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HomeMy WebLinkAboutSupporting DocsBERCOW .- 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 REZONING APPLICATION RECEIVEO PLANNING DEPAR PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 3052 18 .1(3d 8 PM tt 36 www.miamiqov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make .a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8'/2x11") or Otherr 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. 07-2012 REZONING APPLICATION a.�e3 17. What is the acreage of the project/property site? +&6-°acres Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning 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 38th Street (01-3219-011-0400) 3. Present zoning designation(s): T4-R and T6-12L 4. Proposed zoning designation(s): T5-O (for the T4-R portion only) 5. Per Miami 21, Article 7.1.2,8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 81/x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 9. At least two photographs showing the entire property showing land and improvements. 10, Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. ctR\1 Rev. 07-2012 REZONING APPLICATION 1'8. What is the purpose of this application/nature of proposed use? To allow mixed use 9. 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 the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3rd Floor for information. No. 21. What would be the anticipated duration of the presentation in front of the: El Planning, Zoning and Appeals Board 20 minutes and/or Li 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 '10 1\\-Ao $ .50 $ 2,500.00 CI -HD: $ .70 $ 5,000.00 $ 1,500.00 $ 150.00 $ 4.50 f. Meeting package mailing fee •;-r package *Fees over $2 000.,@i0, shall Signature Name Ben Fernandez, Esq. Telephone 305-377-6235 $ 6.00 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(cr7BRZoninQLaw.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this n". 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 pers onall.\r known tome or who has produced as identification and who did (did not) take an • th. (Stamp) BETTY u.ERENA MY COMMISSION # ©0 PS0413 rXw ;8: Marsh S, 2014 enclod Thni Notary Public Undonvdters kir Sig(atur Rev. 07-2012 4 REZONING 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: 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 n 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 rr�e or who has produced as identification and who did (did no t ake aoa (Stamp) H, et l 'Y u.FRENA MY COMMISSION # 00 060413 0onded ThnNo ary llo Underwriters Signa Rev. 07-2012 REZONING APPLICATION DISCLOSURE OF OWNERSHIP . List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessa 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%i Robert Besely; 5%; Luis Correa 2%; Ali Bazzi 2% 3801 Biscayne Corp. 75% (Ron Bloomberg 33.4%, Richard Berger 33.3%, Kevin Coy 33.3%) Steve & Michelle Schmidt 25% 3801 Biscayne Boulevard, and 455 NE 38th Street Owner's Name(es) Percentage of Ownership Subject Property Address(es) rY• 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): N/A Legal Description(s): N/A Ben Fernandez, Esq. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Owner(s) or Attorney Signatu The foregoing was acknowledged before me this dayof 2013 byBen Fernandez, g g g July, 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 a deg jf:_wAlLguicid who did (did not) take an oat (Stamp) x OE` MY COMMISSION # OD 6p413 EXPIRES: Wall$, 2014 Nonaed Thru Notary Public Underwriters Signa RC,'. 