26 53 41 0.29 AC M/L CORPUS CHRISTI MANOR PB 67-68 TRACT A LOT SIZE 12510 SQUARE FEET 0131260580020 785 32 ST NW 26 53 41 1.38 AC M/L CORPUS CHRISTI MANOR PB 67-68 TRACT B LOT SIZE 60112 SQUARE FEET 0131260580030 3220 7 AVE NW 26 53 41 7.95 AC M/L CORPUS CHRISTI MANOR PE 67-68 TRACT C LOT SIZE 346302 SQUARE FEET ARMANDO ACOSTA &W DORA 3445 NW 9TH CT MIAMI, FL 33127-3335 JUAN A LOPEZ 8385 SW 43RD ST MIAMI, FL 33155-4214 EDWARD A MCCARTHY 9401 BISCAYNE BLVD MIAMI, FL 33138-2970 Elm A MCCARTHY BISHOP OF DIOCESE OF MIAMI 9401 BISCAYNE BLVD MIAMI, FL 33138-2970 EDW A MCCARTHY BISHOP 9401 BISCAYNE BLVD MIAMI, FL 33138-2970 Florida Real Estate Decisions, Inc. Page 12 of 12 ir7a it YYI ...01 1 1 Of CITY OFNHAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD Oflyfiini: pm 'The City of N4iami 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 hearings) 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: HOME ADDRESS: CITY: (First Name) (Middle) Last Name) (Address Line 1) (Address Line 2 STATE: Florida ZIP: HOME PHONE; CELL PHONE: FAX: EMAIL,: BOSSINESS or APPLICANT or ENTITY NAME BUSINESS ADDRESS: Burger King Corporation PO Box 020783 (Address Line 1) Miami, Florida. 33102 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Cornrnission, board, authority, agency, council, or committee. Approval of rezoning application for prop rty 1ocatd at 730 NW 36 Street 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreeto support or withhold objection to the requested approval, relief or action? YES El 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.:136.5,13 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. n/a b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. n/a 5. Describe what is being requested in exchange for the consideration. n/ a ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Signature /� / �L' 4n i r / 4 rd(li•- Prim Name Sworn to and subscribed before me this / 5'�"h day of 5' c p l-C:.%%�) be/'- 0- The foregoing instrument was acknowledged before me by Ze-ht i /l "i'7 p2kl r r' "t who has produced as identification and/oris.pers. yin tome who did/did not take an oath STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRES: Enclosure(s) Doc. No.:86543 bra c f r 7t; Print ame DARYL CULP MY COMMISSION # FF 158243 EXPIRES: October 10, 2018 Bonded Thru Notary Public Underti,Ners Paget 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, conhibution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether director 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 represen :,tive are not required to fill out this form. NAME: sir pll Fast riame) (Mradie) HOME ADDRESS: 5 "12r1 T lv1 Q., TrQ Q r CITY: M i am HOWIE PHONE: tad& (Addre88 tint) (Address Llno2) V\4t ru'» (LastName) STATE: Florida ZIP: 3 3 I Ll 0 CELL PHONE: (7)() j''— 'l (a20 FAX: EMAIL: " e rU •2.t l) l a t(too . C,ta Wk BOSSINESS or APPLICANT or ENTITY NAME Rebuild Miami Eden Park LLC BUSINESS ADDRESS: 2915 Biscayne Blvd, #300 ss a Miami, Florida 33137 (Address Use2) 1. Please describe the issue for which you are seeking approval, relief er other action from the City Commission, board, authority, agency, council, or committee. Approval of rezoning and comprehensive plan applications for properties located at 755 and 765 NW 35 Street, Folio No. 01-3126-029-0215, 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street. 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 (J NO If your answer to Question 2 is No, do not answer questions 3, 4 8s 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, p r.,: se answer questions 3,4 & 5 and read and execute the Acknowledgement. D o. 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 n/a b. o. * Additional names can be placed on a separate page attached to this form, 4. Please describe the nature of the consideration. n/u S. Describe what is being requested In exchan for the consideration. n/a ACKNOWLEDGEMENT OF COMPLIANCE 1 hereby acknowledge that It is unlawild to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12PES and sucb°t cireutnvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil . r,.:Adis that naay be Imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not (ally and timely satisll>- the following may occur: I. the application or order, as applicable, shall be deemed void without Mother force or effect; and 2. no application from any person or entity for the same ue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year a r the nullification of the application or Me PERSON SUBM IrrING DISCLOSURE: t2,Onu,n cs"U.e to Sworn to and subscribed before nne this " d instrument was acknowledged before ine by as identffication STATE OP FLORIDA CITY OF MIAMI MYX COMEXPIRES: 2D / F.?r�'IltRs: to S) Dog.Ne.:t6543 &Tzee IJ . The foregoing who has produced did/did not take an oath. Page 2 CITY OF 1VIIAIVII OFFICE OF ZONING M MOR.AN.DUIVI TO: Gilberto P toti a, Attorney at Law FROM: Barnabyt N1iii, Zoning Administrator DATE: February 16 012 RE: Zoning Interpretation 12-0001 This Zoning Interpretation is issued to clarify the procedures for accessory or incidental parking.' There are properties throughout the City of Miami ("City") that have dual zoning. Many of these properties have the principal use in one Transeet Zone and the associated accessory parking in a second Transect Zone. The issue presented for this Zoning Interpretation is what requirements must a property comply with when its principal use is in one Transeet Zone and its accessory parking is in a separate Transect Zone. Section 3.3.1 of Miami21 states that lots "assembled into one ownership that encompass more than one Transect Zone shall be developed according to the corresponding Transect regulation for each Lot." Accordingly, pursuant to Section 3.3.1, both Transect Zone requirements must be complied. When accessory parking is located in a Transect Zone, it is only authorized if it complies with the requirements of that particular Transeet Zone. Because accessory parking, is incidental and subordinate to the principal use, the principal use must also comply with the requirements of the particular Transect Zone. To illustrate the issue, consider a property that has dual zoning of both a '1'6-8-0 Transect Zone and a T4-R Transeet Zone. Article 4, Table 3 of Miami2lindicates that general commercial uses :are allowedby right in a.T6-8-0 Transect Zone but strictly prohibited in a T4-R Transeet Zone, As Section 3.3.1 of Miami21 indicates, both Transeet Zone requirements must be complied with in order to allow the principal use of a general commercial use. Because the T4-R Transect Zone strictly prohibits general commercial uses, the accessory parking is likewise prohibited. There is a provision of