HomeMy WebLinkAboutPZAB 10-21-15 Supporting DocumentationPZAB.2
File ID:
Title:
Location:
Applicant(s):
Purpose:
Finding(s):
Planning & Zoning:
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
15-00969zc 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 WITH A NCD-3 OVERLAY TO
T4-O WITH A NCD-3 OVERLAY, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY
AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day
Avenue [Commissioner Marc Sarnoff - District 2]
Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway, LLC.
This will allow a zoning classification change for the above properties from T3-
0 with a NCD-3 overlay to T4-0 with a NCD-3 overlay.
Recommended approval of Lots 8, 9, 10 and 11 (3841, 3851, 3865 and 3875
Day Avenue) and denial of Lots 12, 13, 14 and 15 (3860, 3850, 3840 and 3830
Day Avenue). See companion File ID 15-009691u.
Planning, Zoning and
Appeals Board: Continued from September 16, 2015.
ZONING ANALYSIS
COCONUT GROVE GATEWAY LLC. 15-00969ZC
City of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS FOR
CHANGE OF ZONING
APPLICANT: Coconut Grove Gateway, LLC FILE ID: 15-00969zc
PROJECT ADDRESS: 3860, 3850, 3840, 3830, 3875 ZIP: 33133
3865, 3851 and 3841 Day Ave
NET OFFICE: South / West Coconut Grove HEARING DATE: 9/16/15
COMMISSION DISTRICT: District 2 ITEM: PZAB.1
A. GENERAL INFORMATION:
REQUEST: Pursuant to Article 5 and Article 7, Section 7.1.2.8 of Ordinance 13114, as amended,
the applicant is requesting a change of zoning for a group of parcels zoned T3-0 "Suburban
Transect Zone" to T4-0 "General Center Transect Zone".
The subject properties form part of the Percival Plat and Sanford Subdivision and are located within
the South / West Coconut Grove NET area and the Village West Island & Charles Ave Neighborhood
Conservation District (NCD-2). The parcels combined lot area is approximately 1.07 acres, located
on the northeast and southeast corner of Day Avenue and Brooker Street. (Complete legal
description is on file with the Hearing Boards Section).
B. BACKGROUND:
The subject site is comprised of eight individually plated lots with six (6) existing duplexes and two
(2) single-family homes developed between 1953 and 1960. Lots 8, 9, 10 and 11 are located on the
north side of Day Avenue and lots 12, 13, 14, and 15 are located on the south side of Day Avenue,
directly south of lots 8-11 as per Exhibit A entitled "Lots 8-15 of the Revised Percival Plat & Sanford
Subdivision" attached hereto. The properties were previously zoned Two -Family Residential District
"R-2" and were subsequently rezoned on April 2010 under Miami 21 to Suburban Transect Zone'T3-
0". Subsequently to the rezoning the applicant acquired the lots between May and December of
2012 with the intent to redevelop the site. The applicant is currently seeking a change of zoning from
T3-0 to T4-0 and has proffered a covenant, attached hereto as Exhibit B entitled "Covenant"
restricting the uses to residential for the four (4) southern parcels fronting Day Avenue.
14-00969zc
Page 1 of 6
C. COMPREHENSIVE PLAN:
The requested zoning designation of T4-0 is inconsistent with the current Miami Comprehensive
Neighborhood Plan (MCNP) designation of Duplex Residential. As such, the applicant has submitted
an application to amend the land use designation from "Duplex Residential" to "Low Density
Restricted Commercial", as a companion item under File No. 14-005051u.
D. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T3-0 Sub -Urban Transect Zone
Surrounding Properties
FUTURE LAND USE DESIGNATION
Duplex Residential
Maximum of 18 D.U. per acre
NORTH: T6-8-0; Urban Transect Zone Restricted Commercial
(adjacent) and US-1 Highway Maximum of 150 D.U. per acre
SOUTH: T3-0; Sub -Urban Transect Zone Duplex Residential
(adjacent) Percival Subdivision Maximum of 18 D.U. per acre
EAST: T5-0; Urban Center Transect Zone Medium Density Restricted Commercial
(adjacent) Auto Related Commercial Maximum of 65 D.U. per acre
T3-0; Sub -Urban Transect Zone Duplex Residential
(adjacent) Percival Subdivision Maximum of 18 D.U. per acre
WEST: SFR; Single Family Residential Single -Family Residential
(across) City of Coral Gables Maximum of 6 D.U. per acre
E. ANALYSIS:
The following is a review of the request pursuant to a rezoning criteria at 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: For rezoning's: A change may be made only to the next intensity Transect Zone or by a
Special Area Plan, and in a manner which maintains the goals of the Miami 21 Code to
preserve Neighborhoods and to provide transitions in intensity and building heights.
Analysis: Lots 8, 9, 10 and 11 are legally platted parcels located within the Percival Subdivision & lie
within the norther edge of the Village West Island & Charles Ave Neighborhood Conservation
14-00969zc
Page 2 of 6
District (NCD-2). Staff finds the proposed zoning request is consistent with the goals of the
Miami 21 Code and the (NCD-2) as the request is compatible with the surrounding zoning
districts and provides a transition in height and intensity. Staff notes that lot 8 directly abuts
a T5-0 to the east, lots 8, 9,10, and 11 abut a T6-8-0 to the north. The northwestern portion
of lot 1 front's a major commercial arterial thoroughfare known as (US-1 / South Dixie Hwy).
In addition, staff notes that said parcels are approximately within 500' +/- of the Douglas
Road Metrorail Station. A major north south transit hub surrounded by T6-12 and T6-8
transect zones which permits a maximum density of up to 150 dwellings units per acre. The
abutting parcels to the north and east have active auto related commercial uses. See Image
1 below.
Rezoning lots 8 through 11 would provide a transition in height and intensity between the
T6-8-0 to the north and the T5-0 to the east. Furthermore the rezoning would clearly demark
Day Avenue as the clear boundary between the commercial uses to the north and the
residential uses to the south.
Finding: Consistent with the intent of the Miami 21 Code
Max 150 du/ac
Douglas Road Station
Max 150 du/ac
T6-6-0
T4-0
Ma'r .4n ''. !ac
Max 19 du/ac
Image 1
Max 19 du/ac
Max 9 du/ac
n-a
Max 19 du/ac
Analysis: Lots 12, 13, 14 and 15 are legally platted parcel located within the Percival and Sanford
Subdivision & lie directly to the south of Day Avenue. Staff finds the proposed zoning request
is inconsistent with the goals of the Miami 21 Code and the (NCD-2) as the request is not
14-00969zc
Page 3 of 6
compatible with the surrounding zoning districts nor would it provide a transition in height
and intensity. Staff notes that Day Avenue serves as the boundary between the commercial
uses to the north and the residential uses to the south. Rezoning lots 12, 13, 14 and 15 from
T3-0 to T4-0 would increase density, height and intensity into the clearly established
residential district to the south of Day Avenue. Said rezoning would allow for the intrusion of
commercial uses into the residential district such as but not limited to General Commercial,
Entertainment and Food Establishment uses. See chart entitled "Building Function: Uses"
below:
"Building Function: Uses" Excerpt of Article 4, Table 3 of Miami 21 Code" how the new
uses will impact the surrounding area with the proposed rezoning.
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
9
9
18
R
R
R
R
R
R
R
R
R
R
R
E
E
E
E
E
E
T4
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
14-00969zc
Page 4 of 6
CAL. 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
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
"Building Function: Uses" Excerpt of Article 4, Table 3 of Miami 21 Code" illustrate how the new uses will impact the surrounding area
with the proposed rezoning.
The intrusion of commercial uses into the residential district and the increase in density from
18 dwelling units to 36 dwelling units per acre in addition to an increase in height from 2
stories (25' to eave max) to 3 stories (40' max height) may have an adverse negative impact
in the Level of Services (LOS) and character of the neighborhood.
Furthermore, staff notes that rezoning Lots 12,13,14, and 15 will allow for the encroachment
of higher intensity and height in the neighborhood. Staff has expressed concerns that the
up -zoning of said parcels may put at risk the remaining bungalows and shotgun houses in
the immediate vicinity.
Finding: Inconsistent with the intent of the Miami 21 Code
F. NEIGHBORHOOD SERVICES:
Code Compliance
Building
Historic Preservation
Environmental Resources
NET
No Objection
Required
No Objection pursuant to staffs recommendations.
No Objection
No Objection
14.00969zc
Page 5 of 6
G. CONCLUSION:
Lots 8, 9,10 and 11 (3841, 3851, 3865, and 3875 Day Avenue)
The Department of Planning and Zoning recommends approval of the applicant's request for a
change of zoning for Lots 8, 9, 10 and 11. Staff finds the proposed zoning request is consistent
with the goals of the Miami 21 Code and the (NCD-2) as the request is compatible with the
surrounding zoning districts and provides an appropriate transition in height and intensity.
Lots 12, 13,14 and 15 (3860, 3850, 3840 and 3830 Day Avenue)
The Department of Planning and Zoning recommends denial of the applicant's request for a change
of zoning for Lots 12, 13, 14 and 15. The proposed change of zoning is an intrusion of a higher
density and intensity into the transitional zoning. As such, the proposed request would be
incompatible as there is no T4-0 adjacent to the property. However, the applicant has proffered a
covenant limiting the development to residential uses for (30) years extended automatically for a
successive periods of ten (10) years.
Staff finds that the Declaration of Restrictive Covenants as proposed and the applicant's request to
rezone the subject property to T4-0 and restrict the uses to residential do not merit a change of
zoning as said request shall not be taken into consideration pursuant to Article 7, Section 7.1.2.8
(a)(3) & (f)(2) of Miami 21 Code.
Staff finds the zoning request for Lots 12, 13, 14, and 15 are 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.