0'-2012 3801 Biscayne Ltd. 3801 Biscayne Corp. 3801Biscayne Boulevard and 455 NE 38th Street Miami 21 Analysis pursuant to Article 7.1 The property is part of a larger commercial mixed -use property that abuts Biscayne Boulevard and the intersection of Biscayne and North E. 38th Street. The property is also located on the off ramp of the Julia Tuttle Causeway which connects to Biscayne Boulevard. The area within a half mile radius of the property is primarily comprised of restricted commercial land medium density restricted commercial land and medium density residential land. There is no single family designated land within a three hundred foot radius of the property. The rezoning and re - designation of the property would allow the property to be utilized as a structured parking area for the uses along Biscayne Boulevard. This is particularly appropriate given the advent of the special area plan within the design district and the proximity of this property to the intersection of major section line roadways. This will improve transit oriented development at this intersection furthering Miami 21 or Article 2.1.2 B4. The proposed change would also be successional, furthering the intent of the transect principles described in Article 2.1.3 of Miami 21. Enclosed is an aerial photograph of the area and photographs of development within 300 feet of the property. Exhibit A LEGAL DESCRIPTION AU of Lots 40, 41, 42, 43, 44, 45 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 6, at Page 25, of the Public Records of Miarni.Dade County, Florida, Arid 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 rightof.way 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, Miaml-Dade County, Florida. Ate 3801 Biscayne Boulevard, Miami, FL 3313'7 and Lot 47 of SECOND AMENDED PLATOF MAGNOLA PARK, according to the Flat thereof, as recorded in Plat ook 5 at Page 25 of the Public Records of Miami -Dade County, Florida,. less right-of-way over the South Z25 feet of said Lot a/k/a 455 NE 38 Street, Miami, FL 33137 111111111111111111111111111111111111111111111 DR 8k 23396 Ps 0048f lips, RECORDED 0$/20/2005 14:20149 DEED DOC TAX 6,600.00 SURTAX 4e950,01 HARVEY RUVIHe CLEM',, OF COURT MIAMI-DADE COUHTYr FLORIDA LAST PAGE THIS WARRANTY DEED made and heTY ®EED day of May, 2005, by JUO MARTINEZ, a single man, hereinafter called grantor, to 380)�CAYNE CORP., a Florida corporation, (as to an undivided forty percent Interest) whose address Is 420 Lincoln Road, No, 448, Miami ?each, Florida 33139 and STEPHEN SCHMIDT 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 2005 and subsequent years. 2. Conditions, restrictions, limitations and easements of record, without the intention of reimposing the same, 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 covenants with said grantee that he is lawfully seized of saidland 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 presence of:� SIGI TUBE 4— Gf c�- r EZ Addres•' 2�¢G W, ?M P( PR(NTNAM E r N,a�IGaC Yt.33014, 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 produced who has taken an oath, executed theforegoing instrument and acknowledged before me that he ----- � I—t=-------_ as Identification, and executed the same. WITNESS our hands and official seals In the County and State last aforesaid this JL day of f.AR5 , 2005, NOTARY PUBLIC STATE OF0 RI(]A L_ PRINT This Instrument was prepared by:AME: --] a✓ STRATTON & FEINSTEIN, P.A. 407 Lincoln Road, Suite 2A Miami Beach, Florida 33139 My Commission Expires: Book23396/Page48 CFN#20050518802 Page 1 of 1 Properly Appralsor's Parcel Identification No. 01.3219. )11.0340 Return to: Donald M. Klein, Esquire Name Kline, Moore & Klein, PA. Address 2665 South 13ayshore Drive, Suite 903 Coconut Grove, rL 33133 Thls Instrument was prepared by: Name Jeffrey C. Roth, Esquire Roth & Scholl Address 1500 San Remo Avenue, Suite 176 Coral Gables, FL 33146 0.3R0761130 2003 FEB 04 16:0d 0OC•STPDEE 22 350.00 SURTX 16F762.50 HARVEY RUVIN, CLERK DACE COUNTY, FL Name - 3801 Biscayne Corp, [Space above this line for recording data) WARRANTY DEED THIS INDENTURE Is made this ay of February, 2003, between National Association of Chiefs of Police, Inc„ a Florida non-profit 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, rantor, and 3801 Biscayne, Ltd., a Florida limited partnership, whose address is 420 Lincoln Road, suite 448, Miami Beach, FL 