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Home My WebLink AboutPZAB 02-17-16 Analysis, Maps & ApplicationPZAB.1 File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 09-008631u1 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 ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3801 BISCAYNE BOULEVARD ("MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" PORTION ONLY) AND 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 3801 Biscayne Boulevard and 455 NE 38th Street [Commissioner Ken Russell - District 2] Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and 3801 Biscayne Corp. 200 S Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 This will change the above properties from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial". Recommended approval. See supporting documentation. Planning, Zoning and Appeals Board: Continued from January 20, 2016 to February 17, 2016. ANALYSIS FOR Future Land Use Map Change PROJECT ADDRESS: 3801 Biscayne Boulevard and 455 NE 38 Street FILE ID: 09-008631u APPLICANT: Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. COMMISSION DISTRICT: District 2 NET OFFICE: Upper Eastside FUTURE LAND USE DESIGNATION: Medium Density Multifamily Residential REQUEST The proposal is for a change to the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan designation of two (2) properties. The applicant has proposed for these properties to change from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial." A complete legal description of the properties is on file at the Hearing Boards Office. FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU-1.6.1 established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map," Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community -based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within Medium Density Multifamily Residential areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required -levels of --=- service for such uses, places of worship, primary and secondary schools, and accessory post- secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). Medium Density Restricted Commercial: Areas designated as "Medium Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Medium Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities 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, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as "Medium Density Restricted Commercial" allow a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. DISCUSSION The applicant's assemblage consists of two (2) parcels totaling approximately 1.36 acres. The larger of the two parcels is currently split between two FLUM designations, the western half fronting Biscayne Boulevard is designated General Commercial and the eastern half of this parcel is designated Medium Density Multifamily Residential, the smaller parcel is also designated Medium Density Multifamily Residential. This FLUM amendment application only applies to the portion of these properties designated Medium Density Multifamily Residential, hereafter referred to as the "subject site". The subject site is approximately .75 acres, and located on a block bounded by Biscayne Boulevard on the west, NE 38th Street on the south, NE 5th Avenue on the east, and NE 39th Street on the north. The applicant is proposing a mixed -use, though largely residential project for the subject site. File Id. 09, 0086.3LU Page 2 of 5 EXISTING NEIGHBORHOOD CHARACTERISTICS: FUTURE LAND USE DESIGNATION Subject Properties: Medium Density Multifamily Residential Maximum of 65 D.U. per acre Surrounding Properties NORTH: Medium Density Multifamily Residential Maximum of 65 D.U. per acre SOUTH: Medium Density Multifamily Residential Maximum of 65 D.U. per acre EAST: Medium Density Multifamily Residential Maximum of 65 D.U. per acre WEST: General Commercial Maximum of 150 D.U. per acre ANALYSIS ZONING Subject Properties: T4-R; General Urban Transect Zone Restricted Maximum of 36 D.U. per acre Surrounding Properties NORTH: T4-R; General Urban Transect Zone Restricted Maximum of 36 D.U. per acre SOUTH: T5-R; Urban Center Transect Zone Restricted Maximum of 65 D.U. per acre EAST: T4-R; General Urban Transect Zone Restricted Maximum of 36 D.U. per acre WEST: T6-12-L; Urban Core Transect Zone Limited Maximum of 150 D.U. per acre • The portion of the large parcel designated "General Commercial" (not a part of this application) is currently developed with a three story medical office building, the other portion of this parcel designated "Medium Density Multifamily Residential" (a part of this application) is currently developed as a surface parking lot. The other parcel that is a part of this application is entirely designated "Medium Density Multifamily Residential" and is currently developed with a two-story multifamily structure. • The MCNP "Interpretation of the 2020 Future Land Use Map" section indicates that the proposed "Medium Density Restricted Commercial" future land use designation allows residential uses to a maximum density of 65 dwelling units per acre. File Id. 09-00863LU Page 3 of 5 • Policy -LU-1-.1.1-Development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the Capital Improvements Element, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami -Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(i), F.S.The proposed future land use map designation will result in no net gain of dwelling units per acre on the subject site. As such, this application as presented satisfies all required concurrencies. • Land Use Policy LU-1.1.7 provides that land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. The proposed future land use map change will introduce limited commercial activities into an established neighborhood, along a high traffic volume road. • Land Use