H. RECOMMENDATION:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned
findings, the Planning & Zoning Department recommends approval of the proposed rezoning as
presented for Lots 8, 9,10 and 11 (3841, 3851, 3865, and 3875 Day Avenue) and denial of lots 12,
13,14 and 15 (3860, 3850, 3840 and 3830 Day Avenue).
Christopher Brimo AICP
Chief of Land Development
8/31/15 Efren Nunez
14.00969zc
Page 6 of 6
EXHIBIT A
"Lots 8-15 of the Revised Percival Plat and Sanford
Subdivision"
COCONUT GROVE GATEWAY LLC. 15-00969ZC
Lots 8-15 of the Revised Percival Plat and Sanford Subdivision (15-00969zc)
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LOT 11
3875 Day Avenue
LOT 10
3865 Day Avenue
LOT 9
3851 Day Avenue
LOT 8
3841 Day Avenue
LOT 12
3860 Day Avenue
LOT 13
3850 Day Avenue
LOT 14
3840 Day Avenue
LOT 15
3830 Day Avenue
3830 Day Avenue, Miami FL 33133
DAY AVENUE
PE • CIVALA NUE
100 ft
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3860 Day Avenue, Miami FL 33133
PECIVA NUE
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Day Ave
3851 Day Avenue, Miami FL 33133
DAY AVENUE
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EXHIBIT B
"COVENANT"
COCONUT GROVE GATEWAY LLC. 15-00969ZC
This instrument is prepared by
(and after recording )
please return this instrument to:
Ryan D. Bailine, Esq.
Greenberg Traurig
333 SE 2 Avenue, Suite 4400
Miami, FL 33131
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, Coconut Grove
Gateway LLC, a Florida Limited Liability Corporation ("Declarant") hereby makes,
declares and imposes on the land herein described, this Declaration of Restrictive
Covenants (the "Covenant") running with title to the land contained herein, which shall
be binding on Declarant, all heirs, grantees, successors and assigns, personal
representatives, mortgagees, lessees, and against all persons claiming by, through or
under them.
WHEREAS, Declarant is the fee simple title holder to certain properties located
in Miami -Dade County, Florida, more particularly described on Exhibit "A"
(collectively the "Property") attached hereto and incorporated herein; and
WHEREAS, Declarant is seeking to rezone the Property from T3-O to T4-O; and
WHEREAS, in response to certain comments from Planning staff regarding
commercial uses on the southern half of the Property South of Day Avenue (collectively,
the "South Parcels"), Declarant proffers this Covenant; and
WHEREAS, Declarant declares certain restrictive covenants which shall burden
the South Parcels in accordance with the terms and conditions 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 by Declarant, the Declarant hereby
creates and places the following covenants and restrictions on the South Parcels:
A. Recitals. The foregoing recitals are true and correct and are
incorporated herein as if repeated at length.
B. Use Restrictions. In connection with the City's consideration of a
rezoning application for the Property, the Declarant hereby covenants that the South
Parcels shall not be used, assigned, or sublet for commercial uses.
MIA 184832788v1
Declaration of Restrictive Covenants
Page 2 of 5
C. Covenant Running with the Land. This Covenant on the part of
the Declarant shall constitute a covenant running with the land and shall be recorded, at
Declarant's expense, in the Public Records of Miami -Dade County, Florida, and shall
remain in full force and effect and be binding upon the undersigned Declarant, and its
heirs, successors, and assigns until such time as the Covenant is modified or released.
These restrictions during their lifetime shall be for the benefit of, and be a limitation
upon, all present and future owners of the South Parcels and for the public welfare.
The provisions of this instrument shall become effective upon their recordation in
the Public Records of Miami -Dade County, Florida, and shall continue in effect for a
period of thirty (30) years after the date of such recordation, after which time they shall
be extended automatically for successive periods of ten (10) years each, unless released
in writing by the following: (i) then owners of the South Parcels (or if any portion of the
South Parcels has been submitted to the condominium form of ownership, then by the
association established to operate the condominium in lieu of all of the owners thereof)
AND (ii) the Directors of the Departments of Public Works, Planning and Zoning, and
Building of the City of Miami, subject to the approval of the City Attorney as to legal
form, or their respective designees or successors, upon the demonstration and affirmative
finding that the same is no longer necessary to preserve and protect the South Parcels for
the purposes stated herein.
D. Enforcement. Enforcement shall be by action against any parties
or person violating, or attempting to violate any covenant contained herein. This
enforcement provision shall be in addition to any other remedies available at law or in
equity or both. This Covenant shall be construed and enforced in accordance with the
laws of the State of Florida.
E. Election of Remedies. All rights, remedies, and privileges granted
herein shall be deemed to be cumulative and the exercise of any one or more shall neither
be deemed to constitute an election of remedies, nor shall it preclude the party exercising
the same from exercising such other additional rights, remedies or privileges.
F. Severabilit_y. Invalidation of any one of these covenants, by
judgment of Court, in no way shall affect any of the other provisions, which shall remain
in full force and effect.
G. Recording. This Declaration shall be recorded in the Public
Records of Miami -Dade County at the Declarant's expense. The City of Miami City
Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a copy within
thirty (30) days of recordation.
SIGNATURE PAGE TO FOLLOW
MIA 184832788v1
Declaration of Restrictive Covenants
Page 3 of 5
Signed, witnessed, executed and acknowledged this day of , 2015.
Coconut Grove Gateway, LLC, a Florida
limited liability company
By:
Name:
Title:
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this day of , 2015 by
, who is
personally known to me, or has produced , as
identification and she acknowledged before me that he executed the same, freely and voluntarily,
for the purposes therein expressed.
Name:
Notary Public, State of
Commission No.
MIA 184832788v1
Declaration of Restrictive Covenants
Page 4 of 5
Exhibit "A"
Legal Descriptions
NORTH PARCELS
PROPERTY ADDRESS: 3875 DAY AVE
FOLIO No.01-4120-013-0090
LEGAL DESCRIPTON:
LOT 11, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION OF PART OF THE
SE a OF THE NE OF SECTION 20, TOWNSHIP 54 SOUTH , RANGE 41 EAST,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140,
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THE
SOUTH 5 FEET, PER THE WARANTY DEED TO THE CITY OF MIAMI RECORDS IN
O.R. BOOK 3684, PAGE 271 AND RE -RECORDED IN O.R. BOOK 4941, PAGE 402,
ALSO LESS AND EXCEPT THAT PORTION OF SAID LOT 11 CONVEYED TO DADE
COUNTY, IN THE RIGHT OF WAY DEED RECORD IN O.R. BOOK 4146, PAGE 214,
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3865 DAY AVE
FOLIO No.01-4120-013-OO80
LEGAL DESCRIPTON:
LOT 10, LESS THE 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND
SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3851 DAY AVE
FOLIO No.01-4120-013-0070
LEGAL DESCRIPTON:
LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
PROPERTY ADDRESS: 3841 DAY AVE
FOLIO No.01-4120-013-0060
LEGAL DESCRIPTON:
LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
MIA 184832788v1
Declaration of Restrictive Covenants
Page 5 of 5
SOUTH PARCELS
PROPERTY ADDRESS: 3830 DAY AVE
FOLIO No.01-4120-013-0030
LEGAL DESCRIPTON:
LOT 14 AND 15,REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION, ACCORDING
TO THE. PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3840 DAY AVE
FOLIO No.01-4120-013-0020
LEGAL DESCRIPTON:
LOT 14 AND 15,REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3850 DAY AVE
FOLIO No.01-4120-013-0010
LEGAL DESCRIPTON:
LOT 13, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND
SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS: 3860 DAY AVE
FOLIO No.01-4120-013-0100
LEGAL DESCRIPTON:
LOT 12, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND
SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
MIA 184832788v1
LETTER OF INTENT
COCONUT GROVE GATEWAY LLC. 15-00969ZC
GT
GreenbergTraurig
July 17, 2015
Mr. Francisco Garcia
City of Miami
Director of Planning and Zoning
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33131
Ethan Wasserman
305-579-0784
wassermane@gtlaw.com
Re: Applications for Comprehensive Plan Amendment and Rezoning
(collectively, the "Applications")
3875, 3865, 3851, 3841, 3830, 3840, 3850, and 3860 Day Avenue, Miami,
Florida (collectively, the "Property")
Coconut Grove Gateway, LLC ("Applicant")
Dear Mr. Garcia:
Our firm represents the Applicant in connection with the Applications. Please accept this
Letter of Intent along with the enclosed Applications in accordance with the requirements of
Article 7.1.2.8(c)(2)(g) of Miami 21. Specifically, the Applicant is requesting a zoning change
from T3-O to T4-O pursuant to the successional zoning requirements of Section 7.1.2.8 of
Miami 21 and a modification of the Miami Comprehensive Neighborhood Plan
("Comprehensive Plan") Future Land Use Map designation from Duplex Residential ("DR") to
Low Density Restricted Commercial ("LDRC").
PROPERTY INFORMATION
According to the enclosed survey prepared by Engineering & Surveying Consultant,
dated June 6th, 2015, the Property contains approximately 46,721.79 square feet or 1.07 acres in
area and consists of six (6) duplex and two (2) single-family residential units (collectively, the
"Existing Structures"), depicted below in Image 1. The Existing Structures were originally
constructed between 1953 and 1960. They are currently in need of repair and maintenance, and
ultimately demolition once the new zoning is in place.
GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • MAISIEE.4§8A, • Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717
The Applicant seeks to rezone the Property to allow for the redevelopment of the Existing
Structures with a more appropriate project in light of the surrounding properties' current use and
the changing character of the neighborhood. The Property currently abuts state road US-1 and an
outdoor motor vehicle dealership with mechanical repair shop to the North and East.
Additionally, the Property abuts the City of Coral Gables to the West and multi -family housing
development to the South and East.
