HomeMy WebLinkAboutApplication & Supporting DocsREZONING APPLICATION
PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION
444 SW 2nd Avenue, 3`d Floor • Miami, Florida 33130 • Telephone 305-416-2030
www.miaminov.com/hearinct 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%zx11") or other materials submitted
during this process will be kept as part of the record. Any documents offered to the Planning,
Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15)
days before the meeting as part of the agenda materials will be entered into the record at the
discretion of the aforementioned Board and Commission.
ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE
STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST
WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, A COPY OF SAID
ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
Ordinance No, 12918 states that each person or entity requesting approval, relief or other action
from the City Commission or any of its boards, authorities, agencies, councils or committees
regarding any issue, shall disclose at the commencement (or continuance) of the public
hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an
agreement to support or withhold objection to the requested approval, relief or action. The
Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit included in this package must be submitted with the application. The
applicant must, at the commencement of any public hearing on the issue, if there is any
disclosure to report, read the disclosure into the record. Also, the applicant must supplement
the affidavit if there is any new information or additional information to disclose.
Copies of City Commission resolutions and ordinances can be obtained at our website through
the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Rev. 07-2013 2
MIA 185361159v1
REZONING APPLICATION
Please refer to Article 7.1.2.8 of the Miami 21 Code for Rezoning information.
1. Applicant(s): Carlos R. Lago, Esquire on behalf of Capiro Venture, LLC _
2. Subject property address(es) and folio number(s): 1247 SW 4 Street and 1244 SW 3 Street
01-4102-006-3970 and 01-4102-006-3860
3. Present zoning designation(s): T4-L
4. Proposed zoning designation(s): . T5-O _
5. Per Miami 21, Article 7.1.2.8, c.2 (g), an analysis of the properties within a one-half mile radius of
the subject property, including aerial photo of the site as to why the present zoning designation is
inappropriate and proposed zoning designation is appropriate.
6. One (1) original, two (2) 11x17" copies and one (1) 8'/x11 copy of the survey of the property
prepared by a State of Florida registered land surveyor within six (6) months from the date of the
application.
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
showing the present owner(s) and legal description of the property to match the legal description on
the survey.
8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate
sheet, labeled as "Exhibit A", to match with the current survey's legal description.
9. At least two photographs showing the entire property showing land and improvements.
10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable.
11. Affidavit of Authority to Act and the Disclosure of Ownership of all owner —and contract purchasers,
if applicable —of the subject property.
12. For all corporations and partnerships indicated:
a) Articles of Incorporation;
b) Certificate from Tallahassee showing good standing, less than one (1) year old;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
13. Certified list of owners of real estate within 500 feet of the subject property.
14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold
Objection Affidavit.
15. Original Public School Concurrency Management System Entered Requirements form.
16. The subject property(ies) cannot have any open code enforcement/lien violations.
17. What is the acreage of the project/property site? Approx. 0.344 acres
Rev. 07-20
MIA 185361159v1
REZONING APPLICATION
18. What is the purpose of this application/nature of proposed use? Rezoning of properties from T4-L
to T5-O.
19. Is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning and Zoning Department on the 3rd Floor for information. No _
20. Is the property within the boundaries of an Environmental Preservation District? Please contact the
Planning and Zoning Department on the 3rd Floor for information. _ No
21. What would be the anticipated duration of the presentation in front of the:
❑ Planning, Zoning and Appeals Board 15 Mins and/or ❑ City Commission 15 Mins
22. Cost of processing according to Section 62-22 of the Miami City Code*:
Change of zoning classification to:
a. CS, T3-R, T3-L, T3-O, T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI:
Per square foot of net lot area $ .50
Minimum (Assumes a 5,000 square -foot lot) $ 2,500.00
b. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD:
$ .70
$ 5,000.00
Per square foot of net lot area
Minimum
c. Advertising
d. School Concurrency Processing (if applicable)
e. Mail notice fee per notice
f. Meeting package mailing fee per package
*Fees over
Signature
Name
Telephone 305-579-0578
$ 1,500.00
$ 150.00
$ 4.50
$ 6.00
id in the form of a certified check, cashier's check, or money order.
Address 333 SE 2nd Avenue
Miami, Florida 33131
E-mail IagocCc atlaw.com
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowledged before me this day of
20 16 , by Carlos R. Laga, Esq. who is a(n) individual/ '•rtnerl'sent/corporation of
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.
(Stamp)
Rev. 07-20
MIA 185361159v1
MA'I50L Ratfi.GOFZ
�'- NORIV ROW; • SSNiR Ct f141101
�.: My Crr,im r wilt t Bop 27. 201S
GomrnLnsoti M fi 153030
REZONING APPLICATION
AFFIDAVIT OF AUTHORITY TO ACT
Before me this day, the undersigned personally appeared Carlos R. Lago
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, X including or 0 not including responses to day to day
staff inquires.
3. That the foregoing and following pages are part of this affidavit and contain the current names,
mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is
the owner or legal representative.
4. That the facts, as represented in the application and documents submitted in conjunction with this
affidavit, are true and correct.
Further Affiant sayeth not.
Carlos R. La to
Applicant(s) Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
C4r-AgzS
Applicant(s) Signa
The foregoing was acknowledged before me this Iday of > 1 '
C\ il
20 16 , by Carlos R. LagoLi
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/She is personally known to me or who has produced
as identification and who chic- (did not) take an oath.
(Stamp)
Signature
MARISOL RODRIGUEZ
Wavy public - State of k iwida
MY Comm. EMIRS Sep 27 2016
Commission if FE 153039
Rev. 07-20
MIA 185361159v1
EXHIBIT "A"
LEGAL DESCRIPTION:
Lots 6 & 15, Block 90, LAWRENCE COMPANY'S SUBDIVISION, according to the Plat
thereof, recorded in Plat Book 2, Page 46, of the Public Records of Miami -Dade County, Florida.
I hereby certify to Barlington Group, LLC, Escapiro Development, LLC, Capiro Venture, LLC,
DOF IV REIT Holdings, LLC & Old Republic National Title Insurance Company that this is a
true and correct survey of 1244 Southwest 3rd Street & 1247 Southwest 4th Street, Miami,
Florida 33135, Miami -Dade County, Florida and shows the true and correct location of the
buildings and improvements situated on such land and all easements, rights -of -way, setback lines,
and similar restrictions of record affecting the property surveyed. The buildings and
improvements do not overhang or encroach upon any easement or rights -of -way of others, and
there are no encroachments either way across the property lines. The property surveyed contains
0.34 acres and 0 parking spaces (including 0 handicapped space), and is not located within a
flood plain area.
r •)�)
: """<<
City of Miami
Public School Concurrency
Concurrency Management System Entered Requirements
Applicant Fields
Information
Appllcatlon Type
Public Hearing
Appllcatlon Sub -Type
Zoning
Application Name *
Caprio Venture LLC
Appllcatlon Phone *
(305) 428-2786
Application Email *
martin@barlingtongroup.com
Application Address *
1247 SW 4 St and 1244 SW 3 St.
Contact Fields
Information
Contact Name *
Carlos R. Lago
Contact Phone *
305-579-0578
Contact Email *
lagoc@gtlaw.com
Local Govt. Name
City of Miami
Local Govt. Phone
305-416-1400
Local Govt. Email
mu LiDUI K11;41 vnnumo.inV vital;
jell is(ui)m ialn i eo v.coin
Local Govt. App. Number (OFFICIAL USE ONLY)
Property Fields
Information
Master Folio Number *
01-4102-006-3970
Additional Folio Number
01-4102-006-3860
Total Acreage *
0.34
Proposed Land Use/Zoning *
T5
Single -Family Detached Units *
0
Single -Family Attached Units (Duplex) *
0
Multi -Family Units *
22
Total # of Unita *
22
Redevelopment Information (MUSP8) - Re -development applications are for those vacant sites for which a local
government has provided vested rights; or for an already Improved property which does not have 10 be re -platted as
deemed by the local government. The number of units to be Input Into the CMS Is the net difference between the existing
vested number of units and the newly proposed number of units.
Example: an existing 20-unit structure will be tom down for redevelopment The newly proposed development cells
for40 total units Local government shall Input 20 units in the CMS (net difference between the 20 units vested less
the newly proposed 4 units)
Required Fields for Application *
Carlos R. Lago, Esquire
Owner(s)/Attorney/Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Thu foregoing was ittAnowledgr;d Wine me this
20 16 , by Carlos R. Logo. Esquire
Owner(s)/Attnlncy1RITpl iu Sig t ore
[g
day of July
who is a(n) individual/partner/agent/corporation of a(n)
Individual/partnership/corporation He/She is + I LI14 known to inc our who has produced
as identification and who did (did not) take an
(Stamp)
Signature
MARISOL RODRIGUEZ
Notary Public - State of Florida
My Comm. Expires Sep 27. 2018
Commission # FF 153039
City of Miami
MIAMI 21 CODE -ZONING REFERRAL
Address
Hearing Board (Planning Dept)
444 Southwest 2nd Avnue, 3cd Boor
Miami, Florid D 33130
of property(ies): /
Attached
Waiver appeal
documents for
the following
to the Code
permit application:
EException
flSpecFal Area Plan
nWarre t appeal
Variance
•Amendmend
i, 2.-ii IA Change
E Other
COMMENTS:
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iir z, ., .. - - 'e..?, r f 1
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Office cf Zoning
Date
PLANNING AND ZONING DEPARTMENT
PROJECTS REVIEW MEETING
Rezoning
Capiro
1247 SW 4 Street and 1244 SW 3 Street
PR-16-078
ZONING DESIGNATION: T4-L
NET DISTRICT: LITTLE HAVANA
JUNE 29, 2016
The rezoning request, as referred by the Office of Zoning, is subject for compliance with the
requirements of the Miami Comprehensive Neighborhood Plan (MCNP), the City of Miami Code of
Ordinances, and Miami 21 Code, as well as other applicable county and state regulations.
