Loading...
HomeMy WebLinkAboutPZAB 4-15-15 Supporting DocumentationFile ID: Title: PZAB.2 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-L "GENERAL URBAN CENTER TRANSECT ZONE LIMITED", 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-L. Finding(s): Planning & Zoning: Recommended denial. Item includes a covenant. See companion File ID 15-000571u. Planning, Zoning and Appeals Board: Continued from March 18, 2015 City of Miami -f Planning and Zoning Department .161%:VW *4 jr. ,T 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-L "General Urban Center Transect Zone — Limited". 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 T3-O "Sub -Urban Transect Zone — Open", 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. 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 ± AcreCurrent 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-L (General Urban Transect Zone -Limited) - Total 33,345 .765 - - - - City of Miami Planning and Zoning Department Division of Land Development COMPREHENSIVE PLAN: 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 zoning designation of T4-L is inconsistent with the current Miami Comprehensive Neighborhood Plan (MCNP) designation of Duplex — Residential, which requires a land use change. As such the applicant has submitted a companion item identified with the file ID No. 15-00057Iu with this request to amend the land use designation for the subject parcel. NEIGHBORHOOD CHARACTERISTICS: ZONING FUTURE LAND USE DESIGNATION 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) Duplex - Residential 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 ANALYSIS: 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 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 density, and building heights. Analysis: The subject property is proposed for a successional up -zoning from T3-O to T4-L 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-L. To prevent an adverse impact to the neighborhood, the applicant submitted a restrictive covenant limiting the density of the subject parcel to 18 DU/acre, proposing 3 duplex residential units and a structural garage. Although the proposed rezoning provides a transition in height and intensity from SW 22nd Street to the south, this rezoning will result in an undesirable encroachment of higher intensity into a well -established residential neighborhood, altering the character of SW 22nd Terrace and to the duplex residential neighborhood to the south. Finding: The request is inconsistent with the goals and objectives 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-L not only will allow by right the current use, but will also will allow more intensity limited only by the provisions of the covenant voluntarily proffered by the applicant, which will be good until its expiration date or its revocation. 15-00057zc Page 4 of 7 City of Miami Planning and Zoning Department Division of Land Development Finding: Staff finds the proposed zoning request to be inconsistent with the goals and objectives of the Miami 21 Code, as the request is not compatible with the adjacent zoning districts to the west and south. 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 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 T3 T4 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 Table 2. Excerpt of Article 4 Table 3 of Miami 21 Code (Cont...) 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: T3 T4 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 Based on the aforementioned findings described hereon, the Planning and Zoning Department consider the proposed change is an intrusion of a higher density into a low density area, as well as the introduction of a higher variety of uses in a well -established residential neighborhood. It is staff opinion that the restrictive covenant submitted by the applicant limiting the uses and development capacity is not enough to support the impact associated with the requested rezoning. Staff hasn't been provided with evidences of community support to the requested rezoning. 15-00057zc Page 6 of 7 City,01Vhairtii Planningand Zoning Department Division of Land Development 4 • ,tk r-- RECOMMENDATION: *'‘ $4' ; Pursuant to Article 7, Section 7.12.0 pf Ordinance 13114, as amended on the aforementioned findings, the Planning & Zoning Department recommends denial of the proposed rezoning as Ir presented. ' L „ -.1,-,. 