REZONING ANALYSIS
The current zoning for the Property is T3-O. The Applicant requests to rezone the
Property from T3-O to T4-O pursuant to the successional zoning requirements of Section 7.1.2.8
of Miami 21. The Applicant's request complies with the 40,000 square foot minimum land area
requirements for rezoning consideration pursuant to Section 7.1.2.8(c)(1) of Miami 21. For the
reasons outlined below, the proposed rezoning is appropriate for the Property and should be
approved.
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1. An analysis of the Property shows that the existing conditions of the
surrounding properties supports the rezoning to T4-O
Section 7.1.2.8(f)(2) of Miami 21 encourages appropriate transitional zoning to provide
compatible intensity and building heights between neighboring transects. The Property has a T3
zoning designation and directly abuts T5 zoning to the East and T6-8 zoning to the North.
Additionally, there are properties with T6-12 zoning less than 100 feet from the northern border
of the Property. A portion of the Property also fronts US-1, which is classified as a Principal
Arterial Thoroughfare per Map TR-2 of the City's Comprehensive Neighborhood Master Plan,
depicted in image below.
US-1 is a major thoroughfare consisting of mainly commercial and retail uses more
compatible with the requested zoning than the existing low scale residential uses permitted on
covEI fg4.0G, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
the Property, as further depicted in Image 3 below. In other words, the Property abuts zoning
designation(s) that permit much higher density and intensity compared to the Property's current
T3-O designation. From a zoning perspective, the requested rezoning will provide a more
contextual decrease in zoning intensity from the neighboring transects to the East to the less
intense designated districts to the West.
Image 3
,Go Auto Electric , -''
Car Dealership ;T `,.
�`V>tor"y and ,.
Indian
Motorcycle
\,'Dealership
The property located at 3850 S. Dixie Highway, directly abutting the Property to the
East, contains three motor vehicle dealerships, Go Auto Electric, Victory of Miami and Indian
Motor Cycle of Miami (collectively, the "Dealerships"). The Dealerships contain outdoor car and
motorcycle sales, storage, and a mechanical repair and service shop, as depicted in the Image 4
below.
The proposed rezoning of the Property to a T4 zoning designation will allow for a more
compatible use of the Property in relation to the more intense commercial uses on the abutting
properties; The T4 zoning designation will provide an appropriate transition of density and
height improving the relationship between the Low Density Residential neighborhoods to the
West and the adjacent Commercial Corridors to the East furthering the Goals, Objectives and
Policies of the City of Miami's Comprehensive Plan as further discussed below.
WERAIkg G, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
In addition to the Dealerships, the Property is neighbored by a Miami -Dade County
("County") housing development with over eleven (11) residential buildings. In addition to the
housing development, the County also owns the property East of the Dealerships, located less
than 200 feet from the Property, containing the Frankie Shannon Rolle Neighborhood Service
Center'. As depicted below, the Property's surrounding uses, including the housing
development, the County Service Center and Commercial uses, confirm the current T3 zoning
designation is incompatible with the surrounding properties.
Image 5
To the Northwest of the Property, on the North side of US-1, lies both the City of Miami
to the East and the City of Coral Gables to the west. As depicted below in Image 6, the City of
Coral Gables parcels, located less than 100 feet from the northwest boundary of the Property, are
zoned "Industrial", and are within the "South Industrial Mixed -Use District" (MXD), which
' The Frankie Shannon Rolle Neighborhood Service Center provides an array of community services, including
food distribution and related services catered to low income individuals and families.
ENgG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
permits a variety of mixed uses. The proposed T4-O zoning designation will provide a more
compatible use of the Property given the surrounding properties existing zoning designations and
allow for adequate transition between the industrial sections and residential properties.
Image 6
1� 1
1
8
12
21
1
SAA
Tsec-0°' „
-T1
Property
MO LORENZO AV
14 ¢J�400
Ala
GRE'GO A
1114:7Mew NI 4P- IF
:
utF�lt*i'dustrial 3 ��ge
oP4 ,, M d-Use Distri�� I II
2 ee/09- 31
•
>m �_rf 'OAK AV
_ 10202t22224
To the Southwest of the Property, South of US-1, lies residential properties located
within the City of Coral Gables. As depicted above in Image 6, the City of Coral Gables parcels
are located West of the Property and are zoned Single -Family Residential ("SFR") under the City
of Coral Gables zoning code. The SFR zoning designation would be most analogous to a T3-O
zoning designation under Miami 21 and as such would be incompatible with the T6-8 and T6-12
zoning designations and commercial uses located to the Northwest of these properties. The
proposed T4-O zoning designation on the Property will provide an adequate buffer between the
residential uses within the SFR zoning designation and the high intensity uses located with the
T6 and T5 zoning designations to the Northwest.
2. The zoning change request is only to the next intensity Transect Zone and
maintains the goals of Miami 21
Pursuant to the successional zoning table contained in Section 7.1.2.8(a)(3) of Miami 21,
our request complies with the Successional Zoning Standards of Miami 21 as the Applicant's
request seeks to modify the zoning designation from T3 to T4.
TRANSECT ZONE
FLR
SUCCESSIONAL ZONE
FLR
T I
--
T I
--
T2
--
N/A
--
T3
--
T4, CI
--
T4
--
T5, CI
--
T5
--
T6-8, CI
6
T6-8
5
T6-12, CI
8
44E§14G, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
3. The zoning change request furthers the Goals, Objectives and Policies of
the Miami Comprehensive Neighborhood Plan
The proposed rezoning to the next intensity transect zone will accommodate the future
use of the Property in a consistent manner with the goals, objectives, and policies of Miami 21
by fostering redevelopment and creating appropriate buffers between properties of higher density
and intensity uses to the North and East and the residential properties to the West. Specifically,
the proposed rezoning creates a land use pattern that protects and enhances the quality of life in
the residential neighborhoods and provides appropriate transition and buffering between
commercial uses and residential neighborhoods pursuant to policies LU-1.1.3 and LU-1.6.9 of
the Comprehensive Plan. Pursuant to Article 7.1.2.8(c) (2) (g) of Miami 21, please find attached
as Exhibit "B" an analysis of the general planning principles and goals and objectives of the
City's Comprehensive Plan confirming the proposed Rezoning is in conformity with the
Comprehensive Plan.
COMPREHENSIVE PLAN AMENDMENT
The City's Future Land Use Map designates the Property as Duplex Residential ("DR").
The Applicant requests an amendment to the Comprehensive Plan's Future Land Use Map from
DR to Low Density Restricted Commercial ("LDRC"). The LDRC designation allows
residential uses to a maximum density equivalent to "Low Density Multifamily Residential".
The LDRC also allows commercial uses, including uses that "generally serve the daily
retailing and service needs of the public, typically requiring easy access by personal auto, and
often located along arterial or collector roadways," including general retail, restaurants, cafes and
other commercial uses which are consistent with the permitted uses under the T4-O Transect
Zone. The amendment to the Comprehensive Plan would bring the Property in harmony with the
immediately abutting area and would allow for a gradual step-down transition of density and
height from the existing General Commercial to the North and the residential properties to the
South. The abutting properties to the East are designated Medium Density Restricted
Commercial and the properties to the North are designated General Commercial as depicted
below. Accordingly, the proposed Comprehensive Plan change from DR to LDRC is consistent
with the land use designations in the abutting properties and the immediate surrounding areas.
Image 7
Low Density Restricted
Commercial
Duplex Residential
gitH470i0YAIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
CONCLUSION
The rezoning Application to T4-O and the Comprehensive Plan Future Land Use Map
amendment to LDRC is appropriate due to the location of the Property in a commercial and more
intense residential area, is in scale with the surrounding areas, is not contrary to the established
land use pattern in the area, and furthers the goals, policies and objectives of the Comprehensive
Plan. Specifically, the above analysis supports the Applicant's proposed Comprehensive Plan
amendment and Rezoning as consistent with Miami 21 and the Comprehensive Plan.
Enclosed please find the Comprehensive Plan Amendment Application, the Rezoning
Application, a check payable to the City for the associated filing fees for the Applications, and a
survey of the Property in connection with this submittal. If you require any additional
information or would like to discuss further this request, please contact me at 305-579-0784.
Thank you for your attention to and favorable consideration of this matter.
Sincerely,
Ethan Wasserman, Esq.
cc: Coconut Grove Gateway, LLC
Ryan D. Bailine, Esq.
Enclosures
MMEMEKRC$WIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
a
EXHIBIT "A"
CITY OF MIAMI
Map TR-2
Major Tlurnrgltfaws by Functional
Classification (2004)
LEGEND
Principal Arterial Interstate - Urba
Principal Arterial Freeways &
Expressways- Urban
NOther Principal Arterial- Urban
Minor Arterial - Urban
A/Collector - Urban
Local- Urban
Duo City of Miami Eorndary
Miami -Dade County Forts
Highways
Major roads
Local Roads
Water
THE
CORRADINO
GROUP
MaIL$AEfE M§RIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
EXHIBIT "B"
Supporting Land Use Policies for Rezoning and Comprehensive Plan
Amendment for 3875, 3865, 3851, 3841, 3830, 3840, 3850, and 3860 Day
Avenue, Miami, Florida
The rezoning and comprehensive plan amendments are consistent with the
following:
The requested Land Use change to Low Density Restricted Commercial will allow
the property to be developed in a manner and character similar to the
surrounding developments and provide the requisite transition and buffer zone
between higher density and intensity uses and residential properties.
Goal LU-1: Maintain a land use pattern that (1) protects and enhances the
quality of life in the City's neighborhoods; (2) fosters redevelopment and
revitalization of blighted or declining areas; (3) promotes and facilitates
economic development and the growth of job opportunities in the city; (4)
fosters the growth and development of downtown as a regional center of
domestic and international commerce, culture and entertainment; (5) promotes
the efficient use of land and minimizes land use conflicts while protecting and
preserving residential sections within neighborhoods; (6) protects and conserves
the city's significant natural and coastal resources; and (7) protects the integrity
and quality of the City's existing neighborhoods by insuring public notice, input
and appellant rights regarding changes in existing zoning and land use
regulations.
