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Home My WebLink AboutPZAB 3-18-15 Supporting DocumentationFile ID: Title: PZAB.5 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-00057zc Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-O "SUB -URBAN TRANSECT ZONE OPEN" TO T4-O "GENERAL URBAN CENTER TRANSECT ZONE OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] Applicant(s): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC 1500 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131 305-358-6300 Purpose: This will allow a change in the zoning designation for the above property from T3-O to T4-O. Finding(s): Planning & Zoning: Recommended denial. See companion File ID 15-000571u. Planning, Zoning and Appeals Board: March 18, 2015 City of Miami Planning and Zoning Department Division of Land Development ANALYSIS FOR CHANGE OF ZONING FILE ID: 15-00057zc APPLICANT: David J. Coviello, on behalf of 1300 Coral Brickell LLC (the "Owner") PROJECT ADDRESS: 1300, 1312 SW 22nd Street, and 2240 SW 13th Ave. ZIP: 33145 NET OFFICE: Coral Way COMMISSION DISTRICT: District 3 GENERAL INFORMATION: REQUEST: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant is requesting a change of zoning for a parcel zoned T3-O "Sub -Urban Transect Zone -Open" to T4-O "General Urban Center Transect Zone". The subject property is located within the Coral Way NET area. "Although the Property in its entirety is included for purposes of the Application, only the portion of the Property with an address of 2240 SW 13th Avenue (the "Subject Parcel") is being proposed for a comprehensive plan amendment and rezoning". The subject parcel is a corner lot approximately 0.344 acres, located on the southeastern corner of the block bounded by SW 21st Terrace to the north, by SW 13th Avenue to the east, by SW 22nd Terrace to the south and by SW 14th Avenue to the west. (Complete legal description is on file with the Hearing Boards Section). BACKGROUND: The subject property (identified in Table 1 as parcel # 3) was previously zoned R-2 "Two - Family Residential" under Zoning Ordinance 11000 and was subsequently rezoned on April 2010 under Miami 21 to Urban Transect Zone "T3-O", keeping the character of the area to the south of SW 22nd Street. The subject parcel currently provides a surface parking to serve the two other parcels to the north, designated T6-8-O, which are part of this request for application purposes only, as follow: 1 Taken from the applicant's letter of intent, dated on 1/15/15. I * I![tl6tiil It 4 l 0 R ``W�SAU1tti4�j City of Miami Planning and Zoning Department Division of Land Development TABLE 1. PROPERTIES: DESCRIPTION AND REQUEST NET DISTRICT OFFICE: Coral Way NET # Folio Address Area Luc , Req d FLUM Zoning classification Sq ft ± Acre Current Proposed Current Proposed 1 0141390072520 1300 SW 22nd Street 12,519 .287 No Restricted Commercial No Change proposed T6-8-0 (Urban Core Transect Zone - Open) No Change proposed 2 0141390072530 1312 SW 22nd Street 5,850 .134 No Restricted Commercial No Change proposed T6-8-0 (Urban Core Transect Zone - Open) No Change proposed 3 0141390072531 2240 SW 13th Ave 14,976 .344 Yes Duplex - Residential Low Density Restricted Commercial T3-0 (Sub -Urban Transect Zone - Open) T4-0 (General Urban Transect Zone - Open) - Total 33,345 .765 - - - - City of Miami Planning and Zoning Department ' Division of Land Development 1 COMPREHENSIVE PLAN: woo The subject parcel is zoned T3-O and is consistent with the surrounding zoning to the West and South, conforming a well -established duplex residential neighborhood. The requested 0„.., zoning designation of T4-O is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of Duplex — Residential, which requires for a land use change. As such the applicant has submitted a companion item identified with the file ID No. 15-000571uwith this request to amend the land use designation for the subject parcel. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T3-O (Sub -Urban Transect Zone - Open) Surrounding Properties NORTH: T6-8-O (Urban Core Transect Zone - Open) EAST: T6-8-O (Urban Core Transect Zone - Open) SOUTH: T3-O (Sub -Urban Transect Zone - Open) WEST: T3-O (Sub -Urban Transect Zone - Open) FUTURE LAND USE DESIGNATION Medium Density Restricted Commercial Maximum of 18 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Restricted Commercial Maximum of 150 D.U. per acre Duplex - Residential Maximum of 18 D.U. per acre Duplex - Residential Maximum of 18 D.U. per acre 15-00057zc Page 3 of 7 City of Miami Planning and Zoning Department Division of Land Development -14k*, 1r AZ ANALYSIS: I ` The following is a review of the request pursuant to the rezoning criteria in Article 7, Section 7.1.2.8 (a)(3) & (f)(2) of Miami 21. The Background section of this report is hereby r incorporated into the analysis and its corresponding criteria by reference: Criteria A rezoning may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and building heights. Analysis: The subject property is proposed for a successional up -zoning from T3-O to T4-O in a well -established neighborhood, however, the proposed rezoning will double the allowed density from 18 DU/acre in T3-O to 36 DU/acre in T4-O. Even though the proposed rezoning provides a transition in height and intensity from SW 22nd Street to the south, this rezoning will result in an undesirable spot zoning altering the character of SW 22nd Terrace and to the duplex residential neighborhood to the south. Finding: The request is inconsistent with the goals of the Miami 21 Code Criteria Miami 21 Code, Section 2.2.5.8 Where boundaries occur within a parcel of land comprising more than one Lot, the Lots shall be developed separately according to the assigned Transect Zone Analysis: The subject parcel, parcel No.3 as identified in Table 1, currently provides a surface parking to serve parcels 1 and 2 located to the north. This use is not allowed under the current zoning classification and the City of Miami records does not show proof of permit issuance for the current use. Rezoning the subject property to T4-O will result in spot zoning within a T3-O neighborhood and will allow more intense uses such as, but not limited to, entertainment establishment, food service establishment, alcohol beverage service establishment, and general commercial. There is no project or covenant associated to this rezoning request. Finding: Staff finds the proposed zoning request to be inconsistent with the goals of the Miami 21 Code, as the request is not compatible with the adjacent zoning districts to the west and south. 