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HomeMy WebLinkAboutOrdinance 13459-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. STATE OF FLORIDA COUNTY OF MIAMI-DADE ) CITY OF MIAMI 1, TODD B. HANNON, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 74, inclusive, constitute a true and correct copy of the complete file for Ordinance No. 13459, which includes exhibits and supporting backup documents and was passed and adopted by the City of Miami Commission on the 22" d day of May, 2014. IN WITNESS WHEREOF, I have hereunto set my hands and impress the Official Seal of the City of Miami, Florida, this 12`h day of April, 2017. By TODD B. HANNON City Clerk :Miami. Flori Deputy Cle {{AO C .2.rn t,, (OFFICIAL SEAL) Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) 2)% - \ \ 5`1 - 3vjh City of Miami Legislation Ordinance: 13459 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01026zc1 Final Action Date:5/22/2014 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-L" SUB -URBAN ZONE -LIMITED TO'T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY A PORTION OF 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 5, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-015 by a vote of eight to zero (8-0), item no. 5, recommending APPROVAL 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-L" Sub -Urban Zone - Limited to "T4-L" General Urban Zone - Limited, for the property located at approximately a portion of 7000 Biscayne Boulevard, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} Footnotes: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 1 of 2 File Id: 06-01026: cl (Version: 2) Printed On: 6/5/2014 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) File Number: 06-01026zc1 Enactment Number: 13459 {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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 2 of2 File Id: 06-01026 cl !Version: 2) Printed On: 6/52014 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) City of Miami Master Report Enactment Number: 13459 City Hall 3500 Pan American Drive Miami. FL 33133 www miamigov com File Number: 06-01026zc 1 Version: 2 File Name: Rezoning - A Portion of 7000 Bisc Blvd File Type: Ordinance Status: Passed Reference: Controlling Body: Office of the City Clerk Introduced: I72I.2014 Requester: Cost: Final Action: 5 22:2014 Title: AN ORDINANCE OF THE. MIAMI CITY COMMISSION, WITH Ar'fACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CI ASSIFICATION FROM "T3-I." SUB -URBAN ZONE -LIMITED TO "T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT. APPROXIMATELY A PORTION OF 7000 BISCAYNE BOULEVARD, MIAMI. FLORIDA: MAKING FINDINGS: CONTAINING A SEVERABILITYCLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 06-01026zc1 PZAB 03-05-14 Supporting Docs.pdf.06-0I026zc1 CC 04-24-14 FR Fact Shcct.pdf06-01026zc1 Analysis, Maps. & PZAB Reso.pd£06-01026zc1 Application K Supporting Documcnts.pdf,06-01026zc1 CC Legislation (\'cr;ton 2).pdt,06-010267c1 Exhibit A.pdf,06-01026zc1 CC 05-22-14 SR Fact Shcet.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: Planning_ 7oning and 3.5,2(114 Recommended Pass Appeals Board Approval Office of the City 4 23 2014 Reviewed and Attorney Appro ed City Commission 424.'2014 PASSEL) ON FIRST Pass READING City Commission 5.22,2014 ADOPTED Pass Office of the .Mayor 6i2,2014 Signed by the Mayor Office of the City; Clerk Office of the City Clerk 6=2.2014 Signed and Attested by City Clerk THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Cal' of (halm Puge Primed on 6 5, 2014 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) File ID: Title: Location: Applicant(s): Purpose: Planning and Zoning Department Recommendation: Analysis: PZAB.5 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 06-01 026zc1 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-L" TO "T4-L", FOR THE PROPERTY LOCATED AT APPROXIMATELY A PORTION OF 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately a Portion of 7000 Biscayne Boulevard [Commissioner Keon Hardemon - District 5] Gilberto Pastoriza, Esquire, on behalf of 7000 Biscayne. LLC 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables, FL 33134 (305) 854-0800 This will change the above property from "T3-L" to "T4-L". Item includes a covenant. Recommended approval. See supporting documentation. Planning, Zoning and Appeals Board: March 5, 2014 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) 6iD City of Miami Planning and Zoning Department Division of Land Development File ID#:06-01026zc1 ANALYSIS FOR ZONING CHANGE Request:Change the zoning classification of the property described herein Location: 7000 Biscayne Boulevard. Net District: Upper East Side NET Folio #: 01-3218-004-0650, 1-3218-004-0660, 01-3218-004-0430, and 01-3218-004- 0420. For detailed legal description see exhibit "A" Total square footage: 25,709 sq.ft = 0.590 ± acre ZONING DESIGNATION: Current Zoning Designation: T3-L (Sub -Urban Transect Zone - Limited) Proposed Zoning Designation: T4-L (General Urban Transect Zone - Limited) LAND USE CLASSIFICATION: Is the proposed zoning designation compatible with the MCNP-FLUM: ❑ Yes E) No Current Future Land Use category: Duplex - Residential Required Future Land Use category: Low Density Restricted Commercial URBAN DESIGN FINDINGS AND COMMENTS: 1. The proposed rezoning of the subject properties complies with the technical requirements of Miami 21 Code in regard to successional zoning, and frontage length on one street. 2.- The applicant intent is to rezone in order to legalize a current surface parking lot and continue to operate it as part of the lot to the east, in the same matter it has been operating for the past several years, through a covenant. 3.- The above mentioned covenant also proposes to limit the rezoned property to all uses permitted under T3 and only surface parking under the T4-L. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Page 1 of 2 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) Analysis for ZONING CHANGE File ID: 06-01026zc1 Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ ® ❑ b) The proposed change is in harmony with the established land use pattern. ® ❑ ❑ c) The proposed change is related to adjacent and nearby districts. ® ❑ ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ❑ © ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ® ❑ ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. El ❑ ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ❑ E ❑ h) The proposed change positively influences living conditions in the neighborhood. ® ❑ ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ® ❑ ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. ❑ ❑ ❑ k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. ® ❑ ❑ I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. © ❑ ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ® ❑ ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. Z ❑ ❑ o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ® E ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) MIAMI 21 MAP (EXISTING) 1 NE 73RD ST NE 72ND ST NE 71 ST ST E0 T4-Ry I ,I NE 72ND TERM-' NE 72ND TER NE 72ND S IMMO. UM 111 NE 72ND ST MiMo 1 T3-L 1- f NE 70TH ST Palm Grove w _ Q • tg; Z NE 69TH ST T5-L NE 68TH ST BISCAYNE BLVD NE 71ST ST T3-LA. NE 70TH ST Bayside NE 69TH ST (f NE 68TH ST NE 67TH ST 0 150 300 600 Feet ADDRESS: 7000 BISCAYNE BLVD THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne BI MIAMI 21 MAP (PROPOSED) L y,_1 ..1 _._I_ 1 1 NE 73RD ST NE72NDST NE 71ST ST GIB NE 7 D TER-1 NE 72ND TER NE 72ND S NE 72ND ST MiMo T4-L 0I T3 IL 4-1 NE 70TH ST I 1 1 Palm Grove E 69TH S T5-L 1 1 NE 68TH S 0 150 300 I I t i 6C0 Feet BISCAYNE BLVD NE 71ST S T3-L I_ _.. NE 70TH ST Bayside NE 69TH ST +ti NE 67TH S ADDRESS: 7000 BISCAYNE BLVD THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd (9D 0 ( 150 300 t 1 1 ADDRESS: 7000 BISCAYNE BLVD THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) WEISS SEROTA IIELFMAN P ASTORIZA COLE & BONIsKE, P.L. MITCHELL BIERMAN, P A NINA L BONSKE, PA. MITCHELL J. BURNSTEIN, P.A. JAMIE ALAN COLE, P.A. $TEPHEN J. HELFMAN, P.A. GI_BERTO PASTORIZA. P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS. P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT LILLIAN M. ARANGO GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY 0. DECARLO ALAN K. FERTEL CHAD S. FRIEDMAN ALAN L. GABR=EL DOUGLAS R. GON.:ALES EDWARD G. GUEDES JOSEPH HERNANDEZ ROGER S. KOBERT JOSH'UA O. KRUT MATTHEW H. MANDEL JOHN J. QUICK ANTHONY L. RECIO BRETT J. SCHNEIOER CLIFFORD A. SCHULMAN MARL SOLOMON LAURA K. WENDELL JAMES E. WHITE \1r. Francisco Garcia ATTORNEYS AT LAW A PROFESSIONAL LIMITED L;ADILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHON? 305-854-0B0C FACSIMILE 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 rELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 Director Department of Planning 7,onin (City of Miami 444 SW 211 Avenue. 3th Floor Miami, FL 33130 'OF COUNSEL January 14, 2014 Re: Amendment to the Miami Comprehensive Neighborhood Plan (the "Plan") and a change in Transect Zone (the "Rezoning") Dear r\lr. Garcia: SONJA C. DARBY BROOKE P. DOLARA RAQUEL ELEJABARRIETA• DANIEL A. ESPINO ERIC P. HOCKMAN KELLY RAINS JESSON KAREN LIEBERMAN• JUSTIN D. LUGER JOHANNA M. LUNDGREN MIA P. MAR*'N ALEIDA MARTNEZ MOLINA• KATHRYN M. MEHAFFEY ROBERT A. MEYERS• MATTHEW PEARL MARC C. PUGLIESE• CARLOS M. ROCRIGUEZ• GAIT D. SEROTA• ALISON F. SMITH. ANTHONY C. SOROKA EDUARDO M. SOTO PABLO 4. TAMAYO JOANNA G. THOMSON PETER D. WALDMAN• ALICIA H WELCH SAMUEL I. ZESKINO Our firm represents 7000 Biscayne LLC ("7000 Biscayne"). 7000 Biscayne is the owner of the property legally described in the attached Exhibit "A" (the "Overall Property-"). The Overall Property ties at the NW comer oC Biscayne Boulevard and NE 701h Street. The Overall Property has dual land use dcsi<gnations and dual transeet zones. The portion of the Overall Property fronting Biscayne Boulevard is designated Restricted Commercial in the Plan and has a Transect Zone of•l`5-0. The rear portion of the Overall Property is designated Duplex - Residential in the Plan and has a Transect Zone of T3-L. The legal description for the rear portion of the Overall Property is shown on the attached Exhibit "B" (the "Property'). 