Policy LU-1.1.3: The City's zoning ordinance provides for protection of all areas of
the city from: (1) the encroachment of incompatible land uses; (2) the adverse
impacts of future land uses in adjacent areas that disrupt or degrade public
health and safety, or natural or man-made amenities; (3) transportation policies
that divide or fragment established neighborhoods; and (4) degradation of
public open space, environment, and ecology. Strategies to further protect
existing neighborhoods through the development of appropriate transition
standards and buffering requirements will be incorporated into the City's land
development regulations.
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 community facilities in a walkable area and that are
amenable to a variety of transportation modes, including pedestrianism,
bicycles, automobiles, and mass transit.
MI®Rt846705544RIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM
Policy LU-1.1.11: The City hereby adopts designation of the City, excluding
Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that
have a land use and zoning classification of Conservation, as an Urban Infill
Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying
generally east of the Palmetto Expressway and including all of the City of Miami.
Within this area, the concentration and intensification of development around
centers of activity shall be emphasized with the goals of enhancing the livability
of residential neighborhoods and the viability of commercial areas. Priority will
be given to infill development on vacant parcels, adaptive reuse of
underutilized land and structures, the redevelopment of substandard sites,
downtown revitalization and the development of projects that promote public
transportation. Maintenance of transportation levels of service within this
designated Urban Infill Transportation Concurrency Exception Area shall be in
accordance with the adopted Transportation Corridors level of service
standards and the City of Miami Person Trip Methodology as set forth in Policies
TR-1.1.2 and 1.1.3 of the Transportation Element of the MCNP.
Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and
revitalization of blighted, declining or threatened residential, commercial and
industrial areas through a variety of public, private, and public -private
redevelopment initiatives and revitalization programs including, where
appropriate, historic designations.
Policy LU-1.2.1: The City defines blighted neighborhoods as areas characterized
by the prevalence of older structures with major deficiencies and deterioration,
high residential vacancies, widespread abandonment of property, litter and
poor maintenance of real property. Declining neighborhoods are defined as
areas characterized by the prevalence of structures having minor deficiencies,
a general need for improvements in real property, significant declines in real
property values, high vacancy rates in commercial structures and increasing
difficulty in obtaining insurance. Neighborhoods threatened with decline are
defined as areas characterized by significant but infrequent property
maintenance neglect, an aging housing stock, declining property values,
general exodus of traditional residents and influx of lower income households.
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-1.6.9: 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.
MIIR ATgt`JRIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
MIAMI 21 ZONING MAP (PROPOSED)
SHIPPING AVE SHIPPING AVE
Im-
0 150 300 600 Feet
I 1 I I
ADDRESS: 3830, 3840, 3850, 3860, 3841,
3851, 3865 & 3875 DAY AV
MIAMI 21 ZONING MAP (PROPOSED)
SHIPPING AVE SHIPPING AVE
Im-
0 150 300 600 Feet
I 1 I I
ADDRESS: 3830, 3840, 3850, 3860, 3841,
3851, 3865 & 3875 DAY AV
SAN LORENZOAVE
OAK AVE
DAY AVE
PERCIVAL AVE
OAK AVE
FROW AVE
SIIIII??jDGrDAD
G APPLICATION
G AND ZONING DEPARTMENT, HEARING BOARDS SECTION
venue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miamigov.com/hearing boards
Boma tethe City of Miami! This application is intended to serve as a guide in as i ting
with our public hearing process. Please feel free to contact us, should you have any questi
There is no deadline to submit this application as it is presented semi-annually to the Planri
Zoning and Appeals Board and the City Commission. The application submittal date is *ae
date stamped by Hearing Boards' staff on this page. The responses to this application must
be typed and signed in black ink. All pertinent and accurate information/documentation; i.e.,
the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt.
The applicant is responsible for the accuracy of the information contained in the application and
all supporting materials. Should you wish, you could bring the materials to our office for review
prior to submittal to ensure completeness.
You will be responsible, if needed, to bring an interpreter for the English language to any
presentation before city boards, committees and the city commission. A valid power of attorney
will be required if neither applicant or legal counsel representing the applicant execute the
application or desire to make a presentation before city boards, committees and the city
commission. All documents, reports, studies, exhibits (8%x11 ") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE
STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No. 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Rev. 07-2013 2
MIA 184649757v1
G APPLICATION
r to Article 7.1.2.8 of the Miami 21 Code for Rezoning information.
B. Wasserman, Esq. on behalf of Coconut Grove Gateway, LLC
S� ert No 9 �Y address(es) and folio number(s): 3860, 3850, 3840, 3830, 3875, 3865, 3851 and
8: 1 bay,A7`fe'nue, Miami FL;01-4120-013-0100; 0110; 0120; 0130; 0090; 0080; 0070; and 0060
3. Present zoning designation(s): T3-O
4. Proposed zoning designation(s): T4-O
5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of
the subject property, including aerial photo of the site as to why the present zoning designation is
inappropriate and proposed zoning designation is appropriate.
6. One (1) original, two (2) 11x17" copies and one (1) 8�/x11 copy of the survey of the property
prepared by a State of Florida registered land surveyor within six (6) months from the date of the
application.
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15. Original Public School Concurrency Management System Entered Requirements form.
16. The subject property(ies) cannot have any open code enforcement/lien violations.
Rev. 07-2013 3
MIA 184649757v1
G APPLICATION
e of the project/property site? Approximately 1.07 +/- acres.
e of this application/nature of proposed use? Approval for rezoning of properties
n ti within the boundaries of a historic site, historic district or archeological zone?
se contar;t 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:
X Planning, Zoning and Appeals Board 15 min and/or X City Commission 15 min
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, 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:
$ .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 G-=�-�--` Address 333 SE 2nd Avenue, 4400
Name Ethan B. Wasserman, Esq.
Telephone 305-579-0784
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
Miami, Florida 33131
E-mail wassermane@gtlaw.com
The foregoing was acknowledged before me this B sr\day of
2015, by Ethan B. Wasserman, Esq. who is a(n) al/ artner/age corporation of
a(n) individual/partnership/corporation. He is personally known to me or who
has produced as identification and who did (did not) take an th.
(Stamp)
LIPM. DARLENE QON7AI�
�r� ,,r MY COMMISSION # EE 849281
dEXPIRES: December 9, 2016
f �;p P Bonded Thru Notary Public Underwriters
Signature
Rev. 07-2013
MIA 184649757v1
4
WRITTEN CONSENT OF
COCONUT GROVE GATEWAY, LLC
The undersigned, being sole member (the "Member") of Coconut Grove Gateway, LLC, a
Florida limited liability company (the "Company"), does hereby certify that:
1. The only member of the Company is Christopher Korth.
2. In accordance with the terms and provisions of the organizational
documents of the Company, Christopher Korth, individually, as the Member and
as Manager of the Company, is authorized to execute and deliver to the City of
Miami any and all documents required in connection with that certain City of
Miami Rezoning Application and that certain City of Miami Comprehensive Plan
Application (the "Applications") on behalf of Company (on, after or prior to the
date hereof) with respect to the property described on Exhibit "A" attached hereto
and to cause the Company to perform the terms and provisions thereof.
3. Greenberg Traurig, P.A. is entitled to rely on this Certificate in preparing,
executing and delivering the Applications to the City of Miami with respect to the
real property described on Exhibit "A".
This Certificate may be executed via facsimile or PDF and such facsimile or PDF
signature pages shall be deemed originals.
[Signature page to follow]
MIA 184688354v1
NOW THEREFORE, the undersigned has executed the foregoing Consent as of the 9 `t
day off_, 2015.
ME
ristophe ' orth, soyember
MIA 184688354v1
1.
IkNG APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
is day, the undersigned personally appeared Ethan B. Wasserman, Esquire
, who being by me first deposes and says:
That he/she is the owner or the legal representative of the owner, submitting the public hearing
application as required by the Code of the City of Miami, Florida, affecting the real property located
in the City of Miami, as listed on the foregoing pages.
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, X including or 0 not including responses to day to day
staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names,
mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is
the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant sayeth not.
Ethan B. Wasserman, Esquire
Applicant(s) Name Applicant(s) Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this V sl'` day of
2015, by Ethan B. Wasserman, Esquire who is a(n) individual/partner/ajent/coFporation of
a(n) individual/partnership/corporation. He is personally known to me or
who has produced as iden$ification end who did not) take an oath.