The following comments were generated based on the pre -application conference held with the
applicant and representatives of the City of Miami Planning and Zoning Department's Land
development Division and the Office of Zoning on June 30, 2016.
GENERAL INFORMATION:
This request, as proposed, is looking to secure a hearing in the September 2016 rezoning and
FLUM cycle, which last date for pre -application meeting was Wednesday, June 08, 2016 to meet
one of the requirement for application submittal.
The subject potential rezoning application consist of two parcels of approximately 15,000 square
feet. The two parcels are zoned T4-L (General Urban Transect — Limited) with a Land Use of
Medium Density Restricted Commercial.
Purpose/Request:
The applicant proposes a rezoning change from T4-L to T5-O (Urban Center Transect Zone —
Open), which does not require a FLUM amendment.
Criteria
The proposed parcels for rezoning do not meet the minimum land area of at least 40,000 square
feet or 200 feet of street Frontage on one (1) street to allow submittal for a zoning change.
However, the rezoning of T4-L to T5-O meets the successional zoning pursuant to Article 7, Section
7.1.2.8 (a) (3) and meets Section 7.1.2.8 (c) (1), where the proposal for the rezoning of property
involves an extension of an existing Transect boundary.
The Division of Land Development of the Planning and Zoning Department confirms the
applicant may submit an application of rezoning with the following conditions:
1. The rezoning application must be submitted to the Office of Hearing Boards on or before July
17, 2017 deadline. Because July 17 falls on a weekend, applications may be received on or
before July 18, 2017.
CITY OF MIAMI
Planning and Zoning Department
Ph: 305-416-1400 & 305-416.1499
444 SW 2nd Ave 3,d Floor & 4th Floor Miami, FL 33130
www.FIIAlin
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) Canrio Venture. LLC
Percentage of Ownership See attached'Exh3btt "B"
Subject Property Address(es) _ 1247 SW 4 Street and 1244 SW 3 Street
2, List all street address(es) and legal description(s) of any property located within 500 feet of the
subject property owned by any and all parties listed in question #1 above. Please supply additional
lists, if necessary.
Street Address(es):
1217 SW 4 Street
1220 SW 3 Street
1129 SW 4 Street
300 SW 12 Avenue
Owner(s) or Attorney Name
STATE OF FLORIDA -- COUNTY OF MIAMI-DADE
The foregoing was acknowle� ed before me this
20 ILO , b �i n 1
who is a(n) indivld gent/ oration of C i'rS3 rev rd-t a(n)
individuallpa�ia rier p c rp ation. el e is pemondyjsto me or who has produced
as identification and w o did (did not) take an oath.
`Illilllllllly���
`�,�t`�y h/1ET C(jQ dl�frfr
(Stamp) ,i;ssfo�o▪ loir 16 to: S.
•
r •*
f i ' MEE Ram 41
1tcv.07-2013 fi , ▪ ;+u,.......
�"/4 STA,. ��`.ti.'
Legal Description(s):
LOT 18 LESS E10-1/2FT LAWRENCE EST
PB2-46
LOTS 1 THRU 4 & LOTS 19 & 20, LESS
E10.12FT TO CITY BLK 90, LAWRENCE EST
PB2-46
LOT 18 LESS E10-1/2FT TO CITY
BLK 90, LAWRENCE EST PB2-46
LOT 5 & LOT 16 BLK 90, LAWRENCE EST
PB2-46
Owner(s) or Attorney Signature
day of -1 t.t %.1
6
Martin A. Pinilla William O. Fuller
O / O
�0%r 50%
Barlington Ventures, LLC,
a Delaware limited liability
company
9.1%
Barlington TL Venture I, LLC,
a Delaware limited liability
company
100%
Capiro Venture, LLC,
a Delaware limited
liability company
{38653450;1 }
[See attached chart]
DOF IV
REIT
Holdings,
LLC
90.9%
«g« iigraxa
Torchlight Debt Opportunity Fund IV
Torchlight Debt
Opportunity
Fund IV, LLC
("DOF IV Master")
National Pension Service of Republic
of Korea - 15.8 % LP interest
ownership of DOF IV Master.
No other foreign investor owns > 10%
DOF IV REIT Holdings,
LLC
(100% owned by DOF IV Master)
CITY OFMIAMI
DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee,
commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to fill out this form.
NAME:
M91"?Ti►/ �L5Fi !/tJ/LCA .
(First Name) ( ddle) (Last Name)
HOME ADDRESS:
CITY:
(Address Line 1)
(Address Line 2)
STATE: Florida ZIP: 77/
HOME PHONE:'_70Q3C/1 /o_J` CELL PHONE: ..?‘75 7 73 ' ',49? FAX: 105 42127 C-;
EMAIL:"'icy 7Y4 &iti ei 4� 9 r0 � L &-V
BUSSINESS or APPLICANT or ENTITY NAME +�
Capiro Venture LLC
BUSINESS ADDRESS: 1637 SW 8 Street, #200
(Address Line 1)
Miami, Florida 33135
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
Approval of rezoning for properties located at 1244 SW 3 Street and 1247 SW 4 Street.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
❑ YES ❑X NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
1 kpc. No :86543
3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided
or committed.
Name Address Phone#
a. n/a
b.
c.
* Additional names can be placed on a separate page attached to this form.
4. Please describe the nature of the consideration.
n/a
5. Describe what is being requested in exchange for the consideration.
n/a
ACKNOWLEDGEMENT OF COMPLIANCE
I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING DISCLOSURE:
Hoare
t
�P7?ij �iN 6
r � Aame
Sworn to and subscribed before me this l (toy of `3 uA_ , ?Ud c9 The foregoing
acknowledged before me by etr r1 r?w ►"..:\\ as . who has produced
as identification and/or is personally known to me and who did/did not take an oath.
a .. (L�J .•oksoy h�ET Lop ifr
L p ` r �'
•• *s
[�v.� � � � �� �NEE6511� I r
point Name :+ ' :;
instrument was
STATE OF FLORIDA
CITY OF MIAMI
MY COMMISSION
EXPIRES: t 1- IA4 - I V
Enclosure(s)
Dm No.;56543
Page 2
State of Florida
Department of State
I certify from the records of this office that CAPIRO VENTURE, LLC is a
Delaware limited liability company authorized to transact business in the State
of Florida, qualified on July 9, 2014.
The document number of this limited liability company is M14000004854,
I further certify that said limited liability company has paid all fees due this
office through December 31, 2016, that its most recent annual report was filed
on April 29, 2016, and that its status is active.
I further certify that said limited liability company has not filed a Certificate of
Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Twenty-eighth day of June,
2016
_VA%
Secretary of State
Tracking Number: CU0766514860
To authenticate this certificate,visit the following site,enter this number, and then
follow the instructions displayed.
https: //services.su nbiz.org/Filings/CertificateotStatus/CertificateAuthentication
2416 30 29 P1l 12t 26
It i,h'sN
CITY OF MIAMI
'tor Office
Use Only:
Print Form
checw/ _ j_c‘0616
()
Ree ctpt/1
Ethics Certificate
ni if, �tl t•tifli k• of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 Phone: (305) 250-5360
LOBBYIST REGISTRATION
(1) Lobbyist Name: Logo, Carloo, R
Last Name, First Name, Middle Initial
Business Phone: 305-579-057B
(2)
(3)
(4)
Business Address 333 SE 2nd Avenue,
E-Mail Address Lagocik9t.law, rom
Principal Represented Capiro Venture, LLC
44th Floor, Miami, Florida _ 71p33131
Principal's BusinessAddresti163% 84 ath Street, Suite 200, Miami, tot, zip33135
(If different from above)
Specific issue lobbyist has been retained to lobby (if representing a corporation, partnership or trust, give business
address of chief officer, partner, or beneficiary of same, and the names and addresses of all persons holding,
directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust).
Zoning tsnl:l.l.;.lements
Lobbyists shall state the v.i Irt r f any business a!tsucialion or financial relationship with any member(s) o!•the
City Commission, any uii. tltl r of City staff I line whom he/she lobbies or intends to hobby, (If applicable,
please explain)
None
Lobbyists shi1 I lay all registration fide~ ($525,00 annually, talus [ 1(15,00 for each principal represented and for cacti issue
a lobbyist has been retained io lobby on lr'dlirlf"of isny one priticlpnl), and specifically del.ine the issue for which they are
employed. The Clerk shall reject any sl;iLctucni which clues not detail the issue forwhich the lobbyist has been employed.