1..i.,,. , ......., ,....,- Chtietbpher Brimo 1, ''''-- . Chief of Land Defelopiri_ent':',4::::::,' , ...........-- - ,,,, 4/3/2015 S. Garrido 15-00057zc Page 7 of 7 Yes No N/A. Analysis for ZONING CHANGE File ID: 15-00057zc 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. V21STST N J SW 21 ST ST T;3 =O \‚\\ N"SW2T-TER` �Coal\Wa W�t2NDS"" Beautification (Zon 3) Co" MIAMI 21 ZONING MAP (EXISTING) SW 21 ST ST T3-R W SW.22ND S' Master, �. PI an T6-8=O�� SW-22ND'TER \\\ V 23RD TER 4** SW 23RD ST Coconut�.Gro ��Neig'hborhood ve Sox�E""" ConservatirapP ...... cDis SNP)--- 0 150 300 600 Feet I i I I ADDRESS: 2240 SW 13 AV MIAMI 21 ZONING MAP (PROPOSED) V21STST 1- C0 ( SW 21ST ST T;3=0; SW 21ST-TER� alltis?N SW 21 ST ST T3-R 1 W x \.N1\ \\ Coral;Way\ SWZZ osT Beautification\ a \\:(ZOrile3)\M�W 'i N \ T4= L SW 22ND=TER_______ T1-0, V23RpTER \NT4 rbiLv T6`8 `,0 SW 23RD ST 0$* Yor W �S1 pVE% I** ,triNeighbo.rnooa ConservatirEpQ Dis:N SN,.r-' 0 150 300 I 1 1 1 600 Feet ADDRESS: 2240 SW 13 AV 0 150 L —i 1 300 600 Feet Y jtalGlobe. ''/iAirbus 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-L "GENERAL URBAN CENTER TRANSECT ZONE LIMITED", 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-L. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on April 15, 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-L "General Urban Center Transect Zone Limited", 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: 4/7/2015 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: 4/7/2015 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 ALEXANDER I. TACHMES, ESQ. PARTNER (305) 347-7341 Direct Telephone (305) 347-7754 Direct Facsimile March 27, 2015 VIA HAND DELIVERY Mr. Francisco Garcia City of Miami, Planning Director Planning Department 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 ATa N r- AII2DDRESS: utts.com CI on > rrI rr z RE: 1300 Coral Brickell, LLC -- Supplement to Application File Nos. 15-000571u and 15-00057zc -- Application for Rezoning and Amendment to Future Land Use Map Dear Francisco: We represent 1300 Coral Way Brickell, LLC, the owner of the parcel ("Subject Parcel") having an address of 2240 SW 13th Avenue, which is located at the corner of SW 13th Avenue and S.W. 22nd Terrace. On January 15, 2015, we filed an application with the City of Miami for a rezoning and amendment to the Future Land Use Map ("FLUM") regarding the Subject Parcel. We are hereby amending our application in order to seek a less intense zoning change than requested in our original application, to proffer a covenant and to convey the other information contained in this letter. Overview Our client is proposing to develop a new 8-story, approximately 61 unit, mixed use residential project on Coral Way. The building will be developed on two (2) lots fronting Coral Way, having addresses of 1300 and 1312 SW 22nd Avenue, and on the Subject Parcel, which is located behind Coral Way. These properties are located generally at the corner of Coral Way and SW 13th Avenue. In order to provide parking and amenities for this new mixed use residential project, our client is proposing to build a 3-story structure on the Subject Parcel that will contain parking, three (3) apartments and residential amenities (collectively, the "Parking Structure"). Because the Subject Parcel currently consists of a surface parking lot, and will continue to be used MIADOCS 10673389 2 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fir 305.381.9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia March 27, 2015 Page 2 for parking in our new project, we will not be introducing any new use to the Subject Parcel as a result of either the rezoning or comprehensive plan changes. We are not seeking any zoning change or FLUM amendment for the two (2) parcels fronting Coral Way. Our application to rezone and seek a FLUM amendment relates only to the Subject Parcel where the Parking Structure would be built. Amendment to Application The current zoning designation of the Subject Parcel is T3-O, which does not allow parking. In our original application, we were seeking a zoning change to T4-O, which does allow parking. We are hereby amending our application to request a rezoning to T4-L instead, which allows parking but is more restrictive than