Policy LU-1.1.11: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami Dade County's designation of an Urban lnfill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. The proposed future land use map change will facilitate the redevelopment of a surface parking lot, which represents underutilized land. Additionally, it will facilitate supportive commercial activities and residential development in close proximity to the Miami. Design District, a well -established activity center. • Land Use Policy LU-1.3.5: The City will continue to promote through its land development regulations, the creation of high intensity activity centers which may be characterized by mixed -use and specialty center development. Such activity centers will be in accordance with the Comprehensive Neighborhood Plan and neighborhood design and development standards adopted as a result of amendments to the City's land development regulations and other initiatives. The proposed future land use map change will facilitate the development of a mixed -use project with limited commercial activity in the vicinity of the Miami Design District, enhancing the character of the adjacent high intensity activity center. File Id. 09-00863LU Page 4 of 5 • Policy LU-1,3,15: The City will continue to encourage a development- pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. This future land use map change will introduce minimal new commercial uses to an area abutting a high traffic volume road. • Land Use Policy LU-1.4.3: The City will continue to promote an active pedestrian sidewalk environment along the ground floor frontage of buildings on "pedestrian streets" through. land development regulations. This future land use map amendment will facilitate the development of a mixed -use building, with ground level commercial or office space, activating the pedestrian realm of a neighborhood without any existing ground level commercial. • The proposed companion change of zoning for the subject site is from T4-R to T5-O. However, staff is recommending the zoning designation of the subject site be changed to T4-R to T5-L. This brings the zoning designation more in line with the intention of providing limited new commercial opportunities through the proposed future land use map designation. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, the Planning & Zoning Department recommends approval of the proposed future land use amendment as presented. Christopher Brimo Chief of Land Development J, Eisenberg File Id. 09-00863LU Page 5 of 5 Proposal No 09-008631u1 Date: 09/18/13 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant Ben Fernandez, Esq., on behalf of 3801 Biscayne Ltd. & 3801 Biscayne Corp. Address: 3801 Biscayne Blvd & 455 NE 38 St Boundary Streets: North: NE 39 ST East: NE 5 AV South: NE 38 ST West: Biscayne Blvd Proposed Change: From: Medium Density Multifamily Residential To: Medium Density Restricted Commercial Existing Designation, Maximum Land Use Intensity Residential 0.7900 acres @ 65 DU/acre 51 DU's Peak Hour Person -Trip Generation, Residential 33 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other Proposed Designation, Maximum Land Use Intensity Residential 0.7900 acres @ 65 DU/acre 51 DU's Peak Hour Person -Trip Generation, Residential 33 Other sq.ft. @ FAR 0 sq.ft. Peak Hour Person -Trip Generation, Other 0 Net Increment With Proposed Change: Population 0 Dwelling Units 0 Peak Hour Person -Trips 0 Planning District Upper Eastside County Wastewater Collection Zone 308 Drainage Subcatchment Basin E3 Solid Waste Collection Route 103 Transportation Corridor Name Biscayne Blvd RECREATION AND OPEN SPACE Population Increment, Residents 0 Park within 10 Minute Barrier -free Walk Yes % Population Outside of Barrier Free Walk A N/A Excess Capacity After Change N/A Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 0 Transmission Requirement, gpd 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASD Permit Required SANITARY SEWER TRANSMISSION Population Increment, Residents 0 Transmission Requirement, gpd 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASD Permit Required STORM SEWER CAPACITY Exfiltration System Before Change On -site Exfiltration System After Change On -site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 0 Solid Waste Generation, tons/year 0 Excess Capacity Before Change 800 Excess Capacity After Change 800 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 (See attachment 1) Land Use Objective LU-1.1 Land Use Policy 1.1.1 Capital Improvements Goal CI-1 Capital Improvements Objective CI-1.2 Capital Improvements Policy 1.2.3 a - g TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change E LOS After Change E Concurrency Checkoff OK NOTES: 1. Permit for sanitary sewer connection must be issued by Miami Dade Water and Sewer Authority Department (WASD). Excess capacity, if any, is currently not known. Medium Density Resficted Commercial. Allow residential uses (except rescue missions) to a maximum density ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. equivalent to "Medium Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels,general office use; clinics and laboratories commercial activities 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 which include: general retailing, personal and professional services, real estate, banking, restaurants, saloons and cafes, general entertainment facilities, private clubas and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature of those uses described above, auditoriums, libraries, convention facilities, places ofworkship, and primary and secondary schools. .This category also includes commercial marinas and living quarters on vessels as permissible. Allow max heiah 7 stories (height uo to 25 ft for the around floor and uo to 14 ft for each