15-00057zc Page 4 of 7 City of Miami Planning and Zoning Department Division of Land Development In regards to the uses allowed, "Table2. Excerpt of Article 4 Table 3 of Miami 21 Code" shows how the new uses will impact the surrounding area with the proposed rezoning. Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code INC0RPg0RP 1Ptcmgc rr DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK LODGING BED & BREAKFAST INN OFFICE OFFICE COMMERCIAL ENTERTAINMENT ESTABLISHMENT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY 9 9 18 R R R R R R R R R R R E E E E E E 36 36 36 R R R R R R R R R R R R R R R E E R R R R R W R R R R R R R R E E R R W W E R R E R R 15-00057zc Page 5 of 7 City of Miami Planning and Zoning Department Division of Land Development 1,\V Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (Cont...) * INCORPORO 18 4 c �1. CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MARINA PUBLIC PARKING TRANSIT FACILITIES EDUCATIONAL CHILDCARE ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL CONCLUSION: w w w E E E E E E E E E w w w w w E w w w w w w E w w E E E E E E E E E E E R R E The Department of Planning and Zoning recommends denial of the applicant's request for a change of zoning. The proposed change of zoning is an intrusion of a higher density and intensity, as well as a higher variety of uses in a well -established residential neighborhood. As such, the proposed request would result in spot zoning as there is no T4-O adjacent to the property. Furthermore, there is no project or covenant associated to this rezoning request showing intent to mitigate the impact associated with the requested rezoning. Staff finds the zoning request is inconsistent with the goals of the Miami 21 Code as the request is not compatible with the surrounding zoning districts nor provides an appropriate zoning transition. 15-00057zc Page 6 of 7 City ot. Plannitig *fd Zoning Department Divi ilonr,of Land Development Pursuant to -Article 7, Section 7:;1 2: of Ordinance 13114, as amended on the aforementioned findings, the Planning & toning; Department recommends denial of the proposed rezoning as presenfiec I{` V y_° f n<r Crust Chief rim 3/4/2015 S. Garrido 15.00057zc Page 7 of 7 Analysis for ZONING CHANGE File ID: 15-00057zc Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ ® ❑ b) The proposed change is in harmony with the established land use pattern. ❑ ® ❑ c) The proposed change is related to adjacent and nearby districts. ® ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ❑ ® ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. MIAMI 21 ZONING MAP (EXISTING) 21 ST STi I: U) ) SW 21 ST ST SW 21ST-TER 113 =O— \ Cor'\\o s\ Beautificatin 1Maste \ Plan SW 21 ST ST T3 -1R 4-R U) SW-22ND1ERX►�� flHT- 23Rp TER I-- M W x N Nt‘ls\)‘ SW22ND S' T6-8 O t � S� SW 23RD ST ikusi Coconut.Grove; Neighborhood Conservativ"- ..... Disni SNP 0 150 300 600 Feet I i 1 ADDRESS: 2240 SW 13 AV MIAMI 21 ZONING MAP (PROPOSED) V 21ST S 1— CV) ( SW21STST .SW21ST--TER\ T3 =0 ; \\\\\\\ "` ` ` Coral\Way\ W�12NDST Beautification Master,Plan Sk a \_ N\ \T4=0 \.. _� SW22ND7ER ,T3-0, V 23RD TER T3-iR w SW 21 ST ST s!' SW,22ND S' SW 23RD ST 'itt. Coconut -Grove:: ��Neighborhootd; .... `ConservatirpR cDis:ni S�'!� 0 150 300 600 Feet ADDRESS: 2240 SW 13 AV 0 150 300 600 Feet ADDRESS: 2240 SW 13 AV City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00057zc 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 T3-O "SUB -URBAN TRANSECT ZONE OPEN" TO T4-O "GENERAL URBAN CENTER TRANSECT ZONE OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 15-000571u. PURPOSE: This will allow a change in the zoning designation for the above property from T3-O to T4-O. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 18, 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; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 from T3-O "Sub -Urban Transect Zone Open" to T4-O "General Urban Center Transect Zone Open", for the property located at approximately 2240 Southwest 13th Avenue, 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. City of Miami Page 1 of 2 File Id: 15-00057zc (Version: 1) Printed On: 3/6/2015 File Number: 15-00057zc 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(3)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ 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 2 of 2 File Id: 15-00057zc (Version: 1) Printed On: 3/6/2015 Exhibit "A" Address: 2240 S.W. 13th Street, Miami, FL 33145 Legal Description: Lots 36 Thru 39, Block 60, Less the West 28 feet in Block 60, EAST SHENANDOAH, according to the Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. SHUTTS BOWEN LLP Founded 1910 DAVID J. COVIELLO PARTNER (305) 415-9437 Direct Telephone (305) 415-9837 Direct Facsimile February 20, 2015 VIA HAND DELIVERY Mr. Francisco Garcia City of Miami, Planning Director Planning Department 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 E-MAIL ADDRESS: dcovielto@shutts.com Re: 1300 Coral Way Brickell, LLC / 1300, 1312 SW 22nd Street, and 2240 SW 1.3th Avenue / Revised Letter of Intent and Applications for Comprehensive Plan Amendment and Rezoning Dear Mr. Garcia: On behalf of 1300 Coral Brickell LLC (the "Owner"), we respectfully submit the enclosed applications for a comprehensive plan amendment and rezoning (collectively, the "Application") of the properties located at 1300, 1312 SW 22nd