T4-O. T4-L allows for parking and for commercial uses of up to 50% of the total building area. (The issue of commercial uses on the Subject Parcel is moot since we are proffering a covenant containing a prohibition on all commercial uses on the Subject Parcel.) Therefore, we are seeking a less intense zoning change than proposed in our original application. Covenant As indicated above, we are proposing a FLUM amendment regarding the Subject Parcel. The current FLUM designation allows for 18 units per acre. The new FLUM designation would allow 36 units per acre. However, we are proffering a covenant that would restrict the density on the Subject Parcel to 18 units per acre. Therefore, there would be no increase in density as a result of the FLUM change. As applied to the Subject Parcel, the maximum density would be six (6) dwelling units. The new T4-L/FLUM designation also would permit certain commercial uses. However, we are proffering in our covenant that there will be no retail, office or other commercial uses on the Subject Parcel. Further, because the Subject Parcel currently consists of a surface parking lot, and will continue to be used for parking in our new project, we will not be introducing any new use to the Subject Parcel as a result of either the rezoning or comprehensive plan changes. Amendments Completely Consistent with As -Built Environment Our application for a zoning change and FLUM amendment regarding the Subject Property will not introduce any new uses to the area and, in fact, will make the zoning and Future Land Use Map better conform to the as -built environment. As indicated above, the Subject Parcel is a corner property and is bordered by SW 13th Avenue to the east and SW 22nd Terrace to the south. The area on SW 13th Avenue between Coral Way and SW 22nd Terrace is purely commercial with fairly intense commercial uses. The block contains a gas station, a pharmacy, a health clinic, offices and other intense uses. See attached photographs. There are no residential uses on this block. Moreover, the width of the block is considerably wide, which is consistent with the steady traffic on this road and its use as a major thoroughfare. MIADOCS 10673389 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 March 27, 2015 Page 3 The area of SW 13th Avenue located directly across the street from the Subject Parcel is zoned T6-8-O. This zoning classification allows for intense uses, including commercial and 150 dwelling units per acre. Against this backdrop of heavy commercial uses on and near SW 13th Avenue, maintaining zoning and Future Land Use Map designations that allow only single family homes and duplexes on this busy commercial street is illogical and out of character with the neighborhood. The current use of the Subject Parcel as a surface parking lot is consistent with the commercial uses on this street. Therefore, the construction of a modest structure on the Subject Parcel will be fully consistent with the character of SW 13th Avenue and the as -built environment. Similarly, with regard to the portion of the Subject Parcel that fronts SW 22nd Terrace, our client again is proposing a development that is consistent with the as -built environment. Specifically, our project calls for three (3) duplex apartments to front SW 22nd Terrace as liners for the parking structure. There will be no retail, office or other commercial uses fronting SW 22nd Terrace. The duplex apartments that will front SW 22nd Terrace will be consistent with the other duplexes and single family homes currently on that street. Therefore, our project will be consistent with the as - built environment. Conclusion Our application for a zoning change and FLUM amendment will not introduce any new uses to the area and, in fact, will make the zoning and FLUM designations better conform to the as -built environment in this neighborhood. Our client's project also will bring a welcome infusion of millions of dollars of investment and new construction to this area. The project will increase property values and property taxes and serve as a catalyst for further new investment in the neighborhood. We respectfully request your favorable recommendation of our applications for rezoning and FLUM changes regarding the Subject Parcel. Thank you. Sincerely, Shutts & Bowen LLP Vj(Q)fc/ Alexander I. Tachmes, Esq. cc: David J. Coviello, Esq. AIT/sm MIADOCS 10673389 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 Gas Station across from Subject Parcel on corner of Coral Way and SW 13th Avenue IIIII " ;illy II View of commercial uses across from Subject Parcel on SW 13th Avenue ° Commercial uses across from Subject Parcel on8VV13thAvenue View of Subject Parcel looking west View of Subject Parcel looking southwest View of Subject Parcel looking south View of Subject Parcel looking southwest Prepared by and return to: David J. Coviello, Esq. Shutts & Bowen LLP Miami Center Suite 1500 201 S. Biscayne Blvd. Miami, FL 33131 dcoviello@shutts.com Folio: 01-4139-007-2731 DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned 1300 CORAL BRICKELL, LLC, a Delaware limited liability company (the "Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the owner of that certain property located at 2240 SW 13th Avenue, in the City of Miami, Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Subject Property"); and WHEREAS, Owner proposes the development of a mixed -use residential project located on the Subject Property and on property located at 1300 SW 22°d Street and 1312 SW 22°d Street, in the City of Miami, Miami -Dade County, Florida; and WHEREAS, Owner is submitting applications for a Comprehensive Plan Amendment and Rezoning of the Subject Property; and WHEREAS, Owner seeks to assure the City of Miami that the Subject Property will be restricted in the manner set forth herein. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 1300 CORAL BRICKELL, LLC hereby agrees as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Use and Density Restrictions. Notwithstanding the T4-L transect zone and Low Density Restricted Commercial land use designation on the Subject Property, Owner hereby places the following restrictions on the Subject Property: MIADOCS 10676076 1 40068.0001 1 (a) Density shall be limited to 18 dwelling units per acre; and (b) Retail, office and other commercial uses shall not be allowed. 3. Term. The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing in accordance with Section 4 below, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Subject Property for the purposes herein intended. 4. Modification, Amendment, Release. The provisions of this instrument may be amended, modified, or released only by a written instrument executed by the then owners of the Subject Property (or if any portion of the Subject Property has been submitted to a condominium form of ownership, then by the condominium association governing such condominium in lieu of all of the owners thereof) AND approved by the City Commission at a duly noticed public hearing, the cost of which shall be paid by Owner. Any amendments, modifications or releases will also require the approval and signature of the Director of the Planning and Zoning Department and that of the City Attorney as to legal form. 5. Enforcement. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants in this Declaration. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/her attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 6. Law. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. This instrument is governed by the laws of the City of Miami, Miami -Dade County and the State of Florida. 7. Reservations. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 8. Recordation. This Declaration shall be recorded in the Public Records of Miami - Dade County at the expense of the Owner. The City of Miami Zoning Department, 444 SW 2nd Avenue, 4th Floor, Miami, Florida 33131 shall be furnished a copy within thirty (30) days of recordation. MIADOCS 10676076 1 40068.0001 2 Signed, sealed, executed and acknowledged on this day of 2015. WITNESSES: 1300 CORAL BRICKELL, LLC, a Delaware limited liability company Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) By: Print Name: Title: Address: The foregoing instrument was acknowledged before me this day of , 2015, by , as of 1300 CORAL BRICKELL, LLC, a Delaware limited liability company; such person is (check one) [ ] personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in the county and state named above this day of 2015. NOTARY PUBLIC, State of Florida Print Name: Commission No.: Commission Expires: MIADOCS 10676076 1 40068.0001 3 Approved as