additional floor cnn 1 IN 01/11/Q0 FUTURE LAND USE MAP (EXISTING) Major Inst, Public Facilities, Transp And 0 Single Fami y - Residential alter Flanders House NE 39TH ST J Commercial edium Density coMultifamily w U Residential Lu z NE 38TH ST I 0 Medium Density LMultifamily /-_ Residential NE'37TH ST NE 36TH'ST Edgewate 150 300 NE 37TH S JULIA TUTTLE CSWY Restricted Commercial 600 Feet NE to w z Public Parks & Recreation Restricted Commercial ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST FUTURE LAND USE MAP (PROPOSED) Major Inst, Public Facilities, Transp And 0 Single Fami y - Residential alter Flanders House NE 39TH ST Ln a \ I W Z c* ediumDensity J Commercial coRestricted � u.i U Commercial L z NE 38TH ST I Vi Medium Density ensity LMultifamily /— Residential NE'37TH ST NE 36TH'ST Edgewate 150 300 NE 37TH ST JULIA TUTTLE CSWY Restricted Commercial 600 Feet NE to w z Public Parks & Recreation Restricted Commercial ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST _ ,t�t,l�lllllll(11�I� MDDRS alter Flanders House 7ti NE 39TH,ST I vie NE 371,TH-ST p� �"'NE.37.TH,ST�" JULTA TUTTLE CSWY JILJ1111'IUI ,r 1 NE38TH.ST • - NE,36TH ST 0 150 300 600 Feet ADDRESS:3801 BISCAYNE BLVD & 455 NE 38 ST City of Miami Public School Concurrency Concurrency Management System Entered Requirements PLANN1VG;' 1, Via.2 P, Applicant Fields Information Application Type Public Hearing Application Sub -Type Z Zoning Application Name * Ben Fernandez, Esq. on behalf of 3801 Biscayne Ltd. Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com Application Address * 200 S. Biscayne Blvd., Suite 850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez, Esq. Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GI)G,ax u_,ci,iii.6lni.flis Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3219-01 1. 0 34 0 Additional Folio Number Total Acreage * ±0.207 acres Proposed Land Use/Zoning * T5 Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units Total # of Units * 14 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already Improved property which does not have to be re -platted as deemed by the local government. The number of units to be input into the CMS Is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units In the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * 1 A v `e.'r-ems Owner(s)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner(s)/Attorney/Applicant Sig ature TIAt)toregoing was nowledged before me this 20 , by "cc-=; who is a(n) individual/partner/agent/corporation of individual/partnership/corporation, lie/She is personally known to me or who has produced as identification and who did (did„�iotQtake an oath. am li)' OEM' ' LLERENA MY CUMMI&SIUN # DD 060413 LXP* Ee: Mach 5, 2014 Deeded Thru Notary Public Underwriters 1 09 REL City of Miami Public School Concurrency Concurrency Management System Entered Regt it / 6 ? f" 2' 09 Applicant Fields Information Application Type Public Hearing Application Sub -Type Zoning Application Name * Ben Fernandez, Esq. on behalf of 3801 Biscayne Ltd. Application Phone * 305-377-6235 Application Email * BFernandez@BRZoningLaw.com BRZoningLaw.com Application Address * 200 S. Biscayne Blvd., Suite 850, Miami, FL 33131 Contact Fields Information Contact Name * Ben Fernandez, Esq. Contact Phone * 305-377-6235 Contact Email * BFernandez@BRZoningLaw.com Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email QI)< yt@ci..inia1J i.Ji... . Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * A, 3;,, \ t 01 f 04 ao Additional Folio Number Total Acreage * 10.586 acres Proposed Land Use/Zoning * T5 Single -Family Detached Units * Single -Family Attached Units (Duplex) * Multi -Family Units * Total # of Units * 39 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights: or for an already Improved property which does not have to be re -platted as deemed by the local government. The number of units to be input Into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example; an existing 20-unit structure will be torn down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application * 0 ei `.'e'1 V `W1 6 Owners)/Attorney/Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADS 0. ner(s)/Attorney/Applicant Sign, "FA foregoing s acknowledged before me this day o 20 \ 9 , by r �Fer who is a(n) individual/partner/agent/corporatio f '' r f,P.TO 'I 'yy ('.n0414..d1- 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) BETTY LLERENA MY COMMI&SIQN p DO #60413 EXPIPlEi3, *tab 5,'414 • Bonded Thru Notary Public) Underwriters BERCOW .- ADE LL EtFERF. AN D ittlENr ZONING. LAND USE ANC ENIVIRONJrvv '�KAL22L. ,Ij_tt: 1ct Direct: 305-377-6235 �I '' E-Mail: BFernandez@BRZoningLaw.com VIA HAND DELIVERY September 22, 2015 Ms. Olga Zamora City of Miami Riverside Center Department of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Applications for Comprehensive Plan Amendment and Zoning Atlas Amendment for 3801 Biscayne Boulevard and 455 NE 38th Street FILE ID 09-00863zc1 and 09-0008631u1 Dear Ms. Zamora: This law firm represents the applicant in relation to the referenced applications. The applications were indefinitely deferred by the PZAB on September 18, 2013. Please be advised that the applicant has now revised the plans for the property and would hereby request that these applications be reconsidered by the Planning Department based on the revised plan and be brought back to the PZAB at the next opportunity. The revised proposed plan entitled "3801 Biscayne Blvd" is designed by Kobi Karp Architecture Interior Design Planning and is enclosed herewith. The applicant would like to proffer the enclosed Declaration of Restrictions to the City Commission that requires that the owners develop the property based on the design intent of the plan. The plan proposes a mixed use project with