Lobbyist shall also submit a certificate of completion of an ethics course provided by the Miami -Dade County
Commission on Ethics & Public Trust or City of Miami completed no more than one (1) year prior to registering,
I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with
the provisions contained in Sections 2-651 through 2-658 of the City Miami Code, as amended,
including "annual registration, withdrawal, reporting requirement••, nil nt w. examinations, penalties for
violations and contingency fees."
State of Florida, County of Miami -Dade
.',,,,,.] jj� n to ands rwr•r r Ierl behove n c this
29 klny of �.J _._ , Zet(
JANET ROSILLO
MY COMMISSION tl FF 009009
EXPIRES: June 6, 2017
Bonded Thru Nolery Pupae Underwdtere
ti it 'r or Deputy Clerk
Note: Annual Registration Fee: Effective through 12/31/2016
Miami -Dade Official Records - Print Document
Page 1 of 4
•
Return to: CASTRO & RAMIREZ, LLC.
Name: Carlos De Cespedes, Esq.
Address:1 805 Ponce de Leon Blvd. Ste.
Coral Gables, FL 33139
This Instrument Prepared By:
MARK A. JACOBS, ESQUIRE
Bergman and Jacobs, P.A.
2001 Hollywood Boulevard
Suite 200
Hollywood, FI.33020
500,
1111111 1 11111111111111111111111111111111111
CFN 2014ROSO3535
UR Bk 29233 Pas 3086 - 30891 (opt
RECORDED 07/17/2014 14:09:40
DEED DOC TAX 41'400.00
SURTAX 31,050.00
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
1111111111111111111111111111111111111111111
CFN 2014R0541783
DR Bk 29254 Pas 3480 - 34831 (4p!
RECORDED 08/01/2014 14:40:32
DEED DOC TAX 0.60
SURTAX 0.45
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY' FLORIDA
Property Appraiser Parcel I.D. (Folio) Number: 01-4102-006 3850; 014102-006-3990; 01-4102-006-
4000; 01-4102-006-4010; 01-4102-006-3860; 01-4102-006-3970
Grantee(s) S.S.#(s) or FEI #:
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made the 11' day of July, 2014 by:
ESCAPIRO DEVELOPMENT, LLC, a Florida limited liability company
Address: 12025 SW 70 Court
Miami, Fl. 33156
hereinafter called the grantor, to:
CAPIRO VENTURE, LLC, a PakOtAiNated liability company
Address: 1637 S.W. 8th Street, #200
Miami, Fl. 33135
hereinafter called the grantee:
(Wherever used herein, the terms °'grantor" and "grantee" include all the parties to this
instntnent and the heirs, legal representatives and assigns of individuals, and the successors and
assigns of corporations)
WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants bargains, sells,
aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in
MIAMI-DADE County, Florida, legally described as:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
NOTE: THIS DEED IS BEING RERECORDED TO CORRECT THE JURISDICTION
OF GRANTEE`rS LIMITED LIABILITY PANY.
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Miami -Dade Official Records - Print Document
Page 2 of 4
SUBJECT TO: Easements, Restrictions and Reservations of record, not intending to
reimpose same, as set forth in Exhibit "33" ("Permitted Exception?) attached hereto and
made a part hereof.
SUBJECT TO: Taxes for the year 2014 and all subsequent years.
TOGETHER with all the tenements, hereditanients and appurtenances thereto belonging
or in any way appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
MW the grantor hereby covenants with said grantee that the grantor is law fullyseiredof said
land in fee simple: that Vac grantor has good right and lawful authority to sell and convey said land,
AND hereby warrants the title to said land and will defend same against the lawful claims of all
persons claiming by, through or under the said grantor, except taxes accruing subsequent to
December 31, 2013.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year
first above written.
Witn Signet
Print t•
Witness Signature
Print_ ,1 re►, {47 aorfFcs-
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ESCAPIRO DEVELOPMENT, LLC
a Florida limited liability cntnpan
By:
PATRICIO CERVANTES
As its: Manager
The foregoing instrument was sworn to, subscribed and acknowledged before me this 11"'
day of July, 2014, by PATRICIO CERVANTES, as manager, of ESCAPIRO DEVELOPMENT,
LLC, a Florida limited liability company, oq.behalf of the company. Ile/she
( ) is personally known to Inc; or ( ' /' ) hes produced as
identification.
OTARY PUBLIC,
Print Name:
Commission Num
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1:XIIIEII'I' .•
LEGAL DESCRIPTION
Lots 1, 2, 3, 18, 19, 20, Tess the East 10.50 feet thereof for Street R/W and all of Lots 4, 5, 6, 15,
16, 17, Block 90, LAWRENCE ESTATE LAND CO'S SUBDIVISION, according to the Plat
thereof, recorded In Plat Book 2, Page 46, of the Public Records of Miami -Dade County, Florida.
Tax Folio(s): 01-4102-006-3860;01-4102-006-3970;01-4102-006.3850;01-4102.006-3990;01-
4102-006-4000;01-4102-006-4010
(10976526:3}
EXHIBIT A
Book29254/Page3482 CFN#20140541783 Page 3 of 4
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•
•
IL
st
NW
Tl7
NQ
a
(OR BK 29233 PG 30 89
(LAST PAGE /
EXHIBIT "B"
PERMITTED EXCEPTIONS
1, Restrictions, conditions, reservations, easements, and other matters contained on the
Plat of Lawrence Estate Land Company's Subdivision, as recorded in Plat Book 2,
Page 46, of the Public Records of Miami -Dade County, Florida.
2. Covenant Running with the Land recorded in O.R. Book 7896, Page 556, of the
Public Records of Miami -Dade County, Florida.
3. Easement in favor of Florida Power and Light, contained in instrument recorded
January 30, 1974, in O.R. Book 8580, Page 1255, of the Public Records of Miami -
Dade County, Florida.
4. Covenant Running with the Land recorded in O.R. Book 15819, Page 4213, of the
Public Records of Miami -Dade County, Florida.
5. Agreement for Water and Sewage Facilities recorded in O.R. Book 19254, Page
2651, addendum recorded in O.R. Book 21377, Page 2814, both of the Public
Records of Miami -Dade County, Florida.
6. Resolution 04-1280 recorded in O.R. Book 23010, Page 2458, of the Public Records
of Miami -Dade County, Florida,
Book29254IPage3483 CFN#20140541783 Page 4 of 4
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LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that we. Capiro Venture, LI_.0
have made, constituted and appointed and by these presents do make, constitute and appoint
Carlos R. Lazo , as true and lawful attorney for ourselves and in our name, place and
stead in connection with the development of that certain real property located in the Miami -Dade
County, Florida, more fully described on Exhibit "A" attached hereto and made a part hereof (the
"Property"), giving and granting unto said attorney, full power and lawful authority to do and
perform all and every act and thing whatsoever requisite and necessary to be done in and about
the premises in full, for all intents and purposes, as I might or could do if personally present, for
the following limited purpose only and for no other:
1. Process rezoning application at the City of Miami for properties located at 1247 SW 4
Street and 1244 SW 3 Street, Miami, Florida.
This Limited Power of Attorney is specifically limited to this request. I authorize the use of a
photocopy of this Power of Attorney, in lieu of the original.
I do hereby - rthat,t1ie foregoing is true and correct.
Signature
STATE OF FLORIDA
NOTARY ACKNOWLEDGMENT
)SS
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this s day of,..LAANI 2016, by
,µ ; i ni \i q as Ove PICA V►\4( of Capiro Venture, LLC.
Personally Known _ or Produced Identification .
Type of Identification Produced —
NO ARY SIGNAT1I
Print or Stamp Name:
Notary Public, State of Florida
My Commission Expires:
MIA 185375062v1
Go. yg1e earth feet
meters 100
500
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02 Jae002221
TOMO T4.-1.
111',17,7'
ZONE) T44.
srrh ROQUIREMENT AS PER ZONING MIAMI-DADE PROPERTY
APPRAISER
1214 Sountwes13rd Sven- Mimi, F100,0135
1217 Sundninai 4th Specs Minn, Garble 11134
c...10743Por Darling. Goan, LTC n RN.. Manned Tine Mow.
SITE STAIN,
PROPERTY MEAN Anna or 19,991i Sy Fr
CURIUM-11Sn rdennal / Gammen-in
CURRENIYININPOP are, Gcnend Ono ,kme
Etonartclary Survey/
Scale. 1" =
Southwest 3rd Street
50.00.
N9700 E
MAXIM:
ZEVEDT*1.
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Southwest 4th Street
.174"
Southwest 131h Avenue
3+0011ett0ll fatiloteil 1.= 1010'
Southwt .3rd Street
10 9 8 7
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15
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16 17 19
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10
LEGAL I1ESC0.11,1101,:.
L. b 19.111.k.90,LAWRIINCE COMPANY'S SUI1DIVISION,.eodinn thr Plat
thenol, Nonled in Plat nook 2, Page.- nf the Pnblit Reconis of ktistmi-Dador God.
I hereby certify to harintent Gobi, 441., tuntynto LAeselonnent. LLC, Ifotint Veen, 1.1.4,
In3F IV REIT Ilehrinsi, Ltd ?a 111.1111,014 N,1,0,I44r,004.0401119994.