Section 33.1 of Miami21 that arguably presents conflicting authority on this issue. Specifically, Section 3.3.1 of Miami21 also states that "T4 Lots adjacent to T5 or T6 Lots may provide parking for adjacent Lot uses, and shall follow all other T4 requirements including Liner requirements. Access for such parking shall be provided only through the T4- 0, T5 or T6 Lot." An inference can be made that because this section refers to parking in a T4 Lot for the adjacent lot, parking is thus allowed regardless of whether the principal use is allowed. This section, however, must be read in conjunction with the remaining portions of Miami21, including the above -cited portion of Section 3.3.1. Accordingly, if the actual use is not allowed in the specific Transeet Zone, the corresponding accessory parking is likewise not Accessory parking is parking that is customarily incidental and subordinate to the principal use. The terms accessory and incidental are interchangeable and for the purposes of this Zoning Interpretation, the term accessory parking shall be used. Doc. No.: Docl (2) (2) (2) (5) (2) EXHIBIT "C" allowed. The language concerning 'T4 lots is meant to solely address uses that are allowed in a T4 Transect Zone. In addition to the statutory construction analysis above, deference must also be paid to the intent of Miami21. and the zoning atlas. Article 4, Table 1 of Miami21 indicates that T4 'Transect Zones are "primarily residential urban fabric with a range of building types including rowhouses, small apartment buildings, and bungalow courts." T6 Transect Zones, on the other hand, "consists of the highest density and greatest variety of Uses." (Emphasis added), Accordingly, the intent of Miami21 is to have lower impact commercial uses in a T4 Transect Zone and keep it primarily residential. Parking for an associated use in a T6 Transect Zone which is of a higher density and more variety does not comply with this intent. In conclusion, accessory parking is only authorized. in a Transect Zone if the principal use in which the parking is associated is also allowed in the specific Transect Zone. This interpretation shall be final unless appealed to the Planning, Zoning, and Appeals Board within 15 days of the date of its issuance. cc: Francisco Garcia, Director of Planning Victoria Mendez, Assistant City Attorney Office of Zoning Office of NET 2 This Zoning Interpretation is limited to the applicability of Article 4, Table 3 to accessory parking. Assuming the accessory parking is authorized, it must also comply with the remaining provisions of Miami21 including, but not limited to, Article 3 with respect to heat island effects, Article 5 with respect to design and location criteria, and Article 9 with respect to landscaping requirements. Doc. No.: Docl (2) (2) (2) (5) (2) This instrument is prepared by (and after recording ) please return this instrument to: Brian A. Dombrowski Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 EXHIBIT "D" Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned, REBUILD MIAMI EDEN PARK, LLC, a Florida Limited Liability Corporation ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain property located in Miami - Dade County, Florida, more particularly described on Exhibit "A" ("Hotel. Property") and the property described in Exhibit "B" ("Parking Property") attached hereto and incorporated herein; and WHEREAS, Owner intends to develop the Hotel Property as a lodging use and the Parking Property as accessory parking for the abutting lodging use; and WHEREAS, as a condition to the rezoning from T5-L to T6-8-L, the Owner proffers this covenant restricting the height of the proposed structure to eight (8) stories; and WHEREAS, as a condition to the rezoning from T4-R to T5-L, the Owner proffers this covenant restricting the use of the Parking Property to accessory parking for the Hotel Property; and WHEREAS, as a condition to the rezoning from T4-R to T5-L, the Owner proffers this covenant limiting access to the Parking Property through the Hotel Property; and WHEREAS, as a condition to the rezoning from T4-R to T5-L, the Owner proffers this covenant to construct a masonry wall with- landscaping on both sides as a buffer between the Parking Property and the residential uses; and MIA 184618662v1 WHEREAS, restricting the height of the proposed structure to eight (8) stories will protect the surrounding residential properties and minimize the impact of the lodging use upon the residential properties; and WHEREAS, restricting the use of the Parking Property to accessory parking for the Hotel Property, restricting access to the Parking Property through the Hotel Property, and constructing a masonry wall and landscaping will protect the surrounding residential properties and minimize the impact of the accessory parking upon the residential neighbors NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Owner, hereby agree as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner covenants not to construct a structure with a height exceeding eight (8) stories, and Owner covenants to restrict the use of the Property to accessory parking for the abutting lodging use. Owner covenants not to access the Property from NW 35 Street, but through the abutting property that fronts NW 36 Street. Owner covenants to construct a masonry wall with landscaping on both sides to act as a buffer between the accessory parking and the residential uses in the area. C. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns until such time as the Covenant is modified or released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property and for the public welfare. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the following: (i) then owners of the Property AND (ii) the Director of the Department of Planning and Zoning subject to the approval of the City Attorney as to legal form, or their respective designees or successors, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes stated herein. D. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate any covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. E. Election of Remedies. All rights, remedies, and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to MIA 184618662v1 constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. F. Sevcrability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. G. Recording. This Declaration shall be recorded in the Public Records of Miami -Dade County at the Owners' expense. The City of Miami City Attorney at 444 SW 2°d Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation. [Signature Page to Follow] MIA 184618662v1 Signed, witnessed, executed and acknowledged this day of , 2015. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE Rebuild Miami Eden Park, LLC, a Florida limited liability company By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2015 by , who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. Name: Notary Public, State of Commission No. MIA 184618662v1 Exhibit A The Hotel Property MIA 184618662v1 Exhibit B The Parking Property MIA 184618662v1 1 t MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED • MAY 2014 7.1.2.8 Amendment to Miami 21 Code a. Successional Zoning. The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. All changes shall maintain the goals of this Code to preserve Neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. 1. When a CI zoned property ceases to be used for Civic functions, the successional rezoning is determined by identifying the lowest Intensity Abutting Transect Zone, and rezoning to that Zone's next higher Intensity Zone. 2. For a property of nine (9) acres or more, a successional change shall require a Special Area Plan as described in Article 3. 3. For all successional zoning changes of less than nine 9) acres, refer to the table below. TRANSECT ZONE FLR SUCCESSIONAL ZONE FLR T 1 -- T 1 -- T2 -- N/A -- T3 -- T4, CI -- T4 -- T5, CI -- T5 -- T6-8, CI 6 T6-8 5 T6-12, CI 8 T6-12 8 T6-24, CI 7 T6-24 7 T6-36a, CI 12 T6-36a 12 T6-60a, Cl 11 T6-48a 11 T6-60a, CI 11 T6-60a 11 T6-60b, CI 18 T6-48b 18 T6-60b, CI 18 T6-36b 22 T6-60b, CI 18 T6-60b 18 N/A, CI -- T6-80 24 N/A, CI -- CI -- Abutting Zones CI -HD 8 T6-24 7 D1 -- T6-8*, T5, CI, D2 5 (T6-8)* or -- all others D2 -- D1, CI -- D3 -- T6-8L, T6-8 0, CI -- * The Planning Department shall make a recommendation as to which Transect Zone will yield the EXHIBIT "E" VII.28 • MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED • MAY 2014 most coherent pattern given the established zoning pattern and context in the immediate vicinity. b. The Miami 21 Code may be amended by amending the Miami 21 Atlas or by amending the text of this Code. 1. Miami 21 Atlas amendments (also referred to as a "rezoning", including Special Area Plans) may only be applied for at two times of the year, which times shall be set yearly by the City Commission. A rezoning to a CS Transect Zone, and any rezoning initiated by the City shall be exempt from the twice yearly schedule. The Planning, Zoning and Appeals Board shall make recommendations to the City Commission for such amendments to the Miami 21 Code. 2. Every two years, the City may conduct a comprehensive review of the Miami 21 Atlas to evaluate the development direction of the City's neighborhoods and determine if additional amendments are appropriate. 3. Amendments to the text of the Miami 21 Code (including tables and diagrams) may be made only upon application of a city official and may be considered at any time during the year. c. Applications for rezoning (Miami 21 Atlas amendment). 1. Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) street. Applications for rezoning may be made by: (a) The City Commission; (b) The Planning, Zoning and Appeals Board; (c) Any other department, board or agency of the City; (d) Any person or entity other than those listed in (a) through (c), above, provided that only the owner(s) or their agent(s) may apply for the rezoning of property. 2. Applications for rezoning made pursuant to (d) above shall be made on an application form as provided by the City which shall require, at a minimum, the following information: (a) Location of the property, including address and legal description (b) Survey of the property prepared by a State of Florida registered land surveyorwithin six (6) months from the date of the application, including acreage. (c) Affidavit and disclosure of ownership of all owners and contract purchasers of the property, including recorded warranty deed and tax forms of the most current year. For corpora- tions and partnerships, include articles of incorporation, certificate of good standing, and authority of the person signing the application. Non-profit organizations shall list members of the Board of Directors for the past year. (d) Certified list of owners of real estate within five hundred (500) feet of the subject property. (e) Present zoning of the property and Future Land Use designation of the property. (f) At least two photographs that show the entire property. (g) An analysis of the properties within a one-half mile radius of the subject property regarding the existing condition of the radius properties and the current zoning and Future Land Use designations of the radius properties. The analysis shall include photos of Building eleva- tions of both sides of the street extending three hundred (300) feet beyond all boundaries EXHIBIT "F" VII.29 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS AC OPTED - MAY 2014 of the site. An aerial photo of the site and the radius properties shall be included. The analysis shall explain why the zoning change is appropriate and why the existing zoning is inappropriate, in light of the intent of the Miami 21 Code and particularly in relation to effects on adjoining properties. d. Review of application for code amendments by Planning Director. 1. The Planning Director shall review each application for a code amendment and provide a recommendation and a statement in regard to how each of the criteria of this Code is met or not met. In the case of rezonings, the Director shall additionally review the application in regard to whether the land Use densities and intensities are compatible with and further the objectives, policies and land Uses in the Comprehensive Plan, and whether the criteria in 7.1.2.8.f are met. 2. A non -City applicant for rezoning shall obtain a Zoning Referral by the Zoning Administrator, and meet with the Planning Director and Zoning Administrator in a preapplication meeting prior to the applicant's submission of a preliminary application for rezoning. The Director shail review each preliminary application for rezoning for completeness. The Planning Director shall certify the preliminary application and his accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board. The applicant shall be responsible for filing the application with the Office of Hearing Boards. Upon filing with the Office of Hearing Boards, the application shall be placed on the agenda of the Planning, Zoning and Appeals Board. e. Review by the Planning, Zoning and Appeals Board. 1. Notice Formal public notice of hearing by the Planning, Zoning and Appeals Board of an application for a code amendment shall be issued in the following manner: The City shall notify all owners of property within 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the rezoning hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent.- For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and the official representatives of such registered associations, by certified mail, of the re- zoning application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. Notice of text amendments shall be as provided by Chapter 62 of the City Code and state law. VII.sa MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2014 The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code. 2. Review, findings and recommendation. (a) The Planning, Zoning and Appeals Board shall give full consideration to the Director's recommendations, and shall evaluate whether an application for a code amendment should be granted, granted with modifications or denied. (b) The Board shall conduct a hearing on text amendments and make its recommendations based on whether the criteria in this section are met. (c) The Planning, Zoning and Appeals Board shall conduct a quasi-judicial public hearing on rezoning applications, and make its recommendations based on whether the criteria in this section are met. f. Criteria. g. The recommendations of the Planning, Zoning and Appeals Board shall show that the board has considered and studied the application in regard to the following criteria: 1. For all amendments: (a) The relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations. (b) The need and justification for the proposed change, including changed or changing con- ditions that make the passage of the proposed change necessary. 2. For rezonings: A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. 3. For Special Area Plan rezonings: Special Area Plans shall be adopted by rezoning pursuant to the provisions of Section 3,9. City Commission action on Planning, Zoning and Appeals Board recommendations. 1. Notice and hearings. VI1,31 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2014 Upon receipt of the findings and recommendations regarding code amendments by the Planning, Zoning and Appeals Board, the City Commission shall hold at least two advertised public hearings on the proposed code amendments. Notice shall be given as follows: The City shall notify all owners of property within five hundred (500) feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the rezoning hearing by the City Commission at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and the official representatives of such registered associations, by certified mail, of the re- zoning application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. Notice of text amendments shall be as provided by Chapter 62 of the City Code and state law. The City shall certify at the time of the hearing that notice as herein required was given to the persons as named and with the addresses shown on the certification. The applicant shall pay for the costs of the mailings. Posting of the property which is the subject of the hearing and newspaper notice shall be required as provided in Chapter 62 of the City Code and by state statute. 2. Adoption. In the case of all proposed Miami 21 text or Miami 21 Atlas amendments, if the recommen- dation of the Planning, Zoning and Appeals Board is adverse to the proposal, such rezoning shall not be adopted except by the vote of at least three members of the City Commission. The City Commission may, by a vote of not less than three (3) members, approve the rezon- ing of property to a Transect Zone of less Intensity than that applied for in situations where, in the opinion of the commission and upon the recommendation of the Planning Director, the specific rezoning applied for would work to the detriment of the health, safety or welfare of the surrounding Neighborhood, whereas a rezoning to a Transect Zone of less Intensity would not. In no event shall a rezoning be issued prior to thirty (30) days from the time the notice of the application is provided to the NET office. The decision of the City Commission shall include an explanation of the code requirements for an appeal of the decision and shall be provided to the NET office and posted on the City's website. The City Commission shall include a citation to the legal authority for any denial of a rezoning. 3. Failure of City Commission to act. VI1.32 AS ADOPTED - MAY 2014 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES If a recommendation of the Planning, Zoning and Appeals Board is not legislatively decided within twelve (12) months from first reading by the City Commission, the application upon which the report and recommendation are based shall be deemed to have been denied. However, for amendment to the Comprehensive Plan and its corresponding Miami 21 Atlas amendment, the time period will be extended an additional twelve (12) months. In both in- stances, the provisions of sections 62-54 and 62-55 of the City Code will not apply unless otherwise required by the City Commission. No day of the month of August shall be counted in the administration of this section. 4, Limitation on further consideration after denial. Whenever the City Commission has denied an application for the rezoning of property, the Planning, Zoning and Appeals Board shall not thereafter: (a) Consider any further application for the same rezoning of any part or all of the same property for a period of eighteen months from the date of such action; (b) Consider an application for any other kind of rezoning on any part or all of the same property for period of twelve months from the date of such action; or (c) Consider an application for rezoning that involves the same owner's property within two hundred (200) feet of property granted a change within a period of twelve (12) months. 5. Limitation on further consideration after rezoning. Whenever the City Commission has rezoned property, the Planning, Zoning and Appeals Board shall not thereafter consider any petition for rezoning of all or any part of the same property for a period of eighteen (18) months from the date of such action. 6. Limitation on further consideration after voluntary withdrawal of application. Whenever an applicant has voluntarily withdrawn an application for rezoning of property during either first or second reading before the City Commission, the Planning, Zoning and Appeals Board shall not thereafter consider an application for the same property for eighteen (18) months from the date of such action, nor consider an application for any kind of rezoning of any part or all of the same property for twelve (12) months from the date of such action. 7. Waiver of time limits. The time limits set forth in this subsection g, may be waived by a vote of at least three (3) members of the City Commission when such action is deemed necessary to prevent injustice or to facilitate development of the city in the context of the adopted Comprehensive Plan, or any portion thereof. 