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HomeMy WebLinkAboutAnalysis and MapsCity of Miami Planning Department ANALYSIS FOR SPECIAL APPEARANCE Staff Analysis Report No. PZ-25-19370 Location 3850 South Dixie Highway Folio Number 0141200000060 Miami 21 Transect "T4-O, General Urban Zone; "T5-O," Urban Center Transect Zone -Open; "T6-8-O," Urban Core Transect Zone — Open; "NCD-2," Village West Island and Charles Avenue Conservation District MCNP Designation General Commercial; Medium Density Restricted Commercial Commission District District 2, City Commissioner Damian Pardo Commissioner District Office Coconut Grove Planner Mawusi Khadija Watson, Interim Chief of Land Development mwatson@miamigov.com Property Owner European Automotive LLC Project Representative Ethan Wasserman, Esquire, wassermane@gtlaw.com A. REQUEST Ethan Wasserman, Esquire on behalf of 908 Group Holdings LLC (the "Applicant"), the contract purchaser of the property at 380 South Dixie Highway (the "Property"), requests a Special Appearance for the release of Restrictive Covenants voluntarily proffered that among other things restricted the building height of the property to three (3) stories along a limited portion of the Southern boundary of the Property and access to the Property from Day Avenue. B. RECOMMENDATION The Planning Department recommends that the Applicant's request to release the Amended Restrictive Covenant be Approved based on the facts and staff findings. C. PROJECT DATA The Property spans four (4) zoning designations under the Miami 21 Code (the "Code"): "T4-O," General Urban Transect — Open, "T5-O," Urban Center Transect — Open, "T6-8-O," Urban Core Staff Analysis Report No. (PZ-25-19370): 3850 S Dixie Hwy -Special Appearance) — Page 1 of 8 5/7/2025 Transect — Open, and "NCD-2," Village West Island and Charles Avenue Conservation District. The proposed covenant release will facilitate the development of a multi -family housing project that is thoughtfully designed to reflect and respond to this varied context, providing a calibrated transition in scale, intensity, and character —from the lower -density residential fabric of the "T4- 0," General Urban Transect — Open transect zone to the higher -density mixed -use and civic - oriented development envisioned in the "T6-8-O," Urban Core Transect — Open, while reinforcing the cultural and historic identity preserved under the NCD-2 overlay. Each zone supports a walkable urban pattern with wide sidewalks, consistent street tree plantings, and buildings close to the frontage to reinforce the public realm. The housing development will align with the intent of NCD-2 by supporting the district's revitalization goals by promoting context -sensitive infill development. The Property is located within both the "Medium Density Restricted Commercial" and "Restricted Commercial" designations on the Future Land Use Map of the Miami Comprehensive Neighborhood Plan (MCNP). These land use categories allow for a broad mix of residential, commercial, institutional, and transitory uses —including medium- and high -density multifamily housing, hotels, general office, clinics, libraries, schools, and places of worship —along with retail and service -oriented establishments that serve the daily needs of the surrounding community. The designations permit maximum floor lot ratios (FLR) of 6.0 and 7.0, respectively, with opportunities for additional intensity as allowed under applicable land development regulations and subject to the City's adopted concurrency requirements. Please refer to Figures 2 & 3 and Table 1. d),5 ?,5 .51 Fset Figure 1: Aerial view of subject Property outlined in red Staff Analysis Report No. (PZ-25-19370): 3850 S Dixie Hwy -Special Appearance) — Page 2 of 8 5/7/2025 Miami 21 Code MCNP / Density ("du") Existing Use North T6-12-0 Restricted Commercial Transit Station/Parking Lot South T3-O; T4-R Duplex Residential; Low Density Restricted Commercial Multi -Family Residential East T6-8-O;T4-O Medium Density Restricted Commercial; Restricted Commercial Mix -Use Development West T4-R; T6-12-0 Low Density Restricted Commercial; Restricted Commercial Multi -Family Residential Table 1: Abutting Properties and the associated Miami 21 Code Transect Zones, MCNP Future Land Use designations, and existing Uses. 75 150 300 Feet I Figure 2: MCNP Future Land Use Map Designations 0 75 150 300 Feet Figure 3: Miami 21 Zoning Transect Zones Staff Analysis Report No. (PZ-25-19370): 3850 S Dixie Hwy -Special Appearance) — Page 3 of 8 5/7/2025 BACKGROUND On October 22, 2009, the City Commission adopted the Code through Ordinance No. 13114. In conjunction with the Code's adoption, the City Commission also enacted Ordinance No. 10544, establishing a new Future Land Use Map consistent with the Miami 21 Atlas. On May 5, 2010, the Miami Planning Advisory Board held a duly advertised public hearing. It adopted Resolution No. 10-020, by a vote of five to three (5-3), recommending denial of an amendment to Ordinance No. 10544. At the same meeting, the Board adopted Resolution No. 10-020(a), also by a vote of five to three (5-3), recommending that the City Commission consider changing the land use designation of the subject property and four abutting lots to the west to "Medium Density Restricted Commercial" upon the adoption of the Code. The City Commission adopted Ordinance No. 13208 on September 23, 2010. On December 20, 2010, the Owner (the "Owner") entered into a Restrictive Covenant agreement with the City, as recorded in Official Records Book 27719, Page 1358 of the Public Records of Miami -Dade County, Florida (the "Covenant") The Applicant received site plan approval for The Nine at Miami, a 79-unit multifamily development, on October 19, 2023. The design provides a gradual shift in scale and intensity while supporting infill that aligns with the area's historic context and cultural significance. As the Applicant prepared to close on the Property and commence development, First American Title Insurance Company conducted an updated title search —consistent with its reviews over the past three years —revealing a restrictive covenant affecting a limited portion of the site. The covenant imposes constraints, including, among other things, a maximum building height of three (3) stories along the southern boundary and restrictions on access from Day Avenue. These restrictive covenants are no longer necessary and should be formally released. The Applicant has fulfilled all applicable regulatory requirements, including site plan approval, plat approval, street vacation, and a Waiver Final Decision (PZ-22-15483) from the City of Miami. The covenant's height limitation directly conflicts with the legally approved entitlements, creating an unnecessary and outdated barrier to the Property's lawful, context -sensitive development. Its release will eliminate this conflict and facilitate the implementation of a high -quality residential project that aligns with the City's planning objectives and supports the community's continued revitalization. Staff Analysis Report No. (PZ-25-19370): 3850 S Dixie Hwy -Special Appearance) — Page 4 of 8 5/7/2025 D. ANALYSIS The Applicant seeks a release from the Declaration of Restrictive Covenants proffered as part of their Zoning change and Land Use amendment for the property. More specifically, the requests is to remove the four (4) voluntary proffered restrictions which state: 1) installation of a concrete wall fronting Day Avenue, per Miami 21 guidelines; 2) A landscape buffer along Day Avenue, per Miami 21 guidelines; 3)There shall be no ingress or egress to or from the property from Day Avenue; and 4) irrespective of the T5-0 regulations no building on the property shall exceed 3 stories. E. FINDINGS • The Property is located within Miami 21 Code's "T4-O, General Urban Zone; "T5-O," Urban Center Transect Zone -Open; "T6-8-O," Urban Core Transect Zone — Open; "NOD- 2," Village West Island and Charles Avenue Conservation District and the MCNP's Future Land Use "General Commercial" and "Medium Density Restricted Commercial" designations. • The Property is approximately 40,366 square feet (0.93 acres) in size. Declaration of Restrictive Covenant of December 2010 • European Automotive LLC agreed to the following covenant restrictions: 1. Installation of a concrete wall fronting Day Avenue, per Miami 21 guidelines; 2. A landscape buffer along Day Avenue, per Miami 21 guidelines; 3. There shall be no ingress or egress to or from the Property from Day Avenue; and 4. Irrespective of the T5-O regulations, no building on the Property shall exceed 3 stories. F. COVENANT RELEASE COMMITTEE The Covenant Release Committee ("Committee") met on April 3, 2025, and reviewed the request to release this Covenant, refer to Attachment 1. G. CONCLUSION Based on the analysis herein and the recommendation from the Covenant Release Committee, the Planning Department recommends Approval with Conditions of the Amended Restrictive Covenant. H. CONDITIONS 1. Any modifications to this Amended Restrictive Covenant made by the Applicant, Owner, or Successor shall require City Commission approval through a separate Special Appearance application process. Staff Analysis Report No. (PZ-25-19370): 3850 S Dixie Hwy -Special Appearance) — Page 5 of 8 5/7/2025 2. The subject Property shall comply with all Building Code regulations and shall not have any open code violations. 