.e comsat survey of 1241 Sambaing ltel Street di 1247 Sotaban. sith S.et, /dined
Florid/ 3313S. arlituni-Dade Coma, Flutida and shows eve and mon lonalitin of Oe
Wind ing• and imnevent.• attested en och lend and all canentenn, rients-sildway, tonne linen
and noilar restrictions of record arresting the property surveyetrINe budding, and
Improve.. du Mt overhang or ninon* up, nin i • tanN1114.t) .11931449.1
Nen are no encrostel.mts either WAS aentin IO PNIANIS itno Pnntend nioeYed °MN
004 esto rot 0 parking staces (including 0 lastediertpind space), is not looted win,'
Rood plain aro
I hereby sentry that this runty i• 4.14 at Nast treeu.nue with Inandinimurn
Dena Reinthonetna for ALTA/ACIettned Title bunions,. jainly established end adopted hy
LTA and INSPS In .11 and laden. 1.ns 1,1, 3, 4, ft, 7(al, 70.11(1). S. 9. 10, 1100. 13. rod
14 of Table A thereof. Gonna 9 the Accuracy Staniar, dept. by ALTA and NSF'S and in
ov., Pot dto date of this entificninn, undersint.1 turner certifier in my prortes.tal
opinion es • 1.1.ranyor tenared in the Sude ar 1.1404 the Relative Positiorn1 Anon, of
this sonny 0.s tiol <steed On eiNch is rpecilled therein
11E01101ED ONLY TO,
baningint Coup. TLC, a Florida limited litthilin coon,
Wen. Deoloptnern LLC. Florida Ited liability .utpany
Cep. Venture, GU% a Delaware limited liability company
ON Republic National Title tonere Coon,
DOT IV Ralf 10,1,9 Delswart !imbed company
in sworn. antlroonsinns
PROPERTY ADDRESS:
1711 tionnssil 31h, Stn.
1217Senthbon Siren
Mimi, Flo. 33135
ELEVATION INFORALITION
Niglonel oh montwor Prvgrarn
FEMI Elea Reinert,. N01101929
Comm Panel 12000
INnel 0314
Oro ZOnt:
Date of 09-11-2009
Hoe Flood Elev. N/A.
F Hoot TIes. N/A
Garage Glee N/A
Runty
Elev. Reference NGVD 1929
In" In-6de
DAIL 06.111,21111,1
NI :Air
AFA
Campany, 44,
Sun. cyera':=
=
"Till'a'srost Patios. "'"
Oa tanat.1.40/0
GT
GreenbergTraurig
June 30, 2016
July 14, 2016 (Updated)
Mr. Francisco Garcia
City of Miami
Director of Planning and Zoning
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33131
Carlos R. Lago
305-579-0578
lagoc@gtlaw.com
Re: Capiro Venture, LLC / 1247 SW 4 Street (Miami -Dade County Tax Folio No.
01-4102-006-3970) and 1244 SW 3 Street (Folio No. 01-4102-006-3860),
Miami, Florida / Letter of Intent for Submittal of Application for Rezoning
Dear Francisco:
On behalf of Capiro Venture, LLC (the "Applicant"), please accept the enclosed
application for a rezoning (the "Application") of the properties located at 1247 SW 4 Street and
1244 SW 3 Street, Miami, Florida (collectively, the "Subject Property"). The Subject Property
consists of two (2) platted lots: Lots 6 and 15 of Block 90 of the Lawrence Estate Land Co.'s
Subdivision, as recorded in Official Plat Book 2, Page 46, of the Public Records of Miami -Dade
County, Florida.
This correspondence constitutes the Applicant's Letter of Intent and analysis pursuant to
the requirements of Article 7,1.2.8(c) (2) (g) of Miami. 21. Specifically, the Applicant is
requesting a zoning changeof the Subject Property from T4-L to T5-O pursuant to the
successional zoning requirements of Section 7.1.2.8 of Miami 21 and in compliance with Section
7.1.2.8(c)(1) of Miami 21 for an extension of an existing T5-O Transect boundary.
The Subject Property's T4-L zoning is incompatible with the existing underlying Future
Land Use Map designation and will be corrected by the proposed rezoning of the site to T5-O.
The proposed rezoning to T5-O is consistent with the established land use and zoning pattern and
context for the immediate vicinity and neighborhood.
PROPERTY INFORMATION
According to the survey of the Subject Property, as prepared by AFA & Company, Inc.,
dated June 8, 2016, the Subject Property consists of approximately 14,998 square feet or 0.34
acres in total lot area and currently consists of mostly vacant land and two (2) concrete structures
(the "Survey"). A copy of the Survey is attached hereto as Exhibit "A". The Subject Property
abuts a four (4) story commercial shopping center with a free standing parking structure to the
East, a multifamily residential structure and vacant land to the West, and multifamily structures
to the North and South.
MIA 185364586v1
GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
333 S.E. 2nd Avenue ■ Suite 4400 • Miami, FL 33131-3238 e Tel 305.579.0500 • Fax 305.579.0717
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
The Subject Property is unified with the adjacent assemblage of land, zoned T5-O under
Miami 21 (the "Assemblage Property" )'. The Assemblage Property is currently developed as a
four (4) story shopping center including retail, office, restaurant, and educational uses with a two
(2) story parking garage structure. The Subject Property and Assemblage Properties are unified,
comprising a single development site (collectively, the "Capiro Property"). Please see Image 1
below depicting the properties. Please note that only the Subject Property is proposed for
rezoning.
Subject Property
Assemblage Properties
Image 1
The Applicant seeks to redevelop the Subject Property as a unified development with the
Assemblage Property for a development conforming to the principles of Miami 21. The future
redevelopment of the Capiro Property will meet the intent and goals of Miami 21 by creating a
mixed use, transit oriented, walkable center for the adjacent neighborhoods and create a
pedestrian friendly public realm of the highest ambient quality. The Capiro Property will achieve
' The Assemblage Property consists of 300 SW 12 Avenue, 1220 SW 3 Street, 1229 SW 4 Street, and 1217
SW 4 Street Miami, Florida.
2
MIA 185364586v1
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
these goals through the utilization of habitable liners along the parking garage, ground floor
activation, retail frontages, amongst others Miami 21 goals and standards.
FUTURE LAND USE
Under the City of Miami's Future Land Use Map ("FLUM"), the Subject Property has a
land use designation of Medium Density Restricted Commercial ("MDRC"). Pursuant to the
Correspondence Table in the Miami Comprehensive Neighborhood Plan, as depicted below, the
site's MDRC land use designation is incompatible with the Subject Property's existing T4-L
zoning. However, according to the table, the Subject Property's current MDRC designation is
consistent with the proposed T5-O zoning.
Correspondence Table - Zoning and Comprehensive Plan
Transect
Miami 21
Transect Zone
October 2009 MCNP
Future Land Use
Dwelling Units Per
Acre Max.
T3
R. L
SUB -URBAN
SINGLE-FAMILY RESIDENTIAL
9 dulac
T3
0
DUPLEX RESIDENTIAL
18 do+ac
T4
R
GENERAL URBAN
LOW DENSITY MULTIFAMILY RESIDENTIAL
36 dWac
T4
L,0
LOW DENSITY RESTRICTED COMMERCIAL
36 durac
T5
R
URBAN CENTER
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL
65 dulac
T5
L,0
MEDIUM DENSITY RESTRICTED COMMERCIAL
65 du/ac
The FLUM designation guides future development and distribution of land uses within a
neighborhood. Goal LU-1(3) of the City's Comprehensive Plan seeks to maintain a land use
pattern which promotes and facilitates economic growth and the growth of job opportunities in
the City. The proposed rezoning effectuates the City's land use pattern for this particular
neighborhood by rezoning to a transect zone that is further consistent with the Subject Property's
underlying land use designation and that promotes and facilitates economic development within
the Little Havana neighborhood.
The City's designation of the Subject Property as MDRC reflects the City's vision and
intent to allow additional activities and uses along this segment of SW 3 Street and SW 4 Street
which are compatible with the scale, intensity and character of other uses in the immediate
vicinity, as analyzed further below. Approval of the proposed rezoning to T5-O implements the
goals and policies of the City's Comprehensive Plan as reflected by the City's designation of the
Subject Property as MDRC under the FLUM. Please see the specific goals, objectives and
policies furthered by the proposed rezoning of the Subject Property to T5-O included on pages
10 and 11 of this correspondence.
3
MIA 185364586v1
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
MAJOR USE SPECIAL PERMIT APPROVAL
The Capiro Property, including the Subject Property, was the site of the approved Capiro
Tower Major Use Special Permit under Zoning Ordinance 11000. On December 9, 2004, the
Miami City Commission approved Resolution No. R-04-0794 for a Major Use Special Permit for
the development of the Capiro Property with a fifteen (15) story, mixed use structure consisting
of 328 multifamily residential units, 10,000 square feet of Retail Use, outdoor dining, and 543
parking spaces (the "Capiro MUSP"). A copy of the Capiro MUSP and Resolution No. R-04-
0794 is attached hereto as composite Exhibit "B".
The City's Planning and Zoning Department recommended approval of the Capiro
MUSP and development. Furthermore, the City's Urban Development Review Board (UDRB),
Planning Board and Miami City Commission approved the large scale development project
finding it to be consistent with the Capiro Property and compatible with development in the
immediate vicinity. Please note that the project approved by the Capiro MUSP was never
completed.