to Planning and Zoning: Francisco Garcia, Director, Planning and Zoning Dept. Approved as to Legal Form and Correctness: Victoria Mendez, City Attorney MIADOCS 10676076 1 40068.0001 4 EXHIBIT "A" 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 10676076 1 40068.0001 5 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: dcoviello@shutts.com Re: 1300 Coral Way Brickell, LLC / 1300, 1312 SW 22nd Street, and 2240 SW 13th 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 13th 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 • 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 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 • wwwshutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLA.HASSEE 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. i-�-+-+ -�- • •.-• .. f N-s-w-•► v ^•w K 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 • fit 305.381.9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Mr. Francisco Garcia February 20, 2015 Page 4 transit • Policy LU-1.3.15 — The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. • 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 10321331 2 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • www.shutts.cotn MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMS'I'ERDAM Mr. Francisco Garcia February 20, 2015 Page 5 Sincerely, Shutts & Bowen LLP David J. Coviello Enclosures cc: Mr. Americo D'Agostini Alexander I. Tachmes, Esq. 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 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 13th 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: Print Name: DA- "/9 an C Ptace--E. Print Name: STATE OF E OY a ) �JGI�ss I " 1 COUNTY OF kC� � 1300 Coral Brickell LLC, a Delaware limited liability company By: Name: Title: cb te'UCo • WoSi��1 The foregoing i strument was acknowledged before me this I day of January, 2015, by 7 tenN CO E. 1 . A (9S+ T_Avlaitk of 1300 Coral Brickell LLC, a Delaware limited liability com�i- pa y n beh 1f of the company. he is personally known to me or presented ��-.7)f'Ve'(''� as identification. D a .3-oo5-(09-ia14o /NOT RY P BLIC, State of F DUY Print Name ) C• (Y) ,l Commission No.: Commission Expires: (SEAL) ,.••, ,,,,•,,, SUSAN C. MACET ` A, Notary Public - State of Florida My Comm. Expires Feb 11, 2016 07/ Commission # EE 161755 ,s,�' Bonded Through National Notary Assn. MIADOCS 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 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 10322884 1 EXHIBIT B Photos of Surrounding Properties View of Subject Property from intersection of SW 13th Avenue and Coral Way View from SW 13th Avenue of adjacent property to east View of Coral Way looking east Coral Way near intersection with SW 3rd Avenue View of Coral Way looking west Coral Way looking west View of Coral Way looking west, approaching SW 14th Avenue Coral Way west near intersection with SW 14th Avenue dlitt Gcool Date 1: 1u, 2u1a C; ii,' ul 7 N'i00 1p0:41'..W-selev 0ft REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-203 =• www.miamigov.com/hearinq boards Welcome to the City of Miami! This application is intended to serve as a guide in assistingou\.� with our public hearing process. Please feel free to contact us, should you have any questidi. 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 pane. 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'/zx11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 07-2013 2 REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. 1. Applicant(s): Alexander I. Tachmes, 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 22"d St.) 4. Proposed zoning designation(s): T4-L (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) 81/2x11 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. Rcv.07-2013 MIAr)ON 1f1R17R75 1 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 Minimum (Assumes a 5,000 square -foot lot) $ .50 $ 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: $ .70 $ 5,000.00 Per square foot of net lot area Minimum c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 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 C____.Address 201 S. Biscayne Blvd., Suite 1500 Name David J. Coviello Miami, FL 33131 Telephone 305-415-9437 E-mail dcoviello(a,shutts.