3. The City reserves the right to inspect the site to ensure compliance with the conditions listed. 4. Failure to comply with the conditions herein may result in a citation with a daily running fine per condition violated or the revocation of City -issued building permits. 5. The Applicant is responsible for complying with any other City requirements and obtaining any other entitlements for the space. (—DocuSigned by: Nv4 S-IA,bW 7Z0.fL14$48.C.,a8413 David Snow Planning Director DocuSigned by: Afect 141079R117CR34Rn Graham Jones Assistant Planning Director r ...�SSigned by: OeL Mawus iadija Watson, MUP Interim Chief of Land Development Attachments: Attachment 1 — Previous Covenant Attachment 2 — Amended Restrictive Covenant Attachment 3 — Letter of Intent and Associated Documents Staff Analysis Report No. (PZ-25-19370): 3850 S Dixie Hwy -Special Appearance) — Page 6 of 8 5/7/2025 This instrument prepared by, and after recording return to: Name: Javier F. Avino, Esq. Address: Greenberg Traurig, P.A. 333 Avenue of the Americas Miami, Florida 33131-3261 1111111111111111111111111111111111 C!FH 201 1 RO_9;18 OR Bk 27719 N'9S 1358 _ RECORDED 06 13 2011 10:1 HARVEY RUVINr CCLERK:. OF COURT MIAMI-DADE COUHTYr FLORIDA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day eft_ of ce , 2010, by European Automotive, LLC (the "Owner'), in favor of the City of Miami, a Florida Municipal Corporation (the "City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at approximately 3825 Day Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, an approval was obtained for a zoning change and land use amendment for the Property from the City Commission of the City of Miami, pursuant to Ordinance No. 13208, adopted on September 23, 2010 and attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, it is the Owner's intent to renovate the Property for continued use as an auto repair shop and electric car sales. 1 MIA 181,274,928v2 11-9-10 Book27719/Page1358 CFN#20110383279 Page 1 of 8 NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Zoning Regulations. The Owner agrees to adhere to the "T5-O Designation" under Miami 21. In addition, the Owner agrees to the following restrictions: 1) installation of a concrete wall fronting Day Avenue, per Miami 21 guidelines; 2) A landscape buffer along Day Avenue, per Miami 21 guidelines; 3) There shall be no ingress or egress to or from the Property from Day Avenue; and 4) irrespective of the T5-O regulations no building on the Property shall exceed 3 stories. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 2 MIA 181,274,928v4 4-6-11 Book27719/Page1359 CFN#20110383279 Page 2 of 8 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the owner(s) of the fee -simple title to the Property to be effected 3 MIA 181,274,928v4 4-6-11 Book27719/Page1360 CFN#20110383279 Page 3 of 8 by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the City Clerk at 3500 Pan American Drive, Miami, FI. 33133 within thirty(30) days of recordation. 4 MIA 181,274,928v4 4-6-11 Book27719/Page1361 CFN#20110383279 Page 4 of 8 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this 10 day of �� f , (N WITNESS WHEREOF, t U -0 i i -JJ l� V I ha caused these presents to be signed in its name,* its proper officals. I Wit ei: Signature ignature // )Gc., tit G r IF' ✓ 7-1 G._v) G(C' Z Print Name rc STATE OF FLORIDA COUNTY OF MIAMI-DADE European Automotive, LLC 3850 S. Dixie Highway Miami, Florida 33133 By: The foregoing instrument was acknyw ledged before me by fr iR the -'onager of ' - A-N Avr© NQTua orporation, on behalf of the corporation. is personally known to m- or has produced Florida Driver's licence: s identification. Ly Witness my signature and official seal this oR0 day of L, 2010 in the County and State aforesaid. My Commission Expires: as)?,_ Notary Public State of Florida Evelyn Rodriguez . My Commission EE005108 or tow Expires 06f29/2014 5 MIA 181,274,928v2 11-9-10 Notary ate of FLORIDA k o h Al Ly Book27719/Page1362 CFN#20110383279 Page 5 of 8 CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE The undersigned, holder of that certain Mortgage Deed dated 4/18/2008 and recorded in Official Records Book 26333 at Page 1920 , of the Public Records of Miami -Dade County, Florida, as amended, encumbering the real property to be subjected to the foregoing Declaration of Restrictive Covenants made by Savage LLC, in favor of the City of Miami, Florida, hereby consents to said Declaration of Restrictive Covenants and agrees that the lien of said Mortgage Deed shall be subject and subordinate to the terms of said Declaration of Restrictive Covenants. IN WITilla_NESS WHEREOF, the undersigned has set his hand and seal this �J day ofr , 2011. STATE OF IDAHO COUNTY OF ADA ) ss: By: Exxiictl (Corporate Seal) The foregoing instrument was a, knowled ed before me this f 3 day of Ad, , 2011 by MaiQ,, L a rk� II , as /i2 niba ►" of tiave Gz C , on behalf of said company. He/She personally appeared before me, is personally known to me or produced as identification. / t U Name: UGC JC l/ Notary Public, State Idaho Commission No. . lf/"2 / 7 6 Book27719/Page1363 CFN#20110383279 Page 6 of 8 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU City Attorney APPROVED: FRANC ems' AF CIA Directof of Planning /94/e6/0/ 7 APPROL BARNABY-PMS jc) Zoning Adrflaistrator Book27719/Page1364 CFN#20110383279 Page 7 of 8 OR Bk 27719 PG LAST PAGE Exhibit "A" LEGAL DESCRIPTION: Parcel 2 Lots 6 and 7, Less South 5.0 feet of: "PERCIVAL PLAT REVISED" according to the Plat Thereof as recorded in Plat Book 1 at Page 140, of the Public Records of Miami -Dade County, Florida. AKA 01-4120-013-0050. Book27719/Page1365 CFN#20110383279 Page 8 of 8 Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Office of Zoning, Attn.: Zoning Administrator 444 S.W. 2nd Avenue, 4th Floor Miami, FL 33130-1910 Folio No: 01-4120-000-0060 (Space Above for Recorder's Use Only) RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, on December 20, 2010, EUROPEAN AUTOMOTIVE, LLC, the then owner of the real property described below ("Property") entered into a Declaration of Restrictive Covenants ("Covenant") in favor of the City of Miami ("City") pertaining to use of said Property, which was recorded on June 13, 201 1, in Official Records Book 27719, Pages 1358-1365 of the Public Records of Miami -Dade County, Florida; WHEREAS, the Covenant limits building height on the Property to a maximum of three (3) stories and prevents access from Day Avenue; and WHEREAS, EUROPEAN AUTOMOTIVE, LLC ("Owner") owns the Property, which is legally described as: Lots 6 and 7, less the South 5.0 feet of Revised Plat Percival & Sanford Subdivision, according to the Plat Thereof as recorded in Plat Book 1 at Page 140, of the Public Records of Miami -Dade County, Florida. 3850 S Dixie Highway, Miami, Florida 33133 01-4120-000-0060 WHEREAS, the Owner(s) of the Property has requested that the Covenant be canceled and released; and WHEREAS, the need for the Covenant is no longer in existence, and the City is willing to cancel and release the Covenant; and NOW THEREFORE, the City hereby releases and cancels the Covenant described above, as to any interest whatsoever that the City has in the Covenant. This Release of Declaration of Restrictive Covenants ("Release") may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Release. The parties shall be entitled to sign and transmit an electronic signature of this Release (whether by facsimile, ACTIVE 707737268v1 Release of Declaration of Restrictive Covenants Folio No. 01-4120-000-0060 PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Release upon request. [SIGNATURES FOLLOW ON NEXT PAGE(S)] Page 2 ACTIVE 707737268v1 Release of Declaration of Restrictive Covenants Folio No. 01-4I20-000-0069 In witness whereof the undersigned has caused his hand and seal to be affixed hereto on this 27 clay of February 2025. OWNER EUROPEAN AUTOMOTIVE, LLC By:E-, Peter E. Kilissanly, Manager STA IL OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of X physical presence OR online notarization, this 2, clay of Fe4,-va.ry , 20 ZS: by Peter E. Kilissanly, as Manager of EUROPEAN AUTOMOTIVE, LLC. Personally Known( or Produced Identification Type of Identification Produced .Q • . " Altcia M. Barren e Corm€. : 4H Sf 5682 Expires: Jan 2B, 2029 , , '' Notary Public • 5t0e of Florida ACTIVE 797737268v1 Print or Stamp Name: ,l ectez Notary Public, State of F/pr'W€% Commission No.: f1 13-46',0 e �. My Commission Expires: Ji:7a 24, r Page 3 Release of Declaration of Restrictive Covenants Folio No. 01-4120-000-0060 In witness whereof the undersigned has caused his hand and seal to be affixed hereto on this 27 day of February 2025. OWNER EUROPEAN AUTOMOTIVE, LLC Od 'lys Kilissanly, Manager STAIL OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of x physical presence OR online notarization, this 6? 