As depicted in the Capiro MUSP site plan, attached hereto as Exlvbit "C", the City also
approved a five (5) story parking structure at the rear of the site, encompassing the Subject
Property. The parking structure also included three (3) story townhomes along the frontages at
SW 3 Street and SW 4 Street. The design of the project approved by the Capiro MUSP (such as
height, FAR, uses and other development standards) at the Subject Property is also consistent
with many of the development standards of the proposed T5-O Transect Zone designation under
Miami 21. Accordingly, development of the Subject Property pursuant to the T5-O standards is
consistent with the scale, character and uses previously deemed appropriate for this site.
ANALYSIS OF REQUEST FOR REZONING
Per Miami 21, the current zoning for the Subject Property is T4-L. The Applicant
requests to rezone the Subject Property from T4-L to T5-O pursuant to the successional zoning
requirements of Section 7.1.2.8 of Miami 21. Section 7.1.2.8(c)(1) of Miami 21 permits the
rezoning of property when the property is being rezoned as an extension of an existing Transect
boundary. This application proposes the extension of the existing T5-O Transect boundary line
located adjacent and east of the Subject Property. As noted previously, the existing T5-O transect
zone encompasses the Assemblage Properties. Please see Image 2 below. For the reasons
outlined below, the proposed rezoning is consistent and appropriate for the Subject Property and
should be approved.
4
MIA 185364586v1
1.
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
Image 2
The proposed rezoning is appropriate to bring the Subject Property
further into compliance with it's underlying Future Land Use Map
Designation.
The Correspondence Table of the Miami Comprehensive Neighborhood Plan provides
the equivalency table for Miami 21 Transect Zones and FLUM designations. Pursuant to the
Correspondence Table of the Miami Comprehensive Neighborhood Plan, the MDRC FLUM
designation is intended for development as T5-O or T5-L. Accordingly, the proposed zoning
change is appropriate to correct the inconsistency between the Subject Property's land use and
zoning designations.
2. An analysis of the development and use pattern for the immediate vicinity
of the Subject Property supports the proposed rezoning to T5-O.
The Applicant proposes the redevelopment of the unified Subject Property and
Assemblage Properties. The proposed redevelopment of the Capiro Property will bring the
unified site more into compliance with Miami 21 by meeting the goals of the zoning ordinance
including but not limited to: the activation of frontages, creation of habitable liners, and
promotion of pedestrian friendly areas.
SW 12th Avenue is classified as a Minor Arterial Roadway per Map TR-2 of the City's
Comprehensive Neighborhood Master Plan, attached hereto as Exhibit"D." SW 12th Avenue is
a major thoroughfare consisting of mainly commercial, retail, food service establishments and
multifamily residential uses including accessory parking facilities. The Subject Property is
located a quarter mile from the intersection of SW 12th Avenue and SW 8th Street (also known as
Calle Ocho). SW 8th Street is a Major Thoroughfare which connects from Biscayne Bay on the
5
MIA 185364586v1
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
East to the Palmetto Expressway on the West. SW 8th Street traverses the entire City of Miami
city limit.
This analysis considers the immediate surrounding properties and area including those
sites that front onto SW 12th Avenue in the same manner as which the Capiro Property does. For
example, please see the following sites as located within the immediate area of the Subject
Property and their current uses:
• The property located at 1253 SW 4 Street, abutting the Subject Property on the West,
consists of vacant and underutilized land. See Image 3 below.
Image 3
• The property located at 1248 SW 3 Street, abutting the Subject Property on the West,
consists of a two (2) story, multifamily residential structure with four (4) dwelling units
with accessory surface parking. See Image 4 below.
Image 4
• The property located at 420 SW 12 Avenue, located across SW 4th Street from the
Subject Property, to the East, contains a multifamily residential structure with twelve
(12) floors and seventy-two (72) dwelling units. This property also contains a multi-
story onsite parking garage. See Image 5 below.
6
MIA 185364586v1
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
Image 5
As depicted above, the Subject Property abuts and is surrounded by multi story
commercial, retail, and multifamily residential uses with parking facilities located onsite.
Additionally, these properties contain access points not only from SW 12 Avenue but also
through residential side streets at SW 3 Street and SW 4 Street. The various commercial sites
located in the immediate areas surrounding the Subject Property front SW 12th Avenue with
parking garages that abut residential neighborhoods, and are similarly situated to the Subject
Property. The proposed rezoning of the Subject Property to permit a unified development of the
Capiro Property is consistent with the development and land use patterns of the immediate
vicinity.
3. The changing conditions and recent redevelopment in the immediate
vicinity of the Subject Property warrant the proposed rezoning to T5-O.
The proposed rezoning to the next intensity Transect Zone is being requested in order to
accommodate the unified development of the Capiro Property. The City's growth and evolution
over time have inevitably required changes to the existing zoning. With the rapid expansion and
development of Little Havana, the Health District, and the Orange Bowl District, SW 12th
Avenue has become the gateway and main access thoroughfare to these areas. The area's growth
as a gateway to Little Havana, the Health District, and the Orange Bowl District is reflected in
the City's implementation of the Little Havana Trolley with stops at the intersections of SW 12th
Avenue and Flagler Street, and, SW 12th Avenue and SW 8th Street. As a result, alternatives to
vehicles, accessibility and affordable transit options have increased for residents, business
owners and visitors to the area. As such, any development under Miami 21 will incorporate the
increased nearby transit opportunities in order to promote walkability in conformance with the
principles of Miami 21.
The rapid growth of the surrounding area supports and demands the zoning change to a
higher transect zone designation while maintaining the residential and low scale character of the
T5 transect zone as a transition zone. The character of the SW 12th Avenue corridor and
surrounding areas has evolved to consist of more liberal commercial uses and higher scale
multifamily residential uses which has served as a catalyst in the revitalization of the area and
stimulated economic growth and jobs in the Little Havana and surrounding neighborhoods.
7
MIA 185364586v1
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
Additionally, the area provides affordable and workforce multi -family housing options to
thousands of residents employed by the proximate Calle Ocho District and Health District.
4. The proposed rezoning will permit a cohesive and unified at the property
in accordance with the guiding principles of Miami 21
The Subject Property's existing T4-L zoning designation permits building floor areas
containing Office / Commercial Uses at less than 50% and limits Commercial Uses to a
maximum floor area of 4,000 sq. ft. The proposed rezoning to T5-O will permit a cohesive and
unified development at the Capiro Property consistent with the character, scale and uses
authorized by the Subject Property's MDRC land use designation under the Comprehensive
Plan. Additionally, the proposed rezoning is consistent with the development and land use
patterns along the SW 12 Avenue corridor by permitting additional Commercial and Office Uses
at the Subject Property.
CONCLUSION
In light of the foregoing, the proposed rezoning of the Subject Property, pursuant to the
rezoning Application to T5-O is appropriate due to the location of the site in a commercial area,
is consistent with the scale, character and uses located in the immediate vicinity, is compatible
with the established land use pattern in the area, and complements the SW 12th Avenue corridor,
a major Thoroughfare consisting of mainly commercial, retail, and multifamily uses. The
rezoning to T5-O will allow redevelopment to meet the intent and goals of Miami 21, through
development standards including required retail frontages, habitable liners, pedestrian friendly
development, active facades, etc. improving the property and neighborhood overall. The Miami
City Commission previously approved the Capiro Tower MUSP, which permitted development
at the Subject Property consistent with the many of the standards of the proposed T5-O Transect
Zone. The Correspondence Table in the Miami Comprehensive Neighborhood Plan further
supports the rezoning of the Subject Property to T5-O for consistency with the underlying land
use designation and effectuates the City's vision for future development of the site and
immediate area.
Pursuant to Article 7.1.2.8(c) (2) (g) of Miami 21, the general planning principles and
goals and objectives of the City's Comprehensive Plan find that the proposed rezoning of the
Subject Property is in conformity with the Comprehensive Plan, the established land use pattern
for the adjacent properties in the area, and in scale with the needs of the neighborhood. The
above analysis supports the Applicant's proposed Rezoning as consistent with Miami 21's intent
and the zoning and comprehensive plan designations for the adjoining properties and
neighborhood.
8
MIA 185364586v1
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
Enclosed please find the Rezoning Application, a check payable to the City for the
associated filing fees for this application, and a survey of the Subject Property in connection with
this submittal. If you require any additional information or would like to discuss further this
request, please contact me at 305-579-0578. Thank you for your attention to and favorable
consideration of this matter.
Enclosures
9
Carlos R. Lago
MIA 185364586v1
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
Comprehensive flan Objectives and Policies Furthered by Rezoning
• Policy LU-1.1.1: Development orders authorizing new development or redevelopment
that results in an increase in the density or intensity of land use shall be contingent upon
the availability of public facilities that meet or exceed the minimum LOS standards
adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water,
parks and recreation, and transportation facilities. The public services and facilities
provided to meet concurrency requirements shall be consistent with the Capital
Improvements Element, or guaranteed in an enforceable agreement. The public services
and facilities will include public schools when the Miami -Dade County School Board
and local governments in the county implement school concurrency pursuant to
paragraph 163.3177(12)(i), F.S.