33139, grantee. WITNESSETH 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 rantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said rantee, and grantee's successors and assigns forever, the following described land, situate, lying nd 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 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 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 line 2,25 feet North of and parallel to the South Ilne of Lot 40 and Lot 41, Miami -Dade 'County, Florida, a/k/a 3801 Biscayne Boulevard, Miami, FL 33137 4 20997PG0821 Subject to: comprehensive land use plans, zoning restrictions, prohibitions and 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 A 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, es Context requires). IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first written, Signed, sealed and delivered In proeence al uo: NATIONAL ASSOCIATION OF CHIEFS OF POLICE, INC., a Florida non-profit corporation tk By: DERRICK t3, VAN ERODE, 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 BROM, 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 z o �,Tsf� es Identification, and Who did take an oath. PUBLICNOTARY MY COMMISSION EXPIRES: Notary's prrintedame & add essORIDA ANERkCANFEDERATION OFPOLICE AND CONCERNED CITIZENS. INC,, District of Columbia Don-pnoDtcorporation Director STATE OF ' COUNTY OFP/.-"/day of February, 2003, by DERRICK B. VAN 13RODE, IV, as Director of American Federation of Policeand Concerned Citizens, Inc,, a District of Columbia non-profit corporation, Wholspersonally known to me or who produced — f V EW�as Identification, and who did take an oath. \ "'*NO ~'^"''"°^'° ' . Notary's printed name &address: ^ W(inesl; L (*TLC V,. 20997PC0323 VENERABLE ORDER OP KNIGHTS OF MICHAELTHEARCHANGEL INC„ a Florida non-profit corporation 'liztNTht By: DERRICK B V N RODE IV Director The foregoing instrument was sworn to, subscribed and acknowledged before me this 5r" day of February, 2003, by DERRICK B. VAN ERODE, IV, as Director of Venerable Order of Knights of Michael The,Qtchan $e,�I, Inc„ a Flo da non-profit corporation, who Is personally known to me or who produced wig Dist, Li) k- s Identification, and who did take an oath, C &7 NO ARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: Notary's printed name & address: Deeald M. &In MYco/463SM0 co15E49 E tES Nowemberzt, 2006 FLORIDA CRIME PREVENTION COMMISSION, INC., a Florida non-profit corporation dal,,j7i The foregoing Instrument was sworn to, subscribed and acknowledged before me thls,5A40 day of February, 2003, by DERRICK B. VAN 13RODE, IV, as Director of Florida Crime Prevention tom slon, Inc.,.9 Florida non-profit corporation, who Is personally known to me or who produced ti)11,72(5' , as Identification, and who did take an oath. (f) 0 ARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES: Notary's printed name & address: tow itstIn ktYtommisvotio tvi5se.9 oroams Ntvemter N.• zusoi: .4rprc, :48 , 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 (First Name) Fernandez (Middle) (Last Name). HOME ADDRESS: 200 South Biscayne Boulevard CITY: Miami (Address Line 1) Suite 850 (Address Line 2) STATE: Florida ZIP: 33131 HOME PHONE: (305) 377-6235 CELL PHONE: (305) 978-2866 FAX: (305) 377-6222 EMAIL: BFernandez@BRZoningLaw com BUSSINISS 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. L a ( c3 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 & 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 a, N/A Address Phone# 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 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-rnfier the CITCode, 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 perso considered by the applicable nullification of the applicatio PERSON SUBMITTING DISCLOSURE: Doc. No.:86543 entity for the same,iss shall be reviewed or until expiration of<'p�ri!.d of one year after the gna ure Ben Fernandez Sworn to and