(Stamp)
M. DARLENE GONZALEZ
MY COMMISSION # EE 849281
EXPIRES: December 9, 2016
Bonded Thru Notary Publio Underwriters
Signature
Rev, 07-2013
MIA 184649757v1
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) Coconut Grove Gateway, LLC
Percentage of Ownership
Subject Property Address(es) 3860, 3850, 3840, 3830, 3875, 3865, 3851 and 3841 Day Avenue,
Miami Florida
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):
Owner(s) or Attorney Name
Owner( or Att ney Signature
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this ( SPA day of
20 1,�" ,bye%1MI'� Dpittr v,r'I-L..
who is a(n) indite vidual/partnerfagent/corporation of a(n)
individual/partnership/corporation. He/She is personally known to me or who has produced EL
yi er5 treed, se as identification and who did (did n.t) take an oath.
r4
0,0AL-u-e
(Stamp)
M. DARLENE GONZALEZ
MY COMMISSION # EE 849281
` EXPIRES: December 9, 2016
Bonded Nu Notary Public Underwriters
Signature
Rev. 07-2013
MIA 184649757v1
6
EXHIBIT "A"
1. PROPERTY ADDRESS: 3875 DAY AVE
FOLIO No.01-4120-013-0090
LEGAL DESCRIPTON:
LOT 11, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION OF PART OF
THE SE '/a OF THE NE ''A OF SECTION 20, TOWNSHIP 54 SOUTH, RANGE 41
EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND
EXCEPT THE SOUTH 5 FEET, PER THE WARANTY DEED TO THE CITY OF
MIAMI RECORDS IN
O.R. BOOK 3664, PAGE 271 AND RE -RECORDED IN O.R. BOOK 4941, PAGE 402,
ALSO LESS AND EXCEPT THAT PORTION OF SAID LOT 11 CONVEYED TO
DADE COUNTY, IN THE RIGHT OF WAY DEED RECORD IN O.R. BOOK
4146,PAGE 214, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
2. PROPERTY ADDRESS: 3865 DAY AVE
FOLIO No.01-4120-013-0080
LEGAL DESCRIPTON:
LOT 10, LESS THE 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL
AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
3. PROPERTY ADDRESS: 3851 DAY AVE
FOLIO No.01-4120-013-0070
LEGAL DESCRIPTON:
LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
4, PROPERTY ADDRESS: 3841 DAY AVE
FOLIO No.01-4120-013-0060
LEGAL DESCRIPTON:
LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
MIA 184688354v1
. PROPERTY ADDRESS: 3830 DAY AVE
FOLIO No.01-4120-013-0030
LEGAL DESCRIPTON:
LOT 14 AND 15, REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
6. PROPERTY ADDRESS: 3840 DAY AVE
FOLIO No.01-4120-013-0020
LEGAL DESCRIPTON:
LOT 14 AND 15, REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
7. PROPERTY ADDRESS: 3850 DAY AVE
FOLIO No.01-4120-013-0010
LEGAL DESCRIPTON:
LOT 13, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT
PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
8. PROPERTY ADDRESS: 3860 DAY AVE
FOLIO No.01-4120-013-0100
LEGAL DESCRIPTON:
LOT 12, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT
PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
MIA 184688354v1
State of Florida
Department of State
I certify from the records of this office that COCONUT GROVE GATEWAY,
LLC is a limited liability company organized under the laws of the State of
Florida, filed on May 29, 2012.
The document number of this limited liability company is L12000071959.
I further certify that said limited liability company has paid all fees due this
office through December 31, 2015, that its most recent annual report was filed
on February 23, 2015, and that its status is active.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Twenty-second day of June,
2015
ION tr#A.
Secretary of State
Tracking Number: CU3887160517
To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
111111111111111111111111111111111111111111111
PREPARED BY/RETURN TO:
N. Betty Gonzalez, Esq.
Law Offices of N. Betty Gonzalez, P.A.
255 University Drive
Coral Gables, FL 33134
Parcel Identification No.: 01-41-20-013-0100
CFN 2012R0479497
'a'497
OR Bk .28179 Pas 3448--3449i— (2psa)
RECORDED 07/09/2012 11129:33
DEED DOC TAX 810.00
SURTAX 607.50
HARVEY RUVIM, CLERK OF COURT
MIAMI-DADE COUNTY► FLORIDA
WARRANTY DEED
THIS WARRANTY DEED is made and entered into as of the.21 day of June, 2012, by 4G'S
3860 DAY LLC., a Florida limited liability company (the "Grantor"), whose mailing address is PO
Box 830324, Miami, FL 33283, to COCONUT GROVE GATEWAY LLC., a Florida limited liability
company (the "Grantee"), whose mailing address is 3901 Grand Avenue, #272, Miami, FL 33133.
Wherever used herein, the terms "Grantor" and "Grantee" shall include all of the parties to this instrument
and their respective successors and assigns.
WIT NE SSETH:
GRANTOR, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and
sold, and by these presents does hereby grant, bargain and sell to Grantee, the following described land
situate, lying and being in Miami -Dade County, Florida (the "Property"):
LOT 12, LESS THE NORTH 5 FEET, THEREOF, PERCIVAL AND SANFORDS
REV", ED PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, BOOK 140, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
a/k/a 3860 Day Avenue, Miami, FL 33133
TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or
in anywise appertaining.
TO HAVE and to hold the same in fee simple forever.
GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee
simple, that Grantor has good right and lawful authority to sell and convey the Property, that Grantor
hereby fully warrants the title to the Property and will defend the same against the lawful claims of all
persons whomsoever.
[signature page to warranty deed on following page]
Book28179/Page3448 CFN#20120479497 Page 1 of 2
OR iQ K 28179 PG 3449
LAST PAGE
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal as of the day and year
First above written.
4G'S 3860 DAY LLC., a Florida limited
liability company
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 217 day of' June, 2012, by EURACLIO
PONS, managing member who is persona li v knowwn to me or ducedas
identification.
(NOTARY SEAL)
, NANtiv ISEATRWW OON LeZ
i ![�NOTARY ?FL R STATE OF FLORIDA
Comm# DD960499
OE Expires 211012014
Name:
Notary Public, State of Florida
Book28179/Page3449 CFN#20120479497 Page 2 of 2
111111111111111111111111111111111111111111111
THIS INSTRUMENT PREPARED BY AND RETURN TO:
Millie Crenshaw for
Southern Title & Abstract, Inc.
905 Lee Rd.,Orlando, PL 32810
Property Appraisers P cc Identification
(Folio) Number, '�0-U L 3-61l 0
\.z.zt, ID,-1a3S
cI~1 2a1.2Ro933929
OR l:k 28417 Pss 4109 - 4111i (3ess)
--RECORDED-.12/27/2012-11:$4:14
DEED DOC TAX 246.00
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
SPACE ABOVE THIS LINE FOR RECORDING DATA
WARRANTY DEED
THIS WARRANTY DEED, made the loth da y of December, 2012 by Patricia Denegall, as Personal
Representative of the Estate of Carmetta Cash Russell aka Carmetta Cash Brown, deceased, and Erika 1VL
Lewis, individually and as Personal Representative of the Estate of Eugenia Cash Stubblefield, deceased, and
Kenneth G. Cash, whose post office addresses are listed herein, called the Grantors, to Coconut Grove Gateway,
LLC, a Florida limited liability company, whose post office address is
#272, 3901 Grand Avenue, Miami, FL 33133, hereinafter called the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
W I T N E S S E T H: That the Grantors, for and in consideration of the sum of TEN AND 00/100'S ($10.00)
Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in MIAMI-DADE
County, State of Florida, viz.;
Lot 13, LESS the North 5 feet thereof for road, REVISED PLAT PERCIVAL AND
SANFORD SUBDIVISION, according to the Plat thereof as recorded in Plat Book 1, Page
140, Public Records of MIAMI-DADE County, Florida.
Subject to easements, restrictions and reservations of record and taxes for the year 2012 and
thereafter.
Each Grantor herein certifies the above described property is not their homestead property, nor the
homestead property of any Grantor spouse or Grantor minor children, as defined in the constitution of
the state of Florida.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever. Subject to restrictions, easements and reservations of
record, however this reference shall not operate to reimpose same.
AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee
simple; that the' Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is
free of all encumbrances, except taxes accruing subsequent to December 31,2012.
IN WITNESS WHEREOF, the said Grantors have signed and seated these presents the day and year first above
written.
Signed, sealed and delivered in the presence of:
Wyi ss NI Signature
Arn s i~t./GataL-
Witness #1 Printed • e
Wess #2 Si
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Patricia rsona epresentatve
14 4L 3 S, W .1641.11 r-Q-
'(`(\orn'l ,VL 3319(
The foregoing instrument was acknowledged before me this 6th day of December, 2012 by Patricia Denegall as
personal Representative ofthe Bstatenf.Carinetta Cash Russell, aka C etta Gash Brown, deceased,
who is personally known to tiv or have prod`u /Jy u e� (; t�_r as identification;
SEAL, , ;^2;kt. House TJEAnouis
MYCOMMMIONtEE114264
EXPIRES: July 21, 2016
ireanda� addednsutatdMary Serdws
No Public My Commissien Expires: Egq- z7 • 9 9 f S"."
Book28417/Page4109 CFN#20120933929
Page 1 of 3
Signed, sealed andelivered in the presence of:
itne s re
�JK e i
Witness #1 Prbfted Name
Witness#2 Signature
cSV,Pie.,
Witness #2 Printed Name
STATE OF MAULAND
COUNTY OF -.lice. fere r J
ERIKA M. LEWIS, Personal Representative
ERIKA M. LEWIS, ndividaally
gal a 1
LarY bvzr NItsl ab18+
dv
The foregoing instrument was acknowledged before me this ,th day of December, 2012 by Erika M. Lewis,
Individually and as Personal Representative of the Estate of Eugenia Cash Stubblefield, who is personally known to
me or have produced t dri vrts i,•c-uoce - as identification,
SEAL
Notary Public
My Commission Expires: 'y1/4/�
`. fir +,..�'` .
^;n,i,.p.Y aF
Book28417/Page4110 CFN#20120933929 Page 2 of 3
OR BK 28417 PG 4111
LAST PAGE
Signed, sealed and delivered in the presence of:
Witness #1 Signature
Wi s #1 Printed erne
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
G. C H
1T6 r654— 4)),k/
3a(8
The foregoing instrument was acknowledged before me this .1.0th day of December, 2012 by Kenneth G. Cash
who is personally known to me or have produced -Ft-Pt-CL.WooSolL-10 as identification,
AI ERICA MCDUFFIE
Comntsslon EE 069915
Expires March Z 2016
Bonded WITIoirtifilrisurano302464019
Notary Public
My Commission Expires:
cs-ytry-a.
Book28417/Page4111 CFN#20120933929 Page 3 of 3
111111111111111111111111111111111111111111111
This instnunent prepared by
Louis L. La1ontisee, Jr.