7 day of Fed r-ua r'r , 20 Z$; by Odaly, Kilissanly, as Manager of EUROPEAN AUTOMOTIVE, LLC. Personally Known X or Produced Identification Type of Identification Produced Barrera f*st,� "; Comm.: HH 615682 . ;,.!� = Expires: Jan. 26, 2029 n `' way Sulk - Stat et Ilaida ACTIVE 707737268v7 F Print or Stamp Name: 4/ ci'et Notary Public, State of HAS' 6 /5 -:$ 2 Fie71 Commission No.: /' if(o fS $.. My Commission Expires: €a►s) 214 204 Page 4 Release of Declaration of Restrictive Covenants Folio No. 01-4120-000-0060 CITY OF MIAMI: APPROVED: OFFICE OF ZONING Tamara Allen -Frost Zoning Administrator APPROVED: Luis Torres III Building Official David Snow Planning Director Juvenal Santana Director of the Department of Resilience and Public Works APPROVED AS TO FORM AND CORRECTNESS: OFFICE OF THE CITY ATTORNEY George K. Wysong, Esq. City Attorney ACTIVE 707737268v1 Page 5 Exhibit "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION LEGAL DESCRIPTION: 1 LOTS 6 AND 7, LESS THE SOUTH 5.0 FEET OF REVISED PLAT PERCIVAL & SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 140 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LEGEND: P.B. - PLAT BOOK PG. - PAGE - CENTERLINE - MORE OR LESS SURVEYOR'S NOTES: 1. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES 3. ORDERED BY: 908 GROUP HOLDINGS LLC 000111111111111 ENJ """y THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.SM. 47.Z •"° `SAC`•".� ET 1 OF 2 SHEET Seltateet4C- Staditif4 & aG 4 ivo.'} . LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORP01 4 WAY-MIRAMA , FL 33(!25 PHONE No.(954)435-7010 FAX No. (954)438 & STATE OF o- ORDER NO. 219347 PREP UG 4DE Mi E>�.VI ION: s DATE FEBRUARY,24 2025 < ` '• P♦ • `` THIS IS NOT A BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 REVISIONS MARK STEVEN JOHNS*, AR N 1PAL FLORIDA PROFESSIONAL LAdtki< } I N1 \\\�f` 75 iim m K:\205441\PERCIVAL AND SANFORD (3850)\SKETCH LEGALS\DWG\LOTS 6 AND 7 (02-24-25).DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION SCALE: 1 "=30' LOT 8 UNPLA TTED 1 cci N8730'40"E 1100.00' REVISED 'PLAT OF PERCIVAL & SAN�jORD (P.B. 1, PG. 140) LOT 7 LOT 6 AREA: f11,632 SQUARE FEET (f0.267 ACRES) CITY OF ML4MI &1SE BUILDING UNE SOUTH I LINE LOTS 6 & 7 S873714311/ 1100.00' DAY AVE. LEGEND: P.B. — PLAT BOOK PG. — PAGE — CENTERLINE — MORE OR LESS S03'11'20"E 116.43' 0' 1 20' SURVEYOR'S NOTES: 1. AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES 3. ORDERED BY: 908 GROUP HOLDINGS LLC THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 47 oop0\\ wnn°iimwmm EVEN /"/ ET 2 OF 2 SHEET SeAweel4e- Stadhus o4 4 ivo.'2 ftc . ' �r LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORP01 4 WAY—MIRAMA , FL 3302C PHONE No.(954)435-7010 FAX No. (954)438 & STATE OF o- PREP ORDER NO. 219347 UN Mi Ei�V1lON: DAZE FEBRUARY,24 2025 A CC •�' 1_ P.`� • ;7 THIS IS NOT A BOUNDARY SURVEY" MARK STEVEN JOHNSd1G,,AR �N,IPAL � CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAdtkii I Q 075 REVISIONS K:\205441\PERCIVAL AND SANFORD (3850)\SKETCH LEGALS\DWG\LOTS 6 AND 7 (02-24-25).DWG JOINDER BY MORTGAGEE The undersigned Savage, LLC, an Idaho limited liability company (the "Mortgagee") being the owner and holder of the Security Documents (as defined below) covering all/or a portion of the property described in the foregoing agreement (the "Property"), does hereby consent and acknowledge that the terms of this Release of Declaration of Restrictive Covenants (the "Release") and shall be binding upon the undersigned and its successors in title, and the lien and effect of the Security Documents shall be subject and subordinate to the terms of the Release, including, without limitation, in the event that Mortgagee or any other party shall obtain title through foreclosure or deed in lieu of foreclosure. (a) Mortgage, Security Agreement and Assignment of Rents, Leases and Profits from European Automotive,LLC a Florida limited liability in favor of Savage, LLC, an.Idaho limited liability company dated March 20,2008, and recorded April 18, 2008, in Official Records Book 26333, Page 1920, as modified by that certain Agreement for Modification of Mortgage, recorded September 28,2020, in Official Records Book 32118, Page 608, all of the Public Records of Miami -Dade County, Florida (the "Mortgage"). (b) Assignment of Rents, Leases and Profits between European Automotive, LLC a Florida limited liability and Savage, LLC, an Idaho limited liability company dated March 20, 2008, and recorded April 18, 2008, in Official Records Book 26333,Page 1936 as modified by that certain Agreement for Modification of Assignment of Rents Leases and Profits, recorded September 21, 2020, in Official Records Book 32107, Page 3084, and re-tecorded in Official Records Book 32107,Page 3155, all of the Public Records of Miami -Dade County, Florida. (the "Assignment"). (c) UCC-I Financing Statement naming Savage, LLC as secured party recorded April 18, 2008, in Official Records Book 26333,Page 1944 of the Public Records of Miami -Dade County, Florida (the "Financing Statement 1"), and together with the Mortgage, Assignment collectively, the "Security Documents"). The sole purpose of Mortgagee joining in the execution of this Release is to subject the interests of Security Documents in the Property to the provisions of the Release. [Signature Page to Follow] ACTIVE 707780385v1 Release of Declaration of Restrictive Covenan:cs Folio No. 01-4120-000-0060 IN WITNESS WHEREOF, these present have/has been executed as of the day of 27 r't(0_��.�, 2025. W ITNESS�S: ��t Print Name Si nature 'v>u vt t 014.Ik0A Print Name STATE OF I?DA 704(ko Ad& COUNTY OF Savage, LLC, an Idaho limited liability company By: Name: : J : 440 r.),)4.) A- r / / Title: ,L:. L / /.,.,C The foregoing instrument was acknowledged before me, by means of/physical presence or ❑ online notarization, on this Z 7 day of - F or=.ti , 2025, by J'((.c.,r 0c.zd .( , the Savage, LLC, an Idaho limited liability company, who ;s ; -.�: known to me or has produced OL- as identification. 4 NATHAN RICE MY COMMISSION NO. 20224622 ` NOTARY PUBLIC STATE OF IDAHO I MY COMMISSION EXP: 10/07/2028 ' ACTIVE 707737268v1 NOTARY PUBLIC, STATE OF—F-Elak11117 =1=,4h0 Print Name: Kjo Commission No. 2c3 Z2t162Z Commission Expires: f ca/ v 7/ 02 Page 7 of 7 GT GreenbergTraurig April 28, 2025 VIA E-PLAN Mr. David Snow City of Miami Planning Director 444 SW 2nd Avenue, 2nd Floor Miami, Florida 33131 Ethan B. Wasserman, Esq. 305-579-0784 was serm an e gg tl aw. c o m Re: Letter of Intent Special Appearance for Release of Declaration of Restrictive Covenants / Property Located at 3850 S Dixie Highway, Miami, FL (Folio No.: 01-4120-000- 0060) (the "Property") Dear Mr. Snow: Our firm represents 908 Group Holdings LLC (the "Applicant")t in connection with land use, zoning and general development matters. Please accept this letter as our formal request for City of Miami Commission2 release of the Declaration of Restrictive Covenants recorded in Official Records Book 27719 at Page 1358 in the Public Records of Miami -Dade County, Florida (the "Covenant") as it applies to the parcel outlined in yellow in Figure 1, below (the "Covenant Parcel"). A copy of the Covenant is enclosed as Exhibit A. Figure 1 I. PROJECT BACKGROUND On October 19, 2023, the Applicant obtained site plan approval for a seventy-nine (79) unit multifamily residential project on the Property, also known as Nine at Miami (the "Project"). A 1 Applicant is the contract purchaser of the Property. European Automotive LLC is the current owner of the Property. 2 As required by the express terms of the covenant ACTIVE 710443090v1 copy of Waiver Final Decision No. PZ-22-15483 is enclosed as Exhibit B. In connection with this approval, the Applicant also secured City of Miami Plat Approval under T-Plat #2029-A and Miami -Dade County Plat Approval under T-Plat #25008 (the "T-Plat Approvals"). A copy of the T-Plat Approvals is enclosed as Exhibit C. Additionally, on May 7, 2024, the City of Miami (the "City") adopted Resolution R-24-0166, vacating a portion of Higgs Street to facilitate the Project's development. A copy of Resolution R-24-0166 is enclosed as Exhibit D. II. REQUEST As the Applicant prepared to close on the Property and commence development of the Project, First American Title Insurance Company conducted an updated title search (as it routinely has over a three (3) year period), which revealed the existence of the Covenant restricting, among other things, building height to three (3) Stories along a limited portion of the Southern boundary of the Property and access to the Property from Day Avenue. A legal description of the Covenant Parcel is enclosed as Exhibit E. The Covenant is no longer necessary and should be released because the Applicant has fully satisfied all applicable regulatory requirements, including site plan approval, plat approvals, and a street vacation from the City of Miami. The height limitation in the Covenant conflicts with the legally approved entitlements, creating an unnecessary restriction on the Property's lawful development. We are not sure how First American