• Policy LU-1.1.2: The City's Planning Department, with the assistance of various City
departments and agencies, will (1) continuously monitor land development activities to
ensure compliance with the adopted 2020 Future Land Use Map (contained in Appendix
LU-1 of the MCNP including FLUM, Wellfield Protection Area, Wetlands and General
Soils maps as amended from time to time) and the goals, objectives, and policies of the
Future Land Use element of the MCNP; (2) monitor all proposed amendments to land
development regulations to ensure consistency with the MCNP and will forward its
recommendation on such amendments to the Planning Advisory Board and to the City
Commission; (3) continuously monitor the current and projected LOS standards
provided by public facilities; and (4) will perform the required concurrency review of
proposed development, as required by Florida Statutes and administrative rules.
• Policy LU-1.1.7: Land development regulations and policies will allow for the
development and redevelopment of well -designed mixed -use neighborhoods that
provide for the full range of residential, office, live/work spaces, neighborhood retail,
and community facilities in a walkable area and that are amenable to a variety of
transportation modes, including pedestrianism, bicycles, automobiles, and mass transit.
• Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and
revitalization of blighted, declining or threatened residential, commercial and industrial
areas through a variety of public, private, and public -private redevelopment initiatives
and revitalization programs including, where appropriate, historic designations.
• Objective LU-1.3: The City will continue to encourage commercial, office and
industrial development within existing commercial, office and industrial areas; increase
the utilization and enhance the physical character and appearance of existing buildings;
encourage the development of well -designed, mixed -use neighborhoods that provide for
a variety of uses within a walkable area in accordance with neighborhood design and
development standards adopted as a result of the amendments to the City's land
development regulations and other initiatives; and concentrate new commercial and
industrial activity in areas where the capacity of existing public facilities can meet or
exceed the minimum standards for Level of Service (LOS) adopted in the Capital
Improvement Element (CIE).
10
MIA 185364586v1
Letter of Intent for Submittal of Application for Rezoning
1247 SW 4 Street and 1244 SW 3 Street, Miami, Florida
• Policy LU-1.3.15: The City will continue to encourage a development pattern that
enhances existing neighborhoods by developing a balanced mix of uses including areas
for employment, shopping, housing, and recreation in close proximity to each other.
• Objective LU-1.6: Regulate the development or redevelopment of real property within
the city to insure consistency with the goals, objectives and policies of the
Comprehensive Plan.
• Policy LU-1.6.1: The City hereby adopts the 2020 Future Land Use Map, referenced
and contained in Appendix LU-1 of the MCNP. The "Interpretation of the Future Land
Use Map" section of this element, which follows these land use goals, objectives and
policies, establishes the activities and facilities allowed within each land use category
appearing on the adopted 2020 Future Land Use Map, and the City's land development
regulations shall be consistent with the 2020 Future Land Use Map.
• Policy LU-1.6.3: The City's Planning Department shall review all proposals to amend
the City's Zoning Ordinance and any other land development regulations, and shall
report as to the consistency between any proposed amendment and the MCNP, to the
Planning Advisory Board, the City's "local planning agency," which will then forward
its recommendation to the City Commission for approval and adoption.
11
MIA 185364586v1
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City of Miami
Certified Copy
1111111111111111111111II10111110111011111 IIBI
CFN 2005R006O i 6 i
OR Bk 2301.0 hi, 2458 - 2475; (18p s s i
RECORDED 01/19/2005 15:17:40
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE CDUHTYr FLORIDA
EXHIBIT "B"
File Number: 04-01280 Enactment Number: R-04-0794
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH
CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF
ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, FOR THE CAPIRO TOWER PROJECT TO BE LOCATED AT APPROXIMATELY
300 SOUTHWEST 12TH AVENUE; 1220 & 1244 SOUTHWEST 3RD STREET; AND 1217, 1229 &
1247 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A
MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 328 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 10,000 SQUARE
FEET OF RETAIL SPACE, AND APPROXIMATELY 543 TOTAL PARKING SPACES; PROVIDING
FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES SPECIFIED IN EXHIBIT "C"; DIRECTING
TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on October 7, 2004, Gloria M. Velazquez, on behalf of KBFG, LLC contract
purchaser and Enda Investment, Pafer, Inc. and Repatier International (referred to as "APPLICANT'),
submitted a complete Application for Major Use Special Permit for the Capiro Tower (referred to as "
PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the property
located at approximately 300 SW 12th Avenue; 1220 & 1244 SW 3rd Street; and 1217, 1229 & 1247
SW 4th Street, Miami, Florida, as legally described in "Exhibit B", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, a development bonus to permit 45,419.1 square feet of floor area to be paid to the
Affordable Housing Trust Fund at an amount of $12.40 per square foot = $563,196.84 is properly
applied; and
WHEREAS, the Large Scale Development Committee met on August 31, 2004 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Design Review Board met on September 15, 2004, to consider the
proposed project and recommended approval with conditions as specified in the Development Order;
and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 3, 2004 Item No.
3, following an advertised public hearing, adopted Resolution No. PAB 126-04 by a vote of seven to
zero (7-0), RECOMMENDING APPROVAL with conditions of the Major Use Special Permit
Development Order as attached and incorporated; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare
CIO. of M1am1 Page 1 of 4 R•04-0794
Pile Number: 04-01280
Enactment Number: R-04-0794
i' of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, attached and incorporated as "Exhibit
A", is approved subject to the conditions specified in the Development Order, per Article 17 of Zoning
Ordinance No. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 300
SW 12th Avenue; 1220 & 1244 SW 3rd Street; and 1217, 1229 & 1247 SW 4th Street, Miami, Florida,
more particularly described on "Exhibit B," attached and incorporated. The PROJECT includes the
Floor Area Ratio ("FAR") Bonuses specified in "Exhibit C."
Section 3. The PROJECT is approved for the construction of approximately 150-foot, 15-story high
mixed use structure to be comprised of approximately 328 total multifamily residential units with
recreational amenities, approximately 10,000 square feet of retail space, and approximately 543 total
parking spaces.
Section 4. The Major Use Special Permit Application for the Project also encompasses the lower
ranking Special Permits as set forth in the Development Order ("Exhibit A").
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
b. The PROJECT is in accord with the SD-14 "Latin Quarter Commercial -Residential" and SD-
14.1 "Latin Quarter Residential" Zoning classifications of Zoning Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site
plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage,
preservation of natural features and control of potentially adverse effects generally, have been
considered and will be further considered administratively during the process of issuing a building
permit and a certificate of occupancy.
d. The PROJECT is expected to cost approximately $79,576,681, and to employ approximately
155 workers during construction (FT'E-Full Time Employees); the PROJECT will also result In the
creation of approximately 20 permanent new Jobs. The PROJECT will generate approximately
$411,555 annually in tax revenues to the City (2004 dollars).
e. The City Commission further finds that
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentlaicy adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing reasonably
accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be served by
the PROJECT; and
City gfMiami Page 2 of4 R-04.0794
F, lle Number: 04-01280
Enactment Number: R-04-0794
P'1 (10) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Major Use Special Permit.
Section 8. The Major Use Special Permit, as approved and amended, shall be binding upon the
APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was submitted on October 7, 2004,
and on file with the Department of Planning and Zoning of the City of Miami, Florida, shall be relied
upon generally for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Director of the Department of Planning and
Zoning to transmit a copy of this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as
described in the Development Order ("Exhibit A") for the PROJECT, attached and incorporated.
Section 10. The Major Use Special Permit Development Order for the PROJECT ("Exhibit A") is
granted and issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
("Exhibit A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent
jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or
Development Order ("Exhibit A") which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. (1}
Date: DECEMBER 9.2004
Mover: COMMISSIONER REGALADO
Seconder: VICE CHAIRMAN GONZALEZ
Vote: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND
ALLEN
Action: ADOPTED
Date: DECEMBER 11.2004
Action: SIGNED BY THE MAYOR
Crry of Miami
Page 3 0'4 R-04-0794
File Number: 04-01280
Enactment Number: R-04-0794
I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-04-0794, with
attachments, passed by the City Commission on 12/9/2004.
eputy Clerk,jfo
January 12, 2005
on, City Clerk) Date Certified
e. r 4,,
{1) If the Ma"&Joss not sign this Resolution, it shall become effective at the end of ten calendar days
from the date Winos passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
CYn Altana
Page auf4
R-04-0794
"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE CAPIRO TOWER
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, .9, 13 and 17 of Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the
Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a
Major Use Special Permit for the Caplro Tower Project (hereinafter referred to as the
"PROJECT") to be located at approximately 300 SW 12th Avenue; 1220 & 1244 SW 3rd Street;
and 1217, 1229 & 1247 SW 4th Street, Miami, Florida (see legal description on "Exhibit B",
attached and incorporated), is subject to any dedications, limitations, restrictions, reservations
or easements of record.
After due consideration of the recommendations of the Planning Advisory Board and
after due consideration of the consistency of this proposed development with the Miami
Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and
subject to the following conditions approves the Major Use Special Permit and issues this
Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately
300 SW 12th Avenue; 1220 & 1244 SW 3rd Street; and 1217, 1229 & 1247 SW 4th Street,
Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.65± acres and
a net lot area of approximately 1.98* acres of land (more specifically described on "Exhibit 8",
incorporated herein by reference). The remainder of the PROJECTS Data Sheet is attached
and incorporated as "Exhibit C.