7.1.2.9 Sign Permits a. Application. Except for classes of signs exempted from permit requirements as specified in Article 10, all signs shall require permits. Applications for such permits shall be made, on forms provided by the city, and in addition shall provide at a minimum the following information: VII.33 MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2014 1. A drawing to scale showing the design of the Sign, including the dimensions, Sign size, method of attachment, source of illumination, and showing the relationship to any Building or Structure to which it is, or is proposed to be, installed or placed, or to which it relates; 2. Afully dimensional Lot plan, drawn to scale, indicating the location of the Sign relative to Prop- erty Line, right-of-way, streets, sidewalks, and other Buildings or Structures on the premises; 3. Number, size and location of all existing signs upon the same Building, Lot or premises, if applicable; and 4. Any other information required, if any, by the Florida Building Code. b. Permit identification required to be on Sign. Any Sign requiring a permit or permits shall be clearly marked with the permit number or numbers and the name of the person or firm responsible for placement of the Sign on the premises. c. Approval of sign permit. A sign permit may be approved by the Zoning Administrator if the re- quirements and criteria set forth in this Code have been met; all other necessary approvals, if any, have been obtained; and all required fees have been paid. d. Transferability of sign permit. Permits, permit numbers or permit applications and attachments shall not be transferable to other sites. They are valid only for a specific Sign Structure at the specifically designated location subject to change of copy limitations in Article 10. If at any time a Sign Structure is altered, removed or relocated in a manner different from the terms of the sign permit, the sign permit will become void, unless otherwise provided in this code. 7.1.3 Application and Review Process Generally, the application and review process for By Right permits, Warrants and Waivers, Excep- tions, Variances and rezonings are as illustrated in Article 7, Diagram 14. 7.1.3.1 Informal Consultation Prior to submitting any application for a permit under this Code, the prospective applicant may informally consult with the Zoning Administrator and the Planning Director to obtain information and guidance concerning the proposed application, the general application requirements and the plan review process. The prospective applicant for plan review under section 7.1.3.2 may request informal consultation regarding the proposed plan prior to the required pre -application process. No statement made or information exchanged during the informal consultation shall be binding on the city or the applicant. 7.1.3.2 Generally a. The Zoning Office shall direct an applicant for a permit under this Code to the appropriate office for the review of the permit application by issuing a Zoning Referral. Preapplication package forms for specific permits shall be provided by the city administration to assist the applicant in the review and approval process. For all applications, the following information shall be required 1. Names and addresses of the record owners, the applicant, and the person preparing the application, and the signatures of each. Statement of ownership or control of the property, executed and sworn to by the owner or owners of one hundred percent (100%) of the property VII.34 Exhibit F Net Lot Area 54,289 sq. ft. or 1.25 acres 54,289 sq. ft. or 1.25 acres Lot Area 1,200-40,000 sq. ft. 54,289 sq. ft.1 5,000-40,000 sq. ft. Open Space 1.0% = 5,429 sq. ft. 10% = 5,429 sq. ft. Lot Coverage 80% = 43,431 sq. ft. 80% = 43,431 sq. ft. FLR (Lot Area x 80%) x 5 stories = (43,431 x5) = 190,010 sq. ft. 138,240 sq. ft. 5 x Net Lot Area FLR = (54,289 sq. ft. x 5) = 271,445 sq. ft. Density 65 du/acre = 81 residential units, 162 203 lodging units 150 du/acre = 1.88 residential units, 376 lodging units Setbacks Principal front = 10 ft. min. Principal front = 10 ft. Secondary front= 43 ft. Side = 70 ft. Rear = 8 ft. Principal front = 10 ft. min. Secondary front = 10 ft. min. Side = 0 ft. min. Rear = 0 ft. min Secondary front = 10 ft. min. Side = 0 ft. min. Rear = 0 ft. min. Height 2 min., 5 max. 2 min., 8 max, 4 bonus ' Please see the attached deeds showing the Hotel Property parcels were continuous lots under one owner as of the effective date of Miami 21, allowing development as one lot in excess of the maximum lot size, pursuant to Miami 21 Section 3.3.1. 12 Exhibit F a R0)-pxo7,u;(xll 1r ia Net Lot Arca 54,289 sq. ft. or 1.25 54,289 sq. ft. or 1.25 acres Lot Area 1,200-40,000 sq. ft. 54,289 sq, ft.l 5,000-40,000 sq. ft. Open Space 10% = 5,429 sq. ft. 10% = 5,429 sq. ft. Lot Coverage 80% = 43,431 sq. ft. 80% = 43,431 sq. ft. FLR (Lot Area x 80%) x 5 stories = (43,431 x5) = 138,240 sq. ft. 5 x Net Lot Area FLR = (54,289 sq. ft. x 5) = 271,445 sq. ft. Density 65 du/acre = 81 residential units, 162 203 lodging units 150 du/acre = 188 residential units, 376 lodging units Setbacks Principal front = 10 ft. min. Secondary front = 10 ft. min. Side = 0 ft. min. Rear = 0 ft. min Principal front = 10 ft. Secondary front= 43 ft. Side = 70 ft. Rear = 8 ft. Principal front = 10 ft. min. Secondary front = 10 ft. min. Side = 0 ft. min. Rear = 0 ft. min. Height 2 min., 5 max. 2 min., 8 max, 4 bonus ' Please see the attached deeds showing the Hotel Property parcels were continuous lots under one owner as of the effective date of Miami 21, allowing development as one lot in excess of the maximum lot size, pursuant to Miami 21 Section 3.3.1. 