Avenue, and 2240 SW 13th Avenue, Miami, Florida (collectively, the "Property"). The Property is under single ownership and will be tied together by Unity of Title, a copy of which is enclosed as Exhibit "A." Although the Property in its entirety is included for purposes of the Application, only the portion of the Property with an address of 2240 SW 13t'' Avenue (the "Subject Parcel") is being proposed for a comprehensive plan amendment and rezoning: The remaining Property along Coral Way will retain the same zoning classification and land use designation. As more fully outlined herein, the Owner desires to develop the Property with a mixed -use residential project. The approval of this Application will enable that development. The Property, which is located at the southwest intersection of SW 22nd Avenue ("Coral Way") and SW 13t Avenue, is approximately 0.6857 acres or 29,869 square feet in area. The portions of the Property fronting Coral Way are developed with a three (3) story office building MIADOCS 10321331 2 1500 Miami Center a 201 South Biscayne_ Boulevard,_Miami, Florida 3313.1 !_ph_305.358.6300 !_fx_305.381.9982 • www.shutts.comt MIAMI FORT LAODERDALE WEST PALM BEACH ORLANDO TAM PA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia February 20, 2015 Page 2 and a two (2) story commercial building, respectively. The Subject Parcel is utilized as a surface parking lot. Per Miami 21, the Subject Parcel is zoned T3-O. The Owner proposes a rezoning of the Subject Parcel from T3-O to T4-O pursuant to successional zoning requirements of Article 7.1.2.8 of Miami 21. The remaining Property along Coral Way will remain T6-8(0). The City's Future Land Use Map ("FLUM") designates the Subject Parcel as "Duplex Residential." The Owner proposes an amendment to the FLUM changing the land use of the Subject Property from "Duplex Residential" to "Low Density Restricted Commercial." The remaining Property along Coral Way will remain "Restricted Commercial." As mentioned above, the Property is located at the southwest intersection of Coral Way and SW 13th Avenue. Over the course of the past several years, Coral Way has seen a transformation from a commercial corridor to a revitalized mixed -use area, including the redevelopment of land with high-rise and mid -rise, mixed -use residential projects. The Owner wishes to continue that trend and proposes an 8-story condominium with a total of 61 residential units and amenities, commercial space, and requisite parking. The ground floor fronting on SW 22nd Avenue and SW 13th Avenue will be activated with commercial/retail uses servicing the neighborhood. The 8-story structure will be located solely within the portion of the Property currently zoned T6-8(0). The improvements located on the Subject Property (i.e., parking, low- rise residential units and amenities) will be developed in accordance with the T4-O regulations, thus providing an appropriate buffer between the remainder of the Property zoned T6-8(0) and the property located to the west zoned T3-O. The Application is consistent with the City's vision for Coral Way as set forth in the Coral Way Beautification Master Plan. Generally, the vision identifies Coral Way as a place that provides a mix of living, working, shopping, and entertainment uses, and a place that provides a variety of housing for all income and age groups. Specifically, the Property is located within the "Center Zone," which is the area containing the most intense level of activity, determined by the larger buildings, the most opportunity for pedestrian activity and interaction, and the widest range of uses. The Center Zone contains many of the new high-rise and mid -rise buildings with ground floor commercial/retail space mentioned above. An analysis of the surrounding properties within a one-half mile radius of the Property, and more particularly the properties located on both sides of the street extending 300 feet from the Property, indicate that Coral Way is primarily zoned T6-8(0) and land use designated "Restricted Commercial" on the FLUM. There are a mixture of uses, including commercial/retail and mixed -use residential. See photos attached as Exhibit "B." To the north of Coral Way, certain properties are zoned T4, which provides an appropriate transition to the T3 residential areas further north. On the south side of Coral Way, the transition is lacking with T3- MIADOCS 10321331 2 1500 Miami Center • 201. South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST 'PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia February 20, 2015 Page 3 O immediately adjacent to the T6-8(0). To the east of the Property along SW 13th Avenue, the T6-8(0) extends beyond Coral Way south to the entire block. Therefore, unlike other T3-O properties located behind the T6-8(0) areas of Coral Way, the Subject Property also lies adjacent to T6-8(0) along SW 13th Avenue. As shown below, because the Subject Property is uniquely situated behind and adjacent to T6-8(0), along both Coral Way and SW 13th Avenue, development of the Subject Parcel with uses currently permitted in T3-O (i.e., single family/two- family residential) would not be feasible. The rezoning to T4-O, and the inclusion of the Subject Property for purposes of providing parking and amenities (along with additional low-rise residential units) to serve the principle development on the T6-8(0) portion, is consistent with general planning principles and the purpose and intent of Miami 21 (i.e., transitional zoning and the provisions of Sections 2.1). Because the improvements located on the Subject Property will be developed in accordance with the T4-O regulations, there will be an appropriate buffer between the remainder of the Property zoned T6-8(0) and the property located to the west zoned T3-O. In addition to the limiting parameters of the T4-O, the Owner will provide additional buffering and landscaping adjacent to the T3-O land. The Application is compatible with the following goals and