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged befo me this i 3 day of January, 2015, by David J. Coviello who is a(n) indi ' ne a en orporation of 1300 Coral Brickell LLC a(n) individual/partnersh' cor or n. He/She is ersonall known to mor who has produced _ as identification and who did (di not) take an Bath. (Stamp) Rev. 07-2013 .l►,RY ..''�i ... SUSAN C. MACET AP . A_ Notary Public - State of Florida • __ My Comm. Expires Feb 11, 2016 ow Commission el EE 161755 I '''f °''' '' Bonded Through National Notary Assn. PJ2( ignatup'e 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, 0 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 ovae,_ Applicant(s) Name Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged be this day of January, 2015, by David J. Coviello who is a(n) individual/partn = • - i 'orporation Coral Brickell LLC a(n) individual/partnershi orporati . He/She i .•-rsonall known to m who has produced as iden i ication and who did (did not) tak a 4•ath. (Stamp) 4 P - SUSAN C. MACET iP •t V NotaryPublic - Stats of Florida • My Comm. Expires Feb 11, 2016 =s. --.� 4 Commission # EE 181755 ,,, ,, Bonded Through National Notary Assn. Rev. 07-2013 5 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 5E'E A1-64 !--f=.Fxm8i7 '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): None Americo D'Agostini Owner(s) or Attorney Name Legal Description(s): STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 20 , by Americo D'Agostini who is 1300 Coral Brickell LLC a(n) individual/partnership or who has produced -Lavers LICen3e No. as iden Daa3-oo5-0- lay-0 (Stamp) 1 ..... o',,, SUSAN C. MACET ` Notary Public - State of Florida •= My Comm. Expires Feb 11, 2016 , nr..� Commission A► EE 161755 uua. Bonded Through National Notary Assn. IMIPINIPINOregpliqwwwwwimpuwilipownwill torney Signature TOtt9UCtr corpora to . artner/agentAcorporation of e/She is personally known to me on and who did (did not) take an oath. Signa ure Rev. 07-2013 MIAr)nrs 1fl 17R75 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 1 194.(((- (o �- ING REFERRA Applicant"Nane 7Ut:WC-C%144" 11.rr.ticc4n iv�i UO.Ykad1.Gopplit EmaiYAddress '2- f• Project Street Address Pre-Application Meeting Assisted Living Facility Principal Frontage Other: 44.1-11-is Date o 4t - -2° Folio Numb r toy - Applicant Phone Number To BE COMPLETED BY THE OFFICE OF ZONING To)-0 -i-D7114'4° Transect Zone 171 v.at -ID tewcz BMe Type of Pe it Requested - Code Section xylv curvet/L*1 wrW:alr.t.`iifilli lf►: ►AU■02 "JIl;M B \[I-iPICi Ci..�r1��►�++ Summary of Request R erral i `sued by: CITY OF MIAMI OFFICE OF ZONING Ph: 305-416-1499 444 SW 2nd Ave 4th Floor Miami, FL 33130 www.miamigov. com/ zoning Date 1/1A111 * 1%I S.,./ 9 14, PLANNING AND ZONING DEPARTMENT PROJECTS REVIEW MEETING December 29, 2014 Ralph Puig, AIA 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-O 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 - WWW.MIAMIGOV.COM The Planning and Zoning Department reviews Permit proposals based on Miami 21 and City Code. Furthermore, the proposed Zone Change is subject to review and compliance with the requirements of all City departments, as applicable. Sincerely, lac u line Ellis plinn r II Cc: Derrick Cook, Plan Coordinator, Pamela Stanton, Zoning Plans Processor Christine Hwa, Hearing Boards Coordinator Antonio Perez, Land Use Chief 2240 SW 13 Ave PR14-167 Pre -Application comments Page 2 MCNP and Rezoniug Public Ilearing Process 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 Lone Use and Rezoning Cycle -March I Date 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 2015 Application will be scheduled for: !City Commission [First Reading] !Second meeting in April 2015 Land Use and Rezoning Cycle -September Date Application Submitted to Hearing Boards On or before July 17, 2015 Pre- Application Meeting Deadline June 26, 2015 !Applications may be heard by PZAB i On or before second meeting in September 2015 ;Application will be scheduled for: City Commission [First Reading] [Second meeting in October 2015 http://www.miamigov.comMearing_Boards/Deadlines.asp 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 Se1aware Secretary of State Envision of atic$a Delivered 01:10 R406/25/2014 FZL=D 12:50 Pdd 06/25/2014 SRV 140882443 - 5556078 FT72 FIRST: The name of the limited liability company is 1300 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 undersigned has executed this Certificate of Formation this 25th day of June, 20I4. The Company Corporation, Organizer By: Ls/ WillLun Bartz William Bartz Assistant Secretary 111111111111 11011111111111111111111111111111 THIS INSTRUMENT PREPARED BY: Peter M. Lopez, Esquire PETER M. LOPEZ, P.A. 1911 NW 1506 Avenue, Suite 201 Pembroke Pines, Florida 33028 Property Appraisers Parcel Identification (Folio) No.