12 MIA 184618565v2 GREENBERG TRAURIG, P.A, m ATTORNEYS AT LAW ® WWW.GTLAWCOM PARKING PROPERTY INFORMATION According to the enclosed survey prepared by Nova Surveyors, dated May 23, 2015, the Parking Property is approximately 20,174 square feet or 0.46 acres in net lot area and consists of vacant land. The Applicant seeks to develop the Parking Property for accessory parking to support the proposed eight -story hotel structure to be located at the Hotel Property. The Parking Property abuts the Hotel Property to the North, a residential structure to the East, a multifamily structure to the West, and vacant land and residences to the South. ANALYSIS OF REQUEST FOR REZONING Per Miami 21, the current zoning for the Hotel Property is T5-L. The Applicant requests to rezone the Hotel Property from T5-L to T6-8-L pursuant to the successional zoning requirements of Section 7.1.2.8 of Miami 21. Per Miami 21, the current zoning for the Parking Property is T4-R. The Applicant requests to rezone the Parking Property from T4-R to T5-L pursuant to the successional zoning requirements of Section 7.1.2.8 of Miami 21. Section 7.1.2.8(c)(1) of Miami 21 permits the rezoning of property where the property involved is greater than forty thousand (40,000) square feet of land area. Please see Image 1 below. The proposed hotel structure will be limited to the Hotel Property and the Parking Property will be limited to accessory parking under the rezoned T5-O Transect Zone. For the reasons outlined below, we believe the proposed rezoning is appropriate for the Hotel Property and Parking Property and should be approved. MIA 184698565v2 2 GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • WWW,GTLAW.COM An analysis of the Hotel Property and the Burger King Property shows that the existing condition of the surrounding properties supports the rezoning to T6-8-O The Applicant proposes an eight -story hotel structure at the Hotel Property. Please note that hotel uses are currently permitted by right on the Hotel Property under the T5-L regulations. The Applicant proposes a unified site consisting of a hotel building at the Hotel Property fronting NW 36t Street and accessory surface parking on the Parking Property to support said hotel use, see Images 2 and 3 below. The proposed T6-8-L transect designation, would allow hotel use by right and a maximum of eight (8) stories by Right. See Images 2 and 3 below depicting the Hotel Property in red. Image 2 Image 3 MIA 184618565v2 3 GREENBERG TRAURIG, RA. ® ATTORNEYS Al LAW ■ WWW,GTLAW,COM NW 7th Avenue is classified as a Minor Arterial Roadway per Map TR-2 of the City's Comprehensive Neighborhood. Master Plan, attached hereto as Exhibit "B." NW 7th Avenue is a major thoroughfare consisting of mainly commercial and retail uses including accessory surface parking facilities. The Hotel Property is 250 feet from the intersection of NW 7th Avenue and NW 36 Street (also known as US-27). NW 36th Street is a Major Thoroughfare which connects from Biscayne Bay on the East to the Florida Turnpike on the West. Over its thirteen (13) miles, NW 36th Street traverses the entire City of Miami city limit, the City of Virginia Gardens, and Doral (NW 36th Street becomes NW 41st Street in Doral). This analysis considers the immediate surrounding properties and area including those sites that front onto NW 36 Street in the same manner as which the Hotel Property would. For example, please see the following sites as located within the immediate area of the Hotel Property and their current uses: • The property located at 730 NW 36 Street, the Burger King Property, abutting the Hotel Property on the East, consists of a fast food restaurant, with parking facilities located at the front of the site, with a drive through in the rear. The Burger King Property is a part of this application and its use supports the rezoning to T6-8-O. Image 4 Image 5 • The property located at 3600 NW 7 Avenue, located approximately 35 feet from the Hotel Property, consists of a City of Miami park containing the Moore Park-Ashe- Bucholz Tennis Center. The park also contains City of Miami Fire Station No. 6. 4 MIA 184618565v2 GREENBERG TRAURIG, P.A. e ATTORNEYS AT LAW e WWW.GTLAW.COM • The property located at 500 NW 36 St, located approximately 1100 feet from the Hotel Property, to the East, contains an affordable housing use with thirteen (13) floors and is zoned T6-8-0. This property abuts a T4-R Transect Zone and a multi -story onsite parking garage. As depicted above, the Hotel Property abuts and is surrounded by multi story commercial and retail uses with surface parking facilities located at the sites. Additionally, these properties contain access points not only from NW 7 Avenue but also through residential side streets. The various commercial sites located in the immediate areas surrounding the Property front NW 36 Street and NW 7 Avenue with surface parking lots that abut residential neighborhoods, and are similarly situated to the Hotel Property. As further detailed below, the Applicant proffers that the development of the proposed accessory parking lot at the Parking Property will be limited by access via the Hotel Property and will provide further protections to the abutting residences through landscaping buffering and other requirements. The proposed rezoning to permit accessory parking to support lodging use is consistent with the abutting properties in the immediate area. 2. An analysis of the Parking Property shows that the existing condition of the surrounding properties supports the rezoning to T5-L. The Applicant proposes an accessory parking lot at the Parking Property to support the hotel use at the Hotel Property. The proposed T5-L transect designation, would allow accessory surface parking at the Parking Property to support said hotel use. See Images 2 and 3 above depicting the Parking Property in yellow. As depicted in the images above, accessory surface parking to support a commercial use is common in the area. For the fast food establishment abutting the Hotel Property, an onsite parking lot is provided, and depicted in Images 4 and 5. Images 8 and 9 depict the multi -story accessory parking garage abutting multi -family duplex structures. • The properties located 767 and 773 NW 35th Street abut the Parking Property to the West and contain multi -story, multi -family residences. 5 MIA 184618565v2 GREENBERG TRAURIG, P.A. e ATTORNEYS AT LAW a WWW.G LAW.COM • The Adjacent Properties, located at 739 and 749 NW 35 Street, are under common ownership with the Hotel Property and Parking Property, and their use is not diminished or harmed by the rezoning of the property to the T5-L transect zone. • The properties located at 543 and 553 NW 35 Street abut a 13 story affordable housing residential use and a T6-8-O Transect Zone, and these properties contain multi -story, multi- family residential uses. These properties front the same street as the Parking Property. Y Image 1 MIA 184618565v2 6 GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW ■ WWW,GTLAW.COM As depicted above, the Parking Property is currently in an area which has become increasingly commercial in nature as the street traffic continues to rise to accommodate the rapid growth of the surrounding areas. Additionally, there is precedent in the area for hotel uses and accessory parking to abut multi -family residences in the area, as this area becomes less suited for residential uses and evolves into a commercial corridor as the gateway to Midtown and the Design District. 