objectives of the City's Comprehensive Plan: • Policy LU-1.1.7 — 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 commercial facilities in a walkable area that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass MIADOCS 10321331 2 1500 Miami Center 201._South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO 'PAMPA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia February 20, 2015 Page 4 transit • Policy-LU-173-15--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. • 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" though land development regulations. • Policy LU-1.6.9 — The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements. • Policy HO-2.1 — Design and create pedestrian friendly environments and neighborhoods with varied housing prototypes and amenities catering to persons of diverse social, economic and cultural backgrounds, with a variety of urban housing types for persons of all income levels including those of extremely low, very low-, low-, and moderate -income households (in accordance with the current standards and regulations of HUD and the State of Florida) provided in a walkable, mixed -use, urban environment. By transitioning-the-zoning-between the T6-8(0) and the T3-O,- approval -of-the Application will facilitate the redevelopment of the Property with an appropriate mix and intensity of uses, while providing the necessary transition buffer. This transition minimizes land use conflicts with the adjacent residential area. As mentioned above, the Coral Way corridor has seen a redevelopment pattern that promotes a mixture of uses, including mixed -use residential projects. The approval of the Application will enable that trend to continue. We look forward to presenting this Application to the Planning, Zoning and Appeals Board with the City's favorable recommendation. In the meantime, if you have any questions or require anything further, please do not hesitate to contact me. MIADOCS 1032133I 2 1500_Miami Center_ 2OLSouth_Biscayue 13ou1evard, Miami, Florida 3313]. • ph 305.358.6300 • fir 305.381.9982 • wwwshutts.coxn MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia February 20, 2015 Page 5 Enclosures cc: Mr. Americo D'Agostini Alexander I. Tachmes, Esq. Sincerely, Shutts & Bowen LLP David J. Coviello MIADOCS 10321331 2 1500-Miami Center ± 201- South -Biscayne -Boulevard, -Miami, Florida_33131 • ph 305.358.6300 *1x_305 381 9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE. AMSTERDAM EXHIBIT A Unity of Title This instrument was prepared by and, after recording should be returned to: David J. Coviello, Esq. Shutts & Bowen LLP 201 South Biscayne Boulevard 1500 Miami Center Miami, Florida 33131 Folio Numbers: 01-4139-007-2731 01-4139-007-2520 01-4139-007-2530 (Space above reserved for Clerk) UNITY OF TITLE WHEREAS, the undersigned, 1300 Coral Brickell LLC, a Delaware limited liability company ("Owner"), is the owner of the property legally described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (the "Property"); and WHEREAS, the Owner recognizes and acknowledges that for the public health, welfare, safety or morals, the Property should not be divided into separate parcels owned by several owners so long as the same is put to the hereinafter use. THEREFORE, in consideration of the land use re -designation and re -zoning of 2240 SW 13"' Avenue and for other good and valuable consideration, the Owner hereby agrees to restrict the Property as described more fully below. Title to the Property_shall be considered as one plot and parcel of land and that no portion of the Property shall be sold, transferred, devised or assigned separately, except in its entirety. Notwithstanding anything contained in this Unity of Title to the contrary, nothing shall prevent, limit or restrict (i) the leasing and/or sub -leasing of portions of the Property from time to time to separate entities or persons nor the transfer of such leasehold and/or sub -leasehold estates, (ii) the granting of separate mortgages, or other similar encumbrances, (iii) the creation of a multiple unit condominium building on the Property, (iv) the sale and conveyance of any condominium units, or (v) the conveyance of any portion of the Property to a municipality or governmental entity for right-of-way purposes. THEREFORE, the Owner further agrees that the above conditions, restrictions and limitations shall be deemed as covenants running with the land and shall be recorded, at the Owner's expense, in the Public Records of Miami -Dade County, Florida. This Unity of Title shall remain in full force and effect and be binding upon the Owner, its heirs, successors, personal representatives and assigns and upon all mortgagees or lessees until such time as the same may be released or modified in writing by the City of Miami Zoning Administrator or his/her designated MIADOCS 10322884 1 representative in the event he or she determines the Unity of Title is no longer necessary for the purpose described herein, which release or modification shall not be unreasonably withheld. IN WITNESS WHEREOF, the Owner has signed this document on the day of January, 2015. Witness: 1300 Coral Brickell LLC, a Delaware limited liability company f Print Naine: Db,4 v/p vt By: Name: Title: an C. PCc--C Print Name: cb Me1UCo &• D iosi1nil STATE OF Ei 0Y 0d ) ) ss COUNTY OF 1 M " 10Cl'Qcj� The foregoing instrument was acknowledged before me this I day of January, 2015, by 16\er Y1 C �• Aq oSt'l TIVI of 1300 Coral Brickell LLC, a Delaware limited liability compa y n behVlf of the company. '?!?i7c he • is personally known to me or presented FL .a(ive 'C' as identification. D atito SNOT RY P BLIC, State of (mac, Print NameDU 3[) ( OCL Commission No.: Commission Expires: (SEAL) a 4 4 AL a a a A a .. ...a �.lfiir :",,, SUSAN C. MACET �'-; NotaryPublic - State of Florida .._ E My Comm. Expires Feb 11, 2016 :5+ =17 :' Commission # EE 161755 ''''idiri • bonded Through National Notary Assn. MJADOCS 10322884 1 Approved as to