a total of 136 luxury multi- family residential units and approximately 40,000 square feet of commercial uses. This program is provided in a building envelope and design that is consistent with the underlying T6-12 0 transect and the proposed T5 Transect for the portion of the property that is the subject of the applications to amend the FLUM and the Miami 21 Zoning Atlas. SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Ms. Olga Zamora September 22, 2015 Page 2 The project's residential density is also consistent with the Comprehensive Neighborhood Plan designations for the property and the proposed floor area is below the maximum allowed by Miami 21. The plan also meets all parking requirements while providing active use liners that will activate both the Biscayne Boulevard and the NE 38th Street frontages. For the foregoing reasons, and based on the Comprehensive Neighborhood Plan Amendment and Miami 21 Atlas Amendment applications previously submitted, we request the Planning Departments favorable review and recommendation. Sin I ( Ben Fernandez BF/bl Enclosures cc: Francisco Garcia Devin Cejas BERCOW RADE LL & FE RNAN DEZ ONING. LAND USE ANC EN VI Pe ONMEN TAL LAW This instrument was prepared by: Ben Fernandez, Esq. Bercow Radell & Fernandez, PA 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2015, by 3801 Biscayne Ltd., and 3801 Biscayne Corp., (hereinafter referred to as the "Owners"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "City"). WHEREAS, the undersigned Owners hold fee simple title to certain real property located at: See Exhibit A, attached hereto, and hereinafter referred to as the "Property." WITNESSETH WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owners are desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. Declaration of Restrictive Covenant Page 2 of 7 NOW THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owners hereby make the following voluntary declarations running with the land concerning the use of the Property: 1. That the Property shall be developed consistent with the design intent of the plans entitled "3801 Biscayne Blvd.", as prepared by Kobi Karp Architecture and Interior Design, Inc., dated September 21, 2015 (the "Plan"). Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property shall be binding upon Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this instrument. Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Declaration of Restrictive Covenant Page 3 of 7 Section 5. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owners of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Planning and Zoning Board Appeals Board and/ City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 6. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. The award of attorney's fees to a prevailing party shall not be used or enforced against the City of Miami. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Declaration of Restrictive Covenant Page 4 of 7 Section 8. Recording; Effective Date. This Declaration shall be recorded and shall constitute a covenant running with the land, and shall be binding on the Parties, their successors, heirs, and assigns. This Agreement shall be effective for a period of thirty (30) years, and shall be automatically renewed for successive periods of ten (10) years unless either party gives notice and records it at least thirty (30) days prior to the expiration of any ten (10) year renewal period. Covenantors shall record this Declaration among the Public Records of Miami -Dade County, Florida, at the cost of the Owners, and provide a copy to the City within five (5) days of the Effective Date of this Declaration. Section 9. Construction. Nothing in this Declaration shall be construed to create or imply a vested right to any development. This covenant shall be construed as a restriction, and shall not be construed to authorize or permit any development that is not in compliance with the local laws and regulations in effect at the time of the application for any permit. [Signature Pages to Follow] Declaration of Restrictive Covenant Page 5 of 7 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2015. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The 3801 Biscayne Ltd. By:, Title: Address: foregoing instrument was acknowledged before me by , the of 3801 Biscayne Ltd., on behalf of the corporation. He is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of 2015, in the County and State aforesaid. Notary Public State of Florida My Commission Expires: Print Name Declaration of Restrictive Covenant Page 6 of 7 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2015. Witnesses: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 3801 Biscayne Corp. By: Title: Address: The foregoing instrument was acknowledged before me by , the of 3801 Biscayne Corp., on behalf of the corporation. He is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of 2015, in the County and State aforesaid. Notary Public State of Florida My Commission Expires: Print Name Declaration of Restrictive Covenant Page 7 of 7 Exhibit A LEGAL DESCRIPTION All of Lots 40, 41, 42, 43, 44, 46 and 46, except that portion of Lot 40, lying within the right-of-way of Biscayne Boulevard, MAGNOLIA PARK, according to the Second Amended Plat thereof, recorded in Plat Book 5, at Page 25, of the Public Records of Miami -Dade County, Florida. And less the South 2.25 feet thereof and less that part of Lots 40 and 41 lying Southwesterly of a curve concave to the Northeasterly, having a radius of 26 feet and Northerly end of said curve being tangent to the Easterly right-of-way line of Biscayne Boulevard and the Easterly curve being tangent to a line 2.25 feet North of and parallel to the South line of Lot 40 and Lot 41, Miami -Dade County, Florida. anda 3801 