(s): (Reserved) WARRANTY DEED CFN 2014-R0524640 OR Bk 29244 Fes 4306 - 4307; (2139s) RECORDED 07/25/2014 15:37:34 DEED DOC: TAX 181600.00 SURTAX 13,950.00 HARVEY RUVINt CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA THIS WARRANTY DEED, is made this 2,3 day of 7 , 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 1' 1) NW /5)4 o�0 .1.z ,it V roJ e ?ine5, RL 3306 (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 1K 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 2..resence of: ign & P : C% Sign : 'riit Name:1/IG,na+ STATE OF FLORIDA COUNTY OF ?l,(..4.2? KJ r e2_ )SS: GRANTOR: FLAGLER PLAZA CENTER LLC, a Florida limited liability compan By: AMERICO D'AGOSTINI, Manager 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 cornpany, ho is personall� who has produced as i• -ntifrcation and v_o did not take PETER M. LOPEZ MY COMMISSION If EE 887581 EXPIRES: March 7, 2017 ' t;9 p�,:• Bonded Thru Notary PabWc Undawitas t Name: TARY P Serial No: My Commission Exlires: orida 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: CITY: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE: Florida ZIP: IIOME 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 El NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.: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 I hereby acknowledge that it is unlawful to employ any device, Ordinance 12918 and such circumvention shall be deemed or civil penalties that may be imposed under the City Code, disclosure requirement was not fully and timely satisfied the 1. the application or order, as applicable, effect; and 2. no application from any person or considered by the applicable board(s) nullification of the application or order. PERSON SUBMITTING DISCLOSURE: OF COMPLIANCE scheme or artifice to circumvent the disclosure requirements of a violation of the Ordinance; and that in addition to the criminal upon determination by the City Commission that the foregoing following may occur: shall be deemed void without further force or entity for the sa e issue shall be reviewed or until expiration o�a period of one year after the :• Signature Americo D'Agostini I, day Print Name Sworn to and subscribed before me this of-OPvOrq/ , 20t/ 16. The foregoing instrument was acknowledged before 1 L.bri V, Lc ba . 0O5 (oq- lAY O as identification me by , '1Pr I CG i) . A 0 C on I , who has produced and/or A is personally kr n to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI 4 1 ' ' MY COMMISSION C tart' EXPIRE .: �,P,, SUSAN C. T ' a , M CA Ce , ` ,, MAC • if,1 ts_ Notary Public • State .[ orins Print Name Enclosure' A.' • = My Comm. Expires Feb 11, 2016 • j,� -,c ' Commission N EE 161755 Page 2 Doc. No.:86543 �nnu,," Bonded Thumb National pp►uv Lear LOT-35 BLOCS-60 h L LOT-3T BLOC11-60 10t-39 BLOCK-60 0_1 GRAPH II' SCALE ( TN F. 1 1 I' 1 1 `fee;,` 1""AP I _�. J__ L ALTA/ ACSM LAND TITLE SURVEY A•39. •E T=25.6 zi al aI SURVEYORS NOTES: I) The Legm Description to IM Properly woe °Homed hem Tine Commitment provided 2) MO Cetlldaltm is only I. the lands as desor.d.. It 0 not o certiNcol:m al MIN Zoning, em Easents, or Freedom al Epmm4mces. OPINION OF NEE 3) M examination of Commitment issued by 01.0 REPUBLIC NATIONAL TITLE INSURANCE COMPANY Conmrtment Nor: 01-10I4-.532, effective date 05/01/2014 01100 PM, was made to effecting and properly However, there may be additional ntritlm at Mown instrument, reonVed tissurvey final Y e found in roe PaNT Records of Nis County 4) Accuracy., Me expected use of me lend, as classified in the Ninimum Technical Slander, 0J-17-6FAC), is Weekenliel Oran Risk' The minimum rotative ant.. a«umcy for this tore of boundary a ke 1 I.1 in 10`000 feel c ocy Mtained ebyr rx r nl ontl 5) Foundaliaos mudclosed ,for s geometric they crre ass found yond to emceed a requirement par dascrbed are not Mown F K^ Y Yam of 1Ne pared herein 6) Not wild without the stgnaWrreennnd the original robed seal 01 o