7000 Biscayne wishes to amend the Plan and Rezone the Property. The amendment to the Plan will he from Duplex Residential to Low Density Restrictive Commercial and rezone from .F3-I. to 7 4-1,. THIS DOCUMENT 15 A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Mr. Francisco Garcia January 14, 2014 Pate 42 The proposed Plan Amendment and Rezoning will allow for a more efficient and feasible use of the Overall Property with parking and accessory functions occurring on the Property better serving the portion of the Overall Property fronting Biscayne Boulevard. Also, please note that the proposed request wills serve as a gradual transition from. the Biscayne Boulevard T5-corridor in the residential neighborhood to the west. This transition will be totally contained within the Overall Property. Miami 21 Section 7.1.2.8 c2 (g) analysis. The City has designated the area where the properties are to he located as the Miami Modern (1IM0) Biscayne Boulevard historic district (the "District"). The property, owners in the area are trying to bring back the old classic character on the District \vith new construction, and/or remodeling existing structures. The T3 properties in question immediately abut the rear of the T5 properties abutting Biscayne Boulevard. The depth of these Biscayne Boulevard properties is not sufficient to effectively provide parking and;"or amenities necessary to resurrect the MIMO district. The T3 properties would serve that purpose but unfortunately parking and/or the necessary amenities are not permitted. therefore, keeping the T3 transect zone thwarts the intentions of the creation of the MIMO district. Rezoning these properties to '14 will accommodate the parking and necessary amenities promoting the spirit of the y-1IM0 district. .Additionally, the gradual transition from T5 along to Boulevard properties to the T3 on the west is best accomplish by the 11-=1 rezoning which occur on properties in between these two districts on properties owned by the applicant which now have T5 and T3 zones. These applications comply with the successional zoning requirements of Section 7.1,2.8 a of Miami 21. The requirements of Miami 21 Section 7.1.2.8 c are also complied with by the inclusion of the proffered Unity of Title and Declaration of Restrictive Covenants in Lieu of Unity of fitic. We look forward to your favorable review of these applications. Please do not hesitate to contact the undersigned if' you have any questions or require additional information. GP/ms Attachments 2688001 - Very trulv/votirs, ' Gilberto Pastoriza THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. WEISS SEROTA HELFMAN PASTORIZA COLE & HONISKE, P.L. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) v�f Legal Descriptions: F o ii o : 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427 SQUARE FEET, MORE OR LESS. a) R 0 0 ti C) C .0 O N a) a0 M 0 (V THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Portion of Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. Legal Description: Lot 24, in Block 2, of Baywood, according to the Plat thereof, as recorded in Plat Book 5, Page 85, Public Records of Miami -Dade County, Florida. Containing approximately 5,100 Square Feet, more or less. 7000 Biscayne Blvd) a 0 N a) Attachment: File ID 2038 - Ordinance 13459 (2038 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. This instrument prepared by and after recording return to: Gilberto Pastoriza, Esq. Weiss Scrota Helfniau Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., Suire 700 Coral Gables. FL 33134 DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL ME BY THESE PRESENTS: That 7000 Biscayne LLC ("Owner") hereby makes, declares and imposes on the land legally described on Exhibit "A" attached hereto (the "Property") the covenants running with the title to the land set forth herein, which shall he binding on the Owner. all heirs, successors and assigns, personal representatives, mortgagees. lessees and against all persons claiming by, through or under them. WHEREAS, Owner holds fee simple title to the Property; and WHEREAS, Owner may wish to convey portions of the Property from time to time and this instrument is executed in order to assure that the phased development of the Property with future ownership will not violate any subdivision or zoning requirements of the City of Miami; NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged. Owner hereby agrees as follows: I, Limit the T4-L property as legally described in Exhibit "B" to all uses permitted under T3 and only surface parking under the T4-L uses. 2. At the time of building permit, the T4-1_ property shall comply with all Miami 21 regulations, including Section 9.7. 3. In the event of multiple ownership of the Property, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms. provisions and conditions of this instrument: and Owner will not convey portions of the Property to such other parties unless and until Owner and such other parties shall have executed and mutually delivered in recordable form an instrument to he known as a "Declaration of Restrictions and Reciprocal Easement Agreement' which shall contain, among other things, the following: (a) Easements in the common area of each parcel for ingress to and egress from the other parcels. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. �5 (b) Easements in the common area of each parcel for the passage and parking of vehicles. (c) Easements in the common are of each parcel for the passage and accommodation of pedestrians. (d) Easements for access roads across the common area of each parcel to puhlic and private roadways. (e) Easements for the installation, use, operation, maintenance, repair, replacement, relocation or removal of utility facilities in appropriate areas in each such parcel. (f) Easements on each parcel for construction of buildings and improvements in favor of each other parcel. (g) Easements upon each parcel in favor of each adjoining parcel for the installation, use.. maintenance, repair, replacement and removal of common construction improvements such as footing, supports and foundations. (h) Easements on each parcel for attachment of Building. (i) Easements on each parcel for Building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like. (j) Appropriate reservation of rights to grant easements to utility companies. (k) Appropriate reservation of rights to road rights -of -way and curb cuts. (1) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads. (m) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These instruments or portions may be waived if approved by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees, if the provisions are inapplicable to the subject property. In addition, the instruments shall contain such other provisions with respect to the operation, maintenance and development of the property as the parties may agree. Such provision may be 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) modified or amended by such parties (or the applicable association governing such parties) without approval or joinder by the directors, or their designees, if it will he constructed, conveyed and operation in accordance with an approved site plan. The multiple owners may, by mutual agreement. allocate among themselves and the parcels owned by them, setbacks, parking, open space, floor area and similar governmental requirements, and these allocations shall be honored in connection with requests for future site plan changes. 4. The covenant in lieu of Unity of Title shall he in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County, Florida, after which time it shall he extended automatically for successive periods of ten (10) years, unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subject property over which a condominium, homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications. amendments, or releases, joinder is required by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning, or their designees to execute the instrument of amendment, modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the property for the purposes herein intended.. 5. The provisions of this instrument may he amended, modified, or released by a written instrument executed by the then owners of the Property, provided same is also approved by the City Attorney. Should this instrument be so amended, modified or released. the directors of pubic works, community planning and revitalization and building and zoning of the City of Miami, or their respective designees or successors, shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release. 6. Enforcement shall he by action against the parties or persons violating or attempting to violate any covenants. The prevailing party in any action or suit pertaining to or arising out of this Declaration of Restrictive Covenants shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall he in addition to any other remedies available at law, in equity or both. 7. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. 8. This Declaration of Restrictive Covenants in Lieu of Unity of Title shall he recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense. 9. 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 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights. remedies or privileges as may he available to it IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the day and date first above written. WITNESSES 7000 BISCAYNE LLC, a Florida limited liability company By: Print Name: Print Name: Todd Leoni Print Narne: STATE OF FLORIDA ) SS: COUNTY OF DADE Its: Manaeinyg Member The foregoing instrument was acknowledged before me this day of , by Todd Leoni, as managing member of 7000 Biscayne LLC, a Florida limited liability company, in the capacity aforestated; such person is (check one) [ 1 personally known to me or [ 1 has produced as identification. 2688001 4 NOTARY PUBLIC PRINT NAME My commission expires: (Seal) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) 3 Legal Descriptions: Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC, LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427 SQUARE FEET, MORE OR LESS. a y Folio: 01-3218-004-0660 pp Address: 7010 Biscayne Blvd. Owner: 7000 Biscayne LLC. r` a LEGAL DESCRIPTION: LOT 26, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,073 SQUARE FEET, MORE OR LESS. co M O N Folio: 01-3 218-004-04 3 0 Address: 7020 Biscayne Blvd. M Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 2, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE 0 FEET, MORE OR LESS. co M O N Folio: 01-3218-004-0420 0 Address: 7030 Biscayne Blvd. Owner: 7000 Biscayne LLC. d LEGAL DESCRIPTION: LOT 1, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE FEET, MORE OR LESS. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Portion of Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. Legal Description: Lot 24, in Block 2, of Baywood, according to the Plat thereof, as recorded in Plat Book 5, Page 85, Public Records of Miami -Dade County, Florida. Containing approximately 5,100 Square Feet, more or less. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ZONING DEPARTMENT 444 S.W.2ND Avenue, 4`' Floor Miami,FL33130-1910 305.416.1499 Prepared by, and after recordation returned to: Victoria Mendez City Attorney Office of City Attorney 444 SW 2nd Avenue, Suite 945 tv!iami, FL 33130-1910 UNITY OF TITLE VVHER=A.S, the undersigned is the owner of that property legally described as: SEE ATTACHED EXHIBIT A (the "Property") The undersigned recognized and acknowledges that for the public health, welfare, safety and/ or morals, the herein -described property should not be divided into separate parcels owned by several owners so long as the same is put to the hereinafter use. and In consideration of approving an amendment to the Miami Comprehensive Neighborhood Plan (the "Plan") and rezoning of a portion of the Property (the "-Rezoning") . If the City of Miami ultimately approves the Plan and Rezoning it will be subject to the provisions of this Unity of Title . And for other good and valuable considerations, the undersigned hereby agrees to restrct the use of the subject property in the following manner: That said property (all of the lots and/or parcels of land encompassing the building site) shall be considered and held together as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred, leased, encumbered, divided or assigned separately, except in its entirety as one plot or parcel of land; 2. The undersigned further agrees that the condition(s), restriction(s) and limitation(s) shalt be deemed a covenant running with land, which shall be recorded in the public records of Miami -Dade County, at the undersigned's cost and expense, anc shall remain in full force and effect and be binding upon the undersigned, their heirs ,successors, and assigns until such time as the same may be released in writing by the Director of the Planning Department and/or the Zoning Director or his / her designated representative; provided, however, that this Unity of Title may be released in writing by the Director of the Planning Department and /or the Zoning Director or his / her designated representative, after approval of site plan which meets all applicable City regulations. The undersigned shall promptly provide a copy of this instrument within thirty (30) days of its recordation. The Unity of Title shall be approved as to legal form and content by the City Attorney. Signed, sealed, executed and acknowledged on this 2014, at Miami, Florida. day of A.D. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) C2D-1 ZONING DEPARTMENT 444 S. W.2,4-) Avenue, 4t' Floor Miami,FL33130-1910 305 416.1499 W1TNESS 7000 B1SCA'YNE LLC, a Florida limited liability company Signcju_se Print Name Name: Todd Leoni Its: Managing Member WITNESS Signature Print Name (STATE OF FLORIDA) (COUNTY OFMIAMI DADE 1 f-E7E3Y cert;fy that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni as manacling member of 7000 Biscayne LLC, a Fior`da limited liability company to be well known to be the person(s) described in and who executed the foregoing irsrument and acknowledged to and before me that they executed said instrument under oath and for the ourposes therein expressed. WITNESS my hand official seal in the county and state named above this day of A.D.2014. Notary Public, State of Florida at Large My commission expires: Approved as to Legal Form and Correctness: Victoria Mendez, City Attorney THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) ZONING DEPARTMENT 444 S.W.2N0 Avenue, 4'h Floor Miami ;FL33130-1910 305.4 1 6. 1 499 Exhibit "A" Legal Descriptions: Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427 SQUARE FEET, MORE OR LESS. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BO4. bS'SECITIOM 5,: 1 6 444 SW 2'd Avenue, 3`C Floor • Miami, Florida 33130 • Telephone 305-416-2030 vvww.rniamicov comrhe.arino boards Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review prior to submittal to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8%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. Fry. C7-2013 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information. Applicant(s): 7000 Biscayne LLC 2. Subject property address(es) and folio number(s): Portion of property whose address is 7000 Biscayne Blvd., Mimal, FL. 01-3218-004-0650. see attached Exhibit "A" 3. Present zoning designation(s): T3-L 4. Proposed zoning designation(s): T4-L 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. See Letter of Intent 6. One (1) original, two (2) 11x17" copies and one (1) 81/2x11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear ar.d 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 Resolut'on or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-prcfit 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. 17. What is the acreage of the project/property site? 5,100 sq. ft. x.•:. o:'-201 . THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION 18. What is the purpose of this application/nature of proposed use? Provide a self contained buffer between the Biscayne Boulevard frontage and the residential properties to the west. 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3rd Floor for information. Mimo District 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3`d Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: E Planning, Zoning and Appeals Board 30 minutes and/or ❑x City Commission 30 minutes 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, T3-0, T4-R, T4-L. T4-0, T5-R, T5-L, T5-O, T6-R, T6-L. CI: Per square foot of net lot area Minimum (Assumes a 5.000 square -foot lot) $ .50 $ 2,500.00 b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising $ 1,500.00 d. Schooi Concurrency Processing (if applicable) $ 150.00 e. Mail notice fee per notice $ 4.50 f. Meeting package mailing fee per package $ 6.00 `Fees over $25, 000.06 aka l be paid in the form of a certified check, cashier's check, or money order. Signature " f�� Address 2525 Ponce de Leon Blvd., #700 Name Gilberto Pastoriza Coral Gables, FL 33134 Telephone (305)854-0800 E-mail gpastorizaftwsh-law.com STATE OF FLORIDA -- COUNTY OF MIAM►-DADE The foregoing was acknowledged before me this i Lk day of < --''A-`'` ""/ 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation oT 7000 Biscayne LLC, a Florida limited liability company a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did Zdid not) take an oath, (Stamp) Signature Rcv. 07-2C 1= THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Ni1dLYE; Z it!CZ`l,LLA MY OCMM'SSION 3 EE 116532 EXP RES: 5ep1o5ei 13, 2u15 50•,9r-6 t 'u 3' 1i4i'kfary 9tMcas 4 (2Dio > m > m O O O 1 .c 0 N CD cc co O N rn a M CD CTS O CO 0 N 0 CD 1.17 CD E L f0 a.+ THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7000 BISCAYNE LLC, a Florida limited liability company (the "Company"), that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on January 14, 2014, at the offices of the Company. RESOLVED that the Company consents to and joins in the fling with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7000 Biscayne Blvd., Miami, Florida, (the "Applications"); and the filing of all necessary documents, necessary to the filing, including Unity of Title and Declaration of Restrictive Covenants in Lie of Unity of Title; and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf of the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of Weiss Serota Hellman Pastoriza et al, are authorized, directed and empowered to execute any and all applications, petitions, and other documents necessary to effectuate the Applications. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this 1 1 day of 3'C., 2014. 7000 BISCAYNE LLC, a Florida limited liability company Todd Leoni, Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni, as Manager of 7000 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this n day of t e""i , A.D., 2014. A ^ SIGNATURE OF PERSON TAKING AKNOWLEDGEMENT tP` •:!kt, MARILYNSOMODEVILLA MYCOWdtSSION EE 116532 EXPIRES: September 13, 2015 Cr A. dorSoiTruBwgettstWr;Smiths Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza , 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 heishe 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, El 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. Gilbe to Pastoriza i Applicant(s) Name '°--` Appticant(s) Signature STATE OF FLORIDA -- COUNTY OF tv1IAlv1I-DADE The foregoing was acknowledged before me this day of 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7000 Biscayne LLC. a Florida limited liability company a(n) individual/partnership/corporation. He/She is personally know Lto..._me or who has produced as identification and who did (did not) take an oath. (Stamp) c,�Gt Signature MnAKrlu saMeer_v+qua MY COMMISSION 3 EE 1+61 r = * EXPIRES, Sepler 13 5 me5 1 cv r,a • ii� Mee Thru 6arye! `b!aaa Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) Rev.07-2C13 REZONING APPLICATION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation. request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Pease supply additional lists, if necessary. Owner's Name(es) 7000 Biscayne LLC is owned by Todd Leoni Percentage of Ownership 100°10 Subject Property Address(es) 7000 Biscayne Boulevard, Miami, Florida List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and ail parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Legal Description(s): See attached Exhibit "A" Gilberto Pastoriza Owner(s) or Attorney Name Owner(s) or Attorney Signature' STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 1 7000 Biscayne LLC. a Florida limited liability company a(n) individual/partnership/corporation. He/She is ,personally known to me or who has produced as identification and who did (did not) take an oath. ; i2 { \ (Stamp) Signature MARILYN S0MODEVILLA 4 < ` MY CCMMISS;CFr; EE t!E 92 EXPIRE. S- Iemer 13, 20'S g:ayWtic:arpse,wg9 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) Rev. 07-20 13 4� { THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Legal Descriptions: Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427 SQUARE FEET, MORE OR LESS. Folio: 01-3 218-004-0660 Address: 7010 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 26, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,073 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004-0430 Address: 7020 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 2, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, Of BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004-0420 Address: 7030 Biscayne Blvd. Owner. 