Legal Form and Correctness: Victoria Mendez, Esq., City Attorney Irene S. Hegedus, Zoning Administrator MIADOCS 10322884 1 Exhibit "A" Address: 1300 S.W. 22nd Street, Miami, FL 33145 Legal Description: Lots 1 Thru 4, Block 60, EAST SI-IENANDOAH, according to the Plat thereof as recorded in Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. *** Address: 1312 S.W. 22nd Street, Miami, FL 33145 Legal Description: Lots 5 Thru 6, Block 60, EAST SHENANDOAH, according to the Plat thereof as recorded in Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. *** Address: 2240 S.W. 13th Street, Miami, FL 33145 Legal Description: Lots 36 Thru 39, Block 60, Less the West 28 feet in Block 60, EAST SHENANDOAH, according to the Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. MIADOCS 10322884 1 EXHIBIT B Photos of Surrounding Properties View of Subject Prooertv from intersection of SW 13th Avenue and Coral Wav View from SW 13th Avenue of adiacent nronerty to east View of Coral Way looking east Coral Way near intersection with SW 3rd Avenue View of Coral Wav Iookina west Coral Way looking west View of Coral Wav Iookina west. aooroaohina SW 14th Avenue ..imIl Coral Way west near intersection with SW 14th Avenue REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-203r— www.miamiqov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assistincyou�:': with our public hearing process. Please feel free to contact us, should you have any questidi`5. 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 (8Yx11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR 'CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2013 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Santiago D. Echemendia, Esq. and David J. Coviello, Esq. on behalf of 1300 Coral Brickell LLC 2. Subject property address(es) and folio number(s): 2240 SW 13th Ave. (Folio No. 01-4139-007- 2731); 1300 SW 22nd St. (Folio No. 01-4139-007-2520); and 1312 SW 22nd St. (Folio No. 01-4139- 007-2530) 3. Present zoning designation(s): T3-0 (2240 SW 13 Ave.); T6-0-8 (1300 & 1312 SW 22nd St.) 4. Proposed zoning designation(s): T4-0 (2240 SW 13 Ave.) 5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the present zoning designation is inappropriate and proposed zoning designation is appropriate. 6. One (1) original, two (2) 11x17" copies and one (1) 8'/zx11 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. Rev. 07-2013 3 MIADOCS 10317825 1 REZONING PROCEDURE The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally in which the rezoning may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next -higher Transect Zone; or through a Special Area Plan, as specified in Article 7 of Miami 21. Except where the request is for an extension of an existing Transect boundary, no rezoning of land will be considered when the proposal is for a property is less than 40,000 square feet of land area or 200 feet of street frontage on one street. The public hearing process for a Rezoning will require appearing before the Planning, Zoning and Appeals Board (PZAB) and the City Commission. Applications for Rezoning will be considered by the City Commission two times per year. The dates are April and October. Pre -Application Phase 1. Applicant may consult with the Zoning (4th Floor), Planning (3rd Floor) and Hearing Boards (3rd Floor) for informal guidance at anytime. 2. The Planning and Zoning Department will schedule a date for the pre -application meeting with representatives from the department to obtain information and guidance related to the proposed application; the pre -application meeting shall take place no later than 15 days prior to submittal of application. 3. At the pre -application meeting, staff will validate the survey prepared within six months from date of application. The applicant will be provided with a zoning referral and application materials. Technical Review Phase 4. The Planning and Zoning Department will review the preliminary application and supporting materials for completeness. Application Phase 5. Applicant meets with the Hearing Boards to review application package prior to acceptance. (See attached instructions and application.) 6. In order to be scheduled for the PZAB, the prospective applicant shall submit the application and supporting documents for review and verification of completeness, and Hearing Boards will issue an invoice for payment of the required fees for public hearing. 7. Hearing Boards accepts, time stamps and initials application and schedules item for an upcoming PZAB hearing. Rev. 07-2013 1 MIAnncs 1(1R17R751 REZONING APPLICATION 17. What is the acreage of the project/property site? Approx. 29,869 SF (0.6857 acre) 18. What is the purpose of this application/nature of proposed use? Rezoning property for mixed -use residential project. 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. No 20. Is the property within the boundaries of an Environmental Preservation District? 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: ❑ Planning, Zoning and Appeals Board 15mins. and/or ❑ City Commission 15 mins. 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 $ .50 Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 1,500.00 $ 150.00 $ 4.50 $ 6.00 *Fees over $25, 000.00, shall be paid in the form of a certified check, cashier's check, or money order. Signature Name Telephone 305-415-9437 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE David J. Coviello Address 201 S. Biscayne Blvd., Suite 1500 Miami, FL 33131 E-mail dcoviello(a�shutts.com The foregoing was acknowledged befor- me this I 3 day of January, 2015, by David J. Coviello who is a(n) indi : - the + - • - - orporation of 1300 Coral Brickell LLC a(n) individual/partnersh' : cor • or. ' • n. He/She is ersonali known to mor who has produced _ as identification and who did (di not) take an Bath. (Stamp) Rev. 07-2013 �o•• r"'r'► SUSAN C. MACET A ` I • • Notary Public - State of Florida ' E. My Comm. Expires Feb 11, 2018 6 Commission d` EE 181755 "11,'' '' Bonded Through National Notary Assn. 0 4 MIADOCS 10317825 1 REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared David J. Coviello, 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, II including or ❑ not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. David J. Coviello Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged b- e - ,•e this L day of January, 2015, by David J. Coviello who is a(n) individual/partn: 1 corporation . •Q Coral Brickell LLC a(n) individual/partnershi•, orporatio. He/She i .