The proposed PROJECT will be comprised of a 150-foot, 15-story mixed use structure
to be comprised of approximately 328 total multifamily residential units with recreational
amenities, approximately 10,000 square feet of retail space, and approximately 543 total
parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
MUSP, per Article 17, Section 1701, to permit residential in excess of two hundred (200)
dwelling units, with proposed 328 units;
MUSP, as per Article 17 for development to provide parking in excess of 500 spaces or
more with proposed 543 parking spaces;
MUSP, as per Article 9, Section 914, a development bonus of 45,419.1 square feet of
additional floor area, and to pay into the Affordable Housing Trust Fund an amount of
$12.40 per square foot = $563,196.84;
MUSP, as per Article 5, Section 502, PUD District, to increase the floor area by twenty
percent for a total of 36,355.28 sq ft of bonus;
As per 614.3.5.2, Allowable increase in floor area in SD-14 at pedestrian -oriented
streets
1. Pedestrian open space 39,198 sq. feet
2. Mixed use buildings 10,000 sq. feet
3. Theaters restaurant, museums at ground level 29,398.5 sq feet
CLASS II SPECIAL PERMIT, as per Article 6, Section 614.3.1 to permit new
construction in the SD-14 and SD-14.1 Districts;
Page A-2 of 9
fo1
/'*
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating
areas;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a request to
reduce two loading spaces from 12 x 35 to four 10 x 20;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of City
of Miami Parking Guides and Standards for reduction of required backup space for
parking.
Required 23 feet
Proposed 22 feet
Request to waive one foot
CLASS II SPECIAL PERMIT, as per Article 6, Section 614, for temporary construction
fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of City
of Miami Parking Guides and Standards for reduction of the required extra one (1) foot
where a side of a parking stall abuts a wall;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event
namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of
construction during construction;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1.2, to allow a temporary
sales office trailer;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction
trailer and watchman's quarters;
Page A-3 of 9
REQUEST for applicable MUSP conditions to be required at the time of shell pemnit
instead of at issuance of foundation permit;
Note: Designation as a phased development pursuant to Section 2502 of Ordinance No.
11000.
REQUEST that the following MUSP conditions be required at the time of Temporary Certificate
of Occupancy or Final Certificate of Occupancy instead of at the issuance of foundation permit:
a. The requirement to provide a letter of assurance for the Solid Waste Department; and
b. The requirement to record in the Public Records a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association; and
c. The requirement to record in the Public Records a unity of title or covenant in lieu of
unity of title.
Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested
Major Use Special Permit shall be considered sufficient for the subordinate permits requested
and referenced above as well as any other special approvals required by the City which may be
required to carry out the requested plans.
The PROJECT shall be constructed substantially In accordance with plans and design
schematics on file prepared by Behar Font & Partners, dated September 15, 2004; the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Behar Font & Partners, dated September 15, 2004; said design
Page A-4 of 9
and landscape plans may be permitted to be modified only to the extent necessary to comply
with the conditions for approval imposed herein; all modifications shall be subject to the review
and approval of the Director of the Department of Planning and Zoning prior to the issuance of
any building permits; and*
The PROJECT conforms to the requirements of the SD-14 "Latin Quarter Commercial -
Residential" and SD-14.1 "Latin Quarter Residential" Zoning classifications, as contained in the
Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The
existing comprehensive plan future land use designation on the subject property allows the
proposed uses.
CONDITIQNS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY
WITH THE FOLLOWING:
1. Meet all applicable building codes, land development regulations, ordinances and
other laws and pay all applicable fees due prior to the issuance of a building permit
including the required Affordable Housing Trust fund contribution of $12.40 per square
foot for any applicable FAR increase sought under those provisions.
2. Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and
systems; further submit a report to the Department of Planning and Zoning, prior to
commencement of construction, demonstrating how the Police Department
recommendations, if any, have been incorporated Into the PROJECT security and
construction plans, or demonstrate to the Director of the Department of Planning and
Zoning why such recommendations are impractical.
Page A-5 of 9
3. Obtain approval from, or provide a letter from the Department of Fire -Rescue
indicating APPLICANTS coordination with members of the Fire Plan Review Section
at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner
responsibility, building development process and review procedures, as well as
specific requirements for fire protection and life safety systems, exiting, vehicular
access and water supply.
4. Obtain approval from, or provide a letter of assurance from the Department of Solid
Waste that the PROJECT has addressed all concerns of the said Department prior to
the obtainment of a shell permit.
5. Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the
Application for Development Approval, with the understanding that the APPLICANT
must use its best efforts to follow the provisions of the City's Minority/Women
Business Affairs and Procurement Program as a guide.
6. Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a
mandatory property owner association in perpetuity.
7. Prior to the issuance of a shell permit, provide the City with a recorded copy of the
MUSP permit resolution and development order, and further, an executed, recordable
unity of title or covenant in lieu of unity of title agreement for the subject property; said
agreement shall be subject to the review and approval of the City Attomey's Office.
8. Provide the Department of Planning and Zoning with a temporary construction plan
that includes the following: a temporary construction parking plan, with an
enforcement policy; a construction noise management plan with an enforcement
Page A-6 of 9
policy; and a maintenance plan for the temporary construction site; said plan shall be
subject to the review and approval by the Department of Planning and Zoning prior to
the issuance of any building permits and shall be enforced during construction activity.
All construction activity shall remain in full compliance with the provisions of the
submitted construction plan; failure to comply may lead to a suspension or revocation
of this Major Use Special Permit.
9. In so far as this Major Use Special Permit includes the subordinate approval of a
series of Class I Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Department of Planning and
Zoning with all subordinate Class I Special Permit plans and detailed requirements for
final review and approval of each one prior to the issuance of any of the subordinate
approvals required in order to carry out any of the requested activities and/or
improvements listed in this development order or captioned In the plans approved by
it.
10. If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying
future phases of this Project in the event that the future phases are not developed,
said plan shall include a proposed timetable and shall be subject to review and
approval by the Director of Planning and Zoning.
11. Pursuant to the review of the Design Review Committee, the applicant shall meet the
following conditions: (a) applicant shall submit a landscape plan that specifies the
species (common and botanical names), sizes (height x spread and/or container size)
at time of planting, quantities, and proposed locations of all plant materials, existing
and proposed. The landscape plan shall include planting details and planting
specifications; (b) applicant shall provide a continuous canopy of shade trees to
provide shade for pedestrians along all three streets in the proposal. These shade
Page A-7of9
trees shall be aligned close to the edge of the curb in the public right of way (at no
greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic.
Palm trees may be utilized periodically as an architectural accent to the architecture of
the building; and (c) the applicant shall provide a layering of landscape as a buffer
between the garage and the westem property line of the site.
12. A development bonus to permit a mixed use of 45,419.1 square feet of floor area will
require payment to the Affordable Housing Trust Fund of an amount of $12.40 per
square foot = $563,196.84.
13. Pursuant to the review of the UDRB Resolution 9-15-04-4, the applicant shall meet the
following conditions: (a) The screen shielding the vehicles from the pool area needs to
have some depth to it, otherwise, the vehicles will be visible; (b) Within the 20-foot
setback in the rear, include groundcover and landscape that buffers 10 to 15 feet, and
the trees provided in the plan would buffer the remaining 15 feet and up.
14. Within 90 days of the effective date of this Development Order, record a certified copy
of the Development Order specifying that the Development Order runs with the land
and is binding on the Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
of its issuance; the issuance date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT. proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the
Page A-8 of 9
10" 1
/^1
City of Miami, and complies with local land development regulations and further, pursuant to
Section 1703 of the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) . the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources
of the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Major Use Special Permit.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of potentially adverse effects generally have
been considered and will be further considered administratively during the process of issuing
individual building permits and certificates of occupancy.
Page A-9 of 9
Legal Description:
Or
EXHIBIT "B"
Lots 1, 2, 3, 20, 19 and 18, Leas the East 10.50'
thereof And Lots 4, 5, 16 And 17, Block 90,
LAY'RENCl3 ESTATES LAND CO.'S SUBDIVISION
According to th.e Plat Thereof, as recorded in Plat
Book 2, at_Page 46, of the Public Records of —
Miarni—Dade County, Florida.
EXHIBIT "C"
LEGAL DESCRIPTION
.LEGAL DESCEpT!otJ1
LOTS 1, 2, 3,40.6. AND I.OT$ 5,16,11,15,19,20 BLOCK 9¢.'LA![TRENGE EBTA1E8 5UBDIv1610N".
ACCORDING TO THE PLAT TNEREOF AA13 RECOFIDED IN PLAT BOOK 2 AT PAGE 46 OF
THE PUBLIC RECORDS, OF C1TY pF MIAMI, DACVE COUNTY, FLORIDA.
PROPERTY ADDRESS: -300 61. U 12 Avg!, MIAMI, FLORIDA 3303
ZONING INPORIATIcN
PROJECT NAME,
PROPERTY ADDRESS'
ZONING:
NET LOT AREA:
LOT AREA.