Title Insurance Company came to find the Covenant after so many years of entitlements. In any event, we request that the City Commission terminate and release the Covenant given the many City and County approvals the Applicant has obtained for redevelopment of the Property, including the intended uses that exist on the Property today. The Applicant is ready to close on the Property and commence development, but the Covenant imposes an unnecessary encumbrance that was not considered in the extensive public review process for the Project. III. CONCLUSION In light of the above, we respectfully request the formal release of the Covenant by the City Commission. The Covenant's height and access limitation is inconsistent with the Property's current zoning, surrounding development, and is superseded by the City's approvals for the Property's redevelopment. Releasing the Covenant will allow the Project to proceed in alignment with the City's planned growth and economic development objectives. If you require any additional information or would like to discuss further this request, please contact me at 305-579- 0784. Thank you for your attention to and favorable consideration of this matter. Sincerely, Ethan B. Wasserman, Esq. ACTIVE 710443090v1 EXHIBIT A This instrument prepared by, and after recording return to: Name: Javier F. Avino, Esq. Address: Greenberg Traurig, P.A. 333 Avenue of the Americas Miami, Florida 33131-3261 1111111111111111111111111111111111 CFN 2O 1 i. RO38 OR F•k 27719 Fos 1358 - 1 RECORDED O ,/13/2011 10:1 HARVEY RUVIHr CLERK. OF COURT MIAAIII-C'ADE COUHTYp FLORIDA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day AO_ of 1 c.C- , 2010, by European Automotive, LLC (the "Owner"), in favor of the City of Miami, a Florida Municipal Corporation (the "City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Horida, located at approximately 3825 Day Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, an approval was obtained for a zoning change and land use amendment for the Property from the City Commission of the City of Miami, pursuant to Ordinance No. 13208, adopted on September 23, 2010 and attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, it is the Owner's intent to renovate the Property for continued use as an auto repair shop and electric car sales.. 1 MIA 181, 274, 928v2 11-9-10 Book27719/Page1358 CFN#20110383279 Page 1 of 8 NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Zoning Regulations. The Owner agrees to adhere to the "T5-O Designation" under Miami 21. In addition, the Owner agrees to the following restrictions: 1) installation of a concrete wall fronting Day Avenue, per Miami 21 guidelines; 2) A landscape buffer along Day Avenue, per Miami 21 guidelines; 3) There shall be no ingress or egress to or from the Property from Day Avenue; and 4) irrespective of the T5-O regulations no building on the Property shall exceed 3 stories. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 2 MIA 181,274,928v4 4-6-11 Book27719/Page1359 CFN#20110383279 Page 2 of 8 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the owner(s) of the fee -simple title to the Property to be effected 3 MIA 181,274,928v4 4-6-11 Book27719/Page1360 CFN#20110383279 Page 3 of 8 by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the City Clerk at 3500 Pan American Drive, Miami, FI. 33133 within thirty(30) days of recordation. 4 MIA 181,274,928v4 4-6-11 Book27719/Page1361 CFN#20110383279 Page 4 of 8 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this 10 day of �� f , (N WITNESS WHEREOF, t U -0 i i -JJ l� V I ha caused these presents to be signed in its name,* its proper officals. I Wit ei: Signature ignature // )Gc., tit G r IF' ✓ 7-1 G._v) G(C' Z Print Name rc STATE OF FLORIDA COUNTY OF MIAMI-DADE European Automotive, LLC 3850 S. Dixie Highway Miami, Florida 33133 By: The foregoing instrument was acknyw ledged before me by fr iR the -'onager of ' - A-N Avr© NQTua orporation, on behalf of the corporation. is personally known to m- or has produced Florida Driver's licence: s identification. Ly Witness my signature and official seal this oR0 day of L, 2010 in the County and State aforesaid. My Commission Expires: as)?,_ Notary Public State of Florida Evelyn Rodriguez . My Commission EE005108 or tow Expires 06f29/2014 5 MIA 181,274,928v2 11-9-10 Notary ate of FLORIDA k o h Al Ly Book27719/Page1362 CFN#20110383279 Page 5 of 8 CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE The undersigned, holder of that certain Mortgage Deed dated 4/18/2008 and recorded in Official Records Book 26333 at Page 1920 , of the Public Records of Miami -Dade County, Florida, as amended, encumbering the real property to be subjected to the foregoing Declaration of Restrictive Covenants made by Savage LLC, in favor of the City of Miami, Florida, hereby consents to said Declaration of Restrictive Covenants and agrees that the lien of said Mortgage Deed shall be subject and subordinate to the terms of said Declaration of Restrictive Covenants. IN WITilla_NESS WHEREOF, the undersigned has set his hand and seal this �J day ofr , 2011. STATE OF IDAHO COUNTY OF ADA ) ss: By: Exxiictl (Corporate Seal) The foregoing instrument was a, knowled ed before me this f 3 day of Ad, , 2011 by MaiQ,, L a rk� II , as /i2 niba ►" of tiave Gz C , on behalf of said company. He/She personally appeared before me, is personally known to me or produced as identification. / t U Name: UGC JC l/ Notary Public, State Idaho Commission No. . lf/"2 / 7 6 Book27719/Page1363 CFN#20110383279 Page 6 of 8 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU City Attorney APPROVED: FRANC ems' AF CIA Directof of Planning /94/e6/0/ 7 APPROL BARNABY-PMS jc) Zoning Adrflaistrator Book27719/Page1364 CFN#20110383279 Page 7 of 8 OR Bk 27719 PG LAST PAGE Exhibit "A" LEGAL DESCRIPTION: Parcel 2 Lots 6 and 7, Less South 5.0 feet of: "PERCIVAL PLAT REVISED" according to the Plat Thereof as recorded in Plat Book 1 at Page 140, of the Public Records of Miami -Dade County, Florida. AKA 01-4120-013-0050. Book27719/Page1365 CFN#20110383279 Page 8 of 8 EXHIBIT B ‘�A.AU - V 11 WAIVER FINAL DECISION Zoning Administrator/Director Daniel S. Goldberg, Esq. This final dedsim maybe appealed to Appeals Bo&d MarNMlgr d,em.vMlin -"i[w ".�W dated posting byNing a mitten appeal and apprepria elee with the Healing 1.Boards3n 0Ms'e, located at444SW 2ne. d Avenu 3rd Floor. Miami. FL 3130. Telephone number (309 416-2030. EPLAN PZ NUMBER PZ-22-15483 APPLICANT Ethan Wasserman C/o Greenberg Traurig P.A. TITLE The Nine @ Miami ADDRESS 3850 S. Dixie Hwy and 3791/3793 Day Ave TRANSECT ZONE T6-8-O / T5-O / T4-O / NCD-2 NOTICE DATE August 31st, 2023 FINAL DECISION Approval Approval with Conditions Denial Final Decision Package Page 1 Page 2 Page 2-3 Page 3-4 Attachments Cover Page Waivers Applied for and project development information Zoning Department Findings Final Decision and Conditions Letter of Intent, Architectural Plans, Landscaping Plans, Survey, Mailed Notice, as well as all other documents included in the applicable PZ Eplan Number ("Application Package"). CITY OF MIAMI WAIVER INAL DECISION APPLICATION DETAILS This final dedsim maybe appealed to APp�ls Bo&d byarry zggr d,emy. willin •n[w �.�tte dated posting byNing a mitten appeal and apprcpria elee with the Healing 1.Boards3n 0Ms'e, located at444SW 2ne. d Avenu 3rd Floor. Miami. FL 3130. Telephone number (309 416-2030. iiiik Waiver final decision is based on the application information provided by the Applicant, an pursuant to Zoning Ordinance 13114, as amended ("Miami 21") consistent with the findings, determinations, and conditions as described in this decision. Miami 21 Code Section Waiver Description Article 4, Table 5 Waiver to substitute one (1) commercial loading berth for two (2) residential loading berths. 7.1.2.5(a)(29) Waiver for a 10% reduction in required Front Setback from 10' to 9'. 7.1.2.5(a)(29) Waiver for a 10% reduction in required Side Setback (Eastern Frontage) above the 8th Story from 30' to 27' in the T6-8-O Transect Zone. 7.1.2.5(a)(29) Waiver for a 10% increase in T4-O required Lot Coverage from 60% to 66%. 7.1.2.5(a)(16) Waiver to allow Frontage Setbacks above the eighth floor for Lots having one dimension one hundred (100) feet or less may to be reduced to a minimum of zero (0) feet (North Frontage — South Dixie Highway) in the T6-8-O Transect Zone. 7.1.2.5(a)(29) Waiver for a 10% increase in T5-O required Lot Coverage from 80% to 88%. Appendix A, Section 2.3 Waiver to request demolition in the NCD-2 District. 