3. The zoning change request for the Hotel Property is only to the next intensity Transect Zone and maintains the goals of Miami 21. The proposed rezoning to the next intensity Transect Zone is being requested in order to accommodate the hotel at the Hotel Property. The development of the NW 36 Street corridor has outgrown the current Transect Zone and warrants a higher intensity than that which is currently designated. Abutting the Hotel Property's present T5-L zoning is a D1 Transect Zone on the West and a D2 Transect Zone on the East, with a T6-8-O Transect Zone abutting the D2 Transect Zone across Interstate 95. The thirteen (13) story affordable housing complex in the nearby T6-8-O contains more height than the proposed Hotel Property plans along with a multi -story parking facility which abuts a T4-L Transect Zone and duplex residences. The City's growth and evolution over time have inevitably required changes to this Transect Zone. With the rapid expansion and development of both Midtown and the Design District, NW 36 Street serves as the gateway to both areas. This growth as a gateway to Midtown and the Design District is reflected in the traffic counts (provided by KSS Fuels, via Google Earth) showing that the average annual daily traffic count of 15,900 cars in 2005 increased to an average annual daily traffic count of 22,132 cars in 2012 (the last year for which data is available). This represents a daily traffic count increase of nearly 40% from 2005 through 2012. The rapid growth of the surrounding area supports and demands the zoning change to a higher intensity. The area abutting NW 36 Street is no longer suited for residential uses and is better suited for a lodging use to revitalize the area and create jobs. Images 14 and 15 below show the surrounding area from the Hotel Property. The NW 36 Street corridor is zoned at a higher intensity than the Hotel Property, showing that the character of the area has already been changed by other actions of the City, to promote the commercial transformation along this street. 7 MIA 184618565v2 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM Image 14 it lil I IL -Tin fiij��7i it�Jkl� i7i� rrr-i 711111111n f iartyL111! 12 Stories 10 Stories 12 Stories 11111i1I 10 Stories LEI I?'(�'lj j7I 12 Stories 20 Stories 48 Stories 30-33 Stories 60 Stories I Lill ,.' 11_[.11 4. The zoning change request for the Parking Property is only to the next intensity Transect Zone and maintains the goals of Miami 21 The proposed rezoning to the next intensity transect zone is being requested in order to accommodate the hotel use at the Hotel Property and the accessory parking for the hotel use at the Parking property. Accessory parking supporting the hotel use is permitted at the Parking Property under the proposed T5-L transect zone regulations and pursuant to the zoning interpretation, dated February 16, 2012, as issued by the City of Miami's Zoning Administrator and attached hereto to as Exhibit "C" (the "Zoning Interpretation"). Pursuant to the Zoning Administrator's interpretation, accessory parking is incidental and subordinate to the principal use. The Zoning Interpretation finds that accessory or incidental parking is permitted if the transect zone allows that specific use which will be supported by the proposed accessory parking. However, the principal use must also comply with the requirements of the particular Transect Zone. In this case, the Applicant proposes accessory parking at the Parking Property to support hotel uses at the Hotel Property pursuant to a unified development. Per Article 4, Table 3 of Miami 21, the T6-8 transect zone permits the proposed hotel use at the Hotel Property. In addition, Article 4, Table 3 of Miami 21 allows hotel uses at the T5-L Transect Zone. Pursuant to 8 MIA 184618565v2 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM the Zoning Interpretation and the Use Chart of Miami 21, the proposed accessory parking at the Parking Property, which is incidental and subordinate to the hotel structures on the Hotel Property, comply with the T5-L transect zone regulations, as hotel use is permitted as of right in the T5-L transect zone. Section 3.6.3 (b) of Miami 21 prohibits vehicular access through residential properties for nonresidential uses. As such, vehicular access to the proposed parking area on the Property will be exclusively through the Hotel Property, thereby reducing any vehicular access through the neighboring residential neighborhood and minimizing any potential impact to the near -by residential properties. Article 9 of Miami 21 requires submission of a landscaping plan for approval by the City for any new parking areas. Specifically, Section 9.7 of Miami 21 requires the provision of a landscaping buffer between dissimilar land uses. As such, the proposed surface parking area at the Property must incorporate specific and enhanced landscaping buffering at the rear property line to reduce any impact to the single family homes located to the rear of the Property. Accordingly, the restriction of vehicular access to the proposed retail development and parking areas through the Hotel Property, and coupled with the landscaping buffering requirements of Article 9 of Miami 21, will serve to mitigate any potential impacts to the multifamily residences located to the East and West of the Parking Property. 5. Comprehensive Plan Amendment The City's Future Land Use Map designates the Property as Medium Density Multi Family Residential ("MDMFR"). The Applicant now proposes and hereby submits the enclosed Application for an amendment to the City's Future Land Use Map of the City's Comprehensive Neighborhood Plan ("Comprehensive Plan") from "MDMFR" to Medium Density Restricted Commercial ("MDRC"). The MDRC designation permits commercial uses including uses that "generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways" including general retail, restaurants, cafes and transitional residential facilities such as hotels and motels. Accordingly, the Applicant's proposed accessory parking at the Parking Property to support hotel uses is permitted under the MDRC designation of the City's Comprehensive Plan. The abutting properties to the North are designated Medium Density Restricted Commercial as depicted in Image 4 below. Accordingly, the Comprehensive Plan change to MDCR is consistent with the land use designations in the immediate surrounding areas. 