Florida xmmed Sra� r no Flapper. Aadlians or deletions to surveymu`s a reports by other then the or oodles are Pr4024d without written consent o the signing Pnrly or parties.signing Y 1) ZONING INFORMALEN. Zmbg ClonPrcal'we: 16-8 n (Cernmeociel Neighborhood Dtsrble) Sarin: City of Mani Zaning f Department 6) Bolding Setbacks: front = eel/ Rear = 0 feel / Street Side = 10 I el / mime = fi feel 90) 13Hdhg Height Restriction = 5states (misting - 3 slates) PerkingNumber of Sam. = 41 StoMard Spncee N 2 HonJLe, Spaces try Underground Mit. are not dmi0, hereon, contact arem badly NM, to my my Levi a n:bac:esnionwthe proem, rein deem.. rSurveyo Moll he non Ted ore In n Wean. 12) The s yor den r01 determine fence and/or wol own.ahy 13) Ow a: DPN21 OF PRE te) TreIriuriey ALTA/ AGSM LAND TINE SMMEY I5) Th Nmlh orrow Mown lMame are based on remark pia ca of -EAST SH000000AH', oc Cog la IM Mel !hereof us recorded to Plat Book 14, cl Page 55 of the Public Reads of i,mi-Dane county. Tlotaa 16) Mod Zone Dolor community/ Ponele120650/4314/s noted: September B. 2009 12) ens PLAN OF SURVEYcnon Brno preps, Imaihe Elevation .rseAof the entities named Ferem The Cerlircole does red extend to any genemee pmc LEGEND fist.---vm,mrml ore erect mzfr'" -IF---Gn 004, O-Gm one ROYAL P018NZ Tom SURVEYORS yB� Nam, tM d 'N^n P0r° wire Pam tmi awiLB No. -w1 va.e (MI [,xeome4Ml case [cement BY: mOdio ® -Cede Nam 00 -Pw PABLO J. ALFONSO. Prof BI -Ovens u.nv IN. P e =vmedn f eegnnra State o Florida m-Imlac4gd 6. �I c=xoa m Cm,mmrene,l Dale of Survey. 06/05/2014 pennant. bljt03 moos vdro Date Of Lost evhl0n L+d =Mnnihae vm.e am/Rn,1 km ./edoer Wr .xe.nMe UE �UIva1Y [osmml 25;24 23 2 27 ----- — S.W. 23RD. STREET--— LOCATION MAP are aF MINA MNOt N SCALE N ' FLORIDA PROPERTY ADDRESS: Property Address 1 1312-1314 SW z2 51Rff?, x1Nn, fl0Rl2a 33145 Tar FNb 1- I zz4o SW 13 AVLNOE, MIAML fl0Rt0A 3314 /0 4 39-00T-250a, 01-4139-000-2530, 01_4139_002-2731 LEGAL DESCRIPTION: Lots 1, 2 3 ontl 4. Block 50. of 'LAST SHENANDOAH", according to the plot thereof as recorded to Plat Book 14 at Page 0..1 of the Public p cards of xloni-Dade Courly, Florida. AND Lots 5 and 6. Black 60, of 'EAST 4. at Pogo 55 of the to the plat thereof recorded to PiBook 14, at Page 551 at the Public Records of Miami -Dade County. Florida.lo ANO Lots 36, 32, 36 ontl 39, LESS the West 26 feet thereof, Block 60. of EAST SHENANDOAH". according to the plot :hereof os recorded in PI01 Book 14, of Page 55: of the Public Records or Mront-Deck County. Florida. Said described parcel of lend containing 29.069 square feel (0.6857+/- r m re or ess) TITLE REVIEW NOTES: SCHEDULE B - SEOTOM II TITLE COIMIIMENI PROWOP BT: OLO REPUBLIC NA IUNAL fill[ INSURANCE COMPANY Cammttnenl Nor• 01-10e-B011537 e•lectlae Ate Huy y, 2011 0II. 00 PM Items 1 Oarsman 3. "General dr Spec., Except.," 4 Restncltms, cod'itens, reservations. casements. and other ,mall., cordoned err the Plu: of EAST SHENANDOAH. as recorded in MI Rook l401'oge 55. Public R.nrds of Miamimoods County. Florida (Does offset RPalpate Record SURVEYOR'S CERTIFICATE: THIS SURVEY CERTIFIED 40'. - FLAGLER PLAZA CENTER, LLC, a Florida Limited Liability Company - LAW OFFICES OF PETER M. LOPEZ, P.A. - OLD REPUBLIC NATIONAL TM, INSURANCE COMPANY This is to certify Ih01 this map or plot ontl the surveyn1 which It Is based were mode n accordance with the 2011 Minimum Standard LIMO Regulrements o ALTA/AGSM Land Title Surveys tofnify established and adopted by the American Lond Title Association (ALTA) NM the Notional Society of Professional Sur o re (INSPS) m includesItem 2. 3, 4, 1(e), , 20() O 20(bM1 of Table"Al M eo 1 thissurvey6(a), in based on on observations ncl. e. 9. lox tnensueentiente ed n e field on 06/05/2014. andothr Inlormotian 04464ble l n r ser.ces were rendered o t e Imo, then. F 4/6-41r Cash -Cf... sou —•—� a^ tree Farr. ® yMoble Me en - .wrmea Copies of this surveyembossed H.Nite copies 1 Dosed with r hof the signing arolessional surveyor ftelerm and mapper. Sold co ore for spec. use o these entities Mot the survey have been certified o p v surve ante, Nu. 5680 SurveROYAL POINT ,LAND SURVEYORS, INC. 6125 NW 153rd. Sheet - Suite 321, Miami Lakes, Florida 33014 Phone: 3,15-022-6052/ F3s: 305-827-9669 S M LAND TITLE SURVEY DRAWN: J.G. CHFCRED. P.J.A. FIELD DAIS 0 /05/2014 JOB No. RP 14-433 SHEET. 1