7.1.2.5(a)(29) Waiver for a 10% decrease in the amount of facade required in the "Build to Zone" from 70% to 63%. DEVELOPMENT INFORMATION NOTE: ALL DEVELOPMENT PROPOSED IN THE TABLE BELOW OTHERWISE PROCEEDS BY -RIGHT Lot Size — Pre -Dedication 40,366 SF; by survey Lot Size — Post -Dedication 40,116 SF; by survey Density Proposed 79 units Square Footage Proposed 177,435 SF Parking Proposed* 127 parking spaces 2 CITY OF MIAMI WAIVER INAL DECISION f"V It1 )� Uses Proposed Multifamily residential *If a Waiver for a parking reduction is requested, this number represents the parking the Waiver is issued. However, the Waiver is for a percentage of reduction and the over parking space count may change based on changes to the by -Right development program for project. Thls final dedsim maybe appealed to APp�ls Bo&d byarry zggr dFeml.wMlin the dated posting byNing a mitten appeal and apprcpria elee with the Healing 1.Boards3n 0Ms'w, located at444SW 2ne. d Avenu 3rd Floor. Miami. FL 3130. Telephone number (309 416-2030. CITY OF MIAMI WAIVER FINAL DECISION FINDINGS AND APPLICABLE DETERMINATIONS In reviewing this application, the following findings have been made based on Miami 21 zoning code, development information proposed, and the Application package provided: (4) (5) It is found that the Guiding Principles in Article 2 described in the Letter of intent are in compliance with Miami 21. It is found that the Waivers specified are minor deviations from the Miami 21 Code, as described in the Application Package. It is found that the 10% Waiver(s), if any, included in the Application Package are granted as it promotes the intent of this Transect Zone where the proposal is located; is consistent with the guiding principles of this Code; and there is practical difficulty in otherwise meeting the standards of the Transect Zone, or when doing so promotes energy conservation and Building sustainability. The practical difficulty requiring such Waiver(s) are described in the Letter of Intent. It is found the required notice and hearing procedures, as applicable, in Section 7.1.2.5(c) of the Miami 21 Code were followed. It is determined that the Application Package is consistent with all applicable zoning regulations as described in this Final Decision. FINAL DECISION CONDITIONS Based on the above, and in consultation with all the applicable officers, agencies, authorities, the Application is APPROVED WITH THE FOLLOWING CONDITIONS: Project Specific Conditions: 1. At the time of the building permit, provide the resolution vacating SW 37th Court. 2. At the time of the building permit and pursuant Miami 21, Article 7 Section 7.1.7.1, submit a Unity of Title including all lots, addresses and folio numbers in the project. 3. At the time of the building permit and pursuant Article 3, Section 3.13.1.b.1., provide: (a) Proof of registration with the Green Building Certification Institute, or equivalent agency; (b) A signed and sealed affidavit from a LEED Accredited Professional, or applicable designation, stating that the proposed Building is designed to achieve the required certification; and (c) A LEED Scorecard, or equivalent document, identifying anticipated credits to be achieved. 3 CITY OF MIAMI WAIVER ,FINAL DECISION 4. The roof shall comply with the solar reflectance criteria under the provisions of 5. At the time of the building permit, provide verification that the required public b been provided in order to be eligible for the bonus floors (Levels 9-12). 6. Provide Final determination of Public School Concurrency and Capacity Reservatio 7. At the time of the building permit, provide a letter from the Miami Parking authority indicating the number of on -street parking spaces which are directly adjacent to the site and which are available for use by the project. 8. Provide the approved UDRB resolution and conditions, to be reviewed by Urban Design. 9. At the time of the building permit, the mechanical equipment on the roof shall be enclosed by parapets in compliance with the maximum height allowed in the corresponding transect zone. 10. Any deficiencies in trees required can be resolved by providing a tree trust fund contribution, condition to be reviewed by the Environmental Resources Division. 11. If the minimum number of trees required cannot be reasonably planted on the ground level of the subject property, the applicant may plant forty percent (40%) of the required trees on upper levels such as open recreation areas or exposed decks. All trees located on upper levels used towards the minimum requirements shall be regulated through Chapter 17: Environmental Preservation. 12. At the time of the building permit and pursuant Article 9, Section 9.11, provide Preparers Certification of Landscape Compliance. 13. The Department of Resilience and Public Works has provided comments and conditions for this submittal for informational purposes. They are not conditions of this Waiver but may be conditions of a subsequent building permit obtained pursuant to this Waiver. 14. Parking structure/garage to conceal internal elements including, but not limited to, vehicles, lights, and mechanical equipment from the public realm both day and night. Spacing of 2 inches between battens should adequately screen the garage's internal elements as Code requires. (Urban Design Review Group). Standard Waiver Conditions: This final dedsia, maybe appealed to APp�ls Bo&d byarry zggr d,emy. willin •n[w ��.� the dated posting byaing a mitten appeal and apprcpria elee with the Healing Boards 0M0Tn, located at444SW 2nd Avenue, 3rd Floor. Miami. FL 33130. Telephone number (309 416-2030. 1. This Waiver shall be valid for a period of two (2) years during which a Building Permit or Certificate of Use must be obtained. This excludes a demolition or landscape penult. A one-time extension, for a period not to exceed an additional year, may be obtained upon approval by the Zoning Administrator. 2. Only the Waivers granted by this Final Decision are approved. Full compliance with all other aspects of Miami 21 shall be required. 3. The Waiver approval is conditioned on a full review by the Office of Zoning at the time of Building Permit application. Any substantial changes that arise may require a new Waiver or other applicable Miami 21 permit. Additional comments will be provided to comment further on the project as details and/or explanations are provided and may revise previous comments based on this additional information. 4. As may be applicable a Unity of Title or Covenant in Lieu of Unity of Title will be required prior to Building Permit. 5. As may be applicable, a Parking Covenant may be required prior to Building Permit for any off -site parking. 4 CITY OF MIAMI WAIVER INAL DECISION 6. Compliance with Miami 21 Section 3.13, Sustainability, Tree Permits and equivalent is required prior to Building Perrnit. 7. Compliance with the City of Miami Neighborhood Comprehensive Plan is req consistent with the review, comments and findings by the City of Miami Plannin Department. 8. Compliance with City of Miami Code of Ordinances, Chapters 54-55, Street, Sidewalks and Subdivision is required prior to Building Permit. 9. If the project proposes bonus Height or Floor Lot Ratio, it shall be satisfied prior to Building Permit pursuant to Section 3.14 of Miami 21. 10. If applicable, at time of Building Permit (including a phased vertical permit, if sought) provide a letter from the Miami -Dade Aviation Department and the Federal Aviation Administration approving the project's height in accordance with the airspace protection provisions of Chapter 33, Article XXXVII of the Code of Miami -Dade County, Florida for Miami International Airport. 11. If located in the Downtown or Southeast Overtown / Park West Development of Regional Impact ("DRI"), provide verification that the DRI fee has been paid at time of building permit. 12. A Warrant may be required for any proposed outdoor dining Obtain a Warrant prior to or at time of building permit or remove the proposed outdoor dining. 13. At time of Building Permit, if residential units are proposed, provide proof of satisfaction of school concurrency requirements. This final dedsim maybe appealed to APp�ls Bo&d byarry zggr d,emy. willin •n[w ��. the dated posting byNing a mitten appeal and apprcpria elee with the Healing 1.Boards30M0Tn, located at444SW 2nd Avenue, 3rd Floor. Miami. FL 33130. Telephone number (309 416-2030. WAIVER FINAL DECISION BY ZONING ADMINISTRATOR The final decision of the Zoning Administrator may be appealed to the Planning, Zoning, Appeals Board by any aggrieved party, within fifteen (15) calendar days of the posting of the decision on the City's website by tiling a written appeal and payment of appropriate fee with the office of Hearing Boards, located at 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130; telephone number (305)416-2030. For more information visit: https://www.miamigov.com/Services/Solve-a-Problem/Appeal-a- Warrant-or-a-Waiver Gold ber Digitally signed by Goldberg, Daniel Signat Da n I Date: 2023.10.19 .13-04'00' 5 Date: 10/19/2023 EXHIBIT C (Lit of �'�t�tYtCt September 13, 2023 Oswald() Jaramillo and European Automotive, LLC c/o Greenberg Traurig, PA / Ethan Wasserman 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 ARTHUR NORIEGA, V City Manager 908 Group Holdings LLC 109 N. Brush Street, Suite 500 Tampa, FL 33602 NINE AT MIAMI TENTATIVE PLAT #2029-A (FIRST RESUBMITTAL) LOCATED ALONG THE NORTH SIDE OF DAY AVENUE, ON THE EAST AND THE WEST SIDES OF HIGGS STREET; AND ALONG THE SOUTHEASTERLY SIDE OF SOUTH DIXIE HIGHWAY (U.S. 1). Ladies and Gentlemen: The City of Miami Plat and Street Committee at its meeting of July 6, 2023, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions and/or comments have been satisfied: Resilience and Public Works Department 1. The Transect Zoning Sketch needs revisions on the line work of the subject site. 2. The Tentative Plat needs revisions, contact the Survey Section. 