9 MIA 184618565v2 GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW,COM The change in the City's Comprehensive Plan from MDMFR to MDRC accomplishes the Objective LU-1.2, which is to promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining, or threatened commercial areas. The NW 36 Street corridor is lacking in hotel uses to accommodate the rapidly growing neighboring area. The Comprehensive Plan change will permit accessory parking at the Parking Property to accommodate the Hotel Property, which is a much needed private redevelopment initiative to serve this area. 6. Covenant Proposed by the Applicant will Ensure the Height of the Hotel Property does not exceed Eight (8) Stories The Applicant will proffer a restrictive covenant to run with the land that will restrict the Hotel Property to a height of eight (8) stories, attached hereto as Exhibit "D". As such, the Hotel Property shall be restricted from the development of additional height, intensity, and density. This covenant will serve to further protect the surrounding residential uses. 7. Covenant Proposed by the Applicant will Ensure the use of the Parking Property remains Accessory Parking for the Hotel Property Lastly, the Applicant will include in the above restrictive covenant to run with the land restrictions that will tie the Parking Property to the approved development and restrict the use of the Parking Property to the proposed accessory parking to support hotel uses at the Hotel Property. As such, the Parking Property shall be restricted from the development of additional height, intensity, and density. This covenant will serve to further protect the surrounding residential uses. Access to the Parking Property will be through the Hotel Property, so as to limit the impact on the surrounding residential uses. 10 MIA 184618565v2 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAW,COM 8. Conclusion In light of the foregoing, the proposed development of a hotel at the Hotel Property, pursuant to the rezoning Application to T6-8-O is appropriate due to the location of the site in a commercial area, is in scale with the surrounding areas, is not contrary to the established land use pattern in the area, and is compatible with the surrounding uses because NW 36 Street is a major Thoroughfare consisting of mainly commercial and retail uses with accessory parking facilities located at the rear. In light of the foregoing, the proposed accessory parking use at the Parking Property, pursuant to the rezoning Application to T5-L and the Comprehensive Plan amendment to MDRC, is appropriate due to the location of the site in a commercial area, is in scale with the surrounding areas, is not contrary to the established land use pattern in the area, and is compatible with the surrounding uses because NW 36 Street is a major thoroughfare consisting of mainly commercial and retail uses with accessory parking facilities located at the rear. Furthermore, any potential impacts to residential properties in the area posed by the proposed accessory parking will be mitigated by the regulations governing and restricting vehicular access, landscaping and other requirements of Miami 21. A voluntary covenant to be proffered by the Applicant will further protect surrounding residential properties by restricting future development of the Parking Property to the proposed accessory parking use. Pursuant to Article 7.1.2.8(c) (2) (g) of Miami 21, attached hereto as Exhibit "E", please find an analysis of the general planning principles and goals and objectives of the City's Comprehensive Plan finding that the proposed Comprehensive Plan Amendment and Rezoning of the Property are in conformity with the Comprehensive Plan, the established land use pattern for the adjacent properties in the area, and in scale with the needs of the neighborhood. Specifically, the attached analysis supports the Applicant's proposed Comprehensive Plan amendment and Rezoning as consistent with Miami 21's intent and the zoning and comprehensive plan designations for the adjoining properties and neighborhood. Enclosed please find the Comprehensive Plan Amendment Application, the Rezoning Application, a check payable to the City for the associated filing fees for the Applications, and a survey of the Property in connection with this subrnittal. A table of the development regulations under the current T5-L Transect Zone, the proposed T6-8-L Transect Zone, and the proposed plan is attached as Exhibit "F". If you require any additional information or would like to discuss further this request, please contact me at 305-579-0737. Thank you for your attention to and favorable consideration of this matter. cc: Enclosures 11 MIA 184616565v2 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW • WWW.GTLAW.COM July 16, 2015 Review Date 305-579-0737 Contact Information Rezoning for 755, 761 and 765 NW 35 Street and T5-L for proerpties at 742, 750, 756, 762, 768, 774, 780 and 786 NW 36 Street Project Name and Address des s es ❑Ys VS'es s ❑ Yes ❑ Yes Y ��y�ees 'Yes ❑''Yes MOMEWAMMA.MMX,M*VMM. MUM ❑ No ❑ N/A Analysispursuant to M21 Article 7.1.2.8, c.2 (g) ❑ No ❑ N/A One original survey dated within six months of application, with building baseline established by the Department of Public Works Two (2) 11x17" and one (1) 8Yx11" copies of the survey Current Zoning Referral Pre -application meeting comments One (1) copy of Recorded Deed (legal description on Deed must match legal description on survey) ❑ No ❑ N/A "Exhibit A", legal description must match survey and Deed No ❑ N/A Current photos, two (2) minimum, showing the entire property No ❑ N/A Covenant running with the land ❑No ❑N/A CI No ❑ N/A ❑No ❑N/A ❑ No N/A ❑ No ❑ N/A � *. Proof of Lobbyist Registration �������I��..�� ❑ No ❑ N/A Affidavit of Authority to Act ❑ No ❑ N/A Disclosure of Ownership of all owners ❑ No Disclosure of all contract purchasers ❑ No ❑ N/A Certificate of Status from Tallahassee dated within 1 year of application for Profit and Non-profit owners and contract purchasers LI No ❑ N/A Corporate Res, or Power of Atty. from all owners or Board of Directors ❑ No ► N/A Corp. Res. or Power of Atty. from all contract purchasers ❑ No m N/A Non -profits: List of Board of Directors (owners) ❑ No /A Non -profits: List of Board of Directors (contract purchasers) ❑ No ❑ N/A Certified list of adjacent owners within 500 feet ❑ No ❑ N/A Disclosure of Agreement to Support or Withh Id O ection No ❑ N/A Public School Concurrency No - Yes ❑ No ❑ N/A Code Enforcement violation(s) C]tl'es ❑ No ❑ N/A All property addresses subject to this request listed V`Yes ❑ No ❑ N/A All questions answered CI Yes ❑ No ❑ N/A Paid receipt 1, Iris Escarra, Esquire, authorize any refund to be issued to Richard Meruelo, 5727 Pine Tree Drive, Miami Beach, Florida 33140 (Name and Complete Address). *If any information/documentation required above is missing, application is not accepted and all documents are returned to the applicant. *If all required information/documentation is presented, date stamp and initial the application. Rev, 07-2013 MIA 184502787v1 7