3121 Conunodom Plaza, Suite 301
Miami, FL 33133
Folio No.: 014120 013 0120
& 014120 013 0130
WARRANTY DEED
OFN 2O i 2RNa -, 333
OR-sk 28171 P'ss 1337---1338? 12pss)
RECORDED 07/02/2012 10:58:32
DEED DOC TAX 1v650.00
SURTAX 1/237.50
HARVEY MIN, CLERK OF COURT
MIAMI-DADE COUNTY► FLORIDA
This Indenture made this 4/day of May, 2012, between Ronald G. Higgins and Josie West -
Higgins, husband and wife, (hereinafter called "Grantors") and Coconut Grove Gateway, LLC, a
Florida limited liability company, whose address is 3901 Grand Avenue, #272, Miami, FL 33133
(hereinafter called "Grantee").
WITNESSETR
That the Grantors, for and in consideration of the sum of Ten Dollars and other good and
valuable consideration to said Grantors in hand paid by said Grantee, the receipt of which is hereby
acknowledged, have granted, bargained and sold to the said Grantee, and Grantee's heirs and
assigns forever, the following -described land, situate, lying and being in Miami -Dade County,
Florida, to -wit:
Lots 14 and 15 of REVISED PLAT OF PERCIVAL and SAMFORD
SUBDIVISION, according to the Plat thereof, recorded in Plat Book 1, at Page 140
of the Public Records of Miami -Dade County, Florida.
and said Grantors do hereby fully warrant the title to said land, and will defend the same against the
lawful claims of all persons whomsoever.
Subject to taxes for the current year and subsequent years, conditions,
easements of record, if any, and applicable zoning ordinances.
IN WITNESS WHEREOF, Grantors have hereunto set their hart
first above written.
restrictions, limitations,
and seal the day and year
Signature:
WITNESSES: A
�
)<
-- 1'. p 1nnI
`�-~ I1 �
Printed Name: ait7 . �4JJ4 - " Ro � d s
✓ `� 4012 r Avenue
Signature: ,�'•'�---� Miami, FL 33133
Printed
e: 1-424"s .�..�-�►a?r;
Book28171 /Page1337 CFN#20120463835 Page 1 of 2
• OR BK 28171 PG 1 338
LAST PAGE
osie West Higgins.'I
4012 Irvington Avenue
Miami, FL 33133
State of New York )
County of eirCINA )
The foregoing instrument was acknowledged before me by Josie West Higgins. She is
personally known to me or did produce '1,°t74 hy2-SIA7a44-kgty 04 ,_as identification and did
take an oath this by day of May, 2012.
My commission expires: (NOTARIAjej 4REENBERG
Lk9V 'r Q} )" Notary Public - State of New York
No. 01 QR6257292
State of Florida Qualified In Bronx County
My Commission Expires Mar.12, 2016
County of Miami -Dade)
The foregoing instrument was acknowledged before me by Ronald G, Higgins He is
personally known to tune or did produce as identification and did
take an oath ttu's day of May, 2012.
My commission expires:
6'2 A (J =Q..„.
Notary Public State of Florida
Name of Notary
(NOTARIAL -SEAL) --� •..
,,,` Y a 1LEANA LA FMNTISES
Ai-,. Notary Public • State of Florida
I My Comm. Expires Apr 25, 2014
Commisulon 0 DD 972437
Bonded Through National Notary Assn. I
Book28171/Page1338 CFN#20120463835 Page 2 of 2
111111111111111111111111111111111111111111111
This document was prepared by;
Thomas Ringel, Esq.
MARKOWITZ RINGEL, TRUSTY & HARTOG, P.A.
9130 South Dadeland Boulevard
Suite 1800
Miami, FL 33156
Parcel ID Number: 01-4120-013-0090
Quitclaim Deed
This Quitclaim Deed, Made this
KORTH
CFN 2012R0413073
OR 8k 28146 Ps 00281 (1140
RECORDED 06/12/2012 11:08:28
DEED DOC TAX 234:00
HARVEY RUVIHr CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
LAST PAGE
day of .Tune , 2 012 A.D., Between
KORTH PROPERTY MANAGEMEt77` LLC, a Florida limited liability company
of the County of Miami -Dada , Stato of Florida , grantor, and
COCONUT GROVE GATEWAY, LLC, a Florida limited liability company
whose address is: 3901 GRAND AVENUE, #272, MIAMI, FL 33133
of the County of Miami -Dade , Stood Florida , grantee.
Witnesseth that the GRANTOR for and in consideration of the sum of
TEN DOLLARS ($10) DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and quitclaimed to the said GRANTED and GRANTEE'S heirs, successors and assigns forever, the following described land, situate,
lying and being in the County of Miami -Dade Stale of Florida to wit:
LOT 11, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION OF PART OF THE
SE 1/4 OF THE NE 1/4 OF SECTION 20, TOWNSHIP 54 SOUTH, RANGE 41 EAST,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140,
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THE
SOUTH 5 FEET, PER THE WARRANTY DEED TO THE CITY OF MIAMI RECORDED IN
O.R. BOOK 3684, PAGE 271 AND RE -RECORDED IN O.R. BOOK 4941, PAGE 402,
ALSO LESS AND EXCEPT THAT PORTION OF SAID LOT 11 CONVEYED TO DADE
COUNTY IN THE RIGHT OF WAY DEED RECORDED IN O.R. BOOK 4146, PAGE 214,
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
To Have and to Hold to same together with ant and singular the
nppertainhtg, and all the estate, right, title, interest, lien, equity and claim
the use, beneRt and profit of the said grantee forever,
itness Whereof, the grantor has hereunto set its hand and seat the day and
Witness
Printed
Witness
and delivered in our presence:
cniccd:cbeg
akzar-t-e-0-1
ame :132Ky.! (AJ%7660
STATE OF Florida
COUNTY OF Miami -Dade
The foregoing instrument was acknowledged before me this
CHRISTOPHER KORTH, Manager of KORTH
limited liability company
he is personally known to me or he has produced his Flora.
3875 QCD
KOR
CHRI
P.O. Address: 39
appurtenances thereunto belonging or in anywise
whatsoever of grantor, either in law or equity, for
year first above written.
PERTY MANAGEMENT LLC, a
l ed it'y co.,
i
OPH
(Seal)
KORTH, Manager
1 GRAND AVENUE, #272, Miami, FL 33133
day of June , 2 012 by
MANAGEMEN a Florida
ry P • is
otnmission Expires:
Lam Generated by 0 Display Syseme, Uw., 20t2 (053) 763-5555 Form FLQCD-t
Book28146/Page28 CFN#20120413073
Page 1 of 1
1111111IIIII I111111111IIIII IIIII IIIII11111111
Co
---- Prepared by Millie Crenshaw for
Southern Title & Abstract, Inc,
905 Lee Road 407-629-9025
Orlando, FL 32810
Property Appraisers Parcel identification
Fol`io) Number 01-4120-013.0080
SPACE ABOVE THIS LINE FOR RECORDING DATA
WARRANTY DEED
CFN 2O 12RO93,.38OID
OR Bk 28417 Ps 36751 (lac)
REC0RDED-12/27/2012 11140128
DEER DOC TAX 246.00
HARVEY RUVINt CLERK OF COURT
MIAMI—DADE COUNTY, FLORIDA
LAST PAGE
THIS WARRANTY DEED, made the 10th day of December, 2012 by Erika M. Lewis, individually
and as Personal Representative, of the Estate. of Eugenia Cash Stubblefield, deceased, whose post office
address is 4212 74th Ave., Landover Hills, MD 20784 herein called the Grantor, to Coconut Grove Gateway,
LLC, whose post office address is #272, 3901 Grand Avenue, Miami, FL 33133, hereinafter called the Grantee:
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
W I T N E S SET H: That the Grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00)
Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in MIAMI-DADE
County, State of Florida, viz.:
Lot 10, LESS the South 10 feet thereof for road, REVISED PLAT PERCIVAL AND SANFORD
SUBDIVISION, according to the Plat thereof as recorded in Plat Book 1, Page 140, Public Records of
MIAMI-DADE County, Florida.
Grantor herein warrants the above described property is not the homestead of the grantor, nor the
homestead of the grantor's spouse or minor children, as defined in the constitution of the state of
Florida,
Subject to easements, restrictions and reservations of record and taxes for the year 2013 and
thereafter.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever. Subject to restrictions, easements and reservations of
record, however this reference shall not operate to reimpose same.
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land hi fee simple;
that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, bla
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
written.
ned, sealed and ' elivered in the presence of:
Witness 4T Sig '+t re
Witness # 11'finted Name
Witness #2 Signature
1 Fei c Xr•. c
Witness #2 Printed Name
STATE OF MARYLAND
COUNTY OF
gat/
Erika M. Lewis, individually and as Personal
Representative of the estate of Eugenia Cash
Stubblefield, dece sed
L la 1h-Ne.>1ue
L rdovef gills I MD s0`lgi
The foregoing instrument was acknowledged before me this 1,0th day of December, 2012 by Erika M. Lewis,
individually and as personal representative of the estate of Eugenia Cash Subblefield, deceased, who is personally
known to me or has produced ( /fir, ,.'t / G„=r, as identification,
SEAL 1
Notary Public
Printed Notary Name
mrici
Book28417/Page3675 CFN#20120933800 Page 1 of 1
111111111111111111111111111111111111111111111
RECORD & RETURN TO:
Markowitz, Ringel Trusty & Hartog, RA,
Two Datran Center, Suite 1800
9130 S. Dadeland Blvd,
Miami, FL 33156
CFN 2c'12R0$94O7o
OR I:k 28239 Ps 17641 (ips)
RECORDED 08/22/201216A3S:S7
DEED DOC TAX 1r170.00
SURTAX 877.50
HARVEY RUVIHr CLERK OF COURT
NAM-DADE COUNTY, FLORIDA
LAST PAGE
WARRANTY DEED
THIS WARRANTY DEED made and executed the AV day of August, 2012, by JONES REALTY
INVESTMENT MANAGEMENT, INC., a Florida limited liability company, hereinafter called grantor, whose
address is 3020 Elizabeth Street, Miami FL 33133 to COCONUT GROVE GATEWAY, LLC, a Florida limited
liability company, whose address Is 3901 Grand Avenue, #272 hereinafter called the grantee:
Miami, FL 33133
WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable
consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien,
remise, release, convey and confirm unto the grantee, all that certain land situate In MIAMI-DADE COUNTY,
Florida, viz: Tax Folio No. 01-4120-013-0060 and 01-4120-013-0070
Lots 8 and 9, PERCIVAL AND SANFORDS, according to the Plat thereof, recorded In Plat
Book 1, Page 140, of the Public Records of Miami -Dade County, Florida.