3. The right-of-way information for the southeasterly right-of-way line of U.S. 1 / State Road No. 5 requires review and approval from F.D.O.T. 4. Provide corrections to underground information of existing stormwater drainage system adjacent to proposed plat - underground lines, inlet rim elevation, inlet type, structure bottom elevation, pipe material and direction, pipe size, pipe length, covered ditches, exfiltration trenches. All information obtained from the City records must be field verified. Field verifications are also required for all new structures that are not on the City records. All structures must be cleaned to be accessible for the field verifications and researches, if necessary. Missing bottom elevations. Qualify, as per City records, existing covered ditch along Day Avenue. 5. For coordination of underground information for stormwater drainage system. Contact Mauricio Valdes at 305-416-1288 or MauValdes@miamigov.com, Development and Roadway Plans Section for comments. To obtain copy of Stormwater As-Builts, Capital Projects, and any other underground City's Records, contact Justo De La Torre at jdelatorre@miamigov.com. 6. Drainage structure(s) in the private property might be connected to public stormwater system and/or abutting properties. Provide complete underground information. 7. Corrections on underground information to be completed prior the issuance of the Subdivision Improvements letter. Standard Comments 8. A letter from Comcast is required to determine if any adjustments to their facilities or easements are required. DEPARTMENT OF RESILIENCE & PUBLIC WORKS 444 S.W. 2nd Avenue / Miami, Florida 33130 / (305) 416-1200 / Fax: (305) 416-1278 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 Nine at Miami- TENTATIVE PLAT # 2029-A (FIRST RESUBMITTAL) September 13, 2023 Page 2 of 3 9. Verify with Miami -Dade County that the proposed plat name is acceptable. 10. All encroachments across proposed tract and/or lot lines must be removed prior to final plat submittal. 11. An Opinion of Title, in the City of Miami Opinion of Title form, must be provided at the time of final plat submittal. 12. Current backup documentation will be required for all who execute the final plat. A resolution for authority to execute documents and a Certificate of Good Standing from the Secretary of State are required, if applicable. 13. Tentative plat application must be made with Miami -Dade County after receiving approval from the City of Miami Plat and Street Committee. 14. Be advised that an incomplete final plat package will not be accepted by the City of Miami. It is the owner's responsibility to work with his/her surveyor and his/her attorney to assure that everything is in order before submitting the final plat package. 15. Be advised that if all requirements for scheduling the final plat for City Commission action are not in order, the final plat will not be scheduled for a City Commission meeting. 16. A letter of concurrency from Miami -Dade County School Board is required prior to the final plat submittal. 17. A letter from the Miami -Dade Water and Sewer Department is required to determine if any adjustments to their facilities or easements are required. Also, a letter to release the final plat in connection with water and sewer service agreements. 18. Provide two 8 %" by 11" paper location sketch exhibits, one "Before Replat" and one "After Replat". 19. Existing utilities located within the right-of-way to be closed and vacated must be relocated or easements provided. 20. An opinion of title as to reversionary rights for the right-of-way to be closed and vacated will be required by the Planning, Zoning and Appeals Board. The opinion of title must also address whether or not there are individuals, in addition to the abutting property owners, having an interest in the right-of-way to be closed and vacated. A copy of the opinion of title must be provided to the Survey Section of Resilience and Public Works Department. 21. The Planning, Zoning, and Appeals Board will require a Sketch and Legal Description with a square footage, on an 8 %" X 11" paper, for the proposed closure. Contact the Office of the Hearing Boards, at 305-416-2030. Provide a copy to the Survey Section of Resilience and Public Works Department. 37. The Subdivider or applicant is to comply with the requirements of Chapter 55, Sec. 55-15(a) City of Miami Code before scheduling a public hearing before the city commission for the vacation and closure of the right-of-way. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights - of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases, this could represent a substantial investment on your part. REQUIRED: The submission of an electronic copy of the tentative plat, in an AutoCAD version, to the City of Miami Public Works Department, Roadway Plans Section will EXPEDITE the preparation and enhance the ACCURACY of the subdivision improvement letter required for the final plat approval. 2. Execution of Covenant for Postponement of Subdivision Improvements is required in cases where the required subdivision improvements are not completed. 3. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. Nine at Miami- TENTATIVE PLAT # 2029-A (FIRST RESUBMITTAL) September 13, 2023 Page 3 of 3 4. A building permit will not be issued on the property being platted until the final plat is recorded or as authorized by the City of Miami Code Section 55-10(i). Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 5. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 6. In order to mitigate problems associated with access and construction activities throughout the neighborhood, the contractor/developer is encouraged to notify the affected neighborhood residents, in writing, of the project starting and completion dates at the time of issuance of permits. 7. Additional items must be provided to the City of Miami Department of Resilience and Public Works, Development and Roadway Plans Section before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. It is required that the applicant contacts the Survey Section of Resilience and Public Works Department of the City of Miami to verify that all final plat submittal documents are complete prior to final plat submittal. 8. Tentative plat approval is only valid for 1(one) year and 6 (six) months from the date of the Plat and Street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, V Ju n 1 Sana, P.E., CFM Su isor o Plats - Plat and Street Committee Director — Public Works Department of Resilience and Public Works JS/EP/ep/ss Enclosure: Contact Sheet c: Ethan B. Wasserman Greenberg Traurig, P.A. 333 SE 2 Avenue Miami, FL 33131 Mark Johnson Shwebke-Shiskin &Associates 3240 Corporate Way Miramar, FL 33025 Plat and Street Committee Members Nzeribe Ihekwaba, Ph.D., P.E., Deputy City Manager Development and Roadway Plans Survey Major Richard Perez Police Department 400 NW 2nd Avenue Miami, FL 33128 305.603.6505 5630@miami-police.orq Collin Worth Transportation Office 444 SW 2nd Avenue, 8th Miami, FL 33130 305.416.1725 cworth@miamigov.com City of Miami Plat and Street Committee Contact List Evelyn Abraham Florida Power & Light Co. 122 SW 3rd Street Miami, FL 33130 305.377.6108 Evelvn.M.Abraham@fpl.com Luis Torres Building Department Floor 444 SW 2"d Avenue, 4th Floor Miami, FL 33130 305.416.1195 LTorresIII@miamigov.com Maria Nunez Comcast 2601 SW 145 Avenue Miramar, FL 33027 954.447.8405 Maria nunez@comcast.com Lt. Joselin Fernandez Fire -Rescue Department 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 305.416.1722 iofernandez@miamigov.com Daniel S. Goldberg, Esq. Zoning Administrator Office of Zoning 444 SW 2"d Avenue, 2nd Floor Miami, FL 33130 305.416.1488 DaGoldberg@miamigov.com Angel Quant Regional Operations Manager TECO GAS 5101 NW 215T Avenue, Suite 460 Ft. Lauderdale, FL 33309 954.453.0805 alquant@tecoenergv.com Guillermo Guerrero Miami -Dade Water & Sewer 3071 SW 38th Avenue Miami, FL 33146 786.268.5268 Guillermo.Guerrero@miamidade.gov Walter Sancho-Davila Hotwire Communications 2100 W Cypress Creek Road Fort Lauderdale, FL 33309 954-699-0900 walter.sancho- davila@hotwirecommunication.com Robert Diamond, P.E. Professional Engineer III Resilience & Public Works Dept. 444 SW 2"d Avenue, 8th Floor Miami, FL 33130 305.416.1200 rdiamond@miamigov.com Elizabeth Hernandez Office of the City Attorney 444 SW 2"d Avenue, 9th Floor Miami, FL 33130 305.416.1859 elhernandez@miamigov.com Darren Murphy Planning Department 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 305.416.1428 dmurphy@miamigov.com Ivan Rodriguez Miami -Dade County Public Schools 1450 NE 2nd Avenue, Room 525 Miami, FL 33132 305.995.7285 irodriquez@dadeschools.net Stefan Eriksson / PEA, Inc For: AT&T 6000 Metro West Blvd., Suite 201 Orlando, FL 32835-7631 407.578.8000 seriksson@pea-inc.net Juvenal Santana, P.E., CF Director of Public Works Resilience & Public Works Dept. 