CAPIRO TOWER
300 91U Elh AVE
1I2-I4 / SD-14.1
60-14 8D-14.1 TOTAL NET LOT AREA
lir1100 6Q FL trogroo.00 50 FT. 86A1100 80 Ft
(L 43 ACRES : C044 ACC ) (L8818 AG1886
6D-14
91,986,00 80 F.
WO AC1R86 )
812-14.1 TOTAL GROSS LOT AREA
11)30000 50 PT. ' 118e488,00 60 PT.
(AO ACRES) (L,681 ACRES )
D�T�r: uLa�D
20 W liT1 PER AGIi A$
PER 8D-14 . 110m X Ib4 32ah2 UNIT*
89 t IT8 PEP! ACRE. AS
PER SD.14,1 66 X 034 773E UNITE
TOTAL UNITS 35I UNITS
T
PROVIDED
3r 2%NT8
6 18111E
328 UNITS
BUILDING AREA . FAIL
MAXIMUM PAR. UATt1
Br 515E6
AS PER 6D-14. SECTION 614. 3. 5. 2.
I. M4XIM IM PAR.:
A PAR 8D44
GROSS LOT AREA X Ili
B. PAR 6D.14)
011099 LOT AREA X .63
2. PUMP 23ttr
A SP-14
PAR k 25
0. 8D-14.1
PAR X26
9. PJJD 20$:
A.80-14
PAR X 20
B. ED-14.t
PAR X 20 '
09199500 X 1.12)
fn»o.00 X .151
f168,551A0 X 251
(13)21. 0 X 22)
(16B95L40 X 20)
f 13,,Ub•sO X 2o)
4. PEPE$TRIA N OPEN SPACE.
Fp. ovary ac3uers FOOL Or pedsatrlan open .Bars th•t s
bwflding rxeev+stas ova, thy rgcitnrod Amentnt or IrncesatrIon
Open .pass tine floor area shall be Inrroaead lay two (2)
square reel for any peraaIttoot visa not to exceed a
a+axlnlum fow•lontt,s f0,4) Limn the woes lot area.
AL 20.0,VOIDE, X 12) • 40,000110
D. 21,895.00 X MA/ • 39.122.00
6 MIXED USE BUILDIte
For avow aware root or Um re.ldm,Llal rimer Oral that 4
aathb, (fan of r.ildantlel And norre.Tdontlal buildingg
pronrtais}, Ito floor area shall bat Inarea■srd lay ors (1)
square foot or nonresidential tees. The b+sr■a.a *halt not
exceed a ageentan of .ix -tenon. f0.6) Mee the gross lot
O m.
A. 1024,000 X (15Q PT) • 10.0001)0
O. 51,9ebm0 X MMb) • 58,191m0
6. TWEATERS RESTAURANTS, t U401,12, AFiT eiALLER1E6
AMND 6I11ILAR CULTURAL U8ES AT d*RRUND LEVEL:
For each ono ?Pupate toot that a founding Isrovtdua Ter
AN or Voss t►ea, the floor iron *MD ba lnereta.ird 1rAy Text
3mums feet- MO lJ e-toPths f� tshee the gross lot gee.a maKlnum
or
At 1.320.00 X (4 50. PT.) • 28r40Dr00
[1150 er sailors' or resIauronta
B. 21.995,00 X (09) • 2e,3T0360
TOTAL
.9.4011/0/6021P97 PROVIDED
168$51.40 60. PT.
IS.125090, 50. PT.
42.151.83 BCC. PT.
328123 80. PT.
33. I028 s0. FT.
2Ad25Z0 SO. PT.
39Is&o0 6G . PT.
I®OINP. 0 8Q L°T
2998 °ram 8CL PT.
343.402128 80. pr.
33106326 8O. FT.
r
tom.
W LDS2 AREA PARR
tL (61Oo16&Nam)
1L MOM ( OfterB(T)
>L Leman ( mammas)
1.?TPIGY. MLo{7R -'IImeMWTIAL
( Lam. Thee! TRW W,)
A Wax mars*
e LityiL w VOW Sege
4 MAU.
.5111,420
FRONT a OIh AVININ amid.
es-
6aDE ( Dral OTR!!T) Arcade
4416004
6ID@ (1fh OTA88f) Arcade
9.Idgg
Male
VW* ea Pt
MAX ea PT.
9&114 eQ P1
#7 10s lL
X 14 • alarm eoPT.
eAeO� ea. P .
1K I • 10100, as"
IROPOso MIL
mews. Sa Pr.
OUILDDVG COVERAGE
Plpy�
Wu 064 X 111,441p•
10e0 UM TWE 6RDOO AReA)
411 10114* 6Q PT.
WSW 00L PT.
eD-W Dap X 11A004100
(m are TOW TM /14010 A11E4)
'f 2IP ea PT.
11v1A0410 ea F
6a.1111.411P e(i. Pr.
6pr4J J1 en Pr
Parma
art MI
t lrl4. (LEv!t.B ilb)
1 P4* PG ePAC@6R DR LOOTS
• 1 PAWIN611PAI31M 1#1% *CO
+ I PAPI 441 OP Acw MN kyle
▪ vilITORI (NM Wes)
• I PA M° uPAc l4O0'OPT
rwg0+00 00. Pr# WO • IV
TOTAL WHIM OP PIECIIIND PAIICENS SPACES
TOFAL MC PAI0316 IN LOT
O21 Ph % 34
•
fhb x !• ?bs
Mb >R 1. 106
6e17. J
7b3
Ibi
b0
1143
1
•
b0
4a
n
L01DDIS SPACES
LOAD@16 OPACa IV MW0
A
•
411bn)
•
S (Dx3 )
4 Gold,)
r ,
OR BK 23010 PG 2475
LAST PAGE
City of Miami
Master Report
Enactment Number: R-04-0794
City Hall
3500 Pan American Drive
Miami, FL 33133
www.cl.mlaml.fl.us
File Number 04-01280
File Type: Resolution
Version: 1 Reference:
File Name: Major Use Special Permit - Capiro Tower
Requester. Cost:
Status: Passed
Controlling Body: Office of the Clerk
Introduced: 11/8/2004
Final Action: 12/9/2004
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING
WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND
17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, FOR THE CAPIRO TOWER PROJECT TO BE LOCATED AT
APPROXIMATELY 300 SOUTHWEST 12TH AVENUE; 1220 & 1244 SOUTHWEST 3RD STREET;
AND 1217, 1229 & 1247 SOUTHWEST4TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A
MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 328 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY
10,000 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 543 TOTAL PARKING
SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES SPECIFIED IN
EXHIBIT "C"; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Sponsors:
Notes:
Indexes:
Attachments: 04-01280 Exhibit A.PDF,04-01280 Exhibit B.PDF,04-01280 Exhibit C.PDF,04-01280 Legislation.PDF,
04-01280 Plans.PDF,04-01280 Application & Supp Docs.PDF,04-0 I 280 PAB Reso.PDF,04-01280
School Board Comments.PDF,04-01280 UDRB Reso.PDF,04-01280 URS Comments.PDF,04-01280
Public Works Comments.PDF,04-01280 Parks & Recreation Comments.PDF,04.01280 Miami -Dade
Water & Sewer Comments.PDF,04-01280 People's Gas Comments.PDF,04-01280 Solid Waste
Comments.PDF,04-01280 Pm -Application Comments.PDF,04-01280 Analysis.PDF,04-01280 Fact Sheet.
pdf,04-01280 Aerial Map.pdf,04-01280 Zoning Map.pdf,
History of Legislative File
Version: Acting Body:
Date: Action: Sent To: Due Date: Return Date: Result:
1 Law Department 1 1/22/2004 Reviewed and
Approved
1 City Commission 12/9/2004 ADOPTED
1 Mayor's Office 12/ 11 /2004 Signed by the Mayor Office oldie Clerk
1 Office of the Clerk 12/22/2004 Signed and Attested
by City Clerk
/�
Pass
C/ry of Miami Page 1 Prl+rtcd on 1112/2005
1
1
1
1
AMEND,
LMS —
Frimr
A.1
CmIMO—.
nitro DT.
4~1.7
417111,f'll
• ----L •-• lr
r I
I
ro.P•tai4
moo.
btu :1").1 61'
• :OIL. L!•1
1 MP ,Htll
nht
bl
I.
PROPOSED MULTIFAMILY numniNo
CAPIRO TOWER
MIAMI, FLORIDA
11
;liar
.41.k.
2=74
r
11==OMIIMe!I ll=1111
IllftizMIMMIA:=11/ZM
IMCIACIAM
=Irr-,11!
By: =41
Xozr.,
`7:111
EXHIDIT "C"
tTi
• ma. Y{r[a
1� w
CITY OF MIAMI
Map TR-2
Major Ttuougltfax a byFu ctioni1
Claaeification (2004)
LEGEND
N Principal Arterial literati to - Urban
N Principal Arteial Freewn yz k
11xprelanlya- Minn
A/ Oilier Pnloclpal Arterial- Urban
Minor Arterial -Urban
A% Collec<ns - Urban
Local- Urban
City of Miami Boundary
n IMianitti ade County Polio
Y • l 'a a Ye
Mularimada
Local Ronda
=I Water
CORRADINO
GROUP