Biscayne Boulevard, Miami, FL 331 and Lot 47 of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Rook 5, Page 25, of the Public Records of Miami -Dade County, Florida, less right- of-way over the South 2.25 feet of said Lot. a/ka/ 455 NE 38 Street, Miami, FL 33137 COMPREHENSIVE PLAN APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-20 www.miamigov.com/hearing boards w -.10 Welcome to the City of Miami! This application is intended to serve as a guide in astin 0u with our public hearing process. Please feel free to contact us, should you have any st a am:. There is no deadline to submit this application as it is presented semi-annually to theTlan:t"iing, Zoning and Appeals Board and the City Commission. The application submittal dote isthe date stamped by Hearing Boards' staff on this page. The responses to this applicion thust be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8Y2x11") 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. COMPREHENSIVE PLAN APPLICATION Please refer to Section 62-31 of the Miami City Code for Comprehensive Plan information. 1. Applicant(s): Ben Fernandez, Esq. on behalf of 3801 Biscayne Ltd. and 3801 Biscayne Corp. 2. Subject property address(es) and folio number(s): 3801 Biscayne Boulevard (01-3219-011-0340) and 455 NE 38t" Street (01-3219-011-0400) 3. Present designation(s): Medium Density Multifamily Residential 4. Future designation(s): Medium Density Restricted Commercial 5. If the requested Land Use is approved, will a Rezoning be requested for consistency with the Zoning Atlas, per F.S. 163,3184(3)(e)? Yes If yes, please contact Planning at 305-416-1400. 6. Has the designation of this property been changed in the last year? If so, when? No. 7. Do you own any other property within 200 feet of the subject property? Yes. If yes, has the property been granted a Land Use Change within the last year? No. 8. One (1) original, two (2) 11 x17" 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, 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 10. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 11. At least two photographs showing the entire property showing land and improvements. 12. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 13. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 14. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 15. Certified list of owners of real estate within 500 feet of the subject property. 16. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 17. Original Public School Concurrency Management System Entered Requirements form. 18. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 07-2012 2 COMPREHENSIVE PLAN APPLICATION 19. What is the acreage of the project/property site? ±0.586 acres 20. What is the purpose of this application/nature of proposed use? Mixed -use 21, Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3" Floor for information. No. 22. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No. 23. Is the property within the Coastal High Hazard Area (CHHA)? Please contact the Planning and Zoning Department on the 3rd Floor for information and further instructions. ca 24. What would be the anticipated duration of the presentation in front of the: (O A(' 0 Planning, Zoning and Appeals Board 5 hours and/or CI City Commission 1`L u" . ,1",\11.3 25. Cost of processing according to Section 62-22 of the Miami City Code*: a. Application to Amend the Comprehensive Neighborhood Plan per acre b. Advertising c. School Concurrency Processing d. Mail notice fee per notice e. Meeting package mailing fee per package *Fees over $ Signature Name Ben Fernandez, Esq. Telephone 305-377-6235 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 d in the form of a certified check, cashier's check, or money order. Address 200S. Biscayne Blvd., Suite 850 Miami, FL 33131 E-mail BFernandez(a BRZoningLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1., day of July, 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. a(n) individual/partnership/corporation. He/She is personally known to mQ or who has produced as identification and who did (did not take an (Stamp) BEM' LLERE MY COMM:881 N # 00 60413 EPWS: *rah, 2014 Llnnded Thru Notaryblln Ui rwrlters Sig ele ature % Rev, 07-2012 3 COMPREHENSIVE PLAN APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Ben Fernandez, Esq., who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4, That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of July, 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. 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 oa, (Stamp) BETr( LLERENA MY COMMISSION # OD 060413 C'XP lES: Weil 0, 2014 Snarled Thai Notary Public Underwriters irtNAKIIWNFAM Signature Rev. 07-2012 4 COMPREHENSIVE PLAN APPLICATION DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) Percentage of Ownership 3801 Biscayne Ltd. and 3801 Biscayne Corp. 3801 Biscayne Corp. 1% (Ron Bloomberg 33.4%, Richard Berger 33.3%, Kevin Coy 33.3%) Ron Bloomberg 30%; Richard Berger 30%; Kevin Coy 30%; Robert Besely; 5%; Luis Correa 2%0; Ali Bazzi 2% 3801 Biscayne Corp. 75% (Ron Bloomberg 33.4%, Richard Berger 33.3%, Kevin Coy 33.3%) Steve & Michelle Schmidt 25% Subject Property Address(es) 3801 Biscayne Boulevard, and 455 NE 38th Street 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): N/A Ben Fernandez, Esq. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE N/A Owner(s) or Attorney Sign., ure The foregoing was acknowledged before me this [ day of July, 2013, by Ben Fernandez, Esq. who is a(n) individual/partner/agent/corporation of Bercow Radell & Fernandez, P.A. 