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 305.416.1218 jsantana@miamigov.com Henry Urena AT&T Florida for Bellsouth 600 NW 79th Ave, Room 360 Miami, FL (305) 913-1408 hu083i@att.com Enrique Pousada, P.S.M. Sr. Professional Surveyor / Mapper Resilience & Public Works Dept. 444 SW 2nd Avenue, 7th Floor Miami, FL 33130 305.416.1232 epousada@miamigov.com Terran Steed Zoning Office 444 SW 2"d Avenue, 2"d Floor Miami, FL 33130 305.416.1419 tsteed@miamigov.com Jon Baker / Mark Klinkenberg SPRINT Communication National Field Operations 851 Trafalgar Court, Suite 300 Maitland, FL 32751 jabaker@cogentco.com mark.klinkenberu@t-mobile.com Wade L. Sanders Director Solid Waste Department 1290 NW 20 Street Miami, FL, 33142 (305)960-2804 Wasanders@miamigov.com Erlande Omisca Florida Department of Health Miami -Dade County 11805 SW 26 Street, Room 120 Miami, FL 33175 (786) 315-2452 Erlande.Omisca@flhealth.gov MIAMI DADE COUNTY PLAT COMMITTEE NOTICE OF ACTION Plat No: T - 25008 - 1 - NEW STR1: 20 54 41 Municipality: MIAMI Zoning: District: 7 Name: NINE AT MIAMI Location by Streets: S. DIXIE HWY & DAY AVE Owner: OSWALDO JARAMILLO AND EUROPEAN AUTOMOTICE LLC, GREENBERG TRAURING, 333 SE 2 AVE., STE, 4400 MIAMI, FLORIDA 33131 Phone: (305) 579-0784 Surveyor: SCHWEBKE-SHISKIN & ASSOCIATES, INC. 3240 CORPORATE WAY MIRAMAR, FL 33025 Phone: (305) 652-7010 This is to advise you that on Friday, September 8, 2023 the Dade County Plat Committee reviewed the above plat and that the same was: Recommended for approval subject to conditions indicated on attached action copy. Approved as an extension of time, subject to previous requirements and: Deferred for reasons indicated below: Denied for the reasons indicated below: NoticeOfAction 9/8/2023 11:17:23 AM NINE AT MIAMI TENTATIVE PLAT NO. 25008-1 Sec. 20 Twp. 54 Municipality: MIAMI Zoned: T4-O, T5-O & T6- RECOMMEND APPROVAL — Rge. 41 Date. Regulatory a u . conomic ' esources Dept. (Flatting) RECOMMENDS APPROVAL Date. Regulatory an. . .. is Resou pt. (Zoning) O. Recommends approval subject to the City of Miami requirements and the requirements checked below: Q Traffic concurrency approval by the Municipality is required prior to final plat review and prior to the issuance of a building permit. Municipality concurrency review to include all City, State and County roads. Q Tentative Plat valid until '- - Note: The Plat Committee must officially review the Extension of Time request prior to the expiration of the Tentative Plat. Application request must be submitted at least ten (10) days prior to said Plat Committee meeting. Q No road, sidewalks, or drainage facilities within unincorporated Miami Dade County or on County maintained rights -of -ways are to be constructed or installed without prior knowledge, approval and complete progressive inspection by the Department of Transportation and Public Works. Construction or installation of these facilities does not guarantee acceptance by the County unless final plat is approved and recorded. ▪ Final approval and recording subject to the Department of Regulatory and Economic Resources (Environmental Resources Management) and the Florida Department of Health approval on sewage disposal facilities and water supply. • Site to be filled to County Flood Criteria Elevation or to an elevation not less than the approved crown of the road fronting the property. Cutting of existing grade is not permitted below the established base flood elevation of the F.IR.M. for Miami -Dade County Florida Community # 125098. Q Road closing petition to vacate a public road must be approved by the Municipality prior to final plat review. Q The City of Miami and the Traffic Division of the Miami -Dade County Department of Transportation and Public Works must approve the Site Plan prior to Final Plat submittal. Q Florida Department of Transportation approval required prior to final plat review. Contact (305) 470-5489 for concerns and requirements. Q An approved Traffic study report is required prior to Final Plat submittal. Please contact the Traffic Division of the Miami -Dade County Department of Transportation and Public Works. ❑✓ Compliance with the Department of Regulatory and Economic Resources (Environmental Resources Management). Contact Ingrid Guerrero at (305) 372-6507 or Inerid.Guerrero(a�miamidade.eov for environmental concerns and requirements. Q School Board approval required prior to final plat review. Q MDWASD approval required prior to final plat review. Q Compliance with the Miami Dade Water and Sewer Department (MDWASAD). Contact Maria Capote at (786) 268-5329 or Maria.Canote(ll miamidade.Qov for water and sewer concerns and requirements. Q Final Mylar(s) plus five (5) prints. Q Opinion of Title (Valid for 30 days, unincorporated; 45 days municipality). An update is usually required before the County Commissioners meeting and/or recordation. Paid Tax receipts (and escrow, if applicable). • Processing fee for Final Plat. • Recording fee for Final Plat. Q Water Control Division approval after final plat submittal. (DRER) Q Approval regarding method of water supply. Q Approval regarding method of sewage disposal. • Certified copy of municipal ordinance and/or resolution accepting final plat and letter(s) stating paving and drainage plans have been approved and Improvement Bond held by Municipality (if applicable). Q Letter from F.P.&L. Company (TP-7 letter) regarding underground electric service (ORD. 68-69). Q State Plane Coordinate Data Sheet. • AFTER SUBMITTAL OF FINAL PLAT, CHECK THE PUNCH LIST AT THE FOLLOWING WEBSITE FOR ADDITIONAL SCHEDULING AND/OR RECORDATION REQUIREMENTS. (httn://www8.mia midade.eov/apes/rer/nlatstatus/) EXHIBIT D City of Miami Certified Copy City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15778 Enactment Number: R-24-0166 A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FOR PUBLIC USE A PORTION OF HIGGS STREET GENERALLY BOUNDED BY SOUTH DIXIE HIGHWAY TO THE NORTH, SOUTHWEST 37 AVENUE TO THE EAST, DAY AVENUE TO THE SOUTH, AND BROOKERS STREET TO THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ethan B. Wasserman, Esquire, on behalf of Oswaldo Jarmillo c/o 908 Group Holdings LLC, ("Applicant") applied to the City of Miami ("City") to close, vacate, abandon, and discontinue for public use a portion of Higgs Street generally bounded by South Dixie Highway to the north, Southwest 37 Avenue to the east, Day Avenue to the south, and Brookers Street to the west, in Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Public Right -of -Way") pursuant to Chapter 55, Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Applicant is (re)platting certain property within the City as part of "Nine at Miami" Tentative Plat #2029-A (Higgs Street) ("Property"); and WHEREAS, the Property consists of multiple Miami Comprehensive Neighborhood Plan ("MCNP") Future Land Use Designations: Duplex Residential, Low Density Restricted Commercial, Medium Density Restricted Commercial, and Restricted Commercial; and WHEREAS, the Property consists of multiple Zoning Transects in the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"): "T4-R," General Urban Transect Zone — Restricted, "T3-O," Sub -Urban Zone — Open, "T5-O" Urban Center Transect Zone — Open; "T6-8-O," Urban Core Transect Zone — Open, and "T6-12-0," Urban Core Transect Zone — Open; and WHEREAS, the Property is also within the Miami 21 Code's Neighborhood Conservation District-2 (NCD-2) Zoning Overlay; and WHEREAS, based on the Applicant's plan drawing - PZD-2, Tentative Plat, the area of the Public Right -of -Way is approximately 4,659 square feet or 0.107 acres; and WHERAS, on October 19, 2023, the Applicant received an approval for their Waiver Application: PZ-22-15483 - 3850 South Dixie Hwy and 3791 Day Avenue ("Approved Waiver"), which consists of the same two (2) property addresses as this current vacation and closure application; and City of Miami Page 1 of 4 R-24-0166 File Number: 15778 Enactment Number: R-24-0166 WHEREAS, based on the Approved Waiver, the project was approved "By Right" for seventy-nine (79) Residential Multi -Family Housing units and 127 parking spaces for the Property; and WHEREAS, pursuant to Chapter 55, Section 55-15 of the City Code, the Applicant is replatting the Property with the intent to vacate and close a portion of Higgs Street, referred to as the Public Right -of -Way, that currently bisects the Property; and WHEREAS, the Applicant intends to plat a portion of the property fronting South Dixie Highway, which is currently unplatted; and WHEREAS, pursuant to the provisions of Chapter 55, Section 55-15(a) of the City Code, as amended, the City's Department of Resilience and Public Works ("RPW") and Office of Capital Improvements ("OCI") has researched for any City projects involving this Public Right -of - Way to be vacated and closed by the subject Tentative Plat; and WHEREAS, both RPW and OCI Departments confirmed in writing based on their records, that the City has not expended any funds within the prior fifty (50) years and/or any restricted