siil)scribed before me this /nstrum 'r 1l Print Name tray acknowledged zvv the ,foregoing be/nr•c me big has proAced as identification andor is personally ltno1 to me and who diddid not take an oath. STATE OF FLORIDA CITY OF heat llV'Il MY COMM .' i1ON� EXPIRES p'� L,nclosure(s) Nolan)/ PnntNameEtta t NA � ION #Bn s(G141; iwad rhrti NoitiryUndmwm- 014 Public Page 2 P Applican AN ame, Applicant Email Address NG REFERRAL Pre -Application Meeting Assisted Living Facility ❑ Principal Frontage ❑ Other: Date -a.ci cue\ ('4° (.5` 3t).41O1\ oL-t®O Folio Number Applicant Phone Number Project Street Address TO BE COMPLETED BY THE OFFICE OF ZONING Transect Zone Summary of Request Referral issu, CITY OF MIAMI OFFICE OF Z. O N I N G Ph: 305-416-1499 444 SW 2nd Ave 4th Floor Miam , FL 33130 www.miamigov coin/zoning an„ ke,-1 1119g19r11 PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING RE -ZONING 3801 Biscayne Boulevard 3801 BISCAYNE BOULEVARD PR-13-081 ZONING DESIGNATION:T4-R NET DISTRICT: UPPER EASTSIDE 7.18.13 The project is subject to review and compliance with the requirements of all City departments, as applicable. The following comments were generated based the Pre -application meeting of July 17, 2013 and are intended to assist and expedite permit applications based on the applicant's voluntary modifications of the project / plans suggested herein. This application has been reviewed for the following permit: o Re -zoning, pursuant to Article 7, Section 7.1.2.8 (a) (3) and (c) (1) allows the request of a zoning change from T4-R to T5-0. The following comments should be addressed: 1. Along with the re -zoning request, this application also requires a Land Use change. The applicant needs to apply for the Land Use change with the re -zoning. The applicant may contact Harold Ruck at 305.416.1424 within the Planning and Zoning Department concerning the specific Land Use change required with the zoning change. 2. The applicant may need to provide School Concurrency. You may also contact Harold Ruck at 305.416.1424 to confirm if School Concurrency is required. If so, the applicant maycontactGary-Gay-at 305.416 1-416-within-the-Planning and Zoning Department concerning the reservation of School Concurrency. Additional comments will be provided upon review of a more detailed submittal. Consequently, the City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. ** Please note that the Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. FOUND WON PIPE 1/2 . (NOID) e-, j 9' GRASS 5' GRASS I2'ALLEY - 198, 00(R&1vl) 198.00'(R&M) ASPHALT PAVEMENT N.E. 38th STREET NOT VALID UNLESS EMBOSSED WITH SURVEYOR'S SEAL REVISED: 5' SIDEWALK -DOUBLE YELLOW LINE 5' SIDEWALK 0 FOUND WOLt 70:00'(R&M) /(ND ICJ 2' CURB & GUTTER FG.� •D )RG± ° (yo o/ 70.001R) MANHOLE ASPHALT PAVEMENT Vie- CURB & GLITTER ABBREVIATIONS: S;,0=SI➢EWAUt. CBS=CONCRETEBLOCHSTRUCTORE CIFx/AIN LIM(FENCE,RL=PROPERTI UNE. DUE=DRAINAGE UnLRY EASEMENT IP=IRON PIPE. F=FDUNO. NC=AIR CONDITIONER PAD. FfC=PROPERTY CORNEA DM=DRILLED HOLE. V.MF=NOODEN FENCE. RE9RESIDEN E. CL-CLEAR. RO=REBAR. UE=UTILRY EASEMENTCONC=CONCRETE SLAB. RMFRIGHT OF V Y OE=DRAINAGE EASEMENT CIL NTER UNE D=:SAW/ER. T1P=YPICAL. M=MEASORE0. R=RECDRDEO. ENCR=ENCRDACHMEN . COMP=COMPUTER ASK -ASPHALT. N;O=NAL 8 DISC. S=SET FEE=FINISH FLOOR ELEVATION. OIS=OFFSET. P,P=POPERPOLE. OHP=OVERHFADPON1RLINE.NM=NATERMETER -VA000 FENCE= MASDNR.vgu-1 I { I I r ) I I I ELEVATION BASED ON LOC. # 3245 CONCRETEICE AINA..--.SEMEN,: CB(�-;: P-141 ELV.10.92'TYPE OF SURVEY: BOUNDARY ➢URVEY MAk,'rENANCE80RAiNAGEEASEMFNT Mhp.E n SURVEYOR'S NOTES- 1) OWNERSHIP SUBJECT TO OPINION OF TITLE 2) NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 3) THE SURVEY DEPIC ILL/ HERE 15 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 UNKNOWN- B) THERE MAY BE ADDITIONAL RES I EOCTIONS NOTSHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 9) CONTACTTHE APPROPRIATE 'AUTHORITY PRIOR TO ANY DESIGN WORK FOR BUILD NG AND ZONING INFORMATION. 