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 o (Stamp) = MY COMMISSION p 1320 BondedEt h Notary Public f writers Rev. 07-2012 5 Exhibit A LEGAL DESCRIPTION All of Lots 40, 41, 42, 43, 44, 45 and 4 , except that portion of Lot 40, lying within the right-of-way of Biscayne Boulevard, MAGNOLIA PARK, according to the Second Amended Plat thereof, recorded in Plat Book 5, at Page 2 , of the Public Records of Miami -Dade County Florida. And less the South 2,26 feet thereof endless that part, of Lots 40 and 41 lying Southwesterly of a curve concave to the Northeasterly, having a radius of 26 feet and Northerly end of said curve being tangent to the Easterly right»of wway line of Biscayne Boulevard and the Easterly curve being tangent to a line 2,26 feet North of and parallel to the South line of Lot 40 and Lot 41,Miami-Dade County, Florida. aikte 3801 Biscayne Boulevard, ii rnf, FL 33137 and Lot 47 of SECOND AMENDED PLAT OF MAGNOLIA: PARK according to the Plat thereof, as recorded in Mat Boob 5 at Page 25 of the Public Records of Miami -Dade County, Florida, less right-of-way over the South 2,25. feet of said Lot a/k/a 455 NE 38 Street, Miami, FL 33137 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action, "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Ben Fernandez (First Name) (Middle) (Last Name) I-IOMEADDRESS: 200 South Biscayne Boulevard (Address Line 1) Suite 850 (Address Line 2) CITY: Miami STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 9'78-2866 EMAIL: BFernandez@BRZoningLaw.com FAX: (305) 377-6222 BUSSINESS or APPLICANT or ENTITY NAME 3081 Biscayne Ltd. and 3801 Biscayne Corp. BUSINESS ADDRESS: 309 - 23rd Street, Suite 300 (Address Line 1) Miami Beach, FL 33139 (Address Line 2) I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning of the properties located at 3801 Biscayne Boulevard and 455 NE 38th Street. "1' 18l\3 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES X NO If your answer to Question 2 is, No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc, No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. N/A ► b,N/A c. N/A * Additional names can be placed on a separate page attached to this form, 4. Please describe the nature of the consideration, N/A N/A N/A 5. Describe what is being requested in exchange for the consideration. N/A N/A N/A ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice Ordinance 12918 and such circumvention shall be deemed a violation of the or civil penalties that may be imposed under the City Code, upon determination disclosure requirement was not fully and timely satisfied the following may occur: I. the application or order, as applicable, shall be deemed effect; and 2. no application from any perso► _ii' entity for the same considered by the applicable e'oard(s until expiration of nullification of the applicatio or orde / PERSON SUBMITTING DISCLOSURE: to circumvent Ordinance; by void without iss p r3d the disclosure requirements of and that in addition to the criminal the City Commission that the foregoing further force or :, shall be reviewed or of one year after the Ben Fernandez ignature Print Name .__. to me ,S1Po1',) to c719(/ subscribed before i-ne this --- --_ -- 1% Of IA instrument was acknowledged before Ile by T as identification and'or is personally known ,e ,-------. le',foregoing 4��----' who has produced and who cdlcliiicl not take an oath. . SPATE OF FLORIDA CITY OF MIAMI MY COMM SION Note EXPIRESl� y ''u-'' Print Narnel �4j ., .: ,, tot 11X i ,, D woos Page 2 Doc. No,;8G5=13 , i' il,k. .�: andnar! Thin Nattily Public U hors 111111111111111111111111111111111111111111111 CFN 20O5RO5 j 8=reI 2 0R Bit 23396 Ps 004B (ipg) RECORDED 05/20/2005 102049 DEED DOC TAX 6r600.00 SURTAX 4r950.O0 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTYr FLORIDA LAST PAGE WARRANTY DEED THIS WARRANTY DEED made and executed the /71,° day of May, 2005, by JULIO MARTINEZ, a single man, hereinafter called grantor, to 3801 BISCAYNE CORP., a Florida corporation, (as to an undivided forty percent interest) whose address is 420 Lincoln Road, No. 448, Miami Beach, Florida 33139 and STEPHENSCHMIDT and MICHELE SCHMIDT, husband and wife, (as to an undivided sixty percent interest) whose address is 1 Cypress, Hollidaysburg, PA 16648, hereinafter called the grantee: WITNESSETH; That the grantors, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, by these presents do grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in MIAMI- DADE County, Florida, viz: Tax Folio No. 01-3219-011-0400 Lot 47 of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Book 5 at Page 25 of the Public Records of Miami -Dade County, Florida, less right-of-way over the South 2.25 feet of said Lot This conveyance is subject to the following: 1. Real Property Taxes for the year 2006 and subsequent years, 2. Conditions, restrictions, limitations and easements of record, without the intention of reimposing the same. TOGETHER with all the tenements, heredltarnents and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that he is lawfully seized of said land in fee simple; that he has good right and lawful authority to sell and convey said land; that he 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. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the sence preoL • S' 1- ATUU •E�,� �l�6lna_ y: ULis ARTINEZ Addres-' 24'6 W. E^^ PI(,u4 ANT NAM HowIG41-.fi L. 3.30�4� NATU E�� PRINT NAME STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JULIO MARTINEZ, a single man, personally known to me or who has produced Vt.