•-rsonall known to me air who has produced as iden l !cation and who did (did not) tak- a 4•ath. (Stamp) — ------- ° ,,,, SUSAN C. MACET r° `c's Notary Public - State of Florida !° f My Comm. Expires Feb 11, 2016 ,,;%oF 7 Commission Al EE 161755 Bonded Through National Notary Assn. Rev. 07-2013 REZONING 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) 1300 Coral Brickell LLC Percentage of Ownership 5-SS 1971'-104-6 EKm6,Y "A" Subject Property Address(es) 2240 SW 13 AVE, 1300 SW 22 ST, and 1312 SW 22 ST 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): None Americo D'Aciostini Owner(s) or Attorney Name Own-. ► • torney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this is 20 (- , by Americo D'Agostini who is 1300 Coral Brickell LLC a(n) individual/partnership or who has produced FL riJers UCm3e go . as iden D ?\3-005-6(91- icy-0 (Stamp) V p'% ; SUSAN C. MA CETT = Notary Public - State of Florida ' " 4 My Comm. Expires Feb 11, 2016 s,±� `� Commission #E EE 161755 ditAos Bonded Through National Notary Assn. corpora to . artner/agen orporation of e/She is personally known to me on and who did (did not) take an oath. Signa ure Rev. 07-2013 miArnrc 10117A75 1 6 EXHIBIT A 1300 CORAL BRICKELL, LLC Name of Member Initial Percentage Interest Emilia Giusti Roberto DiLanzo Patricia Giusti Maurizio DiLanzo 25.00 25.00 25.00 25.00 MIADOCS 10327448 1 Applicant Nar `r-put9°�rrw`rl QreverC CifIC1orb A i I. co on N Applicant Emai Address V f t Project Street Address km -(co Pre -Application Meeting Assisted Living Facility ❑ Principal Frontage ❑ Other: Date �•�� --24 Folio Numb r Say - 72-'T o2- Applicant Phone Number 1 To BE COMPLETED BY THE OFFICE OF ZONING} T -Q+co Ilk) Transect Zone Type of Pe it Requested - Code Section Summary of Request erral i sued by: eksecuJ 12.6,13,11 CITY OF MIAMI OFFICE OF ZONING Ph: 305-416-1499 444 SW 2nd Ave 4th Floor Miami, FL 33130 www.miamigov.com/zoning -r 4-- Date • 1-40IP ittATE# * • PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING December 29, 2014 Ralph Puig, ALA RALPH PUIG ARCHITECTS 175 SW 7th Street, Suite 1712 Miami, FI. 33130 Re: 2240 SW 13th Avenue / Application PR-14-167 Existing Zoning Designation: T3-O / Net District: Coral Way Dear Mr. Puig: During our Pre -application meeting on December 24, 2014, you presented the following request: Request for Rezoning. The proposal is to change the zone from T3-0 to T6-8-0 for a land area of 14,976 square feet which has approximately 118 linear feet of street Frontage on one street. The abutting transect zones are T3-0 and T5-R Based on the request, staff has prepared the following comments. Please note, that said comments are not to be construed as a recommendation of approval. Staff's comments are: 1. Pursuant to Article 7, Section 7.1.2.8 (3) the proposed rezoning of a portion of the Lot located at 2240 SW 13th Avenue, from T3-O to T6-8-0 does not qualify as successional zoning change. The request does not comply with the Miami 21 requirement pursuant to Article 7, Section 7.1.2.8 (3) (c) (1) to allow an application for rezoning in that, it does not represent an extension of an existing Transect boundary, it is less than 40,000 square feet of land area, and the Lot does not have 200 feet of street Frontage on at least one street. As proposed, this is not a valid request and may not be submitted for Rezoning. 2. The applicant may confer with the Zoning Administrator, Irene Hegedus, at 305.416.1499 for an official determination. 3. Be advised, that the Planning and Zoning Department reserves the right to make recommendations pertaining to which Transect Zone will yield the most coherent zoning pattern in the context of the immediate vicinity. The City of Miami reserves the right to comment further on the project as details and/or explanations are provided and may revise previous comments based on this supplementary information. 444 SOUTHWEST SECOND AVENUE, THIRD FLOOR, MIAMI, FL 33130 305.416.1400 - WWVV.MIAMIGOV.COM The Planning and Zoning Department reviews Permit proposals based VD WYiQO1i 21 and City Code. FurthermoFg, the proposed Zone Change is subject hJreview and compliance with the requirements of all City departments, as applicable. OacouWine Ellis �'�l Oz Derrick Cook, Plan Coordinator, Pamela Stanton, Zoning Plans Pmnooenr Christine H*m.Hearing Boards Coordinator Antonio Perez, Land Use Chief 2240SVV13Ave PR14-167 Pna,App|icoboncommenta Page lezoning Pro 2015 Calendar Year The following is the semi-annual cycle calendar for Rezoning and Future Land Use amendments for Planning, Zoning and Appeals Board (PZAB) Applications as per City Code Section 62 - 8 "Procedures for Amending the Comprehensive Plan" and Section 7.1.2,8 of the Miami 21 Code. See back-up resolutions and ordinance Application Submitted to Hearing Boards On or before January 16, 2015 Pre -Application Meeting Deadline December 23, 2014 ;Applications may be heard by PZAB On or before second meeting in March 20 Application will be scheduled for: ;City Commission [First Reading] LandUse and Rex ►tng Cycle - Se Application Submitted to Hearing Boards Second meeting in April 2015 On or before July 17, 2015 Pre -Application Meeting Deadline June 26, 2015 :Applications may be heard by PZAB Application will be scheduled for: City Commission [First Reading] On or before second meeting in September 2015 Second meeting in October 2015 http://www.miamigov.comMearing_Boards/Deadlinesasp 2240 SW 13 Ave PR14-167 Pre -Application