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 1, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE FEET, MORE OR LESS. a) T y 00 O O O c- 'c 0 N a) co O N a) co 0 co O a) iZ E co Jir\ sore. 3ventwasr ra. OPSAW", k ro Saa. . a/ LOCAnONA. PIA nrnaalC,O&6$ Of .:ORNIWMAYWrlr.6K LCGrbW PM I...AM.K. JOHN 1©AARA & ASSOCIATES, INC. Professional land Surveyors & Mappers NE i)Nf SIREer Boundary Sury y M ��-4i 1! 3'I rt; b'r #f 14 IY M!FHt6fi7 NRAHYOSC.ALE y+v, w t r Y A ar W MI.r4 IAS.. WY ) �" w". At*. rd..,..�4.. • THIS DOCUMENT IS A SUBSTITUTION TO r . ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) J ire SNOW ON NNW t ....rr NAISNFOr S Mai+ GIO 000 II ,warexrxs raac�<we+a NueROfl ewra OWN. oc4]Itl /.H' rNi<I11KX JONN !BARRA 8 ASSOCIATES, INC. 'Professional LendrSurvoyors A Mappers NE r}•t srREF.r IOW `af 1 Bounds y Survey 361. NE ,PIN S rREE't r. • l �] 11111111 T4+r l I l 11111111 I tl TM ClTOTTTT V Nk••. V,TYW AM.'A'SNIPP CAVWC 'CUE p NI oat hoar -NOW mown ,.+ex+r <r..arraAIMS saw i�w+o i.N. mxaFa.�, +u riw THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) JOHN IBARRA & ASSOCIATES, INC. prof aYfo, I LanU Surveyors & Mappers . gar >...rose, rr"ors, .. Me,., tt .. tounu.AtW 6wr140 .4,04. u-Toff PROPbtra3 NYl nEnalata _OMk*__Me. s own, [ rlO POR MIA&I frit e NE 7 ,air ST$Clr C N[v f YOtY�t BOUIVa rvy. rare S rRafr ro.wn..y u;1::;:Ji7± q .r.:s ILA Mam is vJ. O Fj �•Sa K•M'.• v...V G 4/WCSCAIE re,( riarr fNUEIRM .. r43y ..[Y✓xvRlat.v iY yPx �a.1rR•:N a.._ Y.n gYiir�Y.•Nrl MOMS �1. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) THIS INSTRUMENT PREPARED BY: RECORD AND RETURN TO: Todd Leoni P.O. Box 381703 Miami, Florida 33238 CFN: 20130497836 300K 28691 RAGE 4420 DATE:0622/2013 07:08:56 PM DEED DOC 0.60 SURTAX 0.45 HARVEr RIIVIN, C.ERK OF COURT, MIA-OAOE CTY CORRECTIVE WARRANTY DEED THIS WARRANTY DEED, made this 15r`s day of April, 2013 by TNA PALMS, INC. A Florida Corporation hereinafter called grantor, to 7000 Biscayne LLC, a limited liability company, hereinafter called grantee, whose post office address is P.O. Box 381703, Miami, Florida 33238. WIT NESSETH: That the garner, for and in consideration of !be sure of TEN DOLLARS (S10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms tmto the grantee, all that certain land situate in Miami -Dade County, Florida, viz Folio If: 013218.004.0650 Address: 7000 Biscayne Blvd, Miami, Florida 3313E Legal Description: HAYWOOD PB 5-85 LOTS 24 &25 LESS EMT & LESS EXT AREA OF CLSRV1 1N SE COR LOT OF 25 FOR RN/ BLK 2 LOT SIZE 10265 SQ FT Folio #: 01.3218.034.0660 Address: 7010 Biscayne Blvd, Miami, Florida 33138 Legal Description: HAYWOOD PB 5-85 LOT 26 LESS E8FT FOR ST BLK 2 LOT SIZE 50.000 X 102 OR 19317-0123 2 (2) OR 19317-0123 1000 03 Folio N: 01.3218.004,0430 Address: 7020 Biscayne Blvd, Miami, Florida 33138 Legal Description: HAYWOOD PB 5-85 LOT 2 LESS E8FT BLK 2 LOT SIZE 50.000 X 102 OR 19317-0123 2 1000 (2) OR 19317-0123 1000 03 Folio 4: 01.3218.004.0420 Address; 7030 Biscayne Blvd, Miami, Florida 33138 Legal Description: BAYWOOD PB 5-85 LOT 1 LESS E8FF & LESS EXT AREA OF CURVE IN NE CORNER FOR R/W BLK 2 LOT SIZE 5244 SQ FT OR 19317-0124 1000 5 1. Taxes for the year 2012 and subsequent years. which aro not yet due and payable. 2. 7.oniog, restrictions, prohibilations and other requirements Imposed by governmental authority; restrictions and matters appearing on the plat otherwise common to the subdivision and public utility easements of record, without the intention of reimposing the same. TOGETHER with all the tenements, her:dilaments and appurtenances thereto boloaging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the said grantor does hereby fully warrant the title to said land and wilt defend the same against the lawful claims of all persons whomsoever. **.Chas Deed is Min' recorded to correct that certain Warranty Deed recorded in Official Etecords Bock 28511, at Page 1153, Dade Minty, Florida iN WITNESS WHEREOF, the said grantor hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered inthe p ceof Witness Signature (a Print Name Witness Signature (as to both) Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADS The foeegoin Ins t was acknowledged, sworn to end 2013. day of My Commission Expiees:s: TNA PALMS, FN., a Florida Corporation By: t,' t74V Todd Leoni, President P.O. Box 381703 Miami, Florida 33238 ission'Scrial Number (Wetly) Personally K�sgl/tr✓OR Produced ldemilicadon _._.. Type of I jabtifiestion Produced: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. �-- on thin CO 0t >1 to 0 H m 1T 0 0t (1' O M O N 0t to :a 0 e>D M O N 0t LL tV E to Q THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF\IIANII DISCLOSURE OE CONSIDERATION PROVIDED OR COM[M[TTED FOR AGREEMENT To SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requc:;tirg approval relief or other action from the Cit; Commission or any of its 7:cards, -tuthorttics, a',,,en:ies, councils or committees, to disclose at the commencement or continuance) of the hearin4 s) on the issue, any consideration provided or committed, directly or on its behalf. to any entity or person tnr an agreement to support of fait)-hOld ol7)cetion t:, the requested approval. relief or action "Consideration" includes any gift, payment, contribution. donation. fee, commission. promise or grant of any money. property, sorv:ce, credit or financial assistance of any kind or Naluc, whether direct or irwslittci or any promise . r agrermem to prmide any of the foregoing. in the future, Indi.idu:tls retained or employed by !i principal as a lobbyist as defined in Sec. 2-65.1, and appearing before the City Commission or any of its boards. authorities, ageccics, councils or comminees solely in the capacity of a lobbyist and nut as the applicant. or owners' I, a( represcntatiNd are not required to till out this form. Gilberto (F(st Nar.1e) (Middle; PasOoriza (Lail dare} ADDRE:titi. Naiss Scrota Hellman Pasto:_iza Cola & Boniske, P.L. (A„ dress _one t j 2525 Ponce de Leon Blvd , Suite 700 (Address Line 2) C:ora1 Ganes ST-\TE•.: Florida 7[p: 33134 HOVE PHi?^: (3,03) 854-C80, CELL PHONE: FAX: (305) 854-2323 t\.\P gpastoriza�wsh-law.corn Bi.SSIN[.titiorAPI'i.i('-ANTor[NT[TY �A'tfi 7000 Biscayne LLC A CR:':'i\: cio Gilberto Pastoriza., 2523 Ponce de Leon Blvd., +70,0 (Address Lino ' ) Coral Gables, FL 33134 (Address Line 2) i. Please describe the issue for which you are seeking approval, relief or other• action from the City Commission, board, • authority, agency, council, or committee. ._z=_.r.g & common ha_7s_-se plan for 7000 Biscayne So'olevaxd, Miami, FL 2. Fitts 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 ,}< 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 Aeknowledgetnent. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) PERSON SUBMITTING DISCLOSURE: Uoc.:10.: Fb:4 3. Please provide the naive. address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name a. N/A b. Addle„ Phcote» Addni.ril nant.s Can he placed ran a separate page attached to this form. 4. Please describe the nature of the consideration. N/A 5. Describe what is being requested in exchange for the consideration. ACKNO%NLEDGENIENT OF COMPLIA NC 1. hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements Of Ordinance 12918 and such circumvention shall he deemed a violation of the Ordinance; and that in addition to the criminal or ei'. it penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: I. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shill--be-reries%ed or considered by the applicable board(s) until lion of a pef:iod of one yea •,-after the s -� 1 3 nullification of the application or order.,'---- ."—^-;' \ r .__ r ' Gilberto Pastoriza Print Name .5•,+urtt Fn writ 'trr,cr'rhucl 1 ek,ry n;e fitly I cl tr of '— (e..14.1-4.""--� 26t(1 L. TiltJnte_>niir; tislriunc nc na.ti ac kno„ ice ed before 'Inc by i *}' C << --`'-'ti,,.. . t,•hcc leis pr (hhrccd US iclenii/icalrrni daft!'Or is per iiii iIir kuoirn to nnc ,incl x.hci ill/clad rust take an oath. STA-1•i_ OF FLORIDA. CITY OF YI1,V\•{I NIY COMMISSION T �PIRFS: L:uc:u,urc Notary 009x.vusc MARILYN SOMODE'/iL-A SSt61Pi' c ' E P'PE3: Ssptembtr i3, 2Q15 Tkru BUISet Notary Services Page THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE 2, SEEN AT THE END OF THIS DOCUMENT. OLD 1 e Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) CITY COMMISSION FACT SHEET File ID: 06-01026zc1 PZ.10 FIRST READING Title: 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-L" SUB -URBAN ZONE -LIMITED TO "T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY A PORTION OF 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately a Portion of 7000 Biscayne Boulevard [Commissioner Keon Hardemon - District 5] Applicant(s): Gilberto Pastoriza, Esquire, on behalf of 7000 Biscayne, LLC 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables, FL 33134 (305) 854-0800 Purpose: This will change the above property from "T3-L" to "T4-L". Item includes a covenant. Planning and Zoning Department Recommendation: Recommended approval. Planning, Zoning and Appeals Board Recommendation: Approval to City Commission on March 5, 2014 by a vote of 8-0. City Commission: April 24, 2014 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. > m a) w O O O N a) *E 0 N a) co M O N M a) 0 co M O N 0 a) d E .c Q City of Miami Planning and Zoning Department Division of Land Development File ID#:06-01026zc1 ANALYSIS FOR ZONING CHANGE Request:Change the zoning classification of the property described herein Location: 7000 Biscayne Boulevard. Net District: Upper East Side NET Folio #: 01-3218-004-0650, 1-3218-004-0660, 01-3218-004-0430, and 01-3218-004- 0420. For detailed legal description see exhibit "A" Total square footage: 25,709 sq.ft = 0.590 ± acre ZONING DESIGNATION: Current Zoning Designation: T3-L (Sub -Urban Transect Zone - Limited) Proposed Zoning Designation: T4-L (General Urban Transect Zone - Limited) LAND USE CLASSIFICATION: Is the proposed zoning designation compatible with the MCNP-FLUM: ❑ Yes El No Current Future Land Use category: Duplex - Residential Required Future Land Use category: Low Density Restricted Commercial URBAN DESIGN FINDINGS AND COMMENTS: 1, The proposed rezoning of the subject properties complies with the technical requirements of Miami 21 Code in regard to successional zoning, and frontage length on one street. 2.