This conveyance is subject to the following:
1. Real Property Taxes for the year 2012 and subsequent years.
2. Conditions, restrictions, limitations and easements of record, without the
intention of reimposing the same including the Declaration of Condominium
and all amendments thereto,
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining,
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that it is lawfully seized of said land In fee simple;
that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to
said land and will defend the same against the lawful claims of all persons whomsoever, and that said
land Is free of all encumbrances.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered
In ese *.rnPce
,
TUBE O�riT�i
IN NAMEOo�
TM RE O. WIT S
.f
PRI T N ME OF WITNESS
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
JONE
Flora
ENT MANAGEMENT, INC., a
FRED'I JO DES, PR IDEN
.2t11 SYRcaf•
h/iw�r Fla kid 3.7/33
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared FREDRICK JONES, as President of
JONES REALTY INVESTMENT MANAGEMENT, INC., a Florida corporation, personally known to me or
who has produced vPrS&nrlr l; ,•vr,2141..•t1 Yi-f as identification, and who has taken an oath,
executed the foregoing instrument and acknowledged before me that he executed the same.
WITNESS my hand a
August 2012. /
gfficial seal i
NCJTARY PUBLIC S
PRINT NAME:
unty a State last aforesaid this
l�,�l1iG
E OF FLOR
,,icy:
,iucJk c
This Instrument was prepared by: Pov Otis b. StA494, £,,y _
STRATTON FEINSTEIN & ASSOCIATES, P.A. Q
407 Lincoln Road, Suite 2A
Miami Beach, Florida 33139; (305) 672-7772 phone
Book28239/Page1764 CFN#20120594070 Page 1 of 1
EXHIBIT A
1. PROPERTY ADDRESS: 3875 DAY AVE
FOLIO No.01-4120-013-0090
LEGAL DESCRIPTON:
LOT 11, REVISED PLAT PERCIVAL AND SANFORD SUBDIVISION OF PART OF
THE SE 'A OF THE NE 'A OF SECTION 20, TOWNSHIP 54 SOUTH, RANGE 41
EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND
EXCEPT THE SOUTH 5 FEET, PER THE WARANTY DEED TO THE CITY OF
MIAMI RECORDS IN
O.R. BOOK 3664, PAGE 271 AND RE -RECORDED IN O.R. BOOK 4941, PAGE 402,
ALSO LESS AND EXCEPT THAT PORTION OF SAID LOT 11 CONVEYED TO
DADE COUNTY, IN THE RIGHT OF WAY DEED RECORD IN O.R. BOOK
4146,PAGE 214, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
2. PROPERTY ADDRESS: 3865 DAY AVE
FOLIO No.01-4120-013-0080
LEGAL DESCRIPTON:
LOT 10, LESS THE 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL
AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
3. PROPERTY ADDRESS: 3851 DAY AVE
FOLIO No.01-4120-013-0070
LEGAL DESCRIPTON:
LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
4. PROPERTY ADDRESS: 3841 DAY AVE
FOLIO No.01-4120-013-0060
LEGAL DESCRIPTON:
LOT 8 AND 9, PERCIVAL AND SANFORD, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
MIA 184668672v1
5. PROPERTY ADDRESS: 3830 DAY AVE
FOLIO No.01-4120-013-0030
LEGAL DESCRIPTON:
LOT 14 AND 15, REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
6. PROPERTY ADDRESS: 3840 DAY AVE
FOLIO No.01-4120-013-0020
LEGAL DESCRIPTON:
LOT 14 AND 15, REVISED PLAT OF PERCIVAL AND SANFORD SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
140, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
7. PROPERTY ADDRESS: 3850 DAY AVE
FOLIO No.01-4120-013-0010
LEGAL DESCRIPTON:
LOT 13, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT
PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF
MIAMI-DADS COUNTY, FLORIDA.
8. PROPERTY ADDRESS: 3860 DAY AVE
FOLIO No.01-4120-013-01.00
LEGAL DESCRIPTON:
LOT 12, LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT
PERCIVAL AND SANFORD SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 140, PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
MIA 184668672v1
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:
Christopher Korth
HOME ADDRESS:
CITY:
(First Name)
(Middle) (Last Name)
(Address Line 1)
(Address Line 2)
STATE: Florida ZIP:
HOME PHONE: CELL PHONE: FAX:
EMAIL:
BUSSINESS or APPLICANT or ENTITY NAME
Coconut Grove Gateway, LLC
BUSINESS ADDRESS: 3109 Grand Ave. #272
(Address Line 1)
Miami, Florida 33133
(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.
Rezoning Application pursuant to Section 7.1.2.8 of Miami 21 to change the zoning of
the property from T3-0/NCD-2 to T4-0/NCD-2 and the land use designation from Duplex
Residential to Low ,Density Restricted Commercial
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.
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
5. Describe what is being requested in exchange for the consideration.
I hereby acknowledge that it is unlawful
Ordinance 12918 and such circumvention
or civil penalties that may be imposed
disclosure requirement was not fully and
1. the application or
effect; and
2. no application from
considered by the applicable
nullification of the application
PERSON SUBMITTING DISCLOSURE:
ACKNOWLEDGEMENT OF COMPLIANCE
to employ any device, scheme or artifice
shall be deemed a violation of the
under the City Code, upon determination
timely satisfied the following may
order, as applicable, shall be deemed
any person or entity for the
board(s until -ex 'ration
or er.
to circumvent the disclosure requirements of
Ordinance; and that in addition to the criminal
by the City Commission that the foregoing
occur:
void without further force or
same issue shall be reviewe or
of a period o yearfirthe
ignature
Chri topher Korth
this 0 50^ day of\.,1-Lt 114
Print Name
Sworn to and subscribed before me
instrument was acknowledged before
f L. ' r i v.p r5 L 1 C,efi SQ
, 20(f 5 . The foregoing
me by all q .5.b Diu, I( 1 Ko�4-1."... who has produced
as identification and/or is personally
known to me and who did/did not take an oath.
(n/ -
STATE OF FLORIDA }
CITY OF MIAMI
MY COMMISSION EEENf.afr
EXPIRES: QL. 9/ ri40 (o
�!I , t?, M. DARLENE GONZALEz
* t' 11 MY COMMISSION # EE 849281
a.= EXPIRES: December 9 2016
r�' RA. °P, Bonded Thru Notary Public Underwriters
)/
Notary �f
1 - -i1-e r) -P Gar ZQ e 2
Enclosure(s)
Doc. No.:86543
Print Name
Page 2
GreenbergTraurig
June 4, 2015
Mr, Francisco Garcia
City of Miami Planning Director
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33131
Ethan B. Wasserman
305-579-0784
wassermane@gtlaw.com
Re: 3860, 3850, 3840 and 3830 Day Avenue (the "South Parcels") and 38'75, 3865,
3851 and 3841 (collectively, the "North Parcels," and together with the South
Parcels are collectively referred to herein as the "Property")
Application for Rezoning
Dear Mr% Garcia:
Our firm represents Coconut Grove Gateway, LLC ("Owner"), the Owner of the above
referenced Property. Please accept this letter as our formal request for a pre -application
conference in connection with a proposed rezoning Application. Specifically, the Owner is
requesting a rezoning of the Property from the current zoning designation of T3-O to T4-0. We
have encloseda copy of the survey of the Property for your review,
We look forward to meeting with you to discuss the Application in greater detail. Should
you require any additional information, please contact me at 305-579-0784.
Ethan B. Wasserman
Encl.
MIA 1845812920
GREENBERG TRAORIG, A. ATTORNEYS AT LAW n WWW,GTLAW,COM
333 S.E. 2nd Avenun Suite 4400 Mh-irni, FL 33131-3238 n 2e305.579,0500 a Fax 305.579,0717
4 .
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wassermanePqtlaw.com
Applicant Email Address
ING REFERRAL,
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Pre -Application Meeting
Assisted Living Facility
Principal Frontage
Other:
June 5, 2015
Date
0141200130130, 0141200130120, 0141200130060
0141200130110, 0141200130070, 0141200130100,
0141200130080, 0141200130090,
Folio Number
305.579-0784
Applicant Phone Number
38303840, 3850, 3860 Day Ave„ 3841, 3851, 38,63875 Day Ave,
Project Street Address
T3-O/NCD2
Transect Zone
To BE COMPLETED BY THE OFFICE OF ZONING
Rezoning — Sect, 7.1.2.8
Type of Permit Requested — Code Section
Request to Rezone eight (8) properties that are currently zoned T3-0/NCD2 to T4-0/NCD2.