-Pe 4-. as identification, and who has taken an oath, executed the foregoing instrument and acknowledged before me that he executed the same. , 2005. WITNESS our hands and official seals In the County and State last aforesaid this II day of MA5 NOTARY PUBLIC STATE FFLORIDA, PRINT NAME: This Instrument was prepared by: STRATTON & FEINSTEIN, P.A. 407 Lincoln Road, Suite 2A Miami Beach, Florida 33139 My Commission Expires: Book23396/Page48 CFN#20050518802 Page 1 of 1 (Cr',R;C f:4o 20997PG0020 Property Appraiser's Parcel Identification No. 01.3219.011.0340 Return to; Donald M. Klein, Esquire Name Kline, Moore S Klein, P.A. Address 2665 South Dayahore Drive, Suite 903 Coconut Grove, FL 33133 Thls Instrument was prepared by: Name Jeffrey C. Roth, Esquire Roth & Scholl Address 1600 San Remo Avenue, Suite 176 Coral Gables, FL 33146 0-3F0r 7 6 100 201)3 FEB 04 16:06 D0C$T1'DEE 22050,00 BUM t49762.50 HARVEt' RUt11Nr CLErK DACE C'OUNT'1► FL Grantee FEW Applied tor Name - 3601 Biscayne Corp, (Space above this line for recording data) WARRANTY DEED THIS INDENTURE Is made this 3ayof February, 2003, between National Association of Chiefs of Police, Inc., a Florida non-proflt corporation, American Federation of Police and Concerned Citizens, Inc., a District of Columbia non-profit corporation, Venerable Order of Knights of Michael The Archangel, Inc., a Florida non-profit corporation and Florida Crime Prevention Commission, Inc., a Florida non-profit corporation, 3801 Biscayne Boulevard, Miami, FL 33137, grantor, and 3801 Biscayne, Ltd., a Florida limited partnershlp, whose address is 420 Lincoln Road, Suite 448, Miami Beach, FL 33139, grantee. WITNESSETTH that said grantor, for and in consideration of the sum of Ten & 00/100 ($10.00) Dollars, 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 successors and assigns forever, the following described land, situate, lying and being In Miami -Dade County, Florida to -wit, All of Lots 40, 41, 42, 43, 44, 45 and 46, except that portion of Lot 40, lying within the right-of-wayof Biscayne Boulevard, MAGNOLIA PARK, according to the Second Amended Plat thereof, recorded In Plat Book 6, at Page 25, of the Public Records of Miami -Dade County, Florida. And less the South 2.25 feet thereof and less that part of Lots 40 and 41 lying Southwesterly of a curve concave to the Northeasterly, having a radius of 25 feet and Northerly end of said curve being tangent to the Easterly right-of-way line of Biscayne Boulevard and the Easterly curve being tangent to a Tine 2.25 feet North of and parallel to the South line of Lot 40 and Lot 41, Miami -Dade 'County, Florida. aik/a 3801 Biscayne Boulevard, Miami, FL 33137 r. AT, t -r 41 OA'xi` ft4 20997K0821 Subject to; comprehensive land use plans, zoning restrictions, prohibitions end other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 Ya feet in width as to the side lines, unless otherwise stated herein; provided, however, that nothing set forth herein shall serve to re -Impose any such plans, restrictions, prohibitions, conditions, easements or other requirements herein; taxes for the year 2002 and subsequent years; and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. ("Grantor" 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 written. Signed, 'sealed end delivered In presence el us; Witness: NATIONAL ASSOCIATION OF CHIEFS OF POLICE, INC., a Florida non-profit corporation By: DERRICK Bo VAN BRODE, IV, Director STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument was sworn to, subscribed and acknowledged before me this day of February, 2003, by DERRICK B. VAN f3RODE, IV, as Director of National Association of Chiefs of Police, I c,, a Florida non-profit corporation, who is personally known to me or who produced as as Identification, and who did take an oath. MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA Notary's printed name & address: AMERICAN FEDERATION OF POLICE AND CONCERNED CITIZENS, INC., District of Columbia non-profit corporation By: DERRICK B. VAN BRODE, IV, Director The foregoing Instrument was sworn to, subscribed and acknowledged before me this day of February, 2003, by DERRICK B. VAN BRODE, IV, as Director of American Federation of Police and Concerned Citizens, Inc., a District of Columbia non-profit corporation, who Is personally known to me or who produced 4- u WS-as identification, and who did take an oath, C--&X)SGe MY COMMISSION EXPIRES: r,\ NO ARY PUBLIC Notary's printed name & address: VENERABLE ORDER OF KNIGHTS OF MICHAEL THE ARCHANGEL INC., a Florida nonprofit corporation By: DERRICK B. VAN BRODE, IV, Director The foregoing Instrument was sworn to, subscribed and acknowledged before me this 34 day of February, 2003, by DERRICK B. VAN BRODE, IV, as Director of Venerable Order of Knights of Michael TheAcchane, Inc„ a Flo da non-profit corporation, who Is personally known to me or who produced tE--0\ Ptfl. tt) s Identification, and who did take an oath, LIc '&73SE: NO ARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: Notary's printed name & address: MY COMMON • 00156439 00118 4wembst 21, 2006 WNW THK1110Y NW INMAN% 114 464. 20997PG082t) FLORIDA CRIME PREVENTION COMMISSION, INC., a Florida non-profit corporation STATE OF FLORIDA COUNTY OF MIAMI-DADE) The foregolng Instrument was sworn to, subscribed and acknowledged before me this day of February, 2003, by DERRICK B. VAN BROM, IV, as Director of Florida Crime Prevention *omm1lon, Inc.,9 Florida non-profit corporation, who is personally known to me or who produced as identification, and who did take an oath. 0 ARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: Notary's printed name & address: doom IA xi* mYccMUISSIONI DDIX919 totrelt Ntworiter '4V,PNC.:4N lb 8 FOUND IRON PIPE 1/2" (NO ID) 12' ALLEY 198. 00(R&M) 66.00' 66.00' 66.00' • 77 PARKING S 77?, FOND NAIL 176, 17 PA ACES KING ING oao'EACH ACES 0 S O'EA PAC S 0' EA WING SPACES 0 0' EA:li 0 0 70' ,Lt Xe 5 66.00' 66 00' 66.00' FOUND NON PPE 1/2° jr (NO ID) 71 70. 00'(R:::.)1 aim° 26.00' - 17 26.00' 610 198. 00(R&M) ASPHALT PAYDIENT 6 N.E. 38th STREET 5' SIDEWALK OUBLE YELLOW LINE 2' CURB & 61177ER FOO4D IRON a 06 (114../ (NO 0) 70. 