comments Page 3 01/13/2015 11:41 9544366112 PETER M. LOPEZ, P.A. #2326 P.002 /014 CERTIFICATE OF FORMATION OF LIMITED LIABILITY COMPANY State of De3.aavare Secretary of State Division o atjcaas De►L#vox,ed 01: T 0 1 06/25/2014 1722D 12:50 EN 0,5/25/2014 SRV 140882443 - 5538078 FILE FIRST: The name of the limited liability company is 1 300 CORAL BRICKELL, LLC SECOND: The address of its registered office in the State of Delaware is 2711 Centerville Road, Suite 400 Wilmington, Delaware 19808, County of New Castle. The name of its registered agent at such address is The Company Corporation. IN WITNESS WHEREOF, the tmdersigned has executed this Certificate of Formation this 25th day of June, 20I4. The Company Corporation, Organizer By: Ls/ William Bartz William Bartz Assistant Secretary 11111111111111011111111111111111111111111111 THIS INSTRUMENT PREPARED BY: Peter M. Lopez, Esquire PETER M. LOPEZ, P.A. 1911 NW 150th Avenue, Suite 201 Pembroke Pines, Florida 33028 Property Appraisers Parcel Identification (Folio) No.(s): (Reserved) WARRANTY DEED CFN 2014-R0524.64+0 OR Bk 29244 Fos 4306 - 4307; (2139s)• RECORDED 07/25/2014 15:37:39 DEED DOC TAX 18,600.00 SURTAX 13r950.00 HARVEY RUVIN, CLERK OF COURT MIAIII-DADE COUNTY, FLORIDA THIS WARRANTY DEED, is made this 2.3 day of , 2014, between FLAGLER PLAZA CENTER LLC, a Florida limited liability company, hose post office address is 1110 Brickell Ave., #505, Miami, FL 33131 (the "Grantor") and 1300 CORAL BRICKELL LLC, a Delaware 1" ite liability company, whose post office address is ill ) V1<) /50 kZo(, 1 tit V ro e ?,ae5, FL 33oZ (the "Grantee"). (Wherever used herein, the terms "Grantor" and "Grantee(s)" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, that certain parcel of real property, situated, lying and being in Miami -Dade County, Florida (the "Property"), as follows: Lots 1, 2, 3 and 4, Block 60, East Shenandoah, according to the map or plat thereof as recorded in Plat Book 14, page 55, of the Public Records of Miami -Dade County, Florida. AND Lots 5 and 6, Block 60, East Shenandoah, according to the map or plat thereof as recorded in Plat Book 14, page 55, of the Public Records of the Public Records of Miami -Dade County, Florida. AND Lots 36, 37, 38 and 39, less the West 28 feet thereof, Block 60, East Shenandoah, according to the map or plat thereof as recorded in Plat Book 14, page 55, of the Public Records of Miami -Dade County, Florida. Book29244/Page4306 CFN#20140524640 Page 1 of 2 OR OK 2924-4- PG 4-307 LAST PAGE This conveyance is subject to the following: 1. Taxes for the year 2014 and all subsequent years; 2. Conditions, restrictions, limitations, easements and all other matters of record without intent of reimposing same; 3. Restrictions and all other matters appearing on the Plat or otherwise common to the subdivision; and 4. Zoning, restrictions, prohibitions, regulations and other requirements imposed by governmental authority and the Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in their names, the day and year first above written. Signed, sealed and delivered in t ;eresence of: ign&P : C Sign : 'ri e t Name: Gina, STATE OF FLORIDA COUNTY OF bivat?r� day of r 2Z. )SS: GRANTOR: FLAGLER PLAZA CENTER LLC, a Florida limited liability compan By: AMERICO D'AGOSTINI, Manager I HE ' BY CERTIFY that the foregoing instrument was acknowledged before me this 23 , 2014, by AMERICO D'AGOSTINI, as Manage` of FL ER PLAZA a Florida limited liability company, on behal he company, ho is personally` who has produced ntification and wo did not take �.,a,,. .v•• PETER M.IAPEZ -' MeMY COMMISSION N EE 867581 ' rat: EXPIRES: Match 7, 2017 1,qF ;• Bonded Thru Notary Pubkc Underwriters i t Name: TARY P Serial No: My Commission Expires: Book29244/Page4307 CFN#20140524640 Page 2 of 2 Schedule A Address: 1300 S.W. 22nd Street, Miami, FL 33145 Legal Description: Lots 1 Thru 4, Block 60, EAST SHENANDOAH, according to the Plat thereof as recorded in Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. *** Address: 1312 S.W. 22nd Street, Miami, FL 33145 Legal Description: Lots 5 Thru 6, Block 60, EAST SHENANDOAH, according to the Plat thereof as recorded in Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. *** Address: 2240 S.W. 13th Street, Miami, FL 33145 Legal Description: Lots 36 Thru 39, Block 60, Less the West 28 feet in Block 60, EAST SHENANDOAH, according to the Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. MIADOCS 10322768 1 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: HOME ADDRESS: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) CITY: STATE: Florida ZIP: HOME PHONE: CELL PHONE: FAX: EMAIL: BUSSINESS or APPLICANT or ENTITY NAME 1300 Coral Brickell LLC BUSINESS ADDRESS: c/o A & D Group Realty (Address Line 1) 1110 Brickell Ave., Suite 505, Miami, FL 33131 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Approval of rezoning and comprehensive plan amendment for properties located at 2240 SW 13 AVE, 1300 SW 22 ST, and 1312 SW 22 ST. 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. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/A 5. Describe what is being requested in exchange for the consideration. N/A ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the sa e issue shall be reviewed or considered by the applicable board(s) until expiration olia period of one year after the nullification of the application or order. :• PERSON SUBMITTING DISCLOSURE: J Signature Americo D'Agostini Print Name Sworn to and subscribed before me this 1, day of ( 201 15. The foregoing instrument was acknowledged before me by (L'CICC) . 4 O W-11 , who has produced F-L....Dri V. L1C•b2t• OO5'0lay-O as identification and/or is personally kno4vn to me and who did/did not take an oath. STATE OF FLORIDA 1 i CITY OF MIAMI Al / MY COMMISSION N tary EXPIR .:,,sk.SUSAN C. It1AC T a C , a Ce • ,�`t'+ Notary Public - Sat • t ono Print Name Enclosur I k' ' : My Comm. Expires Feb 11, 2016 --..