10) ENAMINATION OF THEABSTRACT OF TITLE WILL HAVETO BE MADETO DETERMINE RECORDED INSTRUMENTS, IFANY,AFFECTINGTHIS PROPERTY. Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the si°rting party or parties. EARINGS WHEN SHOWN ARE REFERRED TO AN ASSUMED VALUEOF SAID .PB- 5 PAGE 25 LOCATION SKETCH SCALE: NTS ,N.E. 39th STREET J). 54 53 52 51 I 50 49 • OI I . C 1 / 41 42 43 j4/ .4 -v'ri,4 ME. 38th STREET 20 N PROPERTY ADDRESS: 455 N.E. 38TH ST., MIAMI, FL. 33137. LEGAL DESCRIPTION: LOTS 44 45 - 46 & 47 LESS THE SOUTH 2.25' OF SECOND AMENDED PLAT OF MAGNOLIA PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 OF THE PUBLIC RECORDS MIAMI-DADE COUNTY, FLORIDA BLOCK SUBDIVISION AT PAGE 25 i HEREBY CERTIFY That the survey represented theteon meets the minimum technical requirements adopted by theSTATE OF FLORIDA Board of Land Surveyors pursuant to Section 472.027 Florida Statutes. There encroachments. overlaps, easements ppear gAon the plat or visible easements other than a _shown (305) 865-1200 ADIS N. NUNEZ REGISTERED LAND SURVEYOP, DATE, SCALE: STATE OF FLORIDA#5924 7/9/13 t•=20' SINCE 1987 ; BLANCO SURVEYORS INC. Engineers • Land Surveyors • Planners • LB # 0007059 555 NORTH SHORE DRIVE MIAMI BEACH, FL: 33141 Emcril-sancost;vey„rslnoCyaboo.com Fax: {305) 865-7810 fg FLOOD ZONE % PANEL: 0183 S • L.. DATE: 9 11 09 BASE: N. A COMMUTY#' 120650 DWN. BY: JOB No F. Blanco _ - 13-549 Ire City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-00863zc1 Final Action Date: 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 FROM "T4-R" GENERAL URBAN ZONE - RESTRICTED TO "T5-O" URBAN CENTER ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3801 BISCAYNE BOULEVARD ("T4-R" PORTION ONLY) AND 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY 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 denial. See companion File ID 09-008631u1. PURPOSE: This will change the zoning for a portion of the above properties from "T4-R" General Urban Zone - Restricted to "T5-O" Urban Center Zone - Open. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on December 2, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R- by a vote of _ to _ (_-_), item No. _, recommending of the Zoning 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 zoning classification as hereinafter set forth; WHEREAS, the proposed zone change is in harmony with the requested land use pattern and the adjacent and nearby districts; WHEREAS, the proposed zone change is not out of scale with the needs of the neighborhood or the city; WHEREAS, changing conditions make the passage of the proposed change necessary; WHEREAS, there are substantial reasons why the use of the property is unfairly limited under existing zoning; City of Miami Page 1 of 3 File Id: 09-00863zc1 (Version: 2) Printed On: 11/23/2015 File Number: 09-00863zc1 WHEREAS, the proposed rezone will contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; WHEREAS, the propose change will convey the same treatment to the individual owner as to the owners within the same classification and the immediate area and furthers the protection of the public welfare; 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 * * this change of zoning classification 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. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification of approximately .75 acres from "T4-R" General Urban Zone - Restricted to "T5-O" Urban Center Zone - Open, for the property located at approximately 3801 Biscayne Boulevard and 455 NE 38th Street, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective 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: VICTORIA MENDEZ CITY ATTORNEY Footnotes: City of Miami Page 2 of 3 File Id: 09-00863zc1 (Version: 2) Printed On: 11/23/2015 File Number: 09-00863zc1 {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: 09-00863zc1 (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