00'(R) z`•?; ASPHALT PAI,EMENT MANHOLE /-L- CURB & GUTiER ABBREVIATIONS: SAK--StOEVALK. CBS=CONCRETE BLOCK STRUCTURE. CL,CHAIN LINKFENCE_PL=PROPERTY LINE. DUE=ORAINAGE LMLrrr EASEMENT IP,RON PIPE F=FOUND. A/C=AIR CONDI-ROMER PAD. P/C=PROPERTY CORNEFL D/11=DRILLED HOLE. WF=WOODEN FENCE. RES=RESIDENCE, CL-OLEAR. RB=REBAR LI000111.JTY EASEMENT CO§C=CONCRErE SLAB. RA.RIGHT OF VAY. DE--ORATIAGE EASEMENT. Gt.-CENTER LINE, CIDIAMTER, TYP=TYROX. 1,1=MEASURED- R=RECOROED. ENCR=ENCROACHMENT COMP=COMPUTER.ASI•ASPHALT. NrD.NAIL & OISO. S=SET. FEE=FINISH FLOOR ELEVATION. 087OFF5ET.PiP,OINER POLE. 011,0vERtrEAD OVI.ERUNE. 1AM=V.TERMETER MASONRYNALL.=1111 ELEVATION BASED ON LOC. # 3245 coricRETE= I ' ' ' • ." 0 ' I cgm-, „ , NOT VAUD UNLESS EMBOSSED WITH MAINT.NANCE DRAINAGEEA.SEMENT=M LE T,'" , „ „ 2 TYPE OF SURVEY:BOUNDARY SURVEY SURVEYOR'S SEAL SURVEYOR'S NOTES: 7) OWNERSHIP SUBJECT TO OPINION OF TITLE. 2) NOT VALID vVITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 3) THE SURVEY DEPJC I EU HERE IS NOT COVERED By PROFESSIONAL LIABILITY INSURANCE 4) LEGAL DESCRIPTION PROVIDED BY CLIENT. 5) UNDERGROUND ENCROACHMENTS NOT LOCATED. 6) ELEVATIONS ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 7) OWNERSHIP OF FENCES ARE UNKNOVVN. 8) THERE MAY BE ADDITIONAL RESTRICTIONS Not SHOWN ON THIS SURVEY THAT MAY BE FOUND !UTNE PUBLIC RECORDS OF THIS COUNTY. 9) CONTACT THE APPROPRIATE AUTHORITY PRIOR TO ANY DESIGN WORK FOR BUILDING AND ZONING INFORMATION. o) EXAMINATION OF THEABSTRACT OF TITLE vOLLHAVETO BE MADETO DETERMINE RECORDED INS1RU14ENTS, IF ANY,AFFECTNGTHIS PROPERTY. a 511 REVISED: Additions or deletions to surveymaps or reports by other than the signing party or parties is prohibited without written consent of the sio-ni-ig party or parties_ BEARINGS WHEN SHOVVN ARE REFERRED TO AN ASSUMED VALUEOF SAID RE 5 PAGE 25 2— os 05 05 04 FOUND NAIL 0 LOCATION SKETCH SCALE: NTS NE 39th STREET a. I i 54 0 52 ' 4 14-a 0 0 0 PROPERTY ADDRESS: 455 N.E. 38TH ST., MIAMI, FL. 33137. LEGAL DES• CRIPTION: LOT; 44 45, 46 & 47 LESS THE SODTH 2.25 OF SECOND AMENDED PLAT OF MAGNOLIA PARK SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 25 OF THE PUBLIC RECORDS MIAMI-DADK COUNTY, FLORIDA BLOCK 1 HEREBY CERTIFY That the survey represented thereon meets the minimum technical requirements adopted by the STATE OF FLORIDA Board of Land Surveyors pursuant to Section 472.027 Florida Statutes. There are no encroachments, overlaps, easements appearing on the plat orvisible easements other than asshown hereon_ ADIS N. NUNEZ REGISTERED LAND SURVEYOR STATE OF FLORIDA #5924 SINCE 1987 BLANCO SURVEYORS INC. Engineers • (306) 865-1200 FLOOD ZONE: x PANEL: 011 83 DATE: SCALE: 7/9/13 1". 20' Land Surveyors • Planners • LB 80007059 555 NORTH SHORE DRIVE MIAMI BEACH, FL 33141 bloncosLrreyorsincgyohoo.com Fax: (305) 865-7810 tg SUFFIX: L DATE: 9 / 1 1 /09 BASE: N/A. C0MMUNm7M 120650 OWN. BY: JOB No _ Blanco - 13-549 07 City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-008631u1 Final Action Date: ..TitleA 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 ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3801 BISCAYNE BOULEVARD ("MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" PORTION ONLY) AND 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3801 Biscayne Boulevard and 455 NE 38th Street [Commissioner Ken Russell - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and 3801 Biscayne Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 09-00863zc1. PURPOSE: This will change the above properties from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item no. *, recommending * of the Future Land Use Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami City of Miami Page 1 of 3 File Id: 09-008631111 (Version: 2) Printed On: 11/23/2015 File Number: 09-008631u1 Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of .75± acres of real properties at approximately 3801 Biscayne Boulevard and 455 NE 38th Street, Miami, Florida, from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial"; as depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small scale Future Land Use Map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of §420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Densities will be 65 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 5 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and (f) The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the reviewing agencies pursuant to §163.3184(1)(c), Florida Statutes; and any other person or entity requesting a copy. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187(5)(c), Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 3 File Id: 09-003631u1 (Version: 2) Printed On: 11/23/2015 File Number: 09-008631u1 JULIE O. BRU CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 09-008631u1 (Version: 2) Printed On: 11/23/2015 Declaration of Restrictive Covenant Page 7 of 7 Exhibit A LEGAL DESCRIPTION All of Lots 40, 41, 42, 43, 44, 46 and 46, except that portion of Lot 40, lying within the right-of-way of Biscayne Boulevard, MAGNOLIA PARK, according to the Second Amended Plat thereof, recorded in Plat Book 5, at Page 25, of the Public Records of Miami -Dade County, Florida. And less the South 2.25 feet thereof and less that part of Lots 40 and 41 lying Southwesterly of a curve concave to the Northeasterly, having a radius of 26 feet and Northerly end of said curve being tangent to the Easterly right-of-way line of Biscayne Boulevard and the Easterly curve being tangent to a line 2.25 feet North of and parallel to the South line of Lot 40 and Lot 41, Miami -Dade County, Florida. anda 3801 Biscayne Boulevard, Miami, FL 331 and Lot 47 of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Rook 5, Page 25, of the Public Records of Miami -Dade County, Florida, less right- of-way over the South 2.25 feet of said Lot. a/ka/ 455 NE 38 Street, Miami, FL 33137