- The applicant intent is to rezone in order to legalize a current surface parking lot and continue to operate it as part of the lot to the east, in the same matter it has been operating for the past several years, through a covenant. 3.- The above mentioned covenant also proposes to limit the rezoned property to all uses permitted under T3 and only surface parking under the T4-L. THIS DOCUMENT IS A SUBSTITUTION TO Page 1 of 2 ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) City of Miami Planning and Zoning Department Division of Land Development THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. File ID#:06-01026zc1 4.- In 2006, the properties were granted a Zoning Change and Special Exeption under Zoning Ordinance 11000, as follow: File ID#: Date: Enactment: Special Exception: File ID#: Date: Resolution: Zoning Change: 06-01026xc 4/26/07 R-07-0246 To allow a Surface Parking Lot in the "SD-12" Zoning District to serve the abutting district. 06-01026zc 12/14/06 12872 From "R-2" Two -Family Residential to "R-2" Two -Family Residential with an "SD-12" Buffer Overlay District. "SD-12" Buffer Overlay District" on Zoning Ordinance 11000 was the instrument to allow surface parking to serve the abutting district. 4.- The proposed zoning classification will be consistent with the current surface parking use. Based on the above findings, the Planning and Zoning Department recommends Approval of the application as presented. SG 2/26/2014 Page 2 of 2 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) Yes No N/A. ❑ ® ❑ ❑ ® ❑ ® ❑ ❑ ® ❑ ❑ ❑ ® ❑ ® ❑ ❑ IZ ❑ ❑ O ❑ ❑ El 0 El • ❑ ❑ ❑ ❑ ❑ © ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ ® ❑ ❑ Analysis for ZONING CHANGE File ID: 06-01026zc1 a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. b) The proposed change is in harmony with the established land use pattern. c) The proposed change is related to adjacent and nearby districts. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing corditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification, I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 44o0 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) MIAMI 21 MAP (EXISTING) NE 73RD ST NE 72ND ST { NE 71ST ST 1= 4z5 NE 72NDTER NE 72ND TER T3-R f NE 72ND S' NE72NDST MiMo Q T3-L `i, F— NE TOT H ST E Palm Grove NE 69TH S T5-L E 68TH ST j- {i CAYNE BLVD NE7ISTS T3-Lk NE 70TH ST Bayside NE 69TH ST NE 68TH ST v fE67THST k 0 150 300 600 Feet t I ADDRESS: 7000 BISCAYNE BLVD THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) MIAMI 21 MAP (PROPOSED) = z NE 73RD ST NE 72ND ST NE 71ST ST U = T4-R H° NE 72ND.TER- { NE 72ND TER 1 T3-R NE 72ND S NE 72ND ST MiMo ___.1 T4-L 0 ( T3-L NE 70TH ST �T1 I 1 Palm Grove NE 69TH ST T5-L E 68TH ST BISCAYNE BLVD NE 71ST ST r T3-L NE 70TH ST Bay1i sde NE 69TH ST NE-68TH ST NE 67TH ST 0 150 300 600 Feet I J ADDRESS: 7000 BISCAYNE BLVD THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) 0 150 300 1 600 Feet ADDRESS: 7000 BISCAYNF BLVD THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-015 File ID 06-01026zc1 March 5, 2014 Item PZAB.5 Mr, Chris Collins offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE CITY COMMISSION, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM `T3-I." SUB -URBAN ZONE - LIMITED TO "14-L" GENERAL URBAN - LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY A PORTION OF 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms, Maria Beatnz Gutierrez. the motion passed and was adopted by a vote of 8-0: Ms, Jennifer Ocana Barnes Yes Mr. Chris Collins (Alternate) Yes Ms. Maria Lievano-Cruz Absent Mr. Charles A. Garavaglia Yes Mr, Charles A. Gibson Absent Ms. Maria Beatriz Gutierrez Yes Mr. Ernest Martin Absent Mr. Daniel Milian Yes Mr. Juvenal Pine Yes Ms. Janice Tarbert Yes Ms. Melody L. Torrens Absent Mr, David H. Young Yes Francis a Garcia, Director Ptannin and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE j lig0 4 Execution Date Personally appeared More me, the undersigned authority, Angl_Rodriquez, Clerk of the Planning, Zoning and Appeals Board of the City of Miami. Florida, and acknowledges that he exec kted the foregoing Resolution, SWORN AND SUBSCRIBED BEFORE ME THIS / "T" DAY OF OIC-11 2014. tttAlss4 rTit:1j t lt'13 Print Notary Name Personally know Dl. or Produced LD_ Type and number of ID. produced Did take an oath or Did not take an oath O( Notary Ptrbtic State of Florida My Commission Expires. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) M "CHELL B; ERM.AN. RA NINA L B0N(SKE. PA. MfTCHELL J. BURNSTEI4, PA JAM ALAN COLE, P.A. STEPHEN J. HELEMAN, RA GILBERTOO PA$TOR;ZA. P.4 MICHAEL S. POPOK., P A JOSEPH H. SEROTA, P.A. SLISAN L TRE'JARTF'EN, RA. R'CHARD .;AY WE;SS. P A. DAY'D ra. WO.LPtN, oA, DAN'EL L. ABBOTT LILL AN M. APANGO GARY L, BROWN JONATHAN M COHEN i3NA:sO G. DEL VALLE ..EFFRE• 3 JECARLO .PLAN K ,ERTE1. CHA� S. FR'�OMAN ._AN GABRi E.. DOV0LAS R. DONZALES G GUEDES JOSEPH MER,4ANOEZ ROGER S. KOBE:RT J': 5H'JA D. XRVT MA'THEW H. MANGEL JCHN .,. O'J'CK ANTHONY L. RECIO BRETT J. SCHNE OER CljEFFOR., A. . ;H!JLMAN MARC SOLOMON LA.JRA K. 'NENO .LL 4A'4£S E WN3Tk: vlr. Francisco Ciarcia i ):rector Departm ni of I t;tnnii1 Zoning I14 of `[ianli S '1 F`s.i - 1 -k-t� bV \�enuc. Floor \ [i;tnli. 1-1 33130 WEISS SEROTA HEL.FMAN PASTOR1:A (JOL.E & EoNISKE, P.L. ATTORNEYS AT LAW A PROFESS'GNAL LIMLr D L:AB'Lirf COMPANY INCLUDING PRO£ESS'ONAL ASSQCATIONS MIAMI-DADE OFFICE 2525 PONCE OE LEON BOULEVARD SUEZE 700 CORAL GAB•_ES, FLJR!CA 33134 1ELE.HONE 305-854-08CO FA,CSIP-1,,E 305-854.2323 AVIAN W5-4 LAW COM BROWARO OF=FtCE 00 EAST 5RO'WARD 801.3i_FVA40 • SuirE 1900„ FORT LALOL5LAL£. E_0N DA 33301 LE -PHONE 954-763-42N2 ` FACS+H';.E 954..754.7770 'OF CC ''NS-`. tanlalI'\ 14.2014 Re: Amendment to the Miami Comprehensive Neighborhood Plan (the "Plan") and a change in Transeet Zone (the "Rezoning") Dear NIL. (iareta: SONJA C. DARBY BROOKE P. DOLARA RAOUEL ELEJABARANETA` DANIEL A. ESP!NO ER'C P ADCKMAN KEL LY RA-NS JESSCN KAREN L. E9ERMAN' JUST'N D L'JGER JOHANNA M. LVNO,DREN M,A R MARTIN A,E,cA MAR" INEZ MOLINA. KATHRYN M MEHAFF EY ROBER'T 4. M£YERS' MATTHEW PEARL MARC C. PUDL'E 7E' CARLCS M. RODR'GLET:' DAL D 3£RO—A' ALISON F. SM:Tii' ANTHONY C.. 90RO0A EDUARDO M. SO'G PABLO A. TANAr0 JOANNA D. TH OMSCN 'ETER D. WALDMAN' AL'C1A H. WELCH Ow: fire represents 701,} Biscayne 1..1_C i"7006 Biscayne: ). 7000 [3rscav-nc is the ov,n,:I. at` the property Ie; 21,: drscrih«d in the attached l:xhihit'':1" (the "t:heralt Propc*rtv..). the Propert} lies at the NLV corner of Biscayne Boulevard and NE 70`h Street. the ertrll Property has dual land use designations and dual transect zones. The portion of the 0-:.`rail Property frontin,, Biscayne Boulevard is desiLnated Restricted Commercial in the Plan and has +t Frtnsect lone of T5-0. The rear portion of the Overall Property is designated Duplex - Residential in the Plan and has a [`ranseet Zone of 'I ?-L. 'hhe legal description for the rear portion o the 0tiera[1 Property is shown an the attached F.xhihit "13" the -'Property"). 71N00 Biscayne a ishes to amend the Platt and Rezone the Property. The amendment to the Pan be from Duplex Residential to Lo'4 Density Restrictive Commercial and rezone t rorn '1 3-1, to 1. 4-1,. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) �"J Mr. Francisco Garcia January 14, 2014 age 12 1 he proposed Plan Amendment and Rezoning will allow for a more efficient and feasible use of the Overall Property with parking and accessory functions occurring on the Property better serving the portion of the Overall Property' fronting Biscayne Boulevard, Also. please note that the proposed request wills serve as a gradual transition from the Biscayne Boulevard T5-corridor to the residential neighborhood to the west. This transition will he totally contained within the Overall Property. Miami 21 Section 7.1.2.8 e2 (g) analysis. The City has designated the area where the properties arc to be located as the Nliarni Nlodern (N11\10} Biscayne Boulevard historic district t the "District7). The property owners in the area are trying. to bring back the old classic character on the District with new construction. and/or remodeling existing structures. The T3 properties in question immediately abut the rear of the T5 properties abutting Biscayne Boulevard. The depth of these Biscayne Boulevard properties is not sufficient to effectively provide parking andor amenities necessary to resurrect the \1Rft) distriet. The 1.3 properties would serve that ptirpose hut unfortunately parking, and. or the necessary amenities are not permitted, therefore. keeping. the -1.3 transect zone thwarts the intentions of the creation of the MEMO district. inma these properties to '14 will accommodate the parking and necessary amenities promoting the spirit of the Mil1.10 district. Additionally , the gradual transition from T5 along to Boulevard properties to the T3 on :lie v.-est is best accomplish by the '14 rezoning which occur on properties in between those two districts on properties ow ned by the applicant which 110\\ have T5 and -1-3 zones. these applications comply with the successional zoning requirements of Section 7.1,2.S a oi Miami 21. The requirements of Miami 21 Section 7.1,2.8 c are also complied with by the inclusion of the proftered Unity of Title and Declaration of Rcistrictive Covenants in Lieu of t nity of I nit:. We look forward to your favorable review of these applications. Please do not hesitate to contact the undersigned ilykui have am: questions or require additional information. -• Very trulviours, (iP.rim Attachments 2688001 Gilberto Pastoriza WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. FA-1 l Legal Descriptions: Folio. D1-3218-004-0650 Address. 7000 Biscayne Blvd. Owner: 7000 Biscayne LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427 SQUARE FEET, MORE OR LESS. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) Portion of Folio: 01-3218-004-0650 Adcress: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. Legal Description: Lot 24, in Block 2, of Baywood, according to the Plat thereof, as recorded in Plat Book 5, Page 85, Public Records of Miami -Dade County, Florida. Containing approximately 5,100 Square Feet, more or less. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. This instrument prepared by and after recordini! return to: Gilberto Pastoriza, Esq, Weiss Scrota Hellman Pastoriza Cole & Boniske. P.L. 2525 Prance de Leon Blvd.. Suite 700 Coral Garbles. FL 33I a DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL 111E BY THESE PRESENTS: That 7000 Biscayne LLC ("Owner") hereby makes, declares and imposes on the land legally described on Exhibit "A" attached hereto (the "Property") the covenants running with the title to the land set forth herein. which shall be binding on the Owner, all heirs, successors and assigns, personal representatives. mortgagees, lessees and against all persons claiming by, through or under them_ WHEREAS, Owner hullo:; fee simple title to the Property: and m cn 0 0 0 0 N U cc 03 WHEREAS, Owner may wish to convey portions of the Property from time to time and N rn future ownership will not violate any subdivision or zoning requirements of the City of Miami: v NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which °'i are hereby acknowledged. Owner hereby agrees as follows: t . Limit the T4-L property as legally described in Exhibit '`B" to all uses permitted O under 13 and only surface parking under the T4-L uses. M 0 N 2. At the time of building permit, the T4-L property shall comply with all Miami 21 regulation';. including Section 9.7. 3. In the event of multiple ownership of the Property, each of the subsequent E owners, mortgagees and other parties in interest shall he bound by the terms, provisions and conditions of this instrument: and Owner will not convey portions of the Property to such other parties unless and until Owner and such other parties shall have executed and mutually delivered in recordable form an instrument to be known as a'Declaration of Restrictions and Reciprocal Easement Agreement' which shall contain, among other things, the following: this instrument is executed in order to assure that the phased development of the Property with (a) Easements in the common area of each parcel for ingress to and egress from the other parcels. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (h) Easements in the common area of each parcel for the passage and parking of vehicles. tcl Easements in the common are of each parcel for the passage and accommodation of pedestrians. (di Easements for access roads across the common area of each parcel to public and private roadways. (e) Easements for the installation. use, operation. maintenance. repair. replacement. relocation or removal of utility facilities in appropriate areas in each such parcel. {t� Easements on each parcel for construction of buildings and improvements in favor of each other parcel. tg.) Easements upon each parcel in favor of each adjoining parcel for the installation. use., maintenance, repair, replacement and removal of common constriction improvements such as ft oting.. support: and foundations. I a senaents on each parcel for attachment of Building. Easements on each parcel for Building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as. by way of example. ilmarquees, canopies. lights. lighting devices. awnings. wing watts and the like, (1) Appropriate reservation of rights to grant easements to utility companies. (kl Appropriate reservation of rights to road rights -of -way and curb cuts. (I Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads. (m) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These instruments or portions may be waived if approved by each of the directors of the Public Works Department, the Planning Department, the Building Department, and the Office of Zoning. or their designees. if the provisions are inapplicable to the subject property. In addition. the instruments shalt contain such other provisions with respect to the operation, maintenance and development of the property as the parties may agree. Such provision may be 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) modified or amended by such parties (or the applicable association governing such parties) without approval or joinder by the directors, or their designees. if it will be constructed. conveyed and operation in accordance with an approved site plan. The multiple owners may. by mutual areetnent, allocate among themselves and the parcels owned by them, setbacks. parking, open space, floor area and similar governmental requirements, and these allocations shall he honored in connection with requests for future site plan changes. 4. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami -Dade County. Florida. after which time it shall be extended automatically for successive periods of ten (10) years. unless released in writing by the Owners with approval by the Zoning Administrator. With respect to any portion of the subject property over which a condominium. homeowners or other similar association then exists, the instrument of amendment, modification or release shall be executed by such association (in accordance with its governing documents) in lieu of the fee owners of such portion of the subject property. For modifications. amendments, or releases, joinder is required by each of the directors of the Public Works Department, the Planning Department. the Building Department. and the Office of Zoning. or their designees to execute the instrument of amendment. modification or release upon the demonstration and affirmative finding that the Covenant is no longer necessary to preserve and protect the property for the purposes herein intended.. �. The provisions of this instrument may be amended. modified, or released by a written instrument executed by the then owners of the Property. provided same is also approved by the City Attorney. Should this instrument he so amended. modified or released, the directors of pubic works. community planning and revitalization and building and zoning of the City of Miami. or their respective designees or successors. shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release. 6. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants. The prevailing party in any action or suit pertaining to or arising out of this Declaration of Restrictive Covenants shall be entitled to recover. in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 7_ Invalidation of any of these covenants by judgr ent of court shall not affect any of the other provisions, which shall remain in full force and effect. 8. This Declaration of Restrictive Covenants in Lieu of unity. of Title shall be recorded in the Public Records of Miami -Dade County, Florida, at the Owner's expense. 9. Ali rights, remedies and privileges granted herein shall be deemed to he cumulative and the exercise of any one or more shall neither be deemed to constitute an 3 THIS DOCUMENT 15 A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) election of remedies. nor shall it preclude the party exercising the same from exercising such other additional rights. remedies or privileges as may he availahle to it IN WITNESS WHEREOF. the undersigned has caused this instrument to he executed as of the day and date first above written. WITNESSES Print Name: Print Name: STATE OF FLORIDA SS: COUNTY OF DADE. 7000 BISCAYNE LLC, a Florida limited liability company By:� Print Name: Todd Lconi Its: Managin�� Member The foregoing instrument was acknowledged before me thi.. day o • by Todd I.e,,ni, as ma;iafing member of 7000 Biscayne LLC. a Florida limited liability company. in the capacity aforestated; such person is (check one) J personally known to me or [ J has produced as identification. 2688001 4 NOTARY PI TUC PRINT NAME My commission expires: (Seal) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) L�J Legal Descriptions: Folio: 01-3218 004-0650 Address: 7000 Biscayne Blvd. Owner; 7000 Biscayne LLC. LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004-0660 Address: 7010 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 26, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,073 SQUARE FEET, MORE OR LESS, Folio: 01-3218-004-0430 Address. 7020 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 2, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004-0420 Address: 7030 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 1, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE FEET, MORE OR LESS. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 00 c m N m O O O ti c .c 0 N CO CN O a) c m c O O N ii Attachment: Portion of Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. Legal Description: Lot 24, in Block 2, of Baywood, according to the Nat thereof, as recorded in Plat Book 5, Page 85, Public Records of Miami -Dade County, Florida. Containing approximately 5,100 Square Feet, more or less. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ZONING DEPARTMENT 444 5.W,2"r Avenue, 4" Floor Miami,F:L33130-1910 305.4; 6. 1 499 Prepared by, and after recordation returned to: Victoria Mendez City Attorney Office of City Attorney 444 SW 2nd Avenue, Suite 945 Miami, FL 33130-19:0 UNITY OF TITLE WHEREAS, the undersigned is the owner of that property legally described as: SEE ATTACHED EXHIBIT A (the "Property") The undersigned recognized and acknowleages that for the public health, welfare, safety and/ or morals, the herein -described property should not be divided in:c separate parcels owned by several owners so long as the same is put to the here'nai er use and In consideration of approving an amendment ro the Miami Comprehensive Neiat-lt:crhood Plan (the .Flcr") and rezoning of a portion of the Property (the "Rezoning"}. If the City of Miami u1t:mat=eiy approves the P:an and Rezoning it will be subject to the prov s crs of this Unily of And far other good and valuable. ccnsidera'icns, the undersigned hereby agrees to restrict the use of the subject property in the following manner: Tnat said properly (all of the lots and/or parcels of land encompassing the building site) shall be considered and held together as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred. leased, encr rnhe' d. divided or assigned separately, except in its entirety as one plot or parcel of lond; The undersigned further agrees that the condition(s), restriction(s) and limitation(s) shall be deemed a covenant running with land, which shall be recorded in the public records of Miami -Dade County, at the undersigned's cost and expense. and shall remain in full force and effect and be binding upon the undersigned, their heirs ,successors, and assigns until such time as the same may be released in writing by the Director of the Planning Department and/or the Zoning Director or his / her designated representative; provided, however, that this Unity of Title may be released in writing by The Director of the Planning Department and Jor the Zoning Director or his / her designated representative, after approval of site plan which meets all applicable City regulations. The undersigned shall promptly provide a copy of this instrument within thirty (30) days of its recordation. The Unity of Title sha I be approved as to legal form and content by the City Attorney. Signed sealed. executed and acknowledged on this day of A.D, 2014. at Miami, Florida. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) ZONING DEPARTMENT 444 S.W.2`t° Avenue, 4'r Floor rliami,FL33130-1910 305,41 6. 1 499 WITNESS 7000 BISCA'YNE LLC, a Florda limited liability company Signature Print Name WITNESS Signature. Print Name Name: Todd Leoni Its: Mancging Member (STATE OF FLORIDA) (COUNTY OF MIAMI DADE I HEREBY certify that cn this day b&ore me. a Notary Public auly authorized in the state and county named above to take acknowledgement, personally appeared Todd Leoni as maragina member Gf 7000 Biscayne LLC, a Florida limited liability company to be well known to be the persons! described in and who executed the foregoing instrument and acknowledged to and before me hat they executed said ins`rJrnent under oath and for the purposes therein expressed. WITNESS my hand oft dai seal in the county and state named above this day of A.D.2014. Notary Public, State of F orida at Large My commission expires: Approved as to Legal Form and Correctness: Victoria Mendez. City Attorney THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) ZONING DEPARTMENT 444 S.W.21`0 Avenue, 4'". Floor Miarni,FL33130-1910 305.416.1499 Exhibit "A" Legal Descriptions: Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427 SQUARE FEET, MORE OR LESS, THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE 3 SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION PLANNING AND ZONING DEPARTMENT, HEARING BOARDS-SECTIOI►D : ( b 444 SW 2"'d Avenue, 3``' Floor • Miami, Florida 33130 • Telephone 305-416-2030 ;4',V'M roiai— cc' or'; hear'nc bce.r ds Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. There is no deadline to submit this application as it is presented semi-annually to the Planning, Zoning and Appeals Board and the City Commission. The application submittal date is the dateestamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink, All pertinent and accurate informationidocumentation; 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 cr 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. 07-2CI3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION Please refer to Article 7,1 2.8 of the Miami 21 Code for Rezoning information. Appiicant(s): 7000 Biscayne LLC Subject property address(es) and folio number(s). Portion of property whose address is 7000 Biscayne Blvd.. Mimar. FL. 01-3218-004-0650 see attached Exhibit "A" 3. Present zoning designation(s): T3-L 4 Proposed zoning designation(s): T4-L 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. See Letter of Intent 6. One (1) original. two (2) 1 1 x.1 T" copies and one (1) 8'!4x11 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. A. clear and legible copy of the recorded warranty deed and tax forms of the rnost Current year showing the present owner(s) and legal description of the property to match the legal description on the survey. c. 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 al owner —and contract purchasers, if applicable —of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation: bi 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 Witrrhold Objection Affidavit 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcementiiien violations. 17. What is the acreage of the project/property site? 5.100 sq. ft. ?t,•, 0- Fit; THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) REZONING APPLICATION 13. What is the purpose cf this application/nature of proposed use? Provide a self contained buffer between the Biscayne Boulevard frontage and the residential properties to the west. 19. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning and Zoning Department on the 3'4 Floor for information. Mimo District 20. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning and Zoning Department on the 3`'7 Floor for information. No 21. What would be the anticipated duration of the presentation in front of the: El Planning. Zoning and Appeals Board 30 minutes and/or C City Commission 30 minutes 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, T4L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, Cl. Per square foot of net lot area Minimum (Assumes a 5,000 square -foot lot) S .50 $ 2,500.00 b. T6-8 0, T6-12 O, T6-24 0, D1, D2, D3, T6-36 0, T6-43 O. T6-60 0, T6-80, CI-i-iD: Per square foot of net lot area $ .70 Minimum $ 5,000.00 c. Advertising d. School Concurrency Processing (if applicable) e. Mail notice fee per notice f. Meeting package mailing fee per package $ 1,500.00 150.00 $ 4.50 S 6.00 'Fees over S25, 000.04 ,s ii-_be'paid in the/form of a certified check, cashier's check, or money order. Signature Name Gilberto Pastoriza Telephone (30518.54-0800 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Address 2525 Ponce de Leon Blvd., #700 Coral Gables. FL 33134 E-mail gpastorizawsh-law.com The foregoing was acknowledged before me this 1 y- day of ,-C•-`vt= a" j 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7000 Biscayne LLC, a Florida limited liability company a(n) individual/partnership/corporation. He/She is personally known tp me or who has produced as identification and who did rid not) take an oath. {} (Stamp) Rev. C'- 231.3 Signature THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. M'C;411d'3.3iON4CC 116,32 EX? Nits. )8ptacrti 13, 2t18 :03 v� 3t�t Hc'atf SiNf,tit 4 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that he is the manager of 7000 BISCAYNE LLC, a Florida limited liability company (the "Company"), that the following is a true and correct copy of the resolutions adopted by the manager at a meeting held on January 14. 2014, at the offices of the Company. RESOLVED that the Company consents to and joins in the tiling with the City of Miami applications to change the zoning and comprehensive plan designation for the property located at 7000 Biscayne Blvd.; Miami, Florida, (the "Applications"); and the filing of a!1 necessary documents, necessary to the tiling, including Unity of Title and Declaration of Restrictive Covenants in Lie of Unity of Title: and be it FURTHER RESOLVED that Mr. Todd Leoni is authorized to execute any and all documents on behalf of the Company. FURTHER RESOLVED that Gilberto Pastoriza, Esq. and the law firm of Weiss Serota Hcltinan Pastoriza et al, are authorized, directed and empowered to execute any and all applications. petitions, and other documents necessary to effectuate the Applications. hhe adoption of said resolution boas in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. Dated this t 1 day of c.) . 2014. STATE OF FLORIDA COUNTY OF M1ANII-DADS ) 7000 B1SCAYNF LLC, a Florida limited liability company ) Todd Leoni, Mantwer 1 HERE.I3Y certify that on this day before me, a Notary Public duly authorized in the state and county named above to take acknowledgement, personally- appeared Todd Leoni, as Manager of 7000 Biscayne LLC, a Florida limited liability company to be well known to be the person(s) described in and who executed the foregoing instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. WITNESS my hand and official seal this } day of Gt.V"%. A.D., 2(114. A SIGNATURE OF F ',RSON TAKT\G AKNOW1.FDGENIFNT MAri .m SOMOCEV,.ta Se..E7.. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. REZONING APPLICATION AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared Gilberto Pastoriza , who being by me first deposes and says: 1 That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, C$ 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. Gilberto Pastoriza Applicant(s) Name --`Applicant(s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this !L day of 2014, by Gilberto Pastonza who is a(n) individual/partner/agent/corporation of 700G Biscayne LLC. a Florida limited liability company a(n) individual/partnership/corporation. HelShe is personalty known-_to,.jTe or who has produced as identification and who did (did-7)ot) take an oath. (Stamp) Signature MARILYN SCM:CEV i A R+"CCI AGSS7,1111 11 .__ EX? LS•13 ^.!S9'1,7; Nex: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) 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) 7000 Biscayne LLC is owned by Todd Leoni m d Percentage of Ownership 100% CIS N Subject Property Addresses) 7000 Biscayne Boulevard. Miami, Florida ti 2. List all street addresses) and legal description(s) of any property located within 500 feet of the N subject property owned by any and all parties listed in question #1 above. Please supply additionalcc lists, if necessary. •o Street Address(es): Legal Description(s): CN in v See attached Exhibit "A" m 0 o Gilberto Pastoriza, Owner(s) or Attorney Name -"Owner(s) or Attorney Signature--N d STATE OF FLORIDA -- COUNTY OF MlAN1I-DADS a.) E The foregoing was acknowledged before me this day of 2014, by Gilberto Pastoriza who is a(n) individual/partner/agent/corporation of 7000 Biscayne LLC, a Florida limited liability company a(n) individual/partnership/corporation. He/She is ersonallknow, n to me or who has produced as identification and who did (di not) take an oath. ^, MARILYN SCMCDEVILA MY tW J!C ti : t fPgsP EXPIRES ,r. `=a S V-7,,;'13,'.:,y (Stamp) Signature Rrv. i" 2:!3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 6 Legal Descriptions: Folio: 01-3218 ,004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC, LEGAL DESCRIPTION: LOTS 24 AND 25, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 10,427 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004-0660 Address: 7010 Biscayne Blvd. Owner; 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 26, LESS THE EAST 8 FEET OF LOT 25 BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING' APPROXIMATELY 5,073 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004-0430 Address. 7020 Biscayne Blvd. Owner: 7000 Biscayne LLC, LEGAL DESCRIPTION: LOT 2, LESS THE EAST8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINING APPROXIMATELY 5,100 SQUARE FEET, MORE OR LESS. Folio: 01-3218-004 -0420 Address: 7030 Biscayne Blvd. Owner: 7000 Biscayne LLC. LEGAL DESCRIPTION: LOT 1, LESS THE EAST 8 FEET THEREOF, IN BLOCK 2, OF BAYWOOD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 85, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CONTAINtNG APPROXIMATELY 5,100 SQUARE FEET, MORE OR LESS. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) JIN JOHN 16ARRA & ASSOCIATES, INC. Prolosriunad Land adrveydra a Mat>Ndar 1 hw_UM rM Ifq,rflV N IP 4444A,a4DW a...0 n.ntt, a rawav«t tw um' nwwraxa hrtrrsn.,r4 ,to t.h.IM tarnrr m4nu, A. nal MP*r { Nf ft.t 5lAikl 1 • Boundary Survey •t r,b re+4011.10.0w, tYNn;, { YRi4114 44411 it7im."" . wawa .04 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) a 1u hFr I IY 11I� la r n ..11.RAfNR.a...I amops a, YlP! tk:a KNUiiH M 1f.. r JOHN IBARRA 8 ASSOCIATE$,•INC. R.owa**X l{ 0 Law.d Jusvayol• 6 Mac110011a NE 11ff *TRE4T M Boundary! , ury 0010 N -.r..w 70''141 SryEkr 1 Y• Win" I 1 ii IE ill l Liattat affERII I fl I MI LfrnT-ITT 1!✓ r e�:Ynt .LIMN PYt�MtlCM< 6- • 00.00.4,000 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) SEEN AT THE END OF THIS DOCUMENT. JOHN IBAHRA & ASSOCIATES, INC. P•oteltr.t.1101 441110 $u•v“ywlt 4 MOppats• aY!4 Iyy Mw-YPI.^t.' i f Zwna� a4f.VKW.IAI{ ArneNNW.✓++iat4,t sA.... •.>tt tw... w, co/a /Rt1N£ti h! N 11iWftY 1�1�P.J•>.M! �r..we�w..r.. PS, Boundary .purvey VAR cywcar €� a' >p f 11111 I�.) 11 •IV • 111 n ;€II€1-€ €€€ mos VIatlevON ORUYIU SOMA M ...•:...: r. --w--_ THIS DOCUMENT IS A SUBSTITUTION TO ORIRIGINAL CAN BE AT HE ENDOF. BACKUP OTH S DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) SEENSEEN THIS INSTRUMENT PREPARED BY; RECORD AND RETURN TO: Todd Lermi P.O. Ros 181703 Miami, Florida 33238 )34i>:' 303 ✓t_'K. dt3i5 '''A;3i- a tit: DATE .,.22t2c12 ., is °u RV. DFTC D2 it;30 ..L:R-?.1 O.45 s;nt7 plc'-ton^u _AM CORRECjD E WARRANTY DEED THIS WAttRAN TY DE0D, matte this 15rt day of Apnl, 2013 by TNA PALMS, INC. A Florida Corporation hereinafter called gantor, iu 700i1 iiscayne LI_L, a United liabflV[y ccripanv, hereinafter called a5rnnter., whose post office address is P.O. Box 381703, "sham:, Fiorda 11238 W iT'.ESSETH: That the grantor, for and in consideration 3f the sum of TEN DOLLARS tSt CLOW and other valuable consideration, ret:.'ipt whereof is hereby :ci::tow^,edged, hereby gnn!s, nargains, setts. aliens, remises, releases. conveys and confirms unto the Fiance, all that ccnui:: land situate in Miami -Dada County, Florida, viz: E.rlin 8: 0 6 32•.18.004.06 30 Address: 7000 Biscayne Blvd, Miami, Florida 33133 Leal Description: BA YiWOOD PB 5-85 LOTS 24 at 25 LOSS E:SET Ac LESS FAT AREA 01° CURV): tN S>: (-OR 1,0)- OE a3 FOR 1LW i}LK 2 LOT SIZE I0265 SQ FT Folio# 0?.32>8.1X54.00n0 AJdre3s; 7010 Biscayne Blvd, !Miami, Florida 33138 Legal Des ription: BAYWOOl3 PB 5.8S :,0T 2h LESS E81-7 Frit S'1 k31.K 21.01'SIZE 50_600X 10200 iQ317M1232;7)OR 19317-0123100302 F n)in 0: 01.32.13.004 043)1 Address; 7020 Biscayne Blvd, Miami, Florida 33138 Legal Description: 13A Y WOOD PB 3-83 LOT 2 LESS ESFT BLK 2 LOT SIZE 50.007X 10300 )931-0(232;000(2)OR 193)7-0I23 100003 Folio t, 01.3213.c04 0420 Address: 7030 Biscayne Blvd, Miser.;, Etor.da 13138 )sego) Description. DA YW0OD PB 5-85 LOT 1 LESS FAT& LESS EXT AREA OF CURVE IN NE CORNER 5OR R W` 31.K 2 'CDT SIZE 524' SQ FT OK 19117-0124 100O 5 I, faxes t': r the year 2012 and sutrequent vear5, wfiich arc not yet due and payable. 'lotting, restrictions, prol:ibitttions sr.d :;the regt:irrnneEti imposed by 4u'. crnmernal authority: rescrictintts arid motors appearing ten )Le plat ocher'iac eo :Iran to the subdivision and puhtit; acuity easements of record, without the ins ration of reimposing :he sluice. 1: )Crt5rtiiR with all the tenements heretiaaient.c and appurtenances thereto belonging or in anywise appertaining. TO HAVE ANT) TO HOLD, the same in fee ;imp[* forever. AND the said gramdoes hereby fully A -arrant t!x ;hie to .rei,i land ;end will defend :he vane against the iawthl claims dial at:racirswhore.soeser. "'this Ceei is betnig re1or&d to correct that certain Warranty Deed recorded 1r. C)f5icial Records Bode 28511, at Page 1153, Dade County, Florid a �i WITNESS WHEREOF, the said g at:1M 4er romo>et its itu1d and t ui rho day ar.d yea flrc above written. Signed, staled and dc)ivacd TNA PA! MS, INC a Florida Corporation in the nlesence of: W i:nrss Signature (a Print Name Witness Sigmtture (as Print Name STATE OF FLORIDA COt,N'PY 01- MIAMI-DAD1: ti 1 foregoin instrume t was acknowledged, sworn to arut 5 day o f _ ��]N„ __ _, 20 ; 3 My Commission Fxp+,-es: Personally Kn Typo of 1 r01t1 Letmi, President P.O. Bus 381703 Miami, Florida 33238 ssionvScrial 'umber (irony) --'`OR Produccd Identification itifieation Produced: __ on this Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ('ITI OEM DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City or Nliarai reo,aite:s any per:on ur entity reductionrelizil or other netlon bona the Cla Co:mission, or .mv ratit:; boards. authorittec, aQenCieS, ecauitzil.s or oonttnittees, to dt;teitru at die colnmenc nlent for coutinuar?CJi of t}i% hi aril vas) on thz <ce. ailt- r,r-sider.iti,ut piovidcd ur con:uluted, dIreeth: or on Its behalf, to any entity or person for an a reelnert to support or it..t;0t,i •0111, c ten tct Ike rev{tieS!cii app ,r.ai. reli;ior,ieii n. "C;>nsidsation" inehrdts any "pit, pavn'.ent. contribution, donation, toe, zoai oissiun, prtNlii>C of ,,*,rant of any rSl one' properiy, tie!, !CO, :redo or financial assistance of ;ins k !id. Or V;tlite, n heth2r direct. or :milled. or any pRinll,c or airr'cenact1 to provide any of the frog„irl•r in the tutture_ nd, t,,uai re.a,r-cL 0; zntp't t 'd h,, a pnneip.al a. a tit by st as ,ictiihd in Sre. '_-l: 3, md appe,tr0i 1 etvr= the Ctty C _,nt^t .00n or itj of its boards. atohorities, aizerzlea, councils cc•r atnlmittee; sold,. ni the capacity of a lohbgi>t and not as the appt,rant, or wt itrr,` e,w_,1 rept zsentati•.e are not required to till out this Tom). 0.\\II_. Gilberto {h�ryt Name.)___... t,1011! Past.(7.z_'t !LAM. Na r!:2) ilit\s; ;\I) ) Weiss Sez La H 1fma_i ra$:o iza Cole & BoniNice, , 2 5 ...., P_1ra' _. l t v., , Su w t '`, 7 .1 ,..re Coral (5i.',I s S1:\Th. •Sis.i'..ls*S or :Ap ';.k:.A' (or li TI r i is 711': 33 i F X. (303) 8 7000 Biscayne LL fit SI\ 1 S •\17t)tl''SS 0 Gilberto Past~criza, 2525 Ponce de Leon Blvd., #7,;0 Lon 1 Coral Galtles, FL 33134 I. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board. authority, agency, council, or committee. Rezoning u c .";prehens,ve plan for tO`. 2 B sizayne Boulevard, M_.ami, FL 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 rj(i 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 1 es. please answer questions 3, 4 & i and read and execute the Aeknow•ledt;ernent. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) 3. Please provide the name, address and phone number of the personts) or entities to whom consideration has been provided or committed. a. N/A b. c. Name Address Phanct * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. N/p 3. Describe what is being requested in exchange for the consideration. N/A ACKNOWLF.DGF.NIENT OF COMPLIANCE I hereby acknowledge that It is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements Of Ordinance I291 i3 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code. upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: I. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shah--h rr ewed or considered by the applicable board(s) until ,ex�uition of a pe;rod of one fter the nullification of the application or ordc PERSONSUB411TTING DISCLOSURE; s,yna ore Gilberto Pastoriza Prinf 1Vame Swan tr! a►►d subscribed before me this 1 1 151AL�4 200 Lt . The foregoing instrument was acknowledged before me byy?-i �+" 7�r _,�� who has prnehrced as identification and'or is personally known to are and who did/did not take an oath. STATE OF FLORIDA CITY OF MT.AMI MY COMMISSION EXPIRES: [7ia No,:5 M43 Notary e" Y:4:41. MARILYN SOMODEV1L A u� Ohit SS 4k i >:E-t' at EK IRE: Seplanbet 13, 2015 ��2.ixec' 1Ir-0Ct',4V POCISkGnti=trom Paoe THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE (.740—‘ SEEN AT THE END OF THIS DOCUMENT. 11/4-1 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami. FL 33133 www.miamigov.com File Number: 0G-01026zc1 Final Action Date: 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-L" SUB -URBAN ZONE -LIMITED TO "T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELYAPORTION OF 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning. Zoning and Appeals Board ("PZAB"), at its meeting on March 5, 2014, following an advertised public hearing. adopted Resolution No. PZAB-R-14-C15 by a vote of eight to zero (8-0), item no. 5, recommending APPROVAL 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-L" Sub -Urban Zone - Limited to "T4-L" General Urban Zone - Limited, for the property located at approximately a portion of 7000 Biscayne Boulevard, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} AF OVEDWS TO FORMAND ORRECT N VIO�ORIA MENDEZ CITY ATTORNEY City of Miami Page 1 of 2 File Id: 06-01026zc1 (Version: 2) Printed On: 4i3'2014 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) File Number. 06-01026zc1 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of :Wand Page 2 of 2 File Id: 06-01026zc1 (Version: 2) Printed On: 4/3/2014 Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) Portion of Folio: 01-3218-004-0650 Address: 7000 Biscayne Blvd. Owner: 7000 Biscayne LLC. Legal Description: Lot 24, in Block 2, of Baywood, according to the Plat thereof, as recorded in Plat Book 5, Page 85, Public Records of Miami -Dade County, Florida. Containing approximately 5,100 Square Feet, more or less. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) CITY COMMISSION FACT SHEET File ID: 06-01026zc1 PZ.6 SECOND READING Title: 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-L" SUB -URBAN ZONE -LIMITED TO "T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY A PORTION OF 7000 BISCAYNE BOULEVARD, MIAPv1I, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Location: Approximately a Portion of 7000 Biscayne Boulevard [Commissioner Keon Hardemon - District 5] Applicant(s): Gilberto Pastoriza, Esquire, on behalf of 7000 Biscayne, LLC 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables, FL 33134 (305) 854-0800 Purpose: This will change the above property from "T3-L" to "T4-L". Item includes a covenant. Planning and Zoning Department Recommendation: Recommended approval. Planning, Zoning and Appeals Board Recommendation: Approval to City Commission on March 5, 2014 by a vote of 8-0. City Commission: Passed on First Reading April 24, 2014. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment: File ID 2038 - Ordinance 13459 (2038 : Rezoning - 7000 Biscayne Blvd) SUBSTITUTED D unabl entitl These d the Office o Miami Office o be distribute Planning and Z Mee 2038 —Ordinance 13459 to technical difficulties, we were to upload the backup documents "2038 —Ordinance 13459". uments will be available at the City Clerk, the City of Hearing Boards, and will t the May 25, 2017 ing Commission t g.