L.ckt, De, 1,,t 4 - )2.4,:.J ci
Summary of Request
CITY OF MIAMI
OF F•ICE o ZONING:
P.h:i305.i,416-1492
444 ESW 214 Ave 4thF1oorMirn, Floor1-11,33130
Date
Revised .11/2812611
DEPARTMENT OF PLANNING AND ZONING
LAND USE AND REZONE COMMENTS
SEPTEMBER 2015 CYCLE
June 11, 2015
Ethan B. Wasserman
Greenberg Traurig
333 SE 2nd Avenue, Suite 4400
Miami FL 33131-3238
Subject: 3860, 3850, 3840•and 3830 Day Ave. (south parcels) and
3875, 3865, 3851 and 3841 Day Ave. (north parcels)
Net District: SouthlWest Coconut Grove
During our Pre -application meeting on June 8, 2015, the following request was presented:
A rezoning per Article 7, Section 74.28 (a) (3), to allow the successional rezoning of land The
proposal is to change the zone of the subject lots from 7-3-0/NCD-2 to T4-0INCD-2; and a Land
Use change from "Duplex Residential" to "Low Density Restricted Commercialto correspond with
the proposed rezoning.
Based on the request, staff has prepared the following comments, Please note, said comments are not
to be construed as a recommendation of approval or support of the proposal,
Staffs comments are as follows;
1. The deadline to submit a complete Rezoning and Land Use Change application is July 17, 2015.
Contact Ms. Christine Hwa, Hearing Boards Coordinator via e-mail at: CFlwa@Miarnigov,com or
by phone at 305-416-2031 for an appointment to submit the application.
a. Any restrictive covenant associated with the request, shall be submitted with the
application package.
2. Provide a letter of intent in accordance to Article 7, Section 7,1.2.8 (c) 2, schedule of outreach
meetings with the community, and a massing plan.
3. Include the acreage proposed to be rezoned on the survey.
4. A school concurrency letter is required; please contact the Hearing Boards Department at
305.4162030 with any question concerning the concurrency process,
5. A Unity of Title in recordable form is required for the proposed rezoning of the subject lo
444 SOUTHWEST 2Ni AVENUE, 3RO FLOOR, MIAMI, FL 33130
305.416,1400 WVvW.MIAMIGOV.COM
Page 2of2
3860 Day Ave,
6, Provide a flash drive with all application materials.
7, A Traffic Study may be required upon further review of the submitted documents.
Be Advised: The Planning and Zoning Department reserves the right to make recommendations
pertaining to which Transect Zone will yield the most coherent zoning pattern in the context of the
immediate vicinity, Consequently, the City of Miami reserves the right to comment on the proposal as
more information is provided and may revise previous comments based on this. supplementary
information,
The Department; reviews proposals based on Miami 21 and the City Code. Furthermore, the proposed
Rezone and Land Use Change is subject to review and compliance with the requirements of all City
departments, as applicable.
Sincerely,,
Jacqueline Ellis
Planner 11
Cc;_
Christopher Brimo AFCP, Chia f of Land Use
Derrick Cook, Plan Coordinator
Davin Cejas, Zoning Manager
Pamela Stanton, Zoning Plans Processor
Christine HWa, Hearing Boards Coordinator
444 SOUTHWEST 2ND AVENUE, THIRD FLOOR, MIAINI, FL 33130
306.41 5.1.400 — WWW.MIAMIO0V.00M
BOUNDARY SURVEY
DAY AVENUE AND BROOKER STREET
COCONUT GROVE, MIAMI, FLORIDA 33133
IN SECTION 20, TOWNSHIP 54 SOUTH ,RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA
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LEGAL DESCRIPTION:
PROPERTY ADDRESS 38T5 DAY AVE
FOLIO N o.014120.0130090
D FLAT PERCIVAL AND
F THE
SE4 OF THE NE n'O SECTON., TOWNSH054 SOUTTH.RANGEat EAST,
ACCORDING TO THE PLAT THEREOF ASRECORDED IN PLAT BOOKI.PAGE 140.
PUBLIC RECORDS OF MIAMI-DADE cowry. FLORIDA. LESS AND EXCEPT THE
SOUTH 5 FEET. PER THE WARANIY DEED TO THE COYOF MIAMI RECORDS IN
PAGE 271 AND RETTECORED IN O:RBOOK 4981. PAGE802
ALSO LESS AND EXCEPT THAT PORTONOF SAID LOT II CONVEYED TO OAE
COUNTY, IN THE RIGHT OF WAY DEED RECORD IN Olt BOOK 414S. PAGE 214,
PUBLIC RECORDS OF MMMI DADE COUN, FLORID,
PROPERTY ADDRESS 3e. DAY AVE
FOLIO N7.014.120UT3-0090
LEGAL
LOT 10. LESS DESCRIPTOR:
THE 5 FEET THEREOF FORROAD. REVISED PLAT PERCIVAL.0
SANFORO SUBDIVISION. ACCORDING TO THE PLAT THEREOFAS RECORDED N
PLAT BOOK 1. PAGE 140. PUBLIC RECORDS OF MI.10ADE COUNTY. FLOROA.
PROPER:FF.0R.. 3851 DAY AVE
FOLIO No.014:7200130070
DESCRIPTOR..
LOT 8 AND PERCIVAL.° SANFORD. ACCORDING TO THE PV.TTHEREOF as
RECORDED IN PLATBOOK 1. PAGE ...PUBLIC RECORDS OF MNMNDADE
COUNT, FLORIDA
PROPERTY ADDRESS: 38110AYAVE
FOLIO No.81,12.0100060
LEGAL DESCRIPTOR:
LOT 8 AND B PERCIVAL
AND SANFO RD. ACCORDING TO THE PLAT THEREOF AS
RECORDED PLAT BOOK 1. PAGE 140.PUBLIC RECORDS OF MwMI-0ADE
COUNTY. FLORIDA
PROPERTY ADDRESS: 3830 DAY AVE
LEGAL ESCRIPTOrO
LOT 14 AND ...REVISED PLAT OF PRCIVAL AND SANFORDSUBDMISION. ACCORDING
TO TIE FLAT THEREOF RECORDED INPLAT BOOK 1. PAGE I...PUBLIC RECORDS
OF IUTAMNDADE COUNTFLORIDA.
PROPERTY ORES>o DAY AVE
DESCRIPTOR.130020
LEGAL
LOT 18 AND REVISED AS
AND 0005SANFORD S0140.0ON.ACCOROMG
TOTHE PLAT THEREOF AS RECORDED IN PLAT BOOK I. PAGE 140. PUBLIC RECORDS
OF MIAMI-0ADE COUNTY. FLORIDA.
PROPERTYAODRESS: 3850 DAY AVE
FOLIO No.014120-0130010
LEGAL DESCRIPTOR:
LOT 13. LESS THE NORTH 5 FEET THEREOF FOR ROAD, REVISED PLAT PERCIVAL AND
SANFORDSUBDIVISION.ACCORDING TOTHE PLAT THEREOF AS RECORDED IN
PLAT ElOOK 1. PAGE I...PUBLIC RECORDS OF MIAMLOADE COUNTY. FLORIDA.
PROPERTYADDRES038w DAYAVE
FOLIO No LEGAL DESCR*TON. 1
LOT 12 LESS THE NORTH 5 FEET THEREOF FOR ROAD. REVISED PLAT PERCIV .AND
SANFORD DPn51ON.A000RDINGTO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1. PAGE 1.. PUBLIC RECORDS OF MIAMI0ADE COUNTY. FLORIDA.
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BOUNDARY SURVEY
DAY AVENUE AND BROOKER STREET
COCONUT GROVE, MIAMI, FLORIDA 33133
IN SECTION 20, TOWNSHIP 54 SOUTH ,RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA
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BENCH MARK:
NAME: L399
LOCATOR:4143 SW
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NAV088:99959
LOCI: OF EDGE OF PAVEMENT OF SOUTHBOUNO LANE
PONCE DE LEON BLVD- 27.'NORTH OFCL OF EASTBOUND LANE
DESCRIPTION RCS BRASSWCONC ABUTMENT.
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STDATE 3202009
_DATE
ADJUSTMENT INFO
ADJ ▪ IE
LAST
FIELD CM2200000S.
T-AODITION OR DELETIONS OR ANY OTHER CHANGES OF THE
INFORMATION DEPICTED IN THIS SURVEK IS PROHIBIT WITHOUT
THE WRITTEN CONSENT °ETRESIGNING PARTY
'PPE OF SURVEYBOUNDARY SURVEY'
9-CONTRACTOR REELS TO VERIFY ALL UNDERGROUND UTILITIES
PRIOR TO COMMENCEMENT OFWORK
0-10- ELEVATION INFORMATION
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LOT-17= 085.TO SF.
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PREPARED UNDER MY SUPERVISION AND THAT MEETS THE MINIMUM TECHNICAL
STANDARDS SET FORTH. BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS IN CHAPTER 5.1-17.050 OF THE FLORIDA ADMINISTRATIVE CODE
PURSUANT TO SECTION 472 OF THE FLORIDA STATUTES AND THAT THE SKETCH
THEREON IS TRUE AN CORRECT TO THE BEST OF MYRNOWLEDGE AND BELIEF,
SUBJECT TO NOTES AND NOTATIONS SHOWN HEREON.
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City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00969zc 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 WITH A NCD-3 OVERLAY TO T4-O WITH A NCD-3
OVERLAY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840,
3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875
Day Avenue [Commissioner Marc Sarnoff - District 2]
APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway,
LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 8, 9, 10
and 11 (3841, 3851, 3865 and 3875 Day Avenue) and denial of Lots 12, 13, 14 and 15
(3860, 3850, 3840 and 3830 Day Avenue). See companion File ID 15-009691u.
PURPOSE: This will allow a zoning classification change for the above properties
from T3-O with a NCD-3 overlay to T4-O with a NCD-3 overlay.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 16,
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 "Suburban Transect Zone" to T4-O "General Center
City of Miami Page 1 of 2 File Id: 15-00969zc (Version: 1) Printed On: 9/4/2015
File Number: 15-00969zc
Transect Zone", for the properties located at approximately 3841, 3851, 3865, 3875 Day 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 .
Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word "ordinance" may be changed to
"section", "article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof, pursuant and subject to §163.3187(5)(c), Florida Statutes.{1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{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: 15-00969zc (Version: 1) Printed On: 9/4/2015