--d,- Commission N EE 161755 Doc. No.:86543 ,',,,, ; :,�' Bonded Thrnnah National Waryy a Page 2 L0T-7 S ELDON-60 n _oz Aevorm¢- L01-35 BLOCK -fie 1 ... -_.` 53. L GRAPHIC' SCALE 1I �I 'L ,l44 °- a LOT-30 1 MOCK-60J Lola? BLOCK-60 IN Inch _OOa 1L 1 A914711..01 I) I w I`P !mil '9 gPmm1� a1 ;+;96s 1 • I I I BLOCK-60 I 0.3,_ 1 ArA r'i ?e.o•..„9';-- _ - ___JL 10T-39 5 B IXX-fi0 S ;i.e. I 1 I 1 riplslc &u{� _LL.:L J_ 7615' S.W..23Fd. ALTA/ ACSM LAND TITLE SURVEY A=39.:\ T=25.6 cos / .3s:5o' 66'29'29 A.38.61' 1.24.35' / 'rosip� _yu w i j Qj 25124j 2.31221 21120 26 SURVEYOR'S NOTES: 1) The legoi Desrrplim to the Properly eon a6lehed Nan Tlh Commitment prodded 2) This Certaketion is only for the Iwds as desm'bed. II is not a ceruficafmn o1 title Zonhg. Ea.., or Freedwn of Encumbrmm. OPINION OF TThE. 3) An emMnalbn of l-247meel honed by OLD REPUBLIC NATIONAL 711th INSURANCE COMPANY Camm1ment Nov 01-2014-W4532, effective date. 05/07/2014 4 IHW PM. was made Io detomme ossoaded Sobel. s. If my effecting This Property Hwaver, there moy he 0.9.1 restrictions not shown on this survey that may be found n the Public Retards of fhb County. 11 Accurate The expected use of the land as classified in the Minimum Technlml Slondmds (5J-17-6FAC), s'Residenetd Men gisN'. The minimum relolive distance accuracy for 1. lyoe of boundary survey s I foal in 10,000 feel The accuracy obtained by measurement and 5) f<ul4lion closed amine/re figure as found to exceed this requirement oundations and/or footings That envy cross hes. thbounemy lees od�tne parts M1erein described are not awn hereon 6) Nd vd *mow the iCmlure and :hv origsd raised seal of o Florida licensed Surveyor and earl/IBAdditions lions to survey a r arts by other than the siSmfng party es ore prohibited without .1. consent al IhvKeine party or oodles. 7) ZONING INFOMATGK' Zoning Cl5ssl4taltm: 16-6 0 (F.ammerdul Neighborhood Dishicl) Source City of Mloni (wing Amor.. a) B8Kdng Setbacks. front = eel/ Rear = 0 irl / Street Btle = 10 reel / Perim = 6 feet 9) Budding Height Restrict n = 8 stales (existing = 3 stales) 10) Number el Parkin Thews = AI standard .Space do 2 Handicap Spars II) Underground ulliti. ore not depicted on contact a owiele auM1M1daritty pier to design hereon, heredescribed. Surveyor shell tined eons to 12) The surveyor e4e44 dom etermine none fence and/a eel Ownerahp 13) Ownership ...Is b. OK. OF IRE 11) Type of Survey. ALTA/ AGSM LAND 11P.E $DR5'EY North air, shaion 15) ethe plat Thereof us rcecorded in aMt Book 14, ctreon ore based on 'Paget 5.5 el the Pubic Records a al "EAST SHEVADILIONF, carding to 'awl-Done Caunle parka 16) Fir... Dolo Community/ Omd g120650/0314/t Doled September II, 2. Flood lone- Bose RnM Elevation = N/A 17) Ths PLAN OF 444 Shas hem laa the nx luswe ass el Me entitles named Iereon. The. Certillmte does rot extend la y unnamed otele LEGEND - _-__w.,e„•1 ereH,. a°.wno-e Ten veer •k••e - rr- need Femx -aloe sash 1. - O'am fence 69 Copies of this survey es ore Invalid unless embossed with the s of The signing professional surveyor moo- um ewe ® _ = morn and m Sold a basscopes are for tithe specific use oil These entities that the survey hrove been certified le 27 28 S.W. 22,1. S1RCEr CORAL WAY 19 18 29 17116 5 Ie IBI L 0 13 12 11 10 c 11 60 I 30 31 32 33 34 I S.W. 23RD. 'oTREET LOCATION MAP DI, OF Are i7oi io°OscALS NT'' FLORIDA PROPERTY ADDRESS: ap Y ore z: IJ00. I]I2-IJ14 SW 22 777707. H1AAfi. RORIOA ]3145 s 2Z40 SW I3 ANIAMI, FLOW,A 3314 14e Folk Po01 413I-4139-007-2520. 01-4139-007-4530, 01-4139-097-2731 LEGAL DESCRIPTION: ta4. Block 6U I "CAST SHENANDOAH". according to lee plot Theasre de in Plat Beak 1 nt Page 'v51 of The Public Records of as Cour ty, Florida AND Lots 5 and 6. Black 60, at 'EAST SHENANIDOAH", ocrerding to the plat thereof us recorded in Plat Book 14, el Page 551 a the Public Records of Miami -Dade County. Dorttla. AND Lots 36, 37. 39 and 39, LESS the West 28 feel 1 Block 60, of EAST SHENANDOAH", a arding t The plat thereof osa recorded in Plot Beek 14, of Frage 55: of The Public Records oNlomi-Dade County. Florida. Did described parcel el lend containing 29.069 spume Teel (0.6857a/-acres more co ese) TITLE REVIEW NOTES: SCHEDULE B - SECLIOM II TITLE COMMIMENI PROM Y. 1 B OLD REPUBLIC NNA IONA 1`RE INSURANCE COMPANY 01 537. edema awe: Muy 7. 2011 0 11.00 PM Items 1 through 3: "General 6 `;p and FrceplWs" E�'oneconditions, 0In (Des allcSu65818r88mly s7OP WIVE .seinents, w other mailers condoned no IA kd14. age , 55. Public Records of Niami-Dade Count Owt Plot) do e SURVEYOR'S CERTIFICATE: H,} - _ _ u:rmmt tie -.Faun Pu.P PbeR n - - p Kwy,x ROYAL POINT LAND SURVEYORS, INC. eons b .tynl rdeThao vs. Am Do LB No. 7282 non. ${ -rev. HrWmr u .xu,wi•Tho. Peen tot Ironame THIS SURVEY CERTIFIED 10. - FLAGLER PLAZA CENTER, TLC, o Florida Limited Lioblllty Company - LAW OFFICES OF PETER M. LOPEZ. P.A. - OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This is certify that this map r Thal and the survey en which it ace with the a201t m Sly l7 . Detail Requirements For ALTA/AGSM Landbased Surveys" jjontlyrd eslabliisbea end Minimum by the American Land Title Ass 3. 4,n (ALTA) d The Notional society of Professional Surveyors (NSPS), sand includes Items #1, 2,03. 6(a), 6(b),n7(0. 7(b1). 7(c). 8. 9. 113. 11(n), 1 , 17. 20(a) and 20(b) of Table "A" thereof. This survey in based an observations and ends err In the field an 06/05/2014, andother infermolton ovatlable at the times the services were renaereead • MsPhord tralrao 1111E •2N' INN =umswn BY: 910 .Cade 8 eo (a) -6.01 eeyn,yq PAB1LL of Fl LFaa SO, Profess 91 =OaeN item Pox Y edcslmrnremel pale of Survey: 06/05/2014 Dale of Last Revision m =lm/Re Sqd Pa (,) .per l81 0k v.n. osead N=vmnwkN vdw SP/R •sd um Pnyy � •11o1�de VEr-0='u'1xv [owr.enl ap7er No. 5880 Survey Performed By ROYAL POINT LARD S. INC 6175 NW 153r0. Street - SUINte 321, Miami Lakes, Flarido 33014 Phone: 305-822-6062/ Fos: 305-827-9669 011 V 0 R DRAWN: J G. M LAND TITLE SURVEY og u. CHECKED. Pal A. SCALE. - 20' FIELD DAIS 06/05/70T4 JOB No. RP 14-133 SHEET 1