funds on improvements; and WHEREAS, pursuant to Chapter 55, Section 55-15(c) of the City Code, the City's Plat and Street Committee met on July 6, 2023, and reviewed the Applicants Tentative Plat for technical compliance; and WHEREAS, the City's Plat and Street Committee approved the "Nine at Miami" Tentative Plat #2029-A (Higgs Street) and recommended approval of the vacation and closure of the Public Right -of -Way on July 6, 2023, (refer to Memorandum dated November 1, 2023 — Plat and Street Committee); and WHEREAS, the City's Plat and Street Committee considered the request for the vacation and closure of the subject Public Right -of -Way with respect to the following four (4) criteria/questions in Section 55-15(c) of the City Code in making their recommendation for approval to the Planning, Zoning, and Appeals Board ("PZAB"): (1) Is it in the public interest, or would the general public benefit from the vacation of the rights -of -way or easements? (2) Is the general public no longer using the rights -of -way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles? (3) Would there be no adverse effect on the ability to provide police, fire or emergency services? (4) Would the vacation and closure of the rights -of -way or easements have a beneficial effect on pedestrian and vehicular circulation in the area?; and WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way consistent with Article 2, Section 2.1.2(b)(3) of the Miami 21 Code; and WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way consistent with the Capital Improvements Goal CI-1 of the MCNP; and WHEREAS, the City's Planning Department found the proposed vacating and closing of the Public Right -of -Way to be consistent with Article 2, Section 2.1.3.3(b) of the Miami 21 Code; and City of Miami Page 2 of 4 R-24-0166 File Number: 15778 Enactment Number: R-24-0166 WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way to be consistent with Goal TR-1 of the MCNP; and WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way consistent with Article 3, Section 3.8.2.b of the Miami 21 Code; and WHEREAS, the City Planning Department found the proposed vacating and closing of the Public Right -of -Way consistent with Article 3, Section 3.8.2.c of the Miami 21 Code; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 20, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-020 by a vote of nine to one (9-1), Item No. PZAB.10, recommending approval of right-of-way closure application; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, the City Commission finds that there is competent substantial evidence to approve the closure and vacating of the Public Right -of -Way described herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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. The City Commission approves the closure, vacation, abandonment, and discontinuance for public use a portion of Higgs Street generally bounded by South Dixie Highway to the north, Southwest 37 Avenue to the east, Day Avenue to the south, and Brookers Street to the west, in Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," with the following conditions: 1. The closure and vacation shall be developed in accordance with the "Nine at Miami" Tentative Plat #2029-A (Higgs Street) consisting of two (2) sheets, digitally signed, and sealed by Mark Steven Johnson, Professional Surveyor and Mapper, LS No. 4775, State of Florida, with a Survey Date of January 19, 2023. 2. The Applicant, owner, and any successor shall comply with all conditions and/or comments in the letter signed by Juvenal Santana, P.E., CFM, Supervisor of Plats - Plat and Street Committee, Deputy Director - Public Works, Department of Resilience and Public Works on September 13, 2023 for the Tentative Plat # 2029 located along the north side of Day Avenue, on the east and the west sides of Higgs Street; and along the southeasterly side of South Dixie Highway (U.S.1). 3. The Applicant, owner, and any successor shall meet applicable development standards identified in the Miami 21 Code and all applicable local, county, state, and federal regulations. 4. The Applicant, owner, and any successor shall provide an access plan for review and acceptance by the City's Fire -Rescue, Police, Solid Waste Departments, and the Capital Improvements Program/Office Transportation. 5. A building permit, including phased permits, will not be issued on the property being platted until the final plat is recorded or as authorized by Section 55-10(i) of the City Code. City of Miami Page 3 of 4 R-24-0166 File Number: 15778 Enactment Number: R-24-0166 6. Approval of the requested vacation and closure shall be valid for a period of four (4) years and shall remain independent of the referenced tentative plat during this period, pursuant to Section 55-15 of the City Code. 7 A Certificate of Occupancy shall only be issued after all the required subdivision improvements have been completed. 8. The City reserves the right to inspect the site to ensure compliance with the conditions listed. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall be effective immediately upon its adoption. DATE: 4/25/2024 RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Christine King, Joe Carollo, Miguel Angel Gabela, Damian Pardo, Manolo Reyes I, Todd B. Hannon, 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- 24-0166, with attachment(s), passed by the City Commission on 4/25/2024. ok0 (144 City Clerk, Deputy City Clerk (fc r Todd B. Hannon, City Clerk) May 7, 2024 Date Certified City of Miami Page 4 of 4 R-24-0166 City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 Master Report www.miamigov.com Enactment Number: R-24-0166 File Number: 15778 File Type: Resolution Status: ADOPTED Revision: Controlling Body: City Commission File Name: Closure - 3850 S Dixie Hwy Introduced: 3/22/2024 Requesting Dept: Department of Planning Final Action Date: 4/25/2024 Title: A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FOR PUBLIC USE A PORTION OF HIGGS STREET GENERALLY BOUNDED BY SOUTH DIXIE HIGHWAY TO THE NORTH, SOUTHWEST 37 AVENUE TO THE EAST, DAY AVENUE TO THE SOUTH, AND BROOKERS STREET TO THE WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Notes: Links: Linked To: PZAB-R-24-020 : A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE CITY COMMISSION PURSUANT TO CHAPTER 55, SECTION 55-15(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CLOSE, VACATE, ABANDON, AND DISCONTINUE FOR PUBLIC USE A PORTION OF HIGGS STREET GENERALLY BOUNDED BY THE FOLLOWING THOROUGHFARES: SOUTH DIXIE HIGHWAY TO THE NORTH, SOUTHWEST 37 AVENUE TO THE EAST, DAY AVENUE TO THE SOUTH, AND BROOKERS STREET TO THE WEST MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Attachments: 15778 - Exhibit A (PDF) 15778 - Analysis and Maps (PDF) 15778 - Application and Supporting Documents (PDF) 15778 - Noticing for April 25 2024 CC Mtg (PDF) History of Legislative File: Revision: Acting Body: Date: Action: Result: Erica Lee 4/8/2024 Planning Legislative Review Completed David Snow 4/9/2024 Department Head Review Completed Legislative Division 4/10/2024 Legislative Division Review Completed Amber Ketterer 4/15/2024 ACA Review Completed George K. Wysong 111 4/15/2024 Approved Form and Completed Correctness City Commission 4/25/2024 Meeting Completed City Commission 4/25/2024 ADOPTED Passed Mayor's Office 5/1/2024 Unsigned by the Mayor Completed City Clerk's Office 5/1/2024 Signed and Attested by the City Completed Clerk City Clerk's Office 5/6/2024 Rendered Completed City of Miami Page 1 of 2 Printed on: 5/7/2024 City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 Master Report www.miamigov.com Enactment Number: R-24-0166 City of Miami Page 2 of 2 Printed on: 5/7/2024 EXHBIT "A" LEGAL DESCRIPTION: ro PZ-23-16892 03101/24 THAT PORTION OF THE RIGHT-OF-WAY OF HIGGS STREET LYING IN SECTION 20, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED ON THE NORTH BY THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 20, BEING BOUNDED ON THE SOUTH BY A LINE 25.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF DAY AVENUE, BEING BOUNDED ON THE EAST BY THE WEST LINE OF LOT 5 AND BEING BOUNDED ON THE WEST BY THE EAST LINE OF LOT 6, OF THE "REVISED PLAT OF PERCIVAL & SANFORD," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 140, OF THE PUBLIC RECORDS OF MIAMI-DARE COUNTY, FLORIDA. ACTIVE 693174438v1 EXHIBIT E LOTS 6 AND 7, LESS THE SOUTH 5.0 FEET OF REVISED PLAT PERCIVAL & SANFORD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 140, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AERIAL EPLAN ID: PZ-25-19370 SPECIAL APPEARANCE ADDRESS(ES): 3850 S DIXIE HWY 0 62.5 125 250 Feet 1 1 FUTURE LAND USE MAP (EXISTING) EPLAN ID: PZ-25-19370 SPECIAL APPEARANCE ADDRESS(ES): 3850 S DIXIE HWY 0 75 150 �IQRANGE,,S1T•i—.•i_.e._.... 300 Feet DAY -AV Low Density Restricted Commercial Restricted Commercial General Commercial Duplex - Residential Medium Density Restricted Commercial PERCIVAL AV. N MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-25-19370 SPECIAL APPEARANCE ADDRESS